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M 09-16-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 16, 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 7:57 p.m., Monday, September 16, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, and Mayor Brent N. Ventura. Absent:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. PARATRANSIT VAN MODIFICATIONS/BID AWARD Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council award contract for paratransit modifications of 1991 Ford SuperVan to New Ability Driving and Transportation System, at the price of $16,896 for the Transit Assist program.Carried by a vote of 4 ayes. Mr. Carlson absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/AUGUST 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of August 18 through August 31, 1991 in the amount of $210,049.36 paid on September 6, 1991.Carried by a vote of 4 ayes. Mr. Carlson absent. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $169,464.11 paid on September 6, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM091691 ANNEXATION/FEES Motion by Mr. Blanton, seconded by Mr. Attaway,hat Council direct Town Clerk to set a public hearing to consider a resolution adopting the recommended fees for annexations as provided by Government Code Section 66016. Carried by a vote of 4 ayes. Mr. Carlson absent. CUSTODIAL SERVICES Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve and ratify payment for interim custodial services.Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM091691 September 16, 1991 Los Gatos, California BUSINESS IMPROVEMENT DISTRICT/RESOLUTION 1991-204 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 204 entitled, RESOLUTION OF INTENT OF THE TOWN OF LOS GATOS DECLARING ITS INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA TO BE KNOWN AS THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT , setting a public hearing for October 7, 1991 at 7:30 p.m.Carried by a vote of 4 ayes. Mr. Carlson absent. PARKING COMMISSION/MEMBERSHIP REQUIREMENTS/RESOLUTION 1991-205 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 205 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1988-218 DETERMINING NEED FOR A PARKING AUTHORITY OF THE TOWN OF LOS GATOS, establishing membership requirements for the Parking Commission. Carried by a vote of 4 ayes. Mr. Carlson absent. FINANCIAL ADVISORY SERVICES/AGREEMENT/RESOLUTION 1991-206 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 206 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH MILLER & SCHROEDER FINANCIAL, INCORPORATED FOR FINANCIAL ADVISORY SERVICES , related to issuing bonds for a special assessment district at 300 Blossom Hill Road (Vasona Heights Project). Carried by a vote of 4 ayes. Mr. Carlson absent. RED CROSS/EARTHQUAKE GRANTS/AGREEMENT/RESOLUTION 1991-207 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 207 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE ADOPTION OF AN AMENDMENT TO THE AGREEMENT WITH THE AMERICAN NATIONAL RED CROSS FOR DISASTER RELIEF , extending grant relief funds to October 1, 1992. Carried by a vote of 4 ayes. Mr. Carlson absent. PARKING COMMISSIONER/JOE WHITE/RESOLUTION 1991-208 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 208 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOE WHITE FOR HIS SERVICES ON THE PARKING COMMISSION , accepting Mr. White's resignation from the Parking Commission with regret and instructing the Town Clerk to advertise the opening on the Parking Commission. Carried by a vote of 4 ayes. Mr. Carlson absent. HISTORIC PRESERVATION COMMITTEE/BOB COWAN/RESOLUTION 1991-209 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 209 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING BOB TC:D2:MM091691 September 16, 1991 Los Gatos, California COWAN FOR HIS SERVICE AS A MEMBER OF THE HISTORIC PRESERVATION COMMITTEE OF THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Carlson absent. PARKS/COMMENDATION/YEARS OF SERVICE/BILL HAYES/RESOLUTION 1991-210 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 210 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING BILL HAYES FOR 21 YEARS OF PUBLIC SERVICE TO THE TOWN OF LOS GATOS , as a Park Maintenance Worker II with the Parks, Forestry and Maintenance Services Department. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM091691 September 16, 1991 Los Gatos, California LIBRARY BOARD/COMMENDATION/ELSBETH NEWFIELD/RESOLUTION 1991-211 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 211 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ELSBETH NEWFIELD OF THE LOS GATOS PUBLIC LIBRARY BOARD. Carried by a vote of 4 ayes. Mr. Carlson absent. BLOSSOM HILL ROAD 300 TRACT 8280/FINAL TRACT MAP/VASONA HEIGHTS/RESOLUTION 1991-212 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 212 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT 8280, and authorizing execution of the contracts for public improvements. Carried by a vote of 4 ayes. Mr. Carlson absent. LEOTAR COURT 102/FENCING APPEAL/FLACH/RESOLUTION 1991-213 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 213 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION DENYING A REQUEST FOR PERMISSION TO INCREASE THE HEIGHT OF FENCING ALONG THE SIDE AND REAR PROPERTY LINES FROM SIX TO TEN FEET ON PROPERTY IN THE HR-2-½ ZONE, VARIANCE APPLICATION V-91-2, (102 LEOTAR COURT/APPELLANT: OLIVER C. AND SUSAN G. FLACH), which incorporates the Council findings and decision at its meeting