Loading...
M 07-20-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 20, 1992 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 7:42 p.m., Monday, July 20, 1992, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura and Mayor Eric D. Carlson. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PLANNING COMMISSION/APPOINTMENTS/TERMS OF OFFICE (37.20&46) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council review the composition of the Planning Commission at the first meeting after the new Town Council members are seated following the November election. This should be done as a public hearing and the issue should include the size of the Commission with the possibility of making it smaller. This due to the fact that the Conceptual Plan Review Committee has been formed and more responsibility has been given to the Design Review Committee. Opinion was voiced by Mr. Ventura to not have a Commission smaller than seven members due to desire to see sufficient public input be retained in the system. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 20.20.15 OF THE TOWN CODE SETTING THE COMPOSITION, APPOINTMENT, AND TERMS OF OFFICE FOR MEMBERS OFF THE PLANNING COMMISSION. Carried unanimously. Mayor Carlson stated that by this action the interviews for Planning Commission vacancies would not be heard this evening but would be reopened for the new appointment date of TC:D4:MM072092 February first. INTERVIEWS FOR HISTORIC PRESERVATION & REDEVELOPMENT ADVISORY WERE HELD APPOINTMENT/HISTORIC PRESERVATION COMMITTEE/LEONARD PACHECO (00.20) Mayor Carlson announced that two applications from Patricia Anderson and Leonard Pacheco had been received for one vacancy on the Historic Preservation Committee. Voting was held and Leonard Pacheco was appointed to the position. Term to expire 8/1/96. TC:D4:MM072092 July 20, 1992 Los Gatos, California APPOINTMENTS/REDEVELOPMENT/LEE QUINTANA/MORRIS TREVITHICK (000.20) Mayor Carlson announced that two applications from Lee Quintana and Morris Trevithick had been received for two vacancies on the Redevelopment Advisory Committee. Council reappointed Ms Quintana and Mr. Trevithick to the Committee. Terms to expire 8/1/96. CLOSED SESSION Kate Anderton, 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 Pending Litigation in regards to Town of Los Gatos vs PG&E, Con Agra and Beatrice. There is no status report at this time. Pursuant to Government Code Section 54956.9(c), Council met to discuss Initiation of Litigation regarding City of San Jose Landfill Business License Tax and authorized participation in a suit with the eleven other affected cities in the County of Santa Clara to contest the imposition of that increase by the City of San Jose. PRESENTATIONS FOR YEARS OF SERVICE TO THE TOWN (000.43) Mayor Carlson made presentations to the following employees of the Town for there many years of dedication and service. Special recognition and comments of appreciation were expressed. MARILYN DILLES - 25 YEARS Mrs. Dilles was in attendance to receive her award and thanked Council for the recognition. JEAN KRCIK - 20 YEARS Mrs. Krcik was in attendance to receive her award and thanked Council for the consideration. HORACE PETE, JR. - 15 YEARS HERBERT CHAVEZ - 15 YEARS 8907/8908/9004 PROJECTS/LIVE OAK MANOR/BLOSSOM HILL PARK BACHMAN PARK/PLAYGROUND EQUIPMENT/ROSS RECREATION COMPANY RESOLUTION 1992-148 (01.35) Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council award the contract to Ross Recreation Equipment Company, Inc. with lowest bid of $132,520. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1992-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROSS RECREATION EQUIPMENT COMPANY, INC. FOR THE CONSTRUCTION OF PROJECT 8907/8908/9004 - LIVE OAK MANOR, BLOSSOM HILL PARK, AND BACHMAN PARK PLAYGROUND EQUIPMENT. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California SCHEDULE OF PUBLIC HEARINGS (02.01) Informational report regarding currently scheduled public hearings was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (03.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. TC:D4:MM072092 July 20, 1992 Los Gatos, California COUNTY REFERRALS (04.47) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the recommended action concerning County Referrals: Projects Inside Urban Service Area: Referral #Location Applicant Request Recommendation 4893 14045 Shannon Rd.Hamilton Use Permit/Design Review Approval/ 2 conditions Carried unanimously. PAYROLL/RATIFICATION/JULY 1992 (06.V) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for payroll of June 21 through July 4, 1992 in the amount of $214,956.59 paid on July 10, 1992. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JULY 1992 (06.V) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council ratify accompanying check registers for accounts payable invoices in the amount of $470,441.24 paid on July 10 and July 17, 1992. Carried unanimously. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (07.47) Informational item received and filed. STRATEGIC PLAN/TRAFFIC AUTHORITY/COUNTY REPORT (09.39) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council authorize the Mayor to sign the attached letter to the Santa Clara County Traffic Authority listing the Town's comments on the Draft 1992 Strategic Plan. Carried unanimously. TRAFFIC STUDY/PARR AVE WEST/SCOPE OF WORK (11.39) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the scope of work proposal for a neighborhood traffic study on West Parr Avenue. Carried unanimously. CLAIM REJECTION/TERRY MULLANIX (12A.01) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council reject the claim of Terry Allen Mullanix filed June 18, 1992 with the Town Clerk. Carried unanimously. CLAIM REJECTION/WILLIAM BACKUS (12B.01) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council reject the claim of TC:D4:MM072092 July 20, 1992 Los Gatos, California William D. Backus filed June 19, 1992 with the Town Clerk. Carried unanimously. TRAILS COMMITTEE/MEMBERSHIP INCREASE/RESOLUTION 1992-132 (13.20) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-223 INCREASING THE NUMBER OF COMMUNITY MEMBERS ON THE TRAILS COMMITTEE, and amending terms of offices within this Resolution to begin February 1st of the year. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California RENT MEDIATION/BMP PROGRAM/AGREEMENT/RESOLUTION 1992-133 (14.19) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE: 1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983, AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR IMPLEMENTING THE RENT MEDIATION PROGRAM; AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH COMMUNITY HOUSING DEVELOPERS FOR IMPLEMENTING THE BELOW MARKET PRICE HOUSING PROGRAM - FISCAL YEAR 1992-1993. Carried unanimously. Mr. Ventura abstained from section one of the two agreements. RED CROSS/EARTHQUAKE RECOVERY FUNDS/RESOLUTION 1992-134 (15.13) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 134 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. Carried unanimously. WORKERS' COMPENSATION/WILLIS CORROON/RESOLUTION 1992-135 (16.10) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 135 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH WILLIS CORROON FOR THIRD PARTY ADMINISTRATION OF THE TOWN'S WORKERS' COMPENSATION PROGRAM. Carried unanimously. DISABILITY/LIFE INSURANCE/UNUM INS. CO./RESOLUTION 1992-136 (17A.12) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN AGREEMENTS WITH UNUM FOR SHORT TERM AND LONG TERM DISABILITY AND LIFE INSURANCE. Carried unanimously. DENTAL PROGRAM/DELTA CARE PMI/RESOLUTION 1992-137 (17B.12) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS WITH DENTAL PLAN OF CALIFORNIA. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California LOS GATOS CREEK TRAIL/8606 PROJECT/MONTE SERENO/RESOLUTION 1992-138 (18.25) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MONTE SERENO AND THE TOWN OF LOS GATOS FOR THE CONSTRUCTION OF THE LOS GATOS CREEK TRAIL -PROJECT 8606. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California UNDERGROUND SERVICE ALERT/ENCROACHMENT PERMIT FEE/RESO 1992-139 (19.05) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING FEES, RATES AND CHARGES FOR COMMUNITY SERVICES, GENERAL ADMINISTRATION SERVICES LIBRARY, PARKS, FORESTRY AND MAINTENANCE, PLANNING, POLICE AND AMENDING CERTAIN FEES FOR BUILDING AND ENGINEERING SERVICES ENCROACHMENT PERMIT. Carried unanimously. SANTA ROSA HEIGHTS/TRACT 8400/SHANNON RD 14615/RESOLUTION 1992-140 OPEN SPACE MAINTENANCE DISTRICT/ASSESSMENT RATE (20.33) Motion by Mr. Attaway, seconded by Mrs. Benjamin, to adopt Resolution 1992-140 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT 2. Carried unanimously. PARKING/LOT 4/NOTICE OF SALE/RESOLUTION 1992-141 CERTIFICATES OF PARTICIPATION/LEASE FINANCING (21A.35) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 141 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PRELIMINARY OFFICIAL STATEMENT, OFFICIAL NOTICE OF SALE, OFFICIAL BID FORM, AND NOTICE OF INTENTION FOR THE PARKING LOT 4 FINANCING, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Carried unanimously. PARKING/LOT 4/CONSTRUCTION/RESOLUTION 1992-142 CERTIFICATES OF PARTICIPATION/REDEVELOPMENT AGENCY (21B.35) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONSENTING TO FINANCIAL PARTICIPATION BY THE LOS GATOS REDEVELOPMENT AGENCY IN CONSTRUCTION OF THE PARKING LOT 4 PROJECT. Carried unanimously. SPECIAL EVENTS/ORDINANCE 1907 (22.46) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Ordinance 1907 entitled, ORDINANCE OF THE TOWN OF LOS GATOS REGULATING SPECIAL EVENTS. Carried by a vote of 4 ayes. Mayor Carlson abstained. SIGN REGULATIONS/ORDINANCE 1908 (23.46) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Ordinance 1908 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE SIGN ORDINANCE IN THE TOWN CODE TO REGULATE EVENT SIGNS. Carried by a vote of 4 TC:D4:MM072092 July 20, 1992 Los Gatos, California ayes. Mayor Carlson abstained. WATER SHORTAGE/REDUCTION OF USE/ORDINANCE 1909 (24.46&37) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Ordinance 1909 entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING THE EXISTENCE OF A CONDITION OF WATER SHORTAGE AND PROVIDING FOR MANDATORY REDUCTIONS IN AND SPECIFIED PROHIBITIONS OF WATER USE AND REPEALING ORDINANCE 1848. Carried by a vote of 4 ayes. Mayor Carlson abstained. TC:D4:MM072092 July 20, 1992 Los Gatos, California HEARINGS TRAFFIC IMPACT MITIGATION FEES/HEARING (25.39) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider adoption of resolution revising Town-wide traffic mitigation fees. The following person from the audience spoke regarding this subject: Beverly Bryant, Executive Director of NAIOP, association for commercial real estate developers in the valley, requested that Council not initiate this fee structure at this time and wait for further input and observe the progress of other cities in this particular area. She mentioned the encouragement of business and economics in a repressed financial environment and asked that the fees not be implemented at this time. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council table this item for three months (amended to January of 1993) until other cities have made decisions concerning congestion management and Council has time to cooperative actions from other communities due to the fact that action on this item at this particular time may have adverse impacts on the business community at a time when the Town is trying to encourage economic activity. Motion failed by a vote of two ayes. Mayor Carlson, Mr. Attaway and Mr. Ventura voted no. Motion by Mr. Ventura, seconded by Mr. Carlson, that item B in the resolution be lowered from a fee of $600 to $400 for commercial uses. Motion failed with 2 ayes. Mr. Attaway, Mrs. Benjamin and Mr. Blanton voted no. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council continue this item to September 7, 1992, giving time for Mr. Ventura and Mr. Attaway to meet with the business community. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Attaway, to reopen this public hearing to September 7, 1992. Carried unanimously. MAIN STREET W 131/RANKIN BUILDING/LE BOULANGER/APPEAL/HEARING (26.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to TC:D4:MM072092 July 20, 1992 Los Gatos, California consider appeal of a decision of the Planning Commission to approve a request for the operation of a restaurant within the Rankin Block Building in the C-2-LHP Zone; Conditional Use Permit U-92-5; Property located at 131 West Main Street; Property Owner Dave Wilson, et al; Applicant Le Boulanger, Inc; Appellant John Lien. TC:D4:MM072092 July 20, 1992 Los Gatos, California HEARINGS CONTINUED MAIN STREET/LE BOULANGER/CONTINUED The following people from the audience spoke to this issue: Dave Wilson, 14370 Saratoga Ave., Saratoga, representing the owners of the Rankin Block Building, discussed the traffic mitigation fee and requested a waiver of the $15,000 mitigation fee. Spoke of the improvement of a public building as it is an already existing structure in the Downtown Historic District; the proposed tenant is an already established tenant in the Downtown area and is therefore not a new retail use; and the substructure of the building has existing need of improvement on Town's public property which owner's are accepting financial responsibility for. John Lien, 196 College Ave. due to the exceptional nature of this project he asked that Council consider taking exceptional action. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Blanton, to waive the traffic mitigation fee in this very particular instance, due to the social benefit this restored building will have on the Town in general. Mr. Carlson agreed with the stipulation that Council take action to allow itself to waive the fees for historically significant buildings. This motion failed for lack of a vote and continuation of this item. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council continue this item to September 7, 1992, and allow deferment of traffic fee payments on earthquake damaged historical buildings until Council's further action on the matter. Carried unanimously. TOURNEY ROAD 4/ANNEXATION/RESOLUTION 1992-143/HEARING (27.04) Mayor Carlson 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 Tourney Road 4. Mayor Carlson noted that there was no one from the audience to speak to this issue, nor were any protests filed regarding the annexation. Motion by Mr. Blanton, seconded by Mrs.Benjamin, to close the public hearing. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California Motion by Mr. Ventura seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 143 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING A FINDING ON THE VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOURNEY ROAD 4 TO THE TOWN OF LOS GATOS. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California HEARINGS CONTINUED WEED ABATEMENT/TAX ASSESSMENT/HEARING/RESOLUTION 1992-144 (28.27) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of weeds within Los Gatos and adopt resolution approving report describing parcels of real property, and showing amount of weed abatement charges to be collected on the tax roll of the Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1992- 144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1992-93. Carried unanimously. LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT #1/RESOLUTION 1992-145 (29.04) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider protests and to confirm the diagram and assessment and levy assessment for landscaping and lighting assessment district number one for fiscal year 1992-93. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992- 145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING ASSESSMENTS IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 FOR FISCAL YEAR 1992-93. Carried unanimously. MODERN TRANSIT SOCIETY/TRANSPORTATION AUTHORITY/PRESENTATION (08.39) Alvin Spivak, 1913 Quebec Way, San Jose, President of The Modern Transit Society, addressed transportation issues in the Santa Clara Valley and requested Council's support TC:D4:MM072092 July 20, 1992 Los Gatos, California in an environmentally sensitive program in lieu of the "Transit Now" measure to be on the November ballot. Motion by Mr. Carlson that Council support alternative ballot measure "A", superior alternative to the one previously supported by Council, with the inclusion of the Vasona Corridor and the 85 Corridor as high priority items. Failed for lack of second. TC:D4:MM072092 July 20, 1992 Los Gatos, California MODERN TRANSIT CONT. Council's previous decision of May 18, 1992, to support creating a County Transportation Authority does not need to be reaffirmed. MINUTES OF JULY 6, 1992 (30.V) Request from Mrs. Benjamin that the rationale behind the decision on page 5, motion at the bottom of the page regarding Deborah Gabris' property at 112 University Ave, be reflected in the minutes. Mr. Ventura requested the same, and also asked that Ms Gabris' name be spelt correctly throughout the document. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept the Minutes of July 6, 1992 as amended. Carried by a vote of 4 ayes. Mr. Carlson abstained. DESIGN GUIDELINES/RESIDENTIAL/COMMERCIAL (31.47) John Spaur, 1184 Longfellow Ave., Campbell, representing the Los Gatos Chamber of Commerce, would like to have the opportunity to review the document with staff and share comments with membership before action is taken. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to amend draft resolution that reads "the guidelines should not be meant to discourage unique and innovative design solutions" to a positive statement such as "these guidelines will allow unique and innovative design solutions". This to be done by staff in such a way as to not jeopardize the Town's status with the Department of Interior. Carried by a vote of 4 ayes. Mr. Ventura abstained. Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item to August 17, 1992, and to advertise the issue as a public hearing in the local paper. Carried unanimously. RENT INCREASES/MOBILE HOME PARKS (32.16) Mayor Carlson stated that this was the time and place duly noted to consider developing vacancy control provisions and evaluating the Town's current rent mediation ordinances. The following people spoke in favor of retaining the urgency ordinance at this time so as to have time for further review of the present Town Code and for the opportunity to have legal advise on the issue. Rents not to increase or be allowed to increase at this time. Jourdan Clish, 14685 Oka Rd., #52 Melvin Woodall, 5510 Clover Crest Dr., San Jose, owner os space #51 Jack Jones, 484 Woodland Ave., #45 Mary Alice Blice, 484 Woodland, #43 Bill Kraus, 484 Woodland, #17 presented documentation for the record to be given to Council and staff. TC:D4:MM072092 July 20, 1992 Los Gatos, California Jack Cole, 14685 Oka Rd., #53 Clovis Mirassou, 5496 Amby Dr., San Jose, owner of Bonnie View Mobile Home Park. Suggested that the Rent Advisory Committee had been meeting for some time and have come to the conclusion that the present ordinance does the job for all concerned. He claims the situation at the specific mobile home park in question is the issue, and not the present ordinance. TC:D4:MM072092 July 20, 1992 Los Gatos, California RENT ORDINANCE CONT. Motion by Consensus that Council instruct staff to prepare a report for Council's consideration on August 17, 1992, to extend the present urgency ordinance. Mr. Blanton and Mr. Ventura will form a sub-committee which will meet with any concerned citizens and the rent advisory committee before the next Council meeting. The committee will identify the issue and a public hearing will be scheduled. Carried unanimously. FARMER'S MARKET/SPECIAL EVENT (33.43) The following people from the audience addressed Council concerning the issuance of a Farmer's Market Special Event Application. Richard Jones, 173 Maricopa, owner of "The Good Earth" health food store on Main. Spoke of the store's 25 year commitment to organic produce, and requested that Council limit the sale of organic produce at the proposed farmer's market. Richard Majors, 2426 Lascar, owner of "Olive Barrel" would like to see some concern for the established businesses in Town who are here year round and have a high overhead as opposed to those who come sporadically and do not have the same fees. He is in favor of the market if it is specifically run by the owners of the farms but not if it is run by retailers who have not grown the produce. Brad Honholt, representing the Chamber of Commerce, stated that the Council had requested response from their membership on this issues and only Safeway had responded as against the proposal due to the competitive aspects. Joe Hargett, representing the Business Improvement District, feels that the market would lend to the ambiance of the downtown community, as an asset for residential and business constituents alike. Melanie Defe, applicant for permit, 227 Wilder, expressed the desire to see this market be a central gathering event for the social benefit of the community and requested Council's support in the granting of the permit for at least this season. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to grant the permit for operation of a farmers' market to the applicants at this time, and other individuals may also apply if there are subsequent applications for similar enterprises. Motion to also include the stipulation that the grower of the produce or a designated representative be the party displaying the merchandise and handling the transaction. Carried unanimously. TOWN FIRE CODE/ORDINANCE INTRODUCTION (34.13) TC:D4:MM072092 July 20, 1992 Los Gatos, California Mayor Carlson stated that this was the time and place duly noted for consideration of the introduction of the draft ordinance adopting the Town Fire Code. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to waive the reading of the draft ordinance. Carried unanimously. The Town Clerk read the title of the draft ordinance. TC:D4:MM072092 July 20, 1992 Los Gatos, California TOWN FIRE CODE CONT. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING, RESCINDING AND ADDING SECTIONS TO CHAPTER 9 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO FIRE PREVENTION AND PROTECTION REGULATIONS AND ADOPTING THE 19912 UNIFORM FIRE CODE WITH 1991 STATE OF CALIFORNIA AMENDMENTS. Carried unanimously. RAIL TRANSPORTATION ACT/PROP 155/BOND ACT/RESOLUTION 1992-146 (35.38) Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1992- 146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING PROPOSITION 155 (THE $1 BILLION BOND ACT FOR RAIL TRANSPORTATION. Carried unanimously. CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE/RESOLUTION 1992-147 (36.20) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992- 147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE AS AN ADVISORY BODY TO THE PLANNING COMMISSION. Carried unanimously. LEXINGTON RESERVOIR/HIGHWAY 17/INTERCHANGE & FRONTAGE ROAD (10.38) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept the report on the Draft Environmental Impact Report for the Highway 17 Interchange and Frontage Road Project at Lexington Reservoir with the consensus of Council that none of the growth inducing options are acceptable in consideration of the extreme traffic impacts that will result on the streets of Los Gatos. That the interchange should serve the Old Santa Cruz Road as Well As the Bear Creek Road vicinity and be accessible to both with one overpass or underpass as three or four of the options are now defined. The least sensitive to the needs of Los Gatos appears to be option number 6. Carried by a vote of 3 ayes. Mayor Carlson and Mr. Ventura voted no since they are not in favor of alternative number 6 which has the most environmental impact upon the Town of Los Gatos. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Attaway, at 10:11 p.m., to adjourn this evening's meeting to July 27, 1992, at 4:45 p.m., for a joint study session and field trip with the Planning Department followed by a Closed Session meeting at Town Hall. Carried unanimously. TC:D4:MM072092 July 20, 1992 Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk TC:D4:MM072092