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M 06-15-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 15, 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 7:58 p.m., Monday, June 15, 1992, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton and Brent N. Ventura. Absent:Mayor Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION/NICK SZABO/CUPERTINO COUNCILMEMBER (X.10) Cupertino Councilmember, Nick Szabo, 10235 Crescent Drive, requested Council's support in being appointed to the New Traffic Authority to be in effect after voter approval in November. He spoke of his qualifications in management and traffic control. CLOSED SESSION REPORT (0.10) Town Attorney, Kate Anderton, stated that Council had met in Closed Session pursuant to Government Code Section 54956.9(c) to discuss Initiation of Litigation regarding Contract Administration, Landfill Business License Tax, and Transient Occupancy Tax. Contract Administration: Council authorized further exploration of potential liability. Landfill Business Licence Tax: Council, anticipating potential litigation related to this matter and inability to resolve through the political process the issues related to the increase that the City of San Jose is proposing, authorized Council representatives to participate in public comment regarding that potential increase and communicate by written correspondence the concerns of the Council. Transient Occupancy Tax: Council authorized resolution through acknowledgement of responsibility and secured payment plan. TC:D3:MM061592 Pursuant to Government Code Section 54956.9(a), Pending Litigation regarding Babineau vs Town of Los Gatos, Council authorized consent to extension of the trial date. ARTS COMMISSION/APPOINTMENTS/MINTY BROWN/LEE BUCHANAN TRACEY INDRA-STEPHENS (00.20) Applications were received for three vacancies on the Arts Commission from Minty Brown, Lee Buchanan, Doug Glovaski, Eric Hoffman and Tracey Indra-Stephens. Voting was held and Minty Brown, Lee Buchanan and Tracey Indra-Stephens were appointed to the commission, term ending July 1, 1995. TC:D3:MM061592 June 15, 1992 Los Gatos, California COMMUNITY SERVICES COMMISSION/MICHAEL JUMPER (000.20) Applications were received for one vacancy on the Community Services Commission from Khrys Auble, Michael Jumper and Lyn Starr. Voting was held and Michael Jumper was appointed to the commission, term ending January 1, 1995. LIBRARY BOARD/APPOINTMENT/SANFORD FREDERICKSON (0000.20) Applications were received for one vacancy on the Library Board from Sanford Frederickson. Voting was held and Mr. Frederickson was appointed to the board, term ending July 1, 1995. 212 PROJECT/WINCHESTER BOULEVARD/RETAINING WALL/RESOLUTION 1992-104 BID AWARD (01.35) Motion by Mr. Attaway, seconded by Mr. Ventura, that Council release the lowest bidder, Lionsgate Corporation, from its obligation to enter into a contract with the Town; award the contract to Progressive Pacific with second lowest bid of $146,215; adopt Resolution 1992- 104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PROGRESSIVE PACIFIC FOR THE CONSTRUCTION OF PROJECT 9212 - WINCHESTER BOULEVARD RETAINING WALL; and increase the budget for this project from $136,000 to $160,837 (Traffic Authority Funding). Carried by a vote of 4 ayes. Mayor Carlson absent. 8606 PROJECT/LOS GATOS CREEK TRAIL/BID AWARD/RESOLUTION 1992-105 (02.35) Motion by Mr. Blanton, seconded by Mr. Ventura, that Council contract to George Bianchi Construction with first lowest bid of $277,964; and adopt Resolution 1992-105 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GEORGE BIANCHI CONSTRUCTION FOR THE CONSTRUCTION OF PROJECT 8606 - LOS GATOS CREEK TRAIL. Carried by a vote of 4 ayes. Mayor Carlson absent. SCHEDULE OF PUBLIC HEARINGS (03.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS/JUNE 1992 (04.47) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council forward a recommendation of approval to the County of Santa Clara subject to conditions for 16148 Cypress Way, 5307-31-49-92DR, Olson, Design Review, in the Urban Service Area. Carried by a vote of 4 ayes. Mayor Carlson absent. PAYROLL/RATIFICATION/JUNE 1992 (05.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying TC:D3:MM061592 June 15, 1992 Los Gatos, California check registers for payroll of May 24, through June 6, paid on June 12, 1992 in the amount of $211,602.80. Carried by a vote of 4 ayes. Mayor Carlson absent. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1992 (06.