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M 06-03-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 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 8:02 p.m., Monday, June 3, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, and Eric D. Carlson. Absent:Mayor Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. RENT ADVISORY COMMITTEE/APPOINTMENTS Vice-Mayor Carlson announced that applications had been received for two vacancies on the Rent Advisory Committee representing one neutral party and one owner from Steve Dillbeck, William Errico, Susan Fish and James Huber. Voting was held and William Errico and Susan Fish were appointed to the Rent Advisory Committee. Terms to expire June, 1994. REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENTS Vice-Mayor Carlson announced that applications had been received for four vacancies representing residents of the Redevelopment Project Area from Lainey Richardson, Ted Simonson, Morris Trevithick, Lorraine West and Donald Worn. Voting was held and Lainey Richardson, Ted Simonson, Morris Trevithick and Donald Worn were appointed. Their terms to expire at a time to be determined. U.S. PRESIDENTIAL SCHOLARS/PRESENTATIONS Vice-Mayor Carlson presented the U.S. Presidential Scholars award to two students of Los Gatos High School. This is the first time in the history of the award that two students were chosen from the same school. The recipients were John Douglas Owens and Gregory S. Yap. YOUTH COMMUNITY SERVICE AWARD/1991 PRESENTATION TC:D1:MM060391 Vice-Mayor Carlson presented the Youth Community Service Award to Lara Blachman for her service to the Community. The nomination for this award is made by the Youth Advisory Commission. YOUTH ADVISORY COMMISSION/1991 PRESENTATIONS Vice-Mayor Carlson presented commendations to the members of the Youth Advisory Commission for 1991. The following students received their commendation: Adam Brown, Scott Burns, Kristen Fish, Kim Kolerus, Kristen Swan, Erik Wolf, Marc Hottendorf and adult advisor, Patricia Ernstrom. TC:D1:MM060391 June 3, 1991 Los Gatos, California ANNOUNCEMENT/ATTORNEY'S OFFICE Vice-Mayor Carlson introduced the new Town Attorney, Katherine Anderton and thanked the interim Town Attorney, Natalie West for her service while with the Town. CLOSED SESSION Natalie West, Acting Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Woodlief vs. Town of Los Gatos and Worker's Compensation Matter of Jerry Meyer. There is no report from these discussions at this time. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations. There is no report from that discussion at this time. TRANSIT ASSIST SUPERVAN/BID AWARD/CAPITOL FORD Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize purchase of one 1991 Ford stripped SuperVan from Capitol Ford Inc., at the sales price of $16,502.61 (including tax) for the Transit Assist program providing staff has reviewed the feasibility of negotiating the point of sale in Los Gatos for the purpose of retrieving the sales tax. Carried by a vote of 4 ayes. Mayor Ventura absent. Consensus by Council that staff actively encourage vendors within the Town to participate competitively in the Town's bidding process. MARIA'S BERRY FARM/MOVING SERVICES/ASBESTOS ABATEMENT/BID AWARDS Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council award the bid to Charles Kelly Inc., and appropriate $63,437 from current funding to move Maria's Berry Farm and Tower to Miles Ave. site. Carried by a vote of 4 ayes. Mayor Ventura absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council award the bid to Cal- Coast A.A. Inc., and appropriate $2,129 from current funding to remove and properly dispose of known asbestos products from Maria's Berry Farm. Carried by a vote of 4 ayes. Mayor Ventura absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the recommended action concerning County Referrals: Projects Inside Urban Service Area: TC:D1:MM060391 June 3, 1991 Los Gatos, California 1840-34-50-91DR/14550 Deerpark Ct/Starrett/Design Review/Recommend Approval with no conditions. 3533-35-50-91DR-91G/14560 Deerpark Ct/Frisch/Design Review and grading/Recommend Approval with 4 conditions. 