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M 10-21-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 21, 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 7:43 p.m., Monday, October 21, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson and Mayor Brent N. Ventura. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. AAA/PEDESTRIAN PROTECTION PROGRAM AWARD/PRESENTATION Mayor Ventura received the Pedestrian Protection Program Award and a verbal presentation from Robert Alcala, Manager of the Los Gatos branch of AAA, and thanked him for the honor given to the Town. The Mayor also recognized the Los Gatos Police Department's efforts in making this award possible for the Town. COMMENDATION/TOWN EMPLOYEE/CHARLES ADAMS Mayor Ventura presented a commendation to Charles Adams for twenty years of service to the Town. Mr. Adams thanked the Town for this recognition of his service. COMMENDATION/PARKING COMMISSION/JOE WHITE Mayor Ventura presented a commendation to Joe White for his service to the Town while serving on the Town's Parking Commission. Mr. White accepted his commendation with thanks. CONTRACTUAL CUSTODIAL SERVICES/BID AWARD Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council award bid for Contractual Custodial Services to the low bidder, Falcon Building Maintenance, net bid of $4,980.00 per month, and authorize Town Manager to execute agreement with Falcon Building Maintenance. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. TC:D2:MM102191 COUNTY REFERRALS Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve recommendation in the County Referral Report as follows: A) Projects Outside Urban Service Area: 275-31- 38-83P, 23291 Summit Rd., Wieser, request renewal of use permit, recommend approval: B) Projects Inside Urban Service Area: 5030-32-54-915P; 15701 Loma Vista Ave., Howell, requests special permit, recommend denial: 4893-36-51-91B, 14045 Shannon Road, Hamilton, requests building site, recommend approval with conditions. Carried by a vote of 4 ayes. Mr. Carlson abstained. TC:D2:MM102191 October 21, 1991 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL/RATIFICATION/OCTOBER 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of September 15 through 28 in the amount of $205,736.83 paid on October 4, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $531,777.46 paid on October 4 and 11, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. CLEAN UP/RECYCLING CAMPAIGN/CHAMBER OF COMMERCE/TOWN PLAZA Informational item received and filed. CHILDREN'S CHRISTMAS-HOLIDAY PARADE/DECEMBER 7, 1991 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the request of the Los Gatos Chamber of Commerce and the Los Gatos Lions Club to hold the 35th Annual Children's Christmas-Holiday Parade on Saturday, December 7, 1991, and that Council approve the expenditure of approximately $9,534.40 in staffing costs in support of this community event as based on established precedent. Carried by a vote of 4 ayes. Mr. Carlson abstained. THE GREAT RACE/SARATOGA-LOS GATOS/FEBRUARY 9, 1992 Informational item received and filed. 8805 PROJECT/LOT 4/REMEDIATION/CONSULTANT'S WORK Motion by Mr. Blanton, seconded by Mr. Attaway, that this item be continued to a later date. HEINTZ PROPERTY/LAND CONSERVATION CONTRACT Informational item received and filed. CLAIM REJECTION/JOHN FUNG Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reject the claim of John TC:D2:MM102191 October 21, 1991 Los Gatos, California Fung filed with the Town Clerk on September 11, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. LEOTAR CRT 102/FLACH/APPEAL/RESOLUTION 1991-213 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reconsider the vote and 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, TC:D2:MM102191 October 21, 1991 Los Gatos, California LEOTAR CRT CONTINUED VARIANCE APPLICATION V-91-2, (102 LEOTAR COURT/APPELLANT: OLIVER C. AND SUSAN G. FLACH), regarding the findings and decision after the September 3, 1991 public hearing on an appeal related to 102 Leotar Court. Carried by a vote of 3 ayes. Mayor Ventura and Mr. Carlson abstained. SANTA ROSA DRIVE 300/WOZNIAK/APPEAL/RESOLUTION 1991-214 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reconsider the vote and 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), regarding the findings and decision after the September 3, 1991 public hearing on an appeal related to 300 Santa Rosa Drive. Carried by a vote of 3 ayes. Mayor Ventura and Mr. Carlson abstained. LEGAL PUBLICATIONS/AGREEMENT/LOS GATOS WEEKLY-TIMES RESOLUTION 1991-226 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 226 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT BETWEEN THE TOWN AND THE LOS GATOS WEEKLY-TIMES NEWSPAPER FOR LEGAL ADVERTISING FROM NOVEMBER 1, 1991 THROUGH OCTOBER 31, 1992. Carried by a vote of 4 ayes. Mr. Carlson abstained. NEIGHBORHOOD CENTER/POLICIES &PROCEDURES/RESOLUTION 1991-227 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 227 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER. Carried by a vote of 4 ayes. Mr. Carlson abstained. SPARK FOUNDATION/RESIDENTIAL REHABILITATION/CBDG/RESOLUTION 1991-228 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 228 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A HOUSING REHABILITATION GRANT TO SPARK FOUNDATION, INC. AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A STANDARD COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE SPARK FOUNDATION. Carried by a vote of 4 ayes. Mr. Carlson abstained. BMP PROGRAM/COMMUNITY HOUSING DEVELOPERS/AGREEMENT RESOLUTION 1991-229 TC:D2:MM102191 October 21, 1991 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 229 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH COMMUNITY HOUSING DEVELOPERS FOR IMPLEMENTATION OF THE BELOW MARKET PRICE HOUSING PROGRAM. Carried by a vote of 4 ayes. Mr. Carlson abstained. TC:D2:MM102191 October 21, 1991 Los Gatos, California HANDICAPPED ACCESSIBILITY/LOS GATOS HIGH SCHOOL Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this item to November 18, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. HANDICAPPED STANDARDS/RESOLUTION 1991-230 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 230 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REGARDING ENHANCED LIVABILITY FEATURES. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin abstained. DEFERRED COMPENSATION PLAN/GREAT WESTERN/ADMINISTRATIVE CONTRACT RESOLUTION 1991-231 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 231 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A CONTRACT WITH GREAT WESTERN BANK FOR ADMINISTRATION OF TOWN DEFERRED COMPENSATION PLAN. Carried by a vote of 4 ayes. Mr. Carlson abstained. FIESTA WAY 17/PROMISSORY NOTE/DEED OF TRUST This item was pulled from the agenda and will be brought forward at a later date. OAK MEADOW PARK/STORM DRAIN EASEMENT/GUADALUPE RUBBISH DISPOSAL UNIVERSITY AVE 718/RESOLUTION 1991-232 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 232 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE A STORM DRAINAGE EASEMENT THROUGH OAK MEADOW PARK (113 BLOSSOM HILL ROAD). Carried by a vote of 4 ayes. Mr. Carlson abstained. PLAN CHECK SERVICES/CIVIL ENGINEERING CONSULTANTS/RESOLUTION 1991-233 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 233 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENT FOR MAP AND IMPROVEMENT PLAN CHECKING SERVICES. Carried by a vote of 4 ayes. Mr. Carlson abstained. SHORT ROAD 16015/SANDERS/SUBDIVISION/APPEAL/RESOLUTION 1991-234 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 234 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE ON E LOT INTO THREE LOTS ON 67,281 SQ. FT. OF PROPERTY IN THE R-1:20,000 ZONE; SUBDIVISION APPLICATION M-89-14. Carried by a vote of TC:D2:MM102191 October 21, 1991 Los Gatos, California 2 ayes. Mayor Ventura, Mr. Carlson, and Mrs. Benjamin abstained. ELLENWOOD AVE 54/RESIDENTIAL ADDITION/HORAN/APPEAL/RESOLUTION 1991-235 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 235 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING PLANS FOR A SECOND STORY ADDITION TO AN EXISTING RESIDENCE ON PROPERTY IN THE R-1:8000 TC:D2:MM102191 October 21, 1991 Los Gatos, California ELLENWOOD AVE CONTINUED ZONE; SECOND STORY ADDITION APPLICATION X-91-8, and making reference to the corrected resolution appearing as a desk item in regards to the above-referenced subject matter. Carried by a vote of 4 ayes. Mr. Carlson abstained. WHITNEY AVE 110/RESIDENTIAL/AFSARI/APPEAL/RESOLUTION 1991-236 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-236 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION FOR MODIFICATIONS AND FURTHER CONSIDERATION OF A REQUEST FOR APPROVAL OF PLANS TO DEMOLISH AN EXISTING SINGLE- FAMILY RESIDENCE ON PROPERTY IN THE R-1:10,000 ZONE. ARCHITECTURE AND SITE APPLICATION S-91-9. Carried by a vote of 4 ayes. Mr. Carlson abstained. HAZARDOUS MATERIALS/DEFINITION/SECTION 35.020.005/ORDINANCE 1874 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1874 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 35, ARTICLE II, SECTION 35.020.0065 OF THE TOWN CODE ESTABLISHING HAZARDOUS MATERIALS REGULATIONS, which was introduced at the Town Council meeting of October 7, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. BUILDING REGULATIONS/CHAPTER 7/TOWN CODE/ORDINANCE 1875 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1875 entitled, ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ARTICLE I SECTIONS 7.01.010, 7.010.015, 7.010.020, 7.01.025, 7.01.030, 7.01.035, ARTICLE II SECTIONS 7.02.015, 7.02.020, ARTICLE IV SECTION 7.04.020, 7.04.025, ARTICLE VII SECTIONS 7.07.015, 7.07.020 ARTICLE VIII SECTIONS 7.08.015, 7.08.020, ARTICLE IX SECTIONS 7.09.015 AMENDING ARTICLE II SECTION 7.02.010, ARTICLE IV SECTION 7.04.010, ARTICLE VII SECTION 7.07.010, ARTICLE IV SECTION 7.08.010 ADDING ARTICLE I SECTION 7.01.010 CHAPTER 7 OF THE CODE OF THE TOWN OF LOS GATOS RELATED TO BUILDING REGULATIONS, which was introduced at the Town Council meeting of October 7, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. VERBAL COMMUNICATIONS Joe Bartlett, 166 Oak Hill Way, spoke to the council about potential fire hazards from brush and overhanging trees particularly in regard to the canyons in the Los Gatos foothills. TC:D2:MM102191 October 21, 1991 Los Gatos, California Council consensus that staff look into fire mitigation methods such as weed abatement, tree pruning, roof standards, landscaping locations and materials, and broaden the outlook on fire prevention. TC:D2:MM102191 October 21, 1991 Los Gatos, California PUBLIC HEARINGS UNIVERSITY AVENUE 631/APPEAL/HANDEL JONES/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider an appeal of a decision of the Planning Commission decision to deny occupancy of a structure for office use and the finding that the proposed use is an office use for property in the LM zone. Property located at 631 University Avenue. Appellant: Handel Jones. Architecture and Site Application S-65-104A. Mr. Carlson stated that he had listened to previous tapes regarding this issue and is entitled to vote. The following people addressed Council concerning this issue: Blaine L. Fields, 333 W. Santa Clara Street, San Jose, readdressed the issues involving the disputed use of the building in question, still appealing to Council that this is a retail sales business. Handel Jones, business owner, described the business' sales tax payment process. There was no one else from the audience to address Council regarding this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council grant the appeal finding that the Planning Commisssion erred in declaring this operation "office use" and not understand that there was further use as in the actual publication and binding of the materials to be sold at the site, also finding that production of documentation is indeed a manufacturing business. Carried by a vote of 4 ayes. Mayor Ventura voted no, feeling that the intent of the zone should be upheld in trying to keep small, neighborhood, resident serving businesses in Town and restricting the proliferation of office use. SANTA CRUZ AVE S 20/CHEVY'S RESTAURANT/APPEAL/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider an appeal of the Planning Commission denying a request for permission to operate a full service restaurant with a separate bar, outdoor seating, and the unlimited sale of alcoholic beverages for consumption on the premises and exterior modifications on property in the C-2 zone. Conditional Use Permit Application U-85-2B and Architecture and Site Application S- 91-43 for property located at 20 South Santa Cruz Avenue (Chevy's Restaurant). TC:D2:MM102191 October 21, 1991 Los Gatos, California Applicant/Appellant:Chevy's Incorporated. Property Owner: SIMCO VI Partners, et al. Town Attorney, Kate Anderton, expressed the opinion that Mayor Ventura lived a sufficient distance from this project as to not cause a conflict of interest and to permit him to vote. TC:D2:MM102191 October 21, 1991 Los Gatos, California PUBLIC HEARINGS CONT. SANTA CRUZ AVE CONT. The following people addressed this issue: Harry Gorsky, owner of Lyndon Plaza, asked Council's consideration on Chevy's proposal to operate downtown. Ernest Jorn, representing Chevy's Mexican Restaurant, 1205 Melville Sq., #210, Richmond, addressed the process taken by the business in obtaining permission to operate the restaurant in Town, also suggesting that employees would use off site paid parking and that many clientele will come by foot thereby decreasing the number of spaces required for parking. Penny Avonovich, owner of Larriano's, 160 W. Main, is concerned about parking allocations for the number of seats proposed. Rick Melchick, 340 Bella Vista, feels that the intensity of use will be too great for downtown and that it should consider a location on Los Gatos Boulevard. Jim Bologna, 617 Vasona, business in Lyndon Plaza, feels that a great deal of Chevy's business will come from foot traffic which will alter the parking allocation numbers. George Chung, 4821 Fiesta Lakes Dr., Nevada, commutes from business to home on weekends, owner of Karate Academy in Lyndon Plaza, is in favor of Chevy's coming to the Plaza and uplifting the image of the downtown hub. Judy Germand, 30 Broadway, concerned about traffic, density of restaurants in a one block radius, and parking. Jean McNamara, 101 Broadway, concerns regarding noise, awnings, neon signs and intersection safety. Cindy Patallia, 312 W. Main, lifelong resident, is looking forward to an affordable family restaurant going in her neighborhood. Larry Williams, 47 Broadway, is concerned about the parking conditions in the area and does not want to see additional impact on the neighborhood. There was no one else from the audience to address the Council on 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, that Council return this proposal to the Planning Commission with instructions to work out a compromise with Chevy's and Lyndon Plaza in regards to seating being at 174 or less, and parking not to exceed that which is available within the parking district; adequate control of the parking lot be established; the patio being supervised adequately addressing concerns of the police chief; patrons to be informed clearly as to where legal parking can be found; extended permit parking to be TC:D2:MM102191 October 21, 1991 Los Gatos, California investigated for Broadway and other adjacent neighborhoods; landscaping plan to be reviewed for adequacy; employee parking be established a distance from the establishment; hours be consistent with restaurant hours and that the bar and restaurant operate on contiguous hours; Planning Commission to hear any additional neighborhood concerns. Mr. Carlson revised and amended his original motion, Mr. Attaway continued to support. Carried unanimously. Planning Director, Lee Bowman, stated that the earliest date for this item to be heard would be December 11, 1991. The hearing will be noticed by mail. PUBLIC HEARINGS CONT. ANNEXATION FEES/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider the review of fees for annexations to the Town of Los Gatos. The following person addressed Council regarding this issue: John Bornich, 15558 Linda Ave., asked who would be paying the costs of the upcoming election on annexation. He was told that Town covers the costs. There was no one else to address this issue. Motion by Mr. Carlson, seconded by Mr. Blanton, that Council continue this item to November 18, 1991. Carried unanimously. MASSOL AVE 141/MARTIN/APPEAL/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 denying plans for the expansion of a single-family residence and relocation of a secondary dwelling unit on property in the R-1D-LHP zone. Property located at 141 Massol Avenue. Architecture and Site Application S-91-55. Property Owners, Bill and Sharon Martin. Applicant, Tony Jeans. The following people from the audience spoke to this issue: Tony Jeans, 170 Stacia St., outlined the proposal and asked for Council's consideration in granting the appeal. Rick Coffman, 134 Massol, spoke in support of this project. Bill Martin, property owner, would like to add bedroom and family room for expanded family. Neighbor, strongly stated his support for the proposal. No one else from the audience wished to speak to the Council on this issue. TC:D2:MM102191 October 21, 1991 Los Gatos, California Motion by Mr. Carlson, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to grant the appeal based on the following reasons: there was no significant neighborhood opposition and in fact there was overwhelming support from the neighborhood; the second story addition is modest and compatible with the neighborhood; the project preserves the secondary unit as was the intent of the secondary ordinance; procedural error of the Planning Commission due to attendance and lack of continuance; this motion to include the amendment that the owners provide an additional off street parking place for their tenant. Carried unanimously. SMOKING IN PUBLIC PLACES/CIGARETTE & TOBACCO VENDING MACHINES CONSIDERATION FOR ADOPTION OF TWO ORDINANCES Mayor Ventura stated that this was the time and the place for the discussion of the proposed Smoking Ordinances. He stated that this was not a public hearing, but since the Council felt it was important to hear from the public he would allow a spokesperson from each viewpoint to make a brief statement. TC:D2:MM102191 October 21, 1991 Los Gatos, California SMOKING ORDINANCES CONT. Town Attorney, Kate Anderton, expressed the view that Mr. Carlson would be unable to vote at this evening's meeting due to previous absence and not having the tapes of the meeting to review. The following people addressed Council: Mr. Olson, spoke representing the Chamber of Commerce and Restaurants, stating that the business community was working together to make this legislation a positive impact on the Town, their request is to have some time for implementation of the ordinance and to work out the details of adequate announcement to patrons and time for installation of equipment for ventilation and building additions. A committee could have time to work with neighboring communities to implement similar legislation. David Weissman, Francis Oaks Way, representing proponents of the smoking ordinance asked for an amendment to the ordinance under the definition of an eating establishment bar; change on page 2, subsection A, b. 3. "the bar is physically separated and separately ventilated."; There is recognition of the Holiday Seasons' approach and the possibility of reservations already made for this season and that a phase in period for implementation, of from three to six months, is needed for practicality; coffee shop counter tops are to be non smoking also; one-half to two-thirds percent of available non-smoking hotel rooms is acceptable; trigger clause written in so that state law would not supercede municipal law; would like the ordinance passed tonight. No one else from the audience addressed this issue. Consensus motions from Council follow: (Mr. Carlson abstained on this issue>) 1)75% prohibition of smoking in restaurants by January 1, 1992. 2)100% prohibition of smoking in restaurants by January 1, 1993. 3)Barriers and separate ventilation for separate bars and restaurants so that the intent be that the air ventilated from a smoking bar area not be circulated to any non smoking part of a facility. 4)Food may be served in a drinking bar. 5)50% dedicated non-smoking rooms be provided in hotels and motels by January 1, 1992. 6)66% dedicated non-smoking rooms be provided in hotels and motels by January 1, 1993. 7)Trigger clause within ordinance so that state legislation will not pre-empt Town Code. 8)Restaurants with bars: keeping smoke away from eating areas should state that smoke is to be kept away from non-smoking areas. 9)Draft ordinance regarding smoking in business places with amendments to return to Council for re-introduction November 4, 1991. 10)Draft ordinance concerning tobacco vending machines to return to Council November TC:D2:MM102191 October 21, 1991 Los Gatos, California 4, 1991 for adoption. COUNCIL RECESS Mayor Ventura called a short recess at 11:00 p.m. The meeting was called back to order at 11:10 p.m. 8805 PROJECT/LOT 15/PARKING/STREET DESIGNATION Mayor Ventura stated that this was the time and place duly noted for Council to consider designating street parking near Parking Lot 15 of Project 8805. TC:D2:MM102191 October 21, 1991 Los Gatos, California 8805 PROJECT/LOT 15 CONT. The following people addressed this issue: Mayor Ventura made a statement for a member of the audience who had to leave the meeting. Dick Gaines, felt that parking on Main St. ascending the hill would be unsafe for cyclists. David MacKay, 205 Bachigalupe Dr., representing Santa Clara Bicycle Association, finds there is a great safety issue on having parking on the hill and curve for cyclists. Also addressed the need for a Bicycle Advisory Committee in Town, which would address these concerns during the planning stage. Ted Simonson, 220 Highland Terrace, would like to see the bus stop still be moved to Lot 15 from the 7-11 Store. This had been the original plan and he asked it not be changed. Tom Castro, 308 E. Main St., asked for the additional parking spaces and removal of bus stop at the Lot 15 location. No one else spoke to Council on this issue. Consensus motion by Council to have staff observe the area in question and report their findings to Council in 30 days (November 18, 1991); included with the report will be the study on this location generated by the County Transportation Agency; that Town will eliminate the proposal for five curb parking spaces on Los Gatos Blvd; that three spaces on Jackson and one on Pleasant be created; that a solution to the bus stop at 7-11 be found. Carried with a vote of 3 ayes. Mr. Attaway and Mayor Ventura voted no because they would like the bus stop eliminated from the area entirely. Consensus motion by Council that staff notify residents of the area that Town is considering eliminating the bus stop in this location stating the reasons for this action and giving alternate bus stop locations. BONNIE VIEW/MOBILE HOME PARK/PETITION Mayor Ventura stated that the problem at Bonnie View has been with us over a year and asked what was being done to bring the matter to closure. This comment expressing constituent's concerns. Sue Fish, Chairman of the Rent Advisory Committee, reported that the Rent Advisory Committee had met as a full committee for the first time and as such submitted their report. The Committee meets on a quarterly basis and will have another report in February. Regina Falkner, Community Services Director, invited any concerned citizens to the Rent Advisory Committee's meetings. Dates and times are posted in the Clerk's Office. Informational report received and filed. TC:D2:MM102191 October 21, 1991 Los Gatos, California BLOSSOM HILL RD 300/VASONA HEIGHTS/ACQUISITIONS & IMPROVEMENTS Mayor Ventura stated that this was the time and place duly noted for Council to consider creation of a special assessment district for the Vasona Heights project at 300 Blossom Hill Road. TC:D2:MM102191 October 21, 1991 Los Gatos, California BLOSSOM HILL RD CONT. The following people spoke to this issue: Emily Wagner, financial advisor, representing Miller and Shrouder of Pleasanton, addressed the risks involved in the Town issuing special assessment district bonds for the acquisition of public improvements required by the Town as part of the approval for the project site development. Mike Valley, resident of Los Gatos, expressed interest in the completion of the Los Gatos Trail Plan and would like to see Council's continued commitment to completing the trails portion of this project. Bruce Bowman, 100 Pinta Crt, the Town's bond financing will come in ahead of any other financing on the project decreasing any risk factors. Pat Owens, 722 Bicknell Rd., representing VSL Corp., explained the banker's viewpoint on these bonds and impound accounts used by the banks to avoid the default issue. No one else spoke to Council regarding this issue. Motion by Mr. Carlson, seconded by Mr. Attaway, that Council not approve the bonding of the Vasona Heights assessment district at this time. Carried unanimously. DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/(BID) Mayor Ventura stated that this was the time and place duly noted for Council to consider introduction of Draft Ordinance forming the Downtown Los Gatos Business Improvement District. Joe Hargett, Chairman of BID, reminded Council that business licenses would be going out next month and the assessment district needed to be approved in order to allocate appropriate funds. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance. Carried unanimously. The Senior Deputy Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT, with the addition of public art and amenities under b. (1) (f) on page 4. Carried by a vote of 4 ayes. Mr. Carlson abstained. FIESTA WAY 17/OPTION TO PURCHASE/RESOLUTION 1991-238 TC:D2:MM102191 October 21, 1991 Los Gatos, California Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 238 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A MODIFICATION AND EXTENSION OF THE OPTION TO PURCHASE REAL PROPERTY LOCATED AT 17 FIESTA WAY. Carried unanimously. ABSENCE FROM DIAS Mayor Ventura absented himself from the next item. Vice-Mayor Carlson chaired the item. TC:D2:MM102191 October 21, 1991 Los Gatos, California REDEVELOPMENT AGENCY/TAX REVENUE ALLOCATIONS/RESOLUTION 1991-237 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991- 237 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ELECTING TO RECEIVE ALL OR ANY PORTION OF THE TAX REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33676. Carried by a vote of 4 ayes. Mayor Ventura absent. SOLID WASTE MANAGEMENT/GREEN VALLEY DISPOSAL/RATE REVIEW Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council direct the Council Sub- Committee to begin negotiations with Green Valley Disposal Company to revise the solid waste management rate review process as discussed in staff report. Carried unanimously. SOUTH BAY CABLEVISION/RATE INCREASE Mr. Blanton made comment for the record concerning long contracts with the cable companies which we have no power over, concerning rate increases and service. Mayor Ventura agreed to sign letter of protest concerning the high rates for little service. Informational report was received and filed. MONTEBELLO WAY/JOHN STEINBECK CIRCLE Council consensus to send letter to the Steinbeck Center at San Jose State regarding the status of this item. CROSSWALK/LOS GATOS-ALMADEN/PINEHURST/DENIAL/RECONSIDERATION Motion by Mr. Blanton, seconded by Mr. Attaway, that Council deny the request to install a crosswalk across Los Gatos Almaden Road at Pinehurst Ave. Carried by a vote of 4 ayes. Mr. Carlson abstained. Motion by Mr. Blanton, seconded by Mayor Ventura to reconsider this item November 4, 1991, due to a misunderstanding of a person who had attended this evening's meeting in order to speak to this issue. Carried unanimously. MINUTES OF OCTOBER 7, 1991 Council continued this item to November 4, 1991. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adjourn this evening's meeting at 12:30 p.m. Carried unanimously. ATTEST: TC:D2:MM102191 October 21, 1991 Los Gatos, California Kim Kolerus Deputy Clerk MarLyn J. Rasmussen Senior Deputy Clerk TC:D2:MM102191