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $272,725.55 paid on May 29 and June 3, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent. TC:D3:MM061592 June 15, 1992 Los Gatos, California BUDGET/FUND TRANSFERS/YEAR END/1991-92 (07.06) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve year end transfers for 1991-92 operating budget. Carried by a vote of 4 ayes. Mayor Carlson absent. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (08.47) Informational item received and filed. CLAIM REJECTION/STEVE E. ORISEK (09.01) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reject the claim of Steve E. Orisek filed with the Town Clerk on May 4, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent. MILES AVE 41/MARIA'S BERRY FARM/SECURITY SYSTEM (10.44) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve funding for commercial security system for Maria's Berry Farm Building at 41 Miles Avenue. Carried by a vote of 4 ayes. Mayor Carlson absent. TOURNEY ROAD 4/ANNEXATION/INITIATION/RESOLUTION 1992-106 (13.04) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOURNEY TOAD NO.4 TO THE TOWN OF LOS GATOS, and calling for a public hearing July 20, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent. Peter Lockhart, 17528 Tourney Road, had questions and issues he wished to address to staff. Council requested staff to meet with Mr. Lockhart after the meeting or during business hours. ENVIRONMENTAL CONSULTANTS/AGREEMENTS/RESOLUTION 1992-107 (14.11) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried by a vote of 4 ayes. Mayor Carlson absent. WORKER'S COMPENSATION/WILLIS CORROON/RESOLUTION 1992-108 (15.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH WILLIS CORROON FOR THIRD TC:D3:MM061592 June 15, 1992 Los Gatos, California PARTY ADMINISTRATOR OF THE TOWN'S WORKER'S COMPENSATION PROGRAM. Carried by a vote of 4 ayes. Mayor Carlson absent. TELEPHONE EQUIPMENT/GTE/MAINTENANCE/RESOLUTION 1992-109 (16.28) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE REVISED AGREEMENT WITH GTE CUSTOMER NETWORKS, INCORPORATED FOR TELEPHONE SYSTEM MAINTENANCE. Carried by a vote of 4 ayes. Mayor Carlson absent. TC:D3:MM061592 June 15, 1992 Los Gatos, California MANAGEMENT PLAN/COMPENSATION/RESOLUTION 1992-110 (17.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR FISCAL YEAR 1992-93. Carried by a vote of 4 ayes. Mayor Carlson absent. CONFIDENTIAL EMPLOYEES/COMPENSATION/RESOLUTION 1992-111 (18.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 111 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING COMPENSATION AND BENEFITS FOR CONFIDENTIAL EMPLOYEES EFFECTIVE JUNE 21, 1992 THROUGH JUNE 30, 1993. Carried by a vote of 4 ayes. Mayor Carlson absent. TEMPORARY EMPLOYEES/SALARIES/RESOLUTION 1992-112 (19.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 112 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SETTING TEMPORARY EMPLOYEE SALARIES EFFECTIVE JUNE 21, 1992 THROUGH JUNE 30, 1993. Carried by a vote of 4 ayes. Mayor Carlson absent. ELECTION SERVICES/NOVEMBER 3, 1992/REGISTRAR OF VOTERS RESOLUTION 1992-113 (20A.22) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992- 113 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 3, 1992; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES' FILING FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTION. Carried by a vote of 3 ayes. Mr. Ventura abstained. Mayor Carlson absent. VERBAL COMMUNICATIONS: BUS STOP ALBERTO WAY Don Mc Quire, 451 Alberto Way, spoke in support of the bus stop at Alberto Way and Saratoga Ave. He requested Council review the tapes he videoed of the location. RECYCLING Lizar Kuremzski, 16429 W. Mozart Lane, foreign exchange student from the Ukraine, requested Council implement a policy of mandatory recycling. MAIN STREET W 131/RESTAURANT OPERATION/RANKIN BUILDING LE BOULANGER/LEIN APPEAL/HEARING (21.09) TC:D3:MM061592 June 15, 1992 Los Gatos, California Mayor Carlson stated that this was the time and place duly noted for public hearing to consider appeal of 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. Motion by Mr. Ventura, seconded by Mr. Blanton, to continue this hearing to July 6, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent. TC:D3:MM061592 June 15, 1992 Los Gatos, California BUDGET/1992-93/RESOLUTION 1992-114 (11.06) Motion by Mr Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 1992-93 OPERATING BUDGET, with the understanding that the word processing section will be allocated full time employment by August. Carried by a vote of 3 ayes. Mr. Ventura abstained due to previous absence. Mayor Carlson absent. The following people addressed