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M 09-03-91CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 3, 1991 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:35 p.m., Tuesday, September 3, 1991, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Vice-Mayor Eric D. Carlson and Joanne Benjamin (arrived at 8:06). Absent:Mayor Ventura PLEDGE OF ALLEGIANCE Given by all in attendance. POLICE VEHICLES/BID AWARD Motion by Mr. Attaway, seconded by Mr. Blanton, that Council authorize the purchase of four 1991 model used cars from McHugh Lincoln-Mercury, Inc. of Los Gatos. Two Mercury Sable four door sedans and one Mercury Cougar two door sedan, at $11,350.00 each, and one Ford Crown Victoria four door sedan at $14,500.00; with a total purchase price $52,609.50, including tax, and; that the Council approve the purchase of an additional three year or 75,000 mile warranty for the vehicles at $500.00 each; total of $2000.00; grand total equals $54,609.50. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/AUGUST 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying TC:D1:MM090391 check registers for payroll of August 4 through August 17, 1991 in the amount of $219,649.71 paid on August 23, 1991. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $479,762.56 paid on August 16, 23 and 30, 1991. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California UNIVERSITY AVE 761/COMPLETION NOTICE Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for 761 University Avenue. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. CONGESTION MANAGEMENT PLAN/SANTA CLARA COUNTY Motion by Mr. Blanton, seconded by Mr. Attaway, that Council endorse the draft Congestion Management Program as presented. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. PARKING ZONE/CHERRY BLOSSOM LANE/BLOSSOM HILL ROAD Motion by Mr. Blanton, seconded by Mr. Attaway, that Council designate a 30 minute parking zone on the east side of Cherry Blossom Lane from the southern property line of the Blossom Hill School to 130 feet south of Blossom Hill Road from 8:00 a.m. to 3:00 p.m. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. OPEN SPACE/AB72/CALIFORNIA HERITAGE LANDS BOND ACT OF 1992 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize Mayor to send letter to Assemblyman Dominic Cortese urging him to amend AB72 to include a matching fund of at least $200 million for local agency acquisition of open space. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. COMMENDATION/PARKS DEPARTMENT/DAVE SASO/RESOLUTION 1991-192 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 192 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DAVE SASO FOR 19 YEARS OF PUBLIC SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. LIBRARY CONSTRUCTION/RENOVATION BOND ACT/RESOLUTION 1991-193 AMENDMENT OF TOWN'S APPLICATION Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 193 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AMENDMENT OF THE TOWN'S APPLICATION FOR LIBRARY CONSTRUCTION AND RENOVATION BOND ACT FUNDS. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. ELECTED OFFICIALS/MEDICAL AND HOSPITAL CARE PROGRAM/PUBLIC EMPLOYEES' RESOLUTION 1991-194 TC:D1:MM090391 September 3, 1991 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 194 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California SEWER IMPROVEMENTS/OAK MEADOW PARK/VARNI/RESOLUTION 1991-195 WEST VALLEY SANITARY DISTRICT Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 195 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT FOR SANITARY SEWER IMPROVEMENTS. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. RENT MEDIATION PROGRAM/INFORMATION AND REFERRAL SERVICES AGREEMENT/RESOLUTION 1991-196 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 196 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC. FOR IMPLEMENTATION OF THE RENT MEDIATION PROGRAM. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. NONPROFIT GRANTEES/AGREEMENTS/EXECUTION/RESOLUTION 1991-197 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 197 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS WITH FY 1991-92 NONPROFIT GRANTEES. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. CANINE SERVICES/LAW ENFORCEMENT/SAN JOSE/RESOLUTION 1991-198 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 198 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN JOSE TO PROVIDE LOS GATOS POLICE ACCESS TO CANINE SERVICES FOR OFFICIAL LAW ENFORCEMENT ACTIVITIES. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. MINUTES OF AUGUST 19, 1991 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of August 19, 1991. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. TREASURER'S REPORT/JULY 31, 1991 The Treasurer's Report was accepted and filed. SOLID WASTE MANAGEMENT/DROP-OFF BOX RATES/RESOLUTION 1991-199 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 199 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING RATES FOR TC:D1:MM090391 September 3, 1991 Los Gatos, California SOLID WASTE MANAGEMENT SERVICES, which adopts Attachment 2, Exhibit A, establishing revised solid waste rates for the drop-off box sector effective October 1, 1991. Rates to include refuse collection and solid waste management administrative services. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California APPROVAL OF REPORT OF FINANCIAL ADVISOR Motion by Mr. Blanton, second by Mr. Attaway, that Council direct staff to select an independent financial advisor for analysis of the Town's ability is obtaining special assessment district bonds and Mello-Roos seismic bonds who would not participate in the underwriting of these bonds, and to have Town proceed in requiring competitive bids for the appropriate bonds. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE/RESOLUTION 1991-200 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 200 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE AS AN ADVISORY BODY TO THE PLANNING COMMISSION, for a period of one year in order to assess the value of this committee to the citizens it is supposed to be assisting. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. BONDS REQUIRED OF TOWN OFFICIALS/TOWN CODE AMENDMENT ORDINANCE INTRODUCTION Motion by Mr. Attaway, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2 OF THE TOWN CODE RELATING TO THE BONDS REQUIRED OF CERTAIN TOWN OFFICIALS. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. VERBAL COMMUNICATIONS Gwen Pallet, business at 22 E. Main St., addressed the parking issue relating to her enterprise and the need for longer parking limits for businesses that have clients in the facilities for longer than one or two hours, particularly as it relates to hair salons. TRAILS COMMITTEE/APPOINTMENT REPORT Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report from the Park Commission and Planning Commission regarding appointments to Trails Committee. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. PARKING COMMISSION/APPOINTMENT REPORT/RESOLUTION 1988-218 AMENDMENT Motion by Mr. Attaway, seconded by Mr. Blanton, that Council amend Resolution 1988- 218 to include the following membership criteria for the Parking Commission: At least one TC:D1:MM090391 September 3, 1991 Los Gatos, California member must be a resident of the Downtown Area and not be a business owner or commercial land owner in this district; If the remaining six members do not reside in the Town, they must have either a business interest or own non-residential property in the Downtown Area. Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California RENT ADVISORY COMMITTEE/MEMBERSHIP REQUIREMENTS/RESOLUTION 1991-201 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 201 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-24 ESTABLISHING THE TOWN OF LOS GATOS RENT ADVISORY COMMITTEE (RAC), which further defines membership requirements of the Rent Advisory Committee (RAC). Carried by a vote of 3 ayes. Mayor Ventura and Mrs. Benjamin absent. ARRIVAL/COUNCILMEMBER BENJAMIN Mrs. Benjamin arrived at 8:06 p.m. RENT ADVISORY COMMITTEE/APPOINTMENT Vice Mayor Carlson announced that three applications had been received from Lorraine Hoge, Lisa Meddows and Jack Cole for the one vacancy on the Rent Advisory Committee. Motion by Mr. Attaway, seconded by Mr. Blanton, to appoint Lisa Meddows to the Rent Advisory Committee. Carried by 4 ayes. Mayor Ventura absent. PARKING COMMISSION/APPOINTMENT Vice Mayor Carlson announced that two applications had been received from Edward Stahl and Steve Zientek for the one vacancy on the Parking Commission. Mr. Stahl sent a letter requesting his application be removed. There was a motion by consensus that Council appoint Steve Zientek to the Parking Commission. Carried by 4 ayes. Mayor Ventura absent. TRAILS COMMITTEE/APPOINTMENT Vice Mayor Carlson announced that seven applications had been received from Adu Bagley, Victor Collord, Tom Liolios, James Sugai, Gail Walker, Walter Ward and Carol Ann Weber for two announced vacancies. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to bring a revised enabling resolution back to Council allowing for all appointees to serve on the Committee, and to appoint Adu Bagley, Victor Collord, Tom Leolios, James Sugai, Walter Ward, and Carol Ann Weber to the Trails Committee. Carried by a vote of 4 ayes. Mayor Ventura absent. RECONSIDERATION OF MOTIONS Vice Mayor Carlson requested that the following six items be reconsidered in order to reflect an appropriate vote to carry the resolutions and ordinances since Vice Mayor Carlson had abstained on these items. Councilmember Benjamin had arrived and would be able to participate at this time. TC:D1:MM090391 September 3, 1991 Los Gatos, California CLASSIFICATION PLAN/FY 1991-1992/JULY 1, 1991/RESOLUTION 1991-203 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 203 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING POSITION AND CLASSIFICATION PLAN FOR FISCAL YEAR 1991-932 EFFECTIVE JULY 1, 1991 THROUGH JUNE 30, 1992. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California RIGHT OF ENTRY/AGREEMENT/SANTA CLARA COUNTY TRAFFIC AUTHORITY/RESOLUTION 1991-202 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 202 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. NONCONFORMING PROPERTIES/PARKING REGULATIONS/ORDINANCE 1864 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1864 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING REGULATIONS FOR NONCONFORMING USES ALLOWING PROPERTIES THAT ARE NONCONFORMING AS TO PARKING TO CONTINUE OPERATING WITH RESTRICTIONS. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. TRAFFIC IMPACT FEES/ZONE CHANGE NO. 81/ORDINANCE 1865 AMENDING ORDINANCE 1779 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1865 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1779 RELATING TO TRAFFIC IMPACT FEES AFFECTING ZONE CHANGE NO. 81 FROM O, R-1:8000 & RM:5-20 TO R-1:8000-PD. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. SPEED LIMITS/AMENDING SECTION 16-43.2 OF THE TOWN CODE/ORDINANCE 1866 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1866 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE TOWN OF LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. TRANSIENT OCCUPANCY TAX/AMENDING SECTION 28-23 OF THE TOWN CODE/ORDINANCE 1867 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1867 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE IV OF CHAPTER 28, SECTION 28-23, OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO TRANSIENT OCCUPANCY TAX. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California PUBLIC HEARINGS LEOTAR COURT 102/FENCING HEIGHT/FLACH/APPEAL DENIAL/HEARING Vice Mayor Carlson stated that this was the time and the place duly noted for a public hearing to consider an appeal of a decision of the Planning Commission denying a request for permission to increase the height of fencing along the side and rear property lines from six feet to ten feet on property in the HR-2 1/2 Zone, variance application V-91-2. Property located at 102 Leotar Court. Property Owners, Oliver C. & Susan G. Flach. TC:D1:MM090391 September 3, 1991 Los Gatos, California HEARINGS CONTINUED LEOTAR COURT CONT. The following people from the audience spoke to the Council on this issue: Susan Flach, 102 Leotar Crt., explained her concern for the deer in the hills and her attempt to rectify the problem of them accessing her property. Also stated error of Planning Commission in that they discussed the fact that the subdivision was to allow free movement and also designated locations for fences but her home was not mentioned in the CC & R's. Preston Hill, 196 W. Main St., submitted pictures for the record and requested that Council consider an amendment to the zoning ordinance. No one else from the audience spoke to this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mayor Ventura absent. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council deny the appeal but allow Planning Commission to study the issue of fences in general and wildlife in this area. Mr. Carlson added that he would like to suspend the process of the removal of fences until the Planning Commission makes its finding. Carried by a vote of 4 ayes. Mayor Ventura absent. 300 SANTA ROSA DRIVE/EXPANSION OF SINGLE-FAMILY RESIDENCE/STEVE WOZNIAK/ CONSIDERATION OF APPEAL/HEARING Vice Mayor Carlson stated that this was the time and the place duly noted for a public hearing to consider an appeal of the Planning Commission decision to approve an application to expand an existing single-family residence in the HR-2 1/2 Zone, Architecture and Site application S-85-22B. Property owner, Steve Wozniak. Appellant, Gerald Davidson. The following people from the audience spoke to the Council on this issue: Jerry Davidson, 310 Santa Rosa Drive, spoke in opposition to the proposed project stating the unenforceable conditions on the project and the fact that the construction has been continuing for too long a period of time. Bob DoAmaral, contractor for the project, submitted pictures for the record, and explained that the parking issue would be solved on site, that all conditions for construction would be met and that it is understood that certificates of occupancy could be withheld if conditions are not met. Vice-Mayor Carlson, asked if the contractor would meet all conditions for construction and TC:D1:MM090391 September 3, 1991 Los Gatos, California explained that the project could be stopped and certificates of occupancy withheld if conditions were not adhered to. Henry Zaine, 430 Santa Rosa Drive, one of the first residents of the area and president of the home owner's association, spoke against the project and the disruption it is causing in the neighborhood. There was no on else from the audience who wished to speak to this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mayor Ventura absent. TC:D1:MM090391 September 3, 1991 Los Gatos, California HEARINGS CONTINUED SANTA ROSA DR. CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to deny the appeal and uphold the Planning Commission's decision, finding that the PC did not err and that the applicant will work within the stipulated guide lines. Carried by a vote of 2 ayes. Mr. Attaway voted no because of the size and intensification of the project and the longevity of the construction schedule and Vice Mayor Carlson voted no due to the unenforcibility of the traffic mitigating conditions. Mayor Ventura absent. COLLEGE AVE 131/CLAIM REJECTION/THOMPSON/SEWER LINE BREAK Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item to September 16, 1991 and notify Mr. Thompson of his opportunity to speak to Council at that time. Carried by a vote of 4 ayes. Mayor Ventura absent. VINYARD COURT 101/ENCROACHMENT PERMIT/JURMAN Motion by Mr. Blanton, seconded by Mr. Attaway, that Council deny the request for a Revocable Encroachment Permit to allow the use of a portion of the public right-of-way at 101 Vinyard Court for Rubin Jurman. Carried by a vote of 4 ayes. Mayor Ventura absent. ANNEXATION COMMITTEE FORMATION Motion by Mr. Blanton, to establish a committee to look into the issues of annexation in order to keep the issue open and before the public. Motion died for lack of second. Consensus motion by Council to bring back a report to Council explaining the alternative methods of action available in regards to annexation proceedings. HANDICAPPED ACCESSIBILITY/LOS GATOS HIGH SCHOOL Motion by Mrs. Benjamin, seconded by Vice Mayor Carlson, to continue this item to October 7, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, to adjourned this meeting at 10:25 p.m. Carried by a vote of 4 ayes. Mayor Ventura absent. ATTEST: Kim Kolerus TC:D1:MM090391 September 3, 1991 Los Gatos, California Deputy Clerk Marian V. Cosgrove Town Clerk TC:D1:MM090391