of September 3, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. (VOTE REAFFIRMED 10/21/91) SANTA ROSA DRIVE 300/WOZNIAK/APPEAL/RESOLUTION 1991-214 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 214 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE AN APPLICATION TO EXPAND AN EXISTING SINGLE-FAMILY RESIDENCE IN THE HR-2-½ ZONE; ARCHITECTURE AND SITE APPLICATION S-85-22B, (300 SANTA ROSA DRIVE/OWNER: STEVE WOZNIAK APPELLANT: GERALD DAVIDSON), which incorporates the Council findings and decision at its meeting of September 3, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. (VOTE REAFFIRMED 10/21/91) HEARINGS UNIVERSITY AVE 631/JONES/APPEAL PC DECISION/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to TC:D2:MM091691 September 16, 1991 Los Gatos, California consider an appeal of a decision of the Planning Director in denying occupancy of a structure located at 631 University Ave. for office use and the finding that the proposed use is an office use for property in the LM zone. Architecture and Site Application: S-65-104A. Property: 631 University Ave. Appellant: Handel Jones. The following person from the audience spoke to this issue: Blaine Fields, 333 W. Santa Clara St., representing Mr. Jones, requested a continuance to the hearing to allow Mr. Jones to attend. Mr. Jones, due to circumstance beyond his control, was not able to attend this meeting. Mr. Fields assured the Council that Mr. Jones would be able TC:D2:MM091691 September 16, 1991 Los Gatos, California HEARINGS CONTINUED UNIVERSITY AVE. CONT. to attend the Meeting of October 7, 1991, and if that is not possible the Council may act on this issue without the presence of Mr. Jones. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this hearing to the meeting of October 7, 1991. Carried by a vote of 3 ayes. Mayor Ventura voted no for reasons stated in previous record. Mr. Carlson absent. ZONING ORDINANCE AMENDMENT/A-90-8A/FLOOR AREA RATIO Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an amendment to the Town Zoning Ordinance to replace paragraphs inadvertently deleted from recent amendments to Section 4.10.110 concerning Floor Area Ratio. This matter will not have a significant impact on the environment and is, therefore, not subject to the requirements of the California Environmental Quality Act. Zoning Ordinance Amendment A-90-8A. There was no one to speak to this issue from the audience. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council find that the Zoning Ordinance Amendment is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the proposed Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE TO AMEND THE TOWN OF LOS GATOS ZONING ORDINANCE ESTABLISHING A FLOOR AREA RATIO FOR SINGLE-FAMILY AND TWO FAMILY RESIDENCES ON LOTS SMALLER THAN 5,000 SQ. FT. IN ALL RESIDENTIAL ZONES. Carried by a vote of 4 ayes. Mr. Carlson absent. ZONING ORDINANCE AMENDMENT/A-91-5/FENCE HEIGHT Mayor Ventura stated that this was the time and place duly noted for public hearing to TC:D2:MM091691 September 16, 1991 Los Gatos, California consider an amendment to the Town Zoning Ordinance to modify provisions concerning the maximum height of fences between residential and non-residential zones, to permit gateways for residential uses under certain conditions, and to require a reduction in fence, heights at intersections. These matters will not have a significant impact on the environment and is, therefore, not subject to the requirements of the California Environmental Quality Act. Zoning Ordinance Amendment A-91-5. There was no one to speak to this issue from the audience. HEARINGS CONTINUED ZONING ORD. CONT. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council find the Zoning Ordinance Amendment consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to waive the reading of the proposed Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE PROVISION REGULATING THE HEIGHT OF FENCES. Carried by a vote of 4 ayes. Mr. Carlson absent. MINUTES OF SEPTEMBER 3, 1991 Motion by Mr. Blanton, seconded by Mrs. Benjamin, to approve the Council Minutes of September 3, 1991 as submitted. Carried by a vote of 4 ayes. Mr. Carlson absent. MINUTES OF SEPTEMBER 9, 1991 Motion by Mr. Blanton, seconded by Mrs. Benjamin, to approve the Council Minutes of September 9, 1991 as submitted. Carried by a vote of 4 ayes. Mr. Carlson absent. TRAIL/LOS GATOS CREEK TRAIL PROJECT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council 1. Approve corridor shown on Attachment 1. Corridor includes a 450 foot cantilevered section just south of the Ainsley Development property extending to the Santa Clara Valley Water District property. TC:D2:MM091691 September 16, 1991 Los Gatos, California The corridor also includes a bridge across the creek at Mullen; 2. Authorize staff to apply for additional funding from CalTrans and the State Department of Parks and Recreation; 3. Authorize staff to begin final engineering drawings for the section of the creek trail from Miles Avenue to the footbridge at Old Town; 4. Authorize staff to circulate a request for proposals for a structural engineer to provide consulting services for the bridge to be built across the creek at Mullen Avenue; 5. Authorize staff to begin right-of-way negotiations with CalTrans, Santa Clara Valley Water District, Old Town, Riviera Apartments, Los Gatos Mobile Home Park; 6. Authorize staff to use volunteers to assist in building the trail where appropriate. Carried by a vote of 4 ayes. Mr. Carlson absent. Mayor Ventura had staff assurance that if the Trail Project does not move forward on an appropriate time schedule that the Novitiate Park would be constructed quickly with the plans that Parks Commission has already approved. He also reminded Council of the neighbor's opposition to park development in the Novitiate Park whereas the Creek Trail has received local and regional support. TC:D2:MM091691 September 16, 1991 Los Gatos, California HIGHWAY 17/SOUNDWALL/FARLEY/LARK Informational item on the status of the Highway 17 Farley to Lark soundwall aesthetics was received and filed. Mayor Ventura requested staff to send staff report to attendees of study session of last week and to draft a letter to CalTrans regarding the trees involved in the soundwall construction with the mayor's signature and send a thank you note to state representatives for their support and request of them further assistance in obtaining confirmation of agreement with CalTrans. SHORT RD 16015/M-89-14/SUBDIVISION Motion by Consensus, that Council continue this item to the meeting of October 7, 1991 in order to allow the staff to notify all interested parties.Carried by a vote of 4 ayes. Mr. Carlson absent. T2010/ENVIRONMENTAL IMPACT REPORT Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council request staff to send letter to the Transportation Agency supporting the Draft Environmental Impact Report including the following two items: 1. Confirm and support and thank the committee for deleting the additional lanes on Highway 17 from Highway 9 to Lark Ave. (the original proposal was to add two to four new lanes in that stretch); 2. Support concept of long range mass transit extension of Vasona Corridor into Santa Cruz County (long range proposal rather than immediate widening of Hwy 17). Carried by a vote of 4 ayes. Mr. Carlson absent CLAIM REJECTION/THOMPSON Mr. Thompson submitted a diagramed explanation of his sewer problem and spoke of the history of the present deteriorated situation. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council confirm the rejection of the claim of M. Earl Thompson. Mrs. Benjamin questioned the staff, and asked if they wished to change their recommended action. The staff responded that they did not wish to change their recommendation. Carried by a vote of 4 ayes. Mr. Carlson absent. HAZARDOUS MATERIALS/CLEAN-UP RESPONSIBILITY/URGENCY ORDINANCE 1868 Kate Anderton, Town Attorney, stated for the record a correction to the Addendum of the Agenda for Item 26.a., to read that the proposed Ordinance is amending Section 35.060.010 of the Town Code. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the proposed Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk TC:D2:MM091691 September 16, 1991 Los Gatos, California read the Title of the proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce and adopt Urgency Ordinance 1868 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM091691 September 16, 1991 Los Gatos, California HAZARDOUS MATERIALS/CLEAN-UP RESPONSIBILITY/ORDINANCE INTRODUCTION Kate Anderton, Town Attorney, stated for the record that a correction must be made to the Addendum of the Agenda, to state that the proposed Ordinance is amending Section 35.060.010 of the Town Code. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the proposed Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS. Carried by a vote of 4 ayes. Mr. Carlson absent. HAZARDOUS MATERIALS/INVESTIGATIONS OF CONDITIONS/PUBLIC NUISANCE/URGENCY ORDINANCE 1870 Kate Anderton, Town Attorney, stated for the record a correction to the Addendum of the Agenda, Item 26.b., to delete the word "administrative." Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council waive the reading of the proposed Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce and adopt Urgency Ordinance 1870 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING INVESTIGATIONS OF CONDITIONS WHICH MAY PRESENT A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mr. Carlson absent. HAZARDOUS MATERIALS/INVESTIGATIONS OF CONDITIONS/PUBLIC NUISANCE/ORDINANCE INTRODUCTION Kate Anderton, Town Attorney, stated for the record that a correction must be made to the Addendum of the Agenda, to delete the word "administrative", and also a change in the title of the Ordinance to read "investigations of conditions which may present a public nuisance". Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council waive the reading of the proposed Draft Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft TC:D2:MM091691 September 16, 1991 Los Gatos, California Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING ADMINISTRATIVE INVESTIGATIONS OF CONDITIONS WHICH MAY PRESENT A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mr. Carlson absent. HAZARDOUS MATERIALS/PARKING LOT # 4/INVESTIGATION/ORDER Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt an order convening an investigation into the sources, causes and parties responsible for contamination at Parking Lot # 4 and issue subpoena. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM091691 September 16, 1991 Los Gatos, California ADJOURNMENT Motion by Mr. Attaway, seconded by Mrs. Benjamin, at 9:53 p.m., to adjourn to closed session. Carried by a vote of 4 ayes. Mr. Carlson absent. ATTEST: Kim Kolerus Deputy Clerk Marian V. Cosgrove Town Clerk TC:D2:MM091691 September 16, 1991 Los Gatos, California TC:D2:MM091691