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M 06-01-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 1, 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 7:36 p.m., Monday, June 1, 1992, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, (arrived at 8:10), Steven Blanton, Brent N. Ventura and Chairman Eric D. Carlson. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT (00.10) Town Attorney, Kate Anderton, stated that Council had met in Closed Session pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Landfill Business License Tax. Council authorized joining in litigation should that prove necessary. Pursuant to Government Code Section 54956.9(b), Threatened Litigation, Council made the finding that there was a threat of litigation and discussion was held on the matter of Property Owned by Town. YOUTH COMMUNITY SERVICE AWARD/PRESENTATION (00.43) Mayor Carlson presented Kelly Brennan with the Youth Community Service Award on behalf of the Town. Ms Brennan thanked Council for the recognition. YOUTH ADVISORY COMMISSION/PRESENTATIONS (00.20) Mayor Carlson presented the 1991-92 Youth Advisory Commissioners with commendations for the service they have rendered to the Town this past year. Commissioners receiving their commendations were: Brooks Broderick, Patricia Lowe, Kristen Swan, Kirsten Fish, TC:D3:MM060192 Eleanor Harwood, Kim Kolerus, Seth Wheatley, Adam Brown and Patricia Ernstrom. CHILDREN'S SHELTER/SANTA CLARA COUNTY/FUNDING REQUEST (00.23) Dianne McKenna, Santa Clara County Supervisor, made a presentation and request for funding for the new county Children's Shelter. The amount suggested for support from the Town was $20,000, which equates to 1.4% support for the Los Gatos children that have need of this facility. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D3:MM060192 June 1, 1992 Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/MAY 1992 (04.V) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of April 26 through May 9 paid on May 15, 1992 and payroll of May 10 through May 23 paid on May 29, 1992 in the amount of $417,726.88. Carried by 4 ayes. Mrs. Benjamin absent. ACCOUNTS PAYABLE/RATIFICATION/MAY 1992 (05.V) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $336,843.84 paid on May 15 and 22, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MEETING SCHEDULE/TOWN COUNCIL/1992-93 (06.10) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council approve the 1992-93 Town Council Meeting Schedule. Carried by a vote of 4 ayes. Mrs. Benjamin absent. YOUTH ADVISORY COMMISSION/COUNCIL REPORT/1991-92 (07.20) Informational report to Council from the Youth Advisory Commission on activities for the year 1991-92 was received and filed. CLAIM REJECTION/CAL-RITE SERVICE (08.01) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council reject the claim of Cal-Rite Service, Inc. filed with the Town Clerk on April 29, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent. DISASTER ASSISTANCE PROGRAM/CALDAP/AGREEMENT/RESOLUTION 1992-100 (09.19) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992- 100 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO SERVICE AGREEMENT WITH NILSEN TRUDEAU ASSOCIATED/UNITED STATES ESCROW FOR IMPLEMENTATION OF THE TOWN'S CALIFORNIA NATURAL DISASTER ASSISTANCE PROGRAM (CALDAP). Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D3:MM060192 June 1, 1992 Los Gatos, California GEOMATRIX/ENVIRONMENTAL CONSULTING/8805 PROJECT/PARKING LOT 4 RESOLUTION 1992-101 (11.35) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992- 101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AMENDED AGREEMENT WITH GEOMATRIX CONSULTANTS, INCORPORATED FOR ENVIRONMENTAL CONSULTING WORK FOR PARKING LOT 4. Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D3:MM060192 June 1, 1992 Los Gatos, California SPECIAL EVENTS/PERMIT PROCESS/CODE AMENDMENT/ORDINANCE 1904 (12.19 & 46) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Ordinance 1904 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING PROCEDURES AND A PERMIT PROCESS FOR SPECIAL EVENTS HELD WITHIN THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mrs. Benjamin absent. WOOD BURNING STOVES/TOWN CODE AMENDMENT/ORDINANCE 1905 (13.13 & 46) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Ordinance 1905 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE III TO CHAPTER 13 OF THE TOWN CODE TO REGULATE THE USE OF WOOD BURNING APPLIANCES. Carried by a vote of 4 ayes. Mrs. Benjamin absent. VERBAL COMMUNICATIONS SEWERAGE SEEPAGE ON PROPERTY Susan Fish, 16070 Greenwich Terrace, addressed the sewerage problem on her property and requested support for eliminating the problem from Council. Council consensus, for staff to prepare a letter to Supervisor Honda and the Regional Water Quality Control Board asking that these agencies address the problem at this location. SAFETY ACCESS/WEDGEWOOD AREA Russ Aldrich, 109 Palmer Drive, representing the homeowners of Courtstyle condominiums, requested help with the access problem in the Wedgewood area once Route 85 goes in. Council asked staff to explain the options to Mr. Aldrich. MOBILE HOME PARK SALE Jack Cole, 14685 Oka Road, asked for Council's immediate attention regarding the sale of the Los Gatos Mobile Home Park on Saratoga Road downtown Los Gatos. Discussion followed and it was determined that the Rent Advisory Committee would be meeting Wednesday, June 3, at 3:30 p.m. in Room 214 of the Neighborhood Center and should work on the wording of the Urgency Ordinance that would be needed to help the mobile home residences with the issue of sale of the park and the inherent rent increases that would immediately occur. Council determined to hold a Special Meeting, Friday, June 5, 1992, at 7:00 p.m. in the Council Chambers to discuss the introduction and adoption of an urgency ordinance (to be effective immediately) addressing debt pass through at time of sale. Lorraine Hoge, 14685 Oka Road, spoke of her concern regarding this issue and submitted petitions in support of adoption of a rent and vacancy control ordinance. TC:D3:MM060192 June 1, 1992 Los Gatos, California BUSINESS IMPROVEMENT DISTRICT Michael Silva, Business Owner in Town for 21 years, requested that the disestablishment of the Business Improvement District be agendized. Staff explained initial procedures for such action, and Mr. Silva will submit his petitions so as to initiate the procedures for disestablishment. TC:D3:MM060192 June 1, 1992 Los Gatos, California HEARINGS SOLID WASTE/RATES AND COSTS/HEARING (14.07) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider public comment regarding solid waste management costs and rates, and to consider programs that might be included during the negotiations of new rates between the Solid Waste Committee and Green Valley Disposal in regards to the need to reduce volume in the landfill and keep the costs for such programs under control. The following people from the audience addressed this issue: John Snelham, 247 Old Adobe Road, Solid Waste Committee member, feels that the Yard Waste Program should not be initiated until a formula for rates is negotiated with Green Valley or another service agent. Has questions regarding the oil filter and oil pickup program involve the alternatives of having the program pickup at the curb or at the recycling yard, and what is equitable for payment for this service. He mentioned that all four West Valley Cities were working together on solutions to this issue. Phil Couchee, representing Green Valley Disposal, 573 University Ave., responded to Mr. Snelham's testimony and explained the oil pickup service. No one else from the audience spoke to this item. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council include a yard waste program in the negotiation procedures and include in this discussion a "life line" concept for senior citizens and the inclusion of multifamily and commercial properties in the rate formulas. This motion to include the City of Campbell due to the economies involved with additional participation in this program and to consider putting the yard waste program out for proposal bids from other companies so as to evaluate the services that could be provided with such a program. Included in the motion is specific information on reduced volume going to the landfill as it relates to cost factors and methods of pick up. Carried unanimously. CAMINO DEL CERRO 16035/CARSTENS/APPEAL PC DECISION/HEARING (15.09) Mayor Carlson 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 approve the issuance of a certificate of compliance for property in the R-1:20,000 zone. Subdivision application M-77- 5B. Property located at 16035 Camino Del Cerro. Property Owner/Applicant: Wilfred W. Carstens. The following people from the audience addressed this issue: TC:D3:MM060192 June 1, 1992 Los Gatos, California Preston Hill, 196 W. Main St., presented the reasons for the appeal and delineated the plans and specifications of the proposed project for Council and submitted a paper for the record with reasons for approving the project. Gordon Levin, 16055 Camino Del Cerro, stated that he believes that the Council should uphold the Planning Commission decision and noted the drainage problems that exist on this parcel. No one else from the audience spoke to this item. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. TC:D3:MM060192 June 1, 1992 Los Gatos, California HEARINGS CONTINUED CAMINO DEL CERRO CONT. Motion by Mr. Blanton, seconded by Mr. Ventura, that Council uphold the Planning Commission's decision to approve the certificate of compliance subject to the conditions imposed. Carried by a vote of 4 ayes. Mr. Attaway voted no, stating he feels that the lot should be usable but needs to find itself another solution for access, by a neighboring easement or obtaining 100 foot frontage for driveway stating that the condition for the driveway is incorrect. SPECIAL EVENTS/ORDINANCE INTRODUCTION/HEARING (16.46) ZONING ORDINANCE AMENDMENT/A-92-5 Mayor Carlson stated that this was the time and place duly noted for public hearing to consider amendment to and introduction of an Ordinance relating to zoning regulations concerning special events. There was no one from the audience to speak to this issue. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council continue this matter to July 6, 1992. Carried unanimously. TREASURER'S REPORT/APRIL 1992 (17.V) Informational report submitted by the Treasurer to the Council for the month of April 1992 was received and filed. SOLID WASTE MANAGEMENT/LOCAL ENFORCEMENT/RESOLUTION 1992-102 (18.07) SANTA CLARA COUNTY DESIGNATED OFFICER Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SANTA CLARA COUNTY DIVISION OF ENVIRONMENTAL HEALTH AS THE LOCAL ENFORCEMENT AGENCY FOR CITIES WITHIN THE COUNTY (EXCLUSIVE OF THE CITY OF SAN JOSE). Carried by a vote of 4 ayes. Mr. Ventura voted no. SOLID WASTE COMMISSION/NOMINATION OF COMMISSIONER/COUNTY (19.07) TC:D3:MM060192 June 1, 1992 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council nominate Councilmember Blanton for the vacant position on the Solid Waste Commission of Santa Clara County. Carried unanimously. TC:D3:MM060192 June 1, 1992 Los Gatos, California CAPITAL IMPROVEMENT PROGRAM/1992-1997/RESOLUTION 1992-103 (01.06) Mayor Carlson stated that this was the time and place duly noted to consider the proposed Capital Improvement Program for 1992-97. Emily Wagner, Miller and Schroeder Financial, Pleasanton, financial advisor to the Town, discussed Certificates of Participation, stating that the bond buyer of our bonds would prefer to preclude the Town from opting to call the bonds before the maturity date, however the option for so doing is negotiable at various premiums. Under the ability to have the Redevelopment Agency be responsible for the premiums an early call period should not be necessary. The additional call provision would approximate $35,000 to $50,000 over 20 years. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council tentatively approve Resolution 1992-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING CAPITAL IMPROVEMENT PROGRAM BUDGET APPROVING 1992-97 CAPITAL IMPROVEMENT PROGRAM, with source and use of funds for Certificates of Participation reflected in the Operating Budget and including a separate page identifying the program (staff will also provide a funding account and accounting report). Carried unanimously. ADJOURNMENT Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adjourn this evening's meeting at 9:48 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D3:MM060192