4855-32-53-91V/16131 Jasmine Way/Frey/Variance/Recommend Denial. Carried by a vote of 4 ayes. Mayor Ventura absent. TC:D1:MM060391 June 3, 1991 Los Gatos, California 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/MAY 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of April 28 through May 11, 1991 in the amount of $236,792.22 and paid on May 24, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. ACCOUNTS PAYABLE/RATIFICATION/MAY 1991 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $326,661.11 paid on May 14, 17 and 24, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. AMICUS BRIEF/CITY OF MOORPARK V. MOORPARK UNIFIED SCHOOL DISTRICT Motion by Mrs. Benjamin, seconded by Mr. Blanton, to authorize participation in the above-referenced case at no cost to the Town. Carried by a vote of 4 ayes. Mayor Ventura absent. YOUTH ADVISORY COMMISSION/1990-91 FISCAL REPORT Informational item which presents a fiscal report to Council was received and filed. 8904B PROJECT/ANNUAL SIDEWALK REPAIR/COMPLETION NOTICE Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8904B/Annual Sidewalk Reconstruction, and increase spending limit for FEMA Reimbursement from $147,312.00 to $151,849.10. Carried by a vote of 4 ayes. Mayor Ventura absent. CAPITAL IMPROVEMENT PROGRAM 1991-94/RESOLUTION 1991-120 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 1991-92 THROUGH 1993-94, and includes a note that the Parking Fund will have a $4,000,000.00 debt to the General Fund. Carried by a vote of 4 ayes. Mayor Ventura absent. TC:D1:MM060391 June 3, 1991 Los Gatos, California SANTA CRUZ AVE N 130/NOODLE PALACE/VARNI/LYKINS/RESOLUTIONS 1991-121 & 122 RESTAURANT/TRAFFIC RESTRICTIONS/PARKING REQUIREMENTS Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE PLANNING COMMISSION'S DECISION TO APPROVE AN APPLICATION TO RE- ESTABLISH A RESTAURANT WITH EXPANDED HOURS OF OPERATION AND TO INCLUDE THE BREWING OF BEER ON THE PREMISES ON PROPERTY IN THE C-2 ZONE. Carried by a vote of 4 ayes. Mayor Ventura absent. TC:D1:MM060391 June 3, 1991 Los Gatos, California SANTA CRUZ AVE/NOODLE PALACE/CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 122 entitled,RESOLUTION OF THE TOWN OF LOS GATOS PROHIBITING CERTAIN TURNING MOVEMENT FROM TOWN PARKING LOTS 3 AND 4. Carried by a vote of 4 ayes. Mayor Ventura absent. CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND ACT OF 1988 GRANT FUNDING APPLICATION/RESOLUTION 1991-123 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND ACT OF 1988. Carried by a vote of 4 ayes. Mayor Ventura absent. LARK AVE 16775/LAND USE/RESOLUTION 1991-124 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING PROPERTY LOCATED ON THE NORTH SIDE OF LARK AVENUE AND EAST OF LOS GATOS CREEK (APN 424-08-062, 16775 LARK AVENUE). Carried by a vote of 4 ayes. Mayor Ventura absent. PARKS, FORESTRY & MAINTENANCE/COMMENDATION FOR SERVICE TO TOWN BOB BRYANT/RESOLUTION 1991-125 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ROBERT J. BRYANT ("BOB"), THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES FOR EXEMPLARY SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mayor Ventura absent. LOS GATOS MEADOWS DAY/JUNE 7, 1991/RESOLUTION 1991-126 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING FRIDAY, JUNE 7, 1991 AS "LOS GATOS MEADOWS DAY". Carried by a vote of 4 ayes. Mayor Ventura absent. KATHERINE ANDERTON/TOWN ATTORNEY/RESOLUTION 1991-127 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING TOWN ATTORNEY KATHERINE ANDERTON. Carried by a vote of 4 ayes. Mayor Ventura TC:D1:MM060391 June 3, 1991 Los Gatos, California absent. ORDINANCE SUMMARIZATION/RESOLUTION 1991-128 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING PUBLICATION OF SUMMARIES OF ORDINANCES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 36933. Carried by a vote of 4 ayes. Mayor Ventura absent. TC:D1:MM060391 June 3, 1991 Los Gatos, California CENTRAL AVE 42/RODMAN/FLORENTINE VILLAGE/PARKING/RESOLUTION 1991-129 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR PERMISSION TO MAINTAIN AN EXISTING APARTMENT COMPLEX WITHOUT THE CONDITION OF APPROVAL REQUESTING PAVING AND STRIPING OF THE PARKING AREA FOR PROPERTY LOCATED IN THE R-1:10,000 ZONE, CONDITIONAL USE PERMIT APPLICATION U-90-6. (42 CENTRAL AVENUE/MARLENE RODMAN), which incorporates the Council findings and decision at its meeting of May 20, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. MAIN STREET E 214/TOBY'S MOTEL/OGILVIE/RESOLUTION 1991-130 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991- 130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF DIRECTOR OF BUILDING SERVICES DECISION TO ISSUE A "NOTICE AND ORDER" FOR SUBSTANDARD HOUSING CONDITIONS AT TOBY'S MOTEL, (214 E. MAIN STREET/EVA V. OGILVIE), which incorporates the Council findings and decision at its meeting of May 20, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. PARKING REQUIREMENT MODIFICATIONS/MEDICAL AND DENTAL OFFICES PARKING STALLS & AISLES/FRATERNITIES & SORORITIES/ORDINANCE 1854 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1854 entitled, ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING PARKING STANDARDS TO INCLUDE PARKING REQUIREMENTS FOR MEDICAL AND DENTAL OFFICE BUILDINGS, DIMENSIONS FOR PARKING STALLS AND AISLES, AND REPEALING PARKING REQUIREMENTS FOR FRATERNITIES AND SORORITIES, which was introduced at the Town Council meeting of May 20, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. SWIMMING POOL ENCLOSURE REGULATIONS/ORDINANCE 1855 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1855 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE REGULATIONS FOR SWIMMING POOL ENCLOSURES, which was introduced at the Town Council meeting of May 20, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. HISTORIC PRESERVATION COMMITTEE/ORDINANCE 1856 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1856 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE DUTIES OF THE HISTORIC PRESERVATION COMMITTEE, which was introduced at the Town Council meeting of May 20, 1991. Carried TC:D1:MM060391 June 3, 1991 Los Gatos, California by a vote of 4 ayes. Mayor Ventura absent. BUSINESS LICENSE FEES INCREASED/CREDITS/ORDINANCE 1857 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1857 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 15, ARTICLE II OF THE TOWN CODE, which was introduced at the Town Council meeting of May 28, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. TC:D1:MM060391 June 3, 1991 Los Gatos, California TOWN COUNCIL MEETINGS/DATES & TIMES ESTABLISHED/ORDINANCE INTRODUCTION Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading and introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, SECTION 2-1 OF THE TOWN CODE ESTABLISHING TOWN COUNCIL MEETINGS. Carried by a vote of 4 ayes. Mayor Ventura absent. MOFFETT FIELD/NASA/RESOLUTION 1991-131 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING PROPOSAL FOR REUSE OF NASA MOFFETT FIELD. Carried by a vote of 3 ayes. Vice-Mayor Carlson abstained due to a possible conflict of interest. Mayor Ventura absent. Barbara Waldman, Councilmember of the City of Sunnyvale, 1532 Condor Way, Sunnyvale, spoke regarding this issue and requested our Town Council's support. SOLID WASTE MANAGEMENT/COSTS AND RATES/HEARING Vice-Mayor Carlson stated that this was the time and place duly noted for public hearing to consider solid waste management costs and rates. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to June 17, 1991 in order for the Community Services Commission to hold its hearing on June 5, 1991 at 7:30 in the Council Chambers. Carried by a vote of 4 ayes. Mayor Ventura absent. MINUTES OF MAY 20, 1991 Mrs. Benjamin requested a correction to page 8, under Tax and License, that the date be changed from March 28, 1991 to May 28, 1991. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Minutes of May 20, 1991 be approved as corrected. Carried by a vote of 4 ayes. Mayor Ventura absent. TREASURER'S REPORT/APRIL 1991 Informational report submitted by the Treasurer to the Council for the month of April 1991, received and filed. MEETING SCHEDULE FOR 1991-92/TOWN COUNCIL Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Town council Meeting Schedule for fiscal year 1991-92. Carried by a vote of 4 ayes. Mayor Ventura absent. ADJOURNMENT TC:D1:MM060391 June 3, 1991 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adjourn this evening's meeting at 8:25 p.m. Carried by a vote of 4 ayes. Mayor Ventura absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM060391