M 05-18-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 18, 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 7:30 p.m., Monday, May 18, 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.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/APRIL 1992 (02.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying
check registers for payroll of April 12 through April 25, 1992 in the amount of $204,480.70
paid on May 1, 1992. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY 1992 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $246,791.93 paid on May 1
and 8, 1992. Carried unanimously.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (04.47)
Informational report submitted by the Attorney regarding Town Code Violations and steps to
ensure code enforcement was received and filed.
TOWN CODE/ADDITIONAL FUNDING (05.01)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town
Manager to expend $2,130.77 from Account 010-230-6153 to pay for Municipal Code
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computer disk and maps for the Zoning Ordinance. Carried unanimously.
HIGH SCHOOL GRADUATION/STREET CLOSURE/JUNE 12, 1992 (06.23)
Informational report regarding the closure of East Main Street on June 12, 1992 from 6 to 8
p.m. for the graduation ceremony was received and filed.
MUSEUM ASSOCIATION/SUBLEASE REQUEST (07.44)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Los Gatos
Museum Association's request to sublease the museums in accordance with established
policies and procedures. Carried unanimously.
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9211 PROJECT/TRAFFIC SIGNAL/WIMBLEDON AND WINCHESTER
COMPLETION NOTICE (08A.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Project 9211, the signalization of Wimbledon Drive and Winchester Boulevard. Carried
unanimously.
9209 PROJECT/REFORESTATION/DOWNTOWN BUSINESS DISTRICT
TREE REPLACEMENT/COMPLETION NOTICE (08B.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Project 9209, the Reforestation of the Downtown Business District. Carried unanimously.
CONGESTION MANAGEMENT AGENCY/TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT PRIORITIES (09.38)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept staff report
confirming the selection and priority of projects submitted to Santa Clara County Congestion
Management Agency for funding under the 1993 Transportation Improvement Program.
Carried unanimously.
PUBLIC ART/SELECTION POLICIES/RESOLUTION 1992-78 (10.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING PUBLIC ART
SELECTION POLICIES AND PROCEDURES AND RESCINDING RESOLUTION 1988-185.
Carried unanimously.
YOUTH ADVISORY COMMISSION/COMMENDATIONS (11.20)
RESOLUTION 1992-79, 1992-80, 1992-81, 1992-82, 1992-83, 1992-84, 1992-85, 1992-86 &
1992-87
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolutions
1992-79 through 1992-87 entitled, RESOLUTIONS OF THE TOWN OF LOS GATOS
COMMENDING:
KIRSTEN FISH 1992-79
KIM KOLERUS 1992-80
KRISTEN SWAN 1992-81
BROOKS BRODERICK 1992-82
PATRICIA ERNSTROM 1992-83
ELEANOR HARWOOD 1992-84
ADAM BROWN 1992-85
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PATRICIA LOWE 1992-86
SETH WHEATLEY 1992-87
which commends the Youth Advisory Commissioners for their service on the Commission
during the 1991-92 year. Carried unanimously.
BELOW MARKET PRICE HOUSING PROGRAM/BMP/RESOLUTION 1992-88 (12.19)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REVISING THE RULES,
PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING
PROGRAM. Carried unanimously.
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8805 PROJECT/PARKING/LOT 4/O'BRIEN-KREITZBERG/RESOLUTION 1992-89 (13A.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
89 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT WITH O'BRIEN-KREITZBERG FOR
CONSTRUCTION MANAGEMENT SERVICES. Carried unanimously.
8805 PROJECT/PARKING/LOT 4/KALDVEER ASSOCIATES/GEOTECHNICAL SERVICES
RESOLUTION 1992-90 (13B.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT WITH KALDVEER ASSOCIATED FOR
GEOTECHNICAL SERVICES FOR PARKING LOT 4. Carried unanimously.
8805 PROJECT/PARKING/LOT 4/GEOMATRIX/CONTAMINATION REPORTS (13C.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council consider the
recommendations from Geomatrix concerning contamination at Parking Lot 4. Carried
unanimously.
OAK MEADOW PARK/AIRCRAFT/AIR FORCE AGREEMENT/RESOLUTION 1992-91 (14.25)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
91 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
EXECUTION OF A CONDITIONAL DEED OF GIFT BETWEEN THE TOWN AND UNITED
STATES DEPARTMENT OF THE AIR FORCE FOR THE STATIC DISPLAY AIRCRAFT
LOCATED AT OAK MEADOW PARK. Carried unanimously.
PLAYGROUND EQUIPMENT/MONTE SERENO/AGREEMENT/RESOLUTION 1992-92 (15.25)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
92 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 REPLACEMENT OF PLAYGROUND
EQUIPMENT. Carried unanimously.
AFSCME LOCAL 101/MEMORANDUM OF UNDERSTANDING/RESOLUTION 1992-93
(16A.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
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93 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND
AFSCME LOCAL 101. Carried unanimously.
TOWN EMPLOYEES' ASSOC/MEMO OF UNDERSTANDING/RESOLUTION 1992-94 (16B.10)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND
TOWN EMPLOYEES' ASSOCIATION (TEA). Carried unanimously.
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9301 PROJECT/ANNUAL STREET RESURFACING/RESOLUTION 1992-95 (17.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
95 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
SPECIFICATIONS FOR PROJECT 9301 ANNUAL STREET RESURFACING. Carried
unanimously.
TELEPHONE MAINTENANCE/RESOLUTION 1992-96 (18.24)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN A MAINTENANCE AGREEMENT WITH GTE CUSTOMER
NETWORKS, INCORPORATED FOR TELEPHONE SYSTEM MAINTENANCE. Carried
unanimously.
VASONA HEIGHTS/BLOSSOM HILL 300/TRACT 8280/RESOLUTION 1992-97 (20A.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE SUMMARY
VACATION OF EASEMENTS AND PUBLIC RIGHT-OF-WAY WITHIN THE BOUNDS OF
TRACT 8280, CONDITIONED UPON RECORDATION OF THE FINAL MAP, AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE QUIT CLAIM DEEDS. Carried
unanimously.
VASONA HEIGHTS/BLOSSOM HILL 300/TRACT 8280/RESOLUTION 1992-98 (20B.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-
98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A MODIFIED PUBLIC IMPROVEMENT AGREEMENT IN
CONNECTION WITH DEVELOPMENT OF TRACT 8280. Carried unanimously.
YARD SETBACKS/ACCESSORY STRUCTURES/ORDINANCE 1902 (21.46)
ZONING ORDINANCE AMENDMENT A-90-12
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1902
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
TO MODIFY THE REQUIRED YARDS FOR ACCESSORY STRUCTURE OTHER THAN
SECONDARY DWELLING UNITS AND ACCESSORY LIVING QUARTERS, which was
introduced at the meeting of May 4, 1992. Carried unanimously.
TOWN CODE AMENDMENT/NONCONFORMING/ORDINANCE 1903 (22.46)
ZONING ORDINANCE AMENDMENT A-91-7
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1903
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING FOR
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NONSUBSTANTIVE CHANGES TO THE NONCONFORMING CHAPTER OF THE TOWN
CODE, which was introduced at the meeting of May 4, 1992. Carried unanimously.
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VERBAL COMMUNICATIONS
WEEDS/FIRE HAZARD
Mrs. Jo Bartlet, 166 Oak Hill Way, asked for help with weed removal on Oak Hill Way and
Foster Road, as it presents a fire hazard.
Jerome Gotozski, asked why MidPenninsula Open Space doesn't close to the public during
the drought in the hillside hazardous fire areas, and suggested that the area close during this
time, or for MidPenninsula to provide water protection. Mayor Carlson answered that they
control the openness of their area, but the Town could suggest to them that it be closed
during the high fire risk season.
HEARINGS
FIRE AREAS/HAZARDOUS DESIGNATIONS/ROOFING REQUIREMENTS/HEARING
BUILDING CODE AMENDMENT/RESOLUTION 1992-99 (23.13)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider directing staff to amend the Uniform Building Code to increase fire safety related to
roofing requirements and adoption of resolution expanding the Hazardous Fire Area
designation.
Mr. Baker, Town Building Director, explained the conditions of the proposed ordinance, and
what roofing materials are in which class.
The following people from the audience spoke to this issue:
Tom Greemore, roofing contractor, submitted information regarding the safety and price
range of having a metal tile roof installed.