Council on this issue: Dave Gray, President of the Town's Employee Association, spoke regarding the word processors' reduction in hours for this year's budget. Sherri Strand, Word Processor, Town Employee, delineated her duties and the amount of service given to the departments in the Town. Linda Kent-Jansons, Word Processor, Town Employee, explained the numerous responsibilities assigned to the word processors and the upcoming conversion to the new computer system involving additional training and learning for the word processors and their support training of Town staff. No one else from the audience spoke to the Council on this issue. CAMINO DEL CERRO 16035/CERTIFICATE OF COMPLIANCE/CARSTENS APPEAL (20.09) RESOLUTION 1992-115 Motion by Mr. Blanton, seconded by Mr. Ventura, that Council uphold the wording in the current document and adopt Resolution 1992-115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE FOR PROPERTY IN THE R-1:20,000 ZONE, SUBDIVISION APPLICATION M-77-5B. (16035 CAMINO DEL CERRO/WILFRED CARSTENS.) Carried by a vote of 4 ayes. Mayor Carlson absent. The following person addressed this issue: Preston Hill, 196 W. Main St., representing the owner of 16035 Camino Del Cerro, requested a Council finding which would support the Planning Commission's decision. Kate Anderton, Town Attorney, opined that there was no finding of error in the Council's decision, and the finding of no error appropriately and thoroughly reflected the conclusions of the Council. No one else spoke regarding this item. MINUTES OF MAY 18, 1992 (22A.V) Mr. Ventura requested clarification on page 8 under "Measure T", the transit initiative, to reflect his concern regarding the political considerations which are tantamount in the TC:D3:MM061592 June 15, 1992 Los Gatos, California decision making process of the Traffic Authority Board. Mr. Blanton requested that page 6 be corrected to show the appropriate person making the second to the motion under roofing materials for use in fire areas, and that his support of class C roofs be noted. Motion by Mr. Blanton, seconded by Mr. Attaway, to approve the Minutes of May 18, 1992 as amended. Carried by a vote of 4 ayes. Mayor Carlson absent. TC:D3:MM061592 June 15, 1992 Los Gatos, California MINUTES OF MAY 26, 1992 (22B.V) Motion by Mr. Attaway, seconded by Mr. Ventura, to approve the Minutes of May 26, 1992 as submitted. Carried by a vote of 4 ayes. Mayor Carlson absent. MINUTES OF MAY 27, 1992 (22C.V) Motion by Mr. Attaway, seconded by Mr. Ventura, to approve the Minutes of May 27, 1992 as submitted. Carried by a vote of 4 ayes. Mayor Carlson absent. MINUTES OF JUNE 1, 1992 (22D.V) Mrs. Benjamin requested Page 1 under "Roll Call", reflect her presence at the meeting. Motion by Mr. Attaway, seconded by Mr. Ventura, to approve the Minutes of June 1, 1992 as amended. Carried by a vote of 4 ayes. Mayor Carlson absent. MINUTES OF JUNE 5, 1992 (22E.V) Motion by Mr. Attaway, seconded by Mr. Ventura, to approve the Minutes of June 5, 1992 as submitted. Carried by a vote of 3 ayes. Mayor Carlson absent. Mrs. Benjamin abstained. MINUTES OF JUNE 8, 1992 (22F.V) Motion by Mr. Attaway, seconded by Mr. Ventura, to approve the Minutes of June 8, 1992 as submitted. Carried by a vote of 3 ayes. Mayor Carlson absent. Mr. Ventura abstained. SOLID WASTE/RATES AND COSTS (23.07) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council maintain the solid waste management rates at the current levels until the Committee completes further work. Carried by a vote of 4 ayes. Mayor Carlson absent. RESIDENTIAL DESIGN GUIDELINES (24.47) Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item for thirty days to July 20, 1992. Carried by a vote of 4 ayes. Mayor Carlson absent. The following people from the audience addressed Council on this issue: David Trapinay, 540 Roxbury Lane, representing the Chamber of Commerce, requested a 30 day continuance in order to receive input from their members on this issue. David Morely, 42 Central Ave., representing the Board of Realtors, requesting a 30 day extension so as to bring the issue before the Board at its monthly meeting. No one else from the audience addressed this issue. BUILDING CODES/ORDINANCE INTRODUCTION (25.13) TC:D3:MM061592 June 15, 1992 Los Gatos, California Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mayor Carlson absent. The Town Clerk read the title of the draft ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLES III THROUGH V AND VIII THROUGH X OF CHAPTER 6 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO BUