Loading...
M 06-17-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 17, 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., Monday, June 17, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton (arrived at 8:17 p.m.), Eric D. Carlson (arrived at 8:10 p.m.), and Mayor Brent N. Ventura. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. ARTS COMMISSION/APPOINTMENTS Mayor Ventura announced that applications had been received for three vacancies on the Arts Commission. Voting was held and Megan Davidson, Fawn Powers, and Curtis Walton were appointed to the Art Commission. Terms of office to expire July 1, 1994. LIBRARY BOARD/APPOINTMENTS Mayor Ventura announced that applications had been received for two vacancies on the Library Board. Voting was held and William Balch and John Housley were reappointed to the Library Board. Terms of office to expire July 1, 1994. COUNCIL OF AGING COMMISSION/APPOINTMENT Mayor Ventura announced that application had been received for one vacancy for the opening on the Council On Aging. Betty Nash was appointed to fill this position. Term to expire July 1, 1994.(check expiration date) PARKING COMMISSION/READVERTISEMENT Mayor Ventura announced that no applications had been received for this commission and readvertisement for the opening would take place June 26, 1991. CLOSED SESSION TC:D1:MM061791 Katherine Anderton, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(b) to discuss Threat of Litigation regarding W. Parr Avenue. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(c), Council met to discuss Institution of Litigation regarding Parking Lot #4. There is no report from that discussion 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. TC:D1:MM061791 June 17, 1991 Los Gatos, California CLOSED SESSION CONT. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding Kang Ming Ho vs. Town of Los Gatos, et al. There is no report from that discussion at this time. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/MAY 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of May 12 through May 25, 1991, in the amount of $207,743.06 paid on May 31, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. ACCOUNTS PAYABLE/RATIFICATION/MAY 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $319,439.01 paid on May 31, and June 7, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. REVENUE ANALYSIS/MAY 1991 Informational item giving a brief analysis of revenues on a monthly basis was received and filed. RASTER FORMAT/BASE MAPS/FUND TRANSFER Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the transfer of funds from the following accounts: 010-412-8401 Engineering-Capital of $1,100; 010-410- 6135 $450 of Engineering-Supplies; 010-130-6175 $450 of Planning-Supplies. These transfer to the following accounts: 010-130-8401 $1,750 Planning-Capital; and 010-136- 3180 $250 Planning-Supplies. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. FAIRVIEW PLAZA/PARKING/RICHARDSON LETTER Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council take no action at this time regarding the parking problem on Fairview Plaza. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. GET FIT IN LOS GATOS/CHAMBER FUNCTION/JULY 19 AND 20, 1991 Informational report regarding the Los Gatos Chamber of Commerce's first annual "Get Fit in Los Gatos" to be held July 19 and 20, 1991 was received and filed. MUSEUM ASSOCIATION/FUND TRANSFER TC:D1:MM061791 June 17, 1991 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve request to disencumber $5,000 from Purchase Order 10650 (6-22-90) to increase the current budget in Account 010-790-6151. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. CONGREGATE CARE/AB 531 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council direct staff to write our State representatives expressing opposition to AB 531. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. TC:D1:MM061791 June 17, 1991 Los Gatos, California COMMUNITY SERVICES COMMISSION/COMMENDATION/DINAH PATTERSON RESOLUTION 1991-133 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DINAH PATTERSON OF THE LOS GATOS COMMUNITY SERVICES COMMISSION. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. HANDICAPPED ACCESSIBILITY/RESIDENTIAL & NON-RESIDENTIAL Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this item to July 15, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. PARR AVE W 634/HOUSING DEVELOPMENT/RESOLUTION 1991-134 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 134 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO AN AGREEMENT WITH MID-PENINSULA HOUSING COALITION AND WEST VALLEY OPEN DOORS FOR THE PROVISIONS OF A LOW INCOME HOUSING PROJECT AUTHORIZED IN RESOLUTION 1990-248, TO CHANGE SITE TO 634 W. PARR AVENUE. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. BUDGET/1991-92 FISCAL OPERATING/RESOLUTION 1991-135 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 135 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 1991-92 OPERATING BUDGET, which incorporates the recommendations from the Library Board. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. SOCIAL SECURITY/MANDATORY REGULATIONS Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council direct staff to implement the new Federal Insurance Contributions Act (FICA) regulations for part-time/temporary employees by developing an alternative to Social Security using the 457 Deferred Compensation Program; deducting appropriate FICA contributions from affected employees and send along with the Town's contribution to FICA until the appropriate plan is IRS approved; present a progress report at the August 19, 1991 Town Council meeting. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. IDENTIFICATION SYSTEM/CAL-ID/POLICE DEPT/RESOLUTION 1991-136 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- TC:D1:MM061791 June 17, 1991 Los Gatos, California 136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE THIRD AND ALL SUBSEQUENT AMENDMENTS TO THE AGREEMENT WITH SANTA CLARA COUNTY AND THE INCORPORATED CITIES TO PROVIDE LOS GATOS LAW ENFORCEMENT WITH ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM, SUBJECT TO COUNCIL APPROVAL OF THE POLICE DEPARTMENT BUDGET EACH FISCAL YEAR. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. TC:D1:MM061791 June 17, 1991 Los Gatos, California PARKING/EDELEN DISTRICT/GRAYS LANE/RESOLUTION 1991-137 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONVERTING THREE UNLIMITED PARKING SPACES TO THE EDELEN PREFERENTIAL PARKING DISTRICT (GRAYS LANE). Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. MEETINGS/TOWN COUNCIL/ORDINANCE 1858 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1858 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, SECTION 2-1 OF THE TOWN CODE ESTABLISHING TOWN COUNCIL MEETINGS, which was introduced at the Council meeting of June 3, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. VERBAL COMMUNICATIONS Martin Jacobson, 16291 Roseleaf Lane, Los Gatos wondered if Council had given consideration to the idea of having a Farmer's Market in Los Gatos and if not could they give it some thought. HEARINGS LIVE ENTERTAINMENT/ZONING ORDINANCE AMENDMENT/A-90-10 Mayor Ventura stated that this was the time and place duly noted for public hearing to consider adoption of resolution and introduction of ordinance for zoning ordinance Amendment A-90-10 to the Los Gatos Zoning Ordinance permitting dancing and/or live entertainment establishments in various zones with a Conditional Use Permit. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council continue this hearing to July 15, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. SOLID WASTE MANAGEMENT RATES Mayor Ventura stated that this was the time and place duly noted for public hearing to consider the Solid Waste Management Rates and adoption of resolution. The following people from the audience spoke to this issue: Mary Lee Flynn, 209 Nob Hill Way, spoke of her concern of the use of all plastic and paper bags specifically at stores. Felt the rate increases were out of line. Roberta Blake, 17155 Pine Avenue, asked the Council about Yard Waste program, and if it was a mandatory program. William Winter, 115 Calle Estoria, stated that he recycled his own aluminum cans and his TC:D1:MM061791 June 17, 1991 Los Gatos, California own paper through Boy Scout paper bins located in Los Gatos. Says that oil is no longer picked up by Green Valley Disposal. Gerard Wen, representative from Green Valley responded to Mr. Winter's comment by saying, that they have been picking up oil since the program began. He stated oil should be contained in plastic 1 gallon opaque containers with caps. Oil jugs are available for each household. He stated that Los Gatos has one of the most comprehensive Curbside recycling programs in the United States. TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. SOLID WASTE CONT. Eloise Lynder, 312 Harding, wondered if there was any competitive bidding or did the Town automatically take Green Valley Disposal. Toni Blackstock, Community Services Commission, stated that Community Services Commission did establish a sub-committee on recycling and the first order of business was to look at the Curbside Recycling Program. The consensus of the Committee was that the Program had been very successful. An open meeting was held by the Committee that was open to the public regarding the three items to be added to the pickup, and they were in agreement that the Cardboard Recycling program. They were split regarding the HDPE plastic recycling, some felt there may be other options. Regarding the YardWaste collection the consensus was in favor. John Snellum, 247 Old Adobe Road, stated that he has practiced recycling for many years. He feels that the contract with Green Valley is unsatisfactory. Feels YardWaste collection program is premature. Richard Gaines, 340 Johnson Avenue, does not agree with the new recycling programs, feels the costs outweigh the gains. Feels everyone should recycle on their own. Also feels that all plastic containers should be eliminated. Does not want the YardWaste program implemented. Dr. Irvin Beebe, 16201 Camino Del Sol, discussed disposal of paper diapers. Bob Schafer, 14961 Los Gatos Boulevard, wondered what percentage of people would use the service. Helen Bradley, Topping Way, read that if the Town does not adopt these programs that the Town will be fined after a certain year. Martin Jacobson, 16291 Roseleaf Lane, asked if charge could be a "per user" charge instead of a per household charge. Mr. McKeon, 116 Cerra Linda, asked if any consideration been given to condominium owners. Would they have to pay extra, beyond their homeowners association dues. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Blanton unable to vote due to missing start of public hearing. Motion by Mr. Carlson, seconded by Mr. Blanton, to continue the public hearing to July 15, 1991. Carried unanimously. TC:D1:MM061791 June 17, 1991 Los Gatos, California ANNEXATION/LOS GATOS BOULEVARD #12/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider protests concerning the annexation of inhabited territory to the Town of Los Gatos known as Los Gatos Boulevard No. 12. The following people in the audience spoke to this issue: Jim Houts, 16213 Camino del Sol, stated he saw no great advantage to being annexed. His main concern was being left in the Campbell Union School District. TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. LOS GATOS BLVD. #12 CONT. Gene Gonzolas, 15610 Palos Verdes Drive, Monte Sereno, owns the property at 14801 Los Gatos Boulevard and 16185 Burton Road. He recommended to Council that they continue Los Gatos Boulevard where Highway 85 is proposed. Bessie Finley, 16235 Camino del Sol, stated that she objects to the annexation. She disagrees with some of the Town's rules and asked about the due date for protest forms. Bill Mattes, 16210 Burton Road, owns and rents 16240 Burton Road. He spoke on behalf of his aunt who lives 14831 Los Gatos Boulevard. He had a concern about the map and doesn't see any advantage to being annexed. Dr. Irvin J. Beebe, 16201 Camino del Sol, spoke in opposition to the annexation. Helen Badrick, 16594 Topping Way, asked questions about the protest forms. No one else from the audience addressed this issue. Motion by Mr. Carlson, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to set Monday July 1, 1991 as the day that the final action will be taken regarding the annexation. Carried unanimously. ANNEXATION/BLOSSOM HILL MANOR #5/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider protests concerning the annexation of inhabited territory to the Town of Los Gatos known as Blossom Hill Manor No. 5. The following people in the audience spoke to this issue: Donald Davis, 15798 El Gato Lane, asked why the two Blossom Hill Manor sections were separated. He spoke in opposition to the annexation. John Gravon, 15555 El Gato Lane, stated that he was very disappointed with the annexation process. John Doe spoke out against the annexation. He also stated he disagreed with the process. John Vojnik, 15558 Linda Avenue, stated he was against the annexation due to losing control of his property. Bill Winter, 115 Calle Estoria, stated he would like to get out of the town and spoke in opposition to the annexation. Carter Lake, 15720 Linda Avenue, spoke in favor of the annexation. He feels that being in the Town would be beneficial. TC:D1:MM061791 June 17, 1991 Los Gatos, California Delores Evensen, 16030 Escobar Avenue, stated that she liked the way things were as they stand and doesn't want to be annexed. William Langley, 15900 Escobar Avenue, asked about requirements for building and other regulations. Gene Signor, 16354 E. La Chiquita, wanted clarification of the government code. He also questioned which date is used, the noticing date or the publication date. No one else