Dave Bowen, building designer, 16000 Soda Springs Road, stated that he believes the
proposed Class A roofing standard would be unreasonable for the reason of cost and also
the reason of aesthetic design.
George Andriautus, believes tree maintenance is the key to preventing fire hazards.
Margaret Gusterson, stated that she also feels that the trees need to be pruned, but said it
would also be helpful to institute a townwide informational program to let the homeowners
know how to best secure their homes.
Michael LaRocca, Town Park Forestry & Maintenance Director, explained the Town's tree
maintenance schedule.
Andy Radnich, roofing contractor, explained some additional burdens to the homeowner
regarding roof replacement.
Michael Wesfall, opposes the proposed ordinance because he feels that a Class C rating
is adequate, and Class A ratings should not be required. (submitted report)
Bob Burns, stated his support for a Class A rating.
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Richard Gains, stated that cost needs to be considered when thinking about the proposed
ordinance; and that tree maintenance also needs to be improved.
William Greemore, spoke about the cost of roof replacement.
Michael Hamlin, stated that the proposed ordinance would give people a false sense of
security.
Doug Sporleder, Central Fire-Fire Chief, supports staffs recommendation for the proposed
ordinance.
No one else from the audience addressed this issue.
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Motion by Mr. Ventura, seconded by Mr. Blanton, that Council close the public hearing.
Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-99
entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXPANDING THE SANTA
CLARA VALLEY CENTRAL FIRE DISTRICT FIRE HAZARD MAP. Motion withdrawn.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-99
entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXPANDING THE SANTA
CLARA VALLEY CENTRAL FIRE DISTRICT FIRE HAZARDS MAP. Carried by a vote of 3
ayes. Mr. Ventura and Mrs. Benjamin abstained due to a possible conflict of interest.
Motion Mr. Attaway, seconded by Mr. Blanton, to expand the current roofing standard of
a Class A or Class B rating to the newly designated Hazardous Fire Area. Carried by a vote
of 3 ayes. Mr. Ventura and Mrs. Benjamin abstained due to a possible conflict of interest.
Motion by Mr. Attaway, seconded by Mr. Blanton, to increase roofing standards to
require a Class a rating in the fire hazard area, and to include the historical designated home
in the fire hazard area, upon approval by the Building Official and/or Planning Director, could
install a Class C rated roof. Mayor Carlson opposes the motion because he feels Class B
provides more options for the residents, and Class A includes metal tile roofs which he feels
to be dangerous. Motion withdrawn, current standard will be kept in order for further study to
be done of the safety of installing metal roofs.
Non fire hazard area will remain as it is.
SOLID WASTE MANAGEMENT/COSTS AND RATES/HEARING (24.07)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider public comment regarding draft resolution amending solid waste management costs
and rates.
Regina Falkner, Community Services Manager, discussed the objectives of the hearing,
what will happen in the near future, and summarized the council report.
Mayor Carlson, thanked the Solid Waste Management Committee for all their hard work on
this item.
The following people from the audience spoke to this issue:
Pete Siemens, supports the staff recommendation, but thinks Los Gatos needs a yard
waste pick-up program.
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Richard Gains, 340 Johnson Avenue, agrees with the staff report, but would like to see a
fair yard waste system developed so that small lot owners would not be penalized.
Mary Alice Blice, 484 Woodland Avenue, stated that the Community Services Commission
has discussed yard waste, and submitted some of their suggestions.
No one else from the audience addressed this issue.
Mrs. Benjamin asked for Green Valley to send a list of recyclable items with the next billing.
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Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council continue this item to
June 1, 1992, and reaffirm the subcommittees focus. Carried unanimously.
TRANSPORTATION AUTHORITY/COUNTY ENTITY/RESOLUTION 1992-97 (19.40)
Mayor Carlson indicated that this was not a Public Hearing but since Mr Guardino had asked
for the matter to be pulled from the consent calendar, he would allow them three to five
minutes to make their point.
Gary Burk, President of Santa Clara County Manufacturing Group, and representative of
the Citizens Coalition for Traffic Relief. He urges support for two items. First to approve the
expenditure plan, and second to concur with the proposed composition of a Santa Clara
County Local Transportation Authority to be created by the Board of Supervisors. Mr. Burk
presented an overview of the plan and the guidelines regarding the ballot initiative for
November.
Carl Guardino, Transportation Director for Santa Clara County Manufacturing Group,
highlighted the expenditure plan which has been titled the Santa Clara County Congestion
Relief and Transit Improvement Plan and the expenditure plan which includes a rail
element, a mass transit bus element and a road element. The emphasis is 92% for rail and
mass transit and includes the Vasona Corridor.
Robert Hawen, Member of the Board of Directors of the Greenbelt Alliance, asked for
support of Measure T, the Transit initiative, which Mr. Burk and Mr. Guardino have
explained.
Mayor Carlson stated that the Traffic Authority had done an outstanding job of how to
spend the money, but a very poor job of how to set up the Authority. He is concerned about
the fact that the Authority became an independent entity and the people who voted the
money in, lost control. The voters were promised things, as part of Measure A, that they are
not going to get. He feels that the Authority needs to be restructured and that it should
consist of the elected representatives of the people. Decisions should go back to the local
representatives for majority approval of the City Councils if the Authority runs out of money
for any particular project.
Mayor Carlson stated that a majority of the City Councils, or a majority of the actual voters,
should be required in order to take a project off the Plan or make changes.
Mr. Blanton agrees with the Mayor and would like to see his concerns addressed, but will
support the Resolution because of the desperate need for mass transit.
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Mr. Attaway would like to see Los Gatos be the first to stand up and say that the Authority
should be structured differently and he believes that the people will not be represented as
well as they might be if the local Council was represented.
Mrs Benjamin has the same concerns about accountability to the voters. However, she will
support the proposal before them and encourages them to go to the voters directly or at least
to the elected officials.
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Mr. Ventura shares the concerns of Mayor Carlson and feels that the agency is applicable
to the CMA regarding voter accountability. He also feels that the citizens committee will be
weak and in effective with inexperienced people on it and that the agency will not be
effective in trying to oversee and provide a veto power. He has concerns about how the
Measure A program was governed by the Traffic Authority Board. The City of San Jose
played petty politics to the detriment of Los Gatos which caused Los Gatos to hire a private
lobbyist in order to maintain local control in planning Route 85. He will, however, support the
project and the proposal because he believes it will provide things that our community needs
as well as address County needs.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to adopt Resolution 1992-97
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CREATION OF A SANTA
CLARA COUNTY LOCAL TRANSPORTATION AUTHORITY . Carried by three ayes. Mr
Attaway and Mayor Carlson voted no.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to amend Resolution 1992-97
to include the following: Now, Therefore, Be It Resolved that this Town Council supports
the attached proposed County resolution (Exhibit A) necessary to establish a Santa Clara
County Local Transportation Authority and approves the expenditure plan attached as
Exhibit B.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to adopt Resolution 1992-97 as
amended RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CREATION OF A
SANTA CLARA COUNTY LOCAL TRANSPORTATION AUTHORITY. Carried by three
ayes. Mr. Attaway and Mayor Carlson voted no.
Mayor Carlson stated for the record that it was not the funding that he and Mr. Attaway
are opposed to, the Authority is the reason for their no votes.
MINUTES OF MAY 4, 1992 (25A.V)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of
May 4, 1992 as submitted. Carried unanimously.
MINUTES OF MAY 11, 1992 (25B.V)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of
May 11, 1992 as submitted. Carried unanimously.
WOOD BURNING STOVES/TOWN CODE AMENDMENT/ORDINANCE INTRODUCTION
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(26.13)
Mayor Carlson stated that this was the time and place duly noted to consider the regulation
of wood burning appliances.
No one from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council waive the reading of the
draft Ordinance. Carried unanimously. The Town Clerk read the Title of the draft
Ordinance.
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Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance
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, with an amendment allowing exceptions for wood burning appliances of
original style in historic homes as determined by the Building Official and Planning Director,
and unique wood burning appliances as determined by the Building Official. Carried by a
vote of 3 ayes. Mr. Ventura and Mayor Carlson voted no. Mayor Carlson voted no because
he feels that there shouldn't be so many exceptions made, when we have such a great air
pollution problem.
SPECIAL EVENTS ORDINANCE/ORDINANCE INTRODUCTION (27.46)
Mayor Carlson stated that this was the time and place duly noted to consider introduction of
the Special Events Ordinance.
The following people from the audience spoke to this issue:
Carol Musser, appreciated the time the Town staff spent working on the Ordinance, and
asked questions about the changes, and if the Ordinance should be reviewed by some
additional agencies. The Town Manager answered that the new Ordinance provided an
easier process for obtaining a permit, and some provisions for allowing signs.
John Lochner, 150 Crefield Heights, asked who the risk manager would be, and what the
fee schedule would be. The Town Manager explained these issues.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council waive the reading of the
draft Ordinance. Carried unanimously. The Town Clerk read the Title of the draft
Ordinance.
Mr. Attaway, asked why there is a charge for obtaining a special events permit. Mayor
Carlson stated that its because the town has a cost recovery policy.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance
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 unanimously.
RENT ADVISORY COMMITTEE/PETITION/BONNIE VIEW MOBILE HOME PARK (28.16)
Informational report from staff identifying legal risks of reinstituting vacancy control was
received and filed.
The Town Manager stated that a Mr. Chuck Williams, 484 Woodland # 72, telephoned the
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Managers Office and stated that he supports action to move toward vacancy control.
The following people spoke from the audience:
Susan Fish, Chair of the Rent Advisory Commission, 16070 Greenridge Terrace, explained
why Commission asked for further clarification. Their concerns relate mainly to vacancy
control and they would like Council to act on that issue as quickly as possible due to gouging
at one Mobile Home Park.
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Jack Cole, 14685 Oka Road, indicated that the present Los Gatos Rent Ordinance was not
in compliance with "Keren" because there are pass throughs in the Ordinance. If the pass
through are illegal today, then Mr. Cole feels, they were illegal in 1984.
Mayor Carlson clarified that it was not just vacancy control that people where interested in,
but also the pass through.
Sue Fish explained why RAC had separated the "pass through" from "vacancy control". She
stated that there are obvious problems with vacancy control that is urgent and needs fixing.
Pass through will require a legal analysis.
Motion by Mr. Ventura, seconded by Mr. Attaway, that both issues be set for a hearing
before the appropriate body as soon as possible. Carried unanimously.
STORM DRAIN MAINTENANCE/WEST VALLEY SANITATION DISTRICT (29.37)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1992-99
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR CLEANING A
PORTION OF THE STORM DRAIN SYSTEM.
CITY OF SAN JOSE/NEGATIVE DECLARATION/LANDFILL BUSINESS TAX INCREASE.(29A.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to authorize the Town Manager to
prepare a letter to the City of San Jose commenting on proposed negative declaration done in
conjunction with the landfill business tax increase and that the letter be faxed due to the time
constraints of ten days to protest the action. Carried unanimously.
MEETINGS/OPEN AND PUBLIC/TOWN POLICY (30.10)
Mr. Blanton gave a synopsis of the committee report and the recommendations which were
submitted by himself and Mr. Ventura.
Town Attorney, Kate Anderton, explained the contrast between a semi adjudicatory
decisions and legislative decisions that the Council addresses.
Mayor Carlson and Council Member Ventura indicated that a statement was needed on the
policy that says that the Council will not participate in discussions with a third party.
By consensus, Mayor Carlson added to Item number three (3) of the policy "in addition....
Council Members shall refrain from discussions with third parties if that discussion involves
representation of votes of how one or more Council Members may vote.
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Mrs. Benjamin indicated her concerns about sitting on non profit organization Board of
Directors and stated that policy has been that it would be a conflict of interest.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that item number five be added to
the Policy Statement to read: "Council Members may not sit on Boards of Directors of non
profit organizations which receive funding or in kind contributions from the Town." Carried
unanimously.
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Mayor Carlson suggested that each year Council Member sign the Policy Statement, like
they do the FPPC Conflict of Interest Statements which will help them be more aware of the
Brown Act.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Town
Council Policy on public access to Council decision making with the addition of item five and
item number three slightly amended. The written policies to be handed out to each Council
Member once a year at the start of each year and to be given to new Council Members upon
taken the oath. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to send a letter, under the Mayor's
signature to send a letter to the State Legislature informing them of our policy. Carried
unanimously.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adjourn this evening's
meeting at 11:27 p.m. Carried unanimously.
ATTEST:
MarLyn J. Rasmussen
Executive Assistant
Senior Deputy Clerk
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