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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 TC:D3:MM051892 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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 TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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- TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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 TC:D3:MM051892 May 18, 1992 Los Gatos, California NONSUBSTANTIVE CHANGES TO THE NONCONFORMING CHAPTER OF THE TOWN CODE, which was introduced at the meeting of May 4, 1992. Carried unanimously. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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 TC:D3:MM051892 May 18, 1992 Los Gatos, California (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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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 TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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. TC:D3:MM051892 May 18, 1992 Los Gatos, California 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 TC:D3:MM051892