from the audience addressed this issue. TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. BLOSSOM HILL MANOR #5 CONT. Motion by Mr. Blanton, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to set July 1, 1991 as the date to adopt the resolution making a finding of the value of protests filed. Carried unanimously. WOODED VIEW DRIVE/SUBDIVISION/WUCHER AND ROSE/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to deny approval of a five-lot subdivision of 19.1 acres of property in the HR-2½ zone. Subdivision Application M-73-15D. Negative Declaration ND-90-2. Property Located at Wooded View Drive. Property Owners Joe Wucher and Terry Rose. The following people from the audience spoke to this issue: Joe Wucher, 18 Barcelona Circle, Redwood City, the appellant, spoke on the Wooded View water system. He also spoke about the water in terms of fighting fires and the alternate access road. Gene Zambetti, Zambetti and Associates, 14510 Big Basin Way, Saratoga, spoke about the Hillside Specific Plan. If Council let this happen the five homes would have inadequate fire protection. He asked Council to deny this appeal. Rosemary Albrecht, 225 Wooded View Drive, asked for information about the appeal. Charles Hackett, 15400 Suview Drive, asked Council to deny the appeal. He discussed the water situation. Dave Smith, 15284 Suview Drive, discussed the water issue for this project. David Bridenthal, 210 Wooded View Drive, spoke on the inadequacy of the water system for fire protection. Mike Sheehy, Engineer with Ruth and Going, spoke on behalf of Mr. Rose and Mr. Wusher. He spoke about the Santa Rosa Heights water tank. He said that Central Fire District has accepted the solution that is being proposed. No one else from the audience addressed this issue. Motion by Mr. Attaway, second by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, second by Mr. Carlson, to uphold the Planning Commission decision and deny the subdivision application. Carried with a vote of 4 ayes. Mr. Blanton TC:D1:MM061791 June 17, 1991 Los Gatos, California voting no, he would like to send it back to the Design Review Committee. HOLLYWOOD AVE. 220/APPEAL/LUTTUNICH/HEARING Motion by Mr. Blanton, seconded by Mr. Carlson, to continue this item to June 24, 1991. Carried unanimously. After some discussion Motion withdrawn. TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. LOS GATOS THEATER/SANTA CRUZ AVE N 41/CORMACK/HEARING CONDITIONAL USE PERMIT Mayor Ventura stated that this was the time and place duly noted for public hearing to consider a request for permission to reinstate a conditional use permit for an existing theatre which has been closed since the October 1989 Loma Prieta Earthquake. Property is in the C-2 zone and located at 41 North Santa Cruz Avenue. Conditional Use Permit Application EU-79-5A. Property Owner Carmel Cormack. The following people from the audience spoke to this issue: Carmel Cormack, 41 N. Santa Cruz Avenue, requested that her license for the theater be reinstated. Rick Melsick, 340 Bella Vista, supports getting the theater back in business and also addressed the issue of projection equipment. No one else from the audience addressed this issue. Motion by Mr Blanton, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to remand this issue to the Earthquake Restoration Committee to consider type of movies to be shown in theatre; conditions of operation; use of best possible projection and sound systems; exterior appearance preservation including consideration of the marquee. Carried unanimously. MAIN STREET W 131/HISTORIC COMMERCIAL BUILDING/SCOTT/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider request for approval of a change of use on the second floor from office to residential condominiums in an earthquake damaged historic commercial building in the C-2- LHP zone. Conditional Use Permit Application EU-91-9. Architecture and Site Application ES-90-23A. Property located at 131 West Main Street. Property Owner Dr. Philip Scott. Application Ian Macrae. The following people from the audience spoke to this issue: Ian Macrae, 10 Jackson Street, Suite 103, answered questions brought up by Council. He stated that he was encouraged by the staff reports that he had seen. John Lien, 196 College, Architect for the development explained the proposal for the project. Ardith Sams, 522 Newville Drive, recommended checking the Library for good research TC:D1:MM061791 June 17, 1991 Los Gatos, California photographs of the West Main Street area. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. MAIN STREET W 131/CONT. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to waive open space, parking and handicapped accessibility standards. Carries unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the Conditional Use Permit Application subject to the Commission's recommended Earthquake Restoration standards only and making the findings as listed under the Conclusion of the staff report submitted for this meeting. Carried by a vote of 4 ayes. Mr. Attaway voted no. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to remand this issue to the Earthquake Restoration Committee to compose appropriate documentation for site and architecture approval. Carried unanimously. CENTRAL BUSINESS DISTRICT/URGENCY INTERIM ZONING ORDINANCE 1859/ EXTENSION OF ORDINANCE 1834/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider adoption of an Ordinance extending Ordinance 1834, An Urgency Interim Zoning Ordinance amending the Zoning Ordinance concerning new office uses in the Central Business District. There was no one from the audience wishing to address this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to find the extension of Ordinance 1834 is necessary to protect the public health, safety and welfare as set forth in Section 1 of the Draft Ordinance. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to waive the reading. Carried unanimously. The Town Clerk read the title of the Draft Ordinance. Motion by Mr. Carlson, seconded by Mr. Attaway, that Council introduce and adopt Urgency Ordinance 1859 entitled, URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1834 WHICH TEMPORARILY AMENDS THE ZONING ORDINANCE CONCERNING OFFICE DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT, which will be effective until June 18, 1992. Carried unanimously. TC:D1:MM061791 June 17, 1991 Los Gatos, California HOLLYWOOD AVENUE 220/APPEAL/LETTUNICH/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider appeal of decision of the Planning Commission granting approval to modify existing approvals granted to construct a singe-family dwelling to replace the one damaged in the earthquake on property in the R-1:10,000 zone. The requested modifications included adding habitable space in the basement and on the second and third floors. The appellant is also requesting modification of the condition of approval regarding the color of the house. The commission TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. HOLLYWOOD AVE CONT. denied modifications to the second and third floors. Architecture and Site Application S-89- 71C. Property Located at 220 Hollywood Ave. Property Owner Martin Lettunich. The following person from the audience spoke to this issue: Martin Lettunich, 220 Hollywood Avenue, stated that he felt he should be able to improve on the interior spaces in his home, that the Staff had already recommended he be allowed to do so. The other issue is color. No one had mentioned color restrictions prior to the notice informing him of the hillside ordinance regarding color. Feels his paint color falls within the guidelines of the Town. There was no one else in the audience wishing to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to deny the appeal with condition that the applicant agree to a landscape maintenance agreement. Carried unanimously. PAST MIDNIGHT/COUNCIL MOTION Motion by Mr. Attaway, seconded by Mr. Blanton, to continue the meeting past 12 o'clock midnight. Carried unanimously. MINUTES OF JUNE 3, 1991 Motion by Mr. Carlson, seconded by Mr. Attaway, to continue the approval of the Council Minutes of June 3, 1991 to July 1, 1991. Carried unanimously. LIBRARY CLASSIFICATION STUDY Motion by Mr. Carlson, seconded by Mr. Attaway, to continue the approval of the report on Library Classifcation Study to July 1, 1991. Carried unanimously. PARR AVE W 634/HOUSING DEVELOPMENT/ZONE CHANGE Council's consideration of a change of zone to permit the construction of a 68 unit multiply family development, day care facility, the relocation of the rear property line, and demolition of an existing single family residence. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to continue this item to June 24, 1991 and return with a report on the feasibility of total access from Dardinelli. Carried unanimously. TC:D1:MM061791 June 17, 1991 Los Gatos, California Motion by Mr. Carlson, seconded by Mrs. Benjamin, to reduce the number of unit from 68 to 64 in order to provide the maximum parking per unit possible and to further mitigate the traffic impact. Carried with a vote of 3 ayes. Mayor Ventura and Mr. Blanton voting no because the four extra units are more important than the extra parking. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that a traffic report be provided for the June 24th meeting. Carried unanimously. TC:D1:MM061791 June 17, 1991 Los Gatos, California HEARINGS CONT. PARR AVE CONT Motion by Mr. Carlson, seconded by Mrs. Benjamin, to use traffic mitigation fees for improvement of pedestrian safety features on Dardinelli Lane. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to have staff discuss with Campbell mitigation measures that may be feasible regarding traffic restrictions on West Parr. Carried unanimously. SMOKING ORDINANCE/INTRODUCTION/AMENDMENT Council's consideration and introduction of an ordinance amending the Town Smoking Ordinance. The following people from the audience addressed Council on this issue: David Weissman, 15431 Francis Oaks Way, suggested some changes in the wording on the proposed ordinance. He also supported the elimination of cigarette vending machines. Brad Honholt, 102 S. Santa Cruz Avenue, spoke as a representative for the Chamber of Commerce. He stated that Chamber's findings were that business in Los Gatos should not suffer because of this ordinance. L.D. Hirschklau, 17421 Farley Road, representing the High School District, commended the Council and urged them to pass the proposed ordinance. She asked Council to consider banning vending machines. Margo Leathers, representing the American Lung Association of Santa Clara and San Benito Counties, stated that public health is the main concern. She urged Council to adopt this ordinance and commented on the wording. Ardith Sams, recommended that this ordinance apply to all public buildings. Ed Raether, 204 Los Gatos Boulevard, stated that he supported this ordinance. No one else in the audience addressed this issue. Consensus motion by Mr. Blanton, seconded by Mr. Carlson, to add vending machines to the ordinance. Consensus motion by Mr. Carlson, seconded by Mrs. Benjamin, two-thirds of the rooms in hotels and motels to be designated non-smoking. Consensus motion by Mr. Blanton, seconded by Mr. Carlson, to designate seating for those non smokers who do not want to be in direct contact with the cigarette smoke in closed banquet and conference rooms. TC:D1:MM061791 June 17, 1991 Los Gatos, California Consensus motion by Mr. Blanton, seconded by Mr. Carlson, to maintain physically sperate, separately ventilated, non-smoking area of at least two-thirds of the seating capacity in eating areas. Consensus motion by Mayor Ventura, seconded by Mr. Carlson, to have staff review civil penalties that may be associated with this ordinance. TC:D1:MM061791 June 17, 1991 Los Gatos, California SMOKING ORDINANCE CONT. Consensus motion by Mr. Blanton, seconded by Mr. Carlson, to include all outside seating areas related to a performance. Consensus motion by Mr. Blanton, seconded by Mr. Carlson, to include all formal indoor and outdoor eating areas. Consensus motion by Mr. Blanton, seconded by Mr. Carlson, to return this Draft Ordinance, with changes, (including no smoking in bars,) to the Chamber of Commerce for review and comment, and return this Item to the Council on July 15, 1991. EARTHQUAKE RESTORATION PROGRAM Council's consideration of a report regarding expiration of Earthquake Restoration Program. Motion by Mrs. Benjamin, seconded by Mr. Blanton, if application was made for a building permit either through CALDAP in Community Services, or through the Town's regular processes, for residential buildings by December 31, 1991, then no fees will be assessed. Carries with a vote of 4 ayes. Mayor Ventura abstained due to possible conflict of interest. Consensus motion by Mrs. Benjamin, seconded by Mr. Blanton, that the Attorney will look at the baseball fund to see how it can be used to offset the expenses incurred by the Town due to the waiver of fees that have been allowed due to the earthquake of 1989. Motion by Mrs. Benjamin, seconded by Mr. Blanton, if application was made for a building permit either through CALDAP in Community Services, or through the Town's regular processes, for commercial buildings by December 31, 1991, then no fees will be assessed. Carried unanimously. PARK COMMISSION/RECOGNITION/ROBERT J. BRYANT Motion by Mrs. Benjamin, seconded by Mr. Attaway, to name the Service Center after Robert J. Bryant in recognition of his years of service to the Town. Carried unanimously. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. ADJOURN TO 6/24/91 Motion by Mrs. Benjamin, seconded by Mr. Blanton, to adjourn the meeting at 1:45 a.m. to June 24, 1991. Carried unanimously. TC:D1:MM061791 June 17, 1991 Los Gatos, California ATTEST: Mariellen B. Furia Deputy Town Clerk TC:D1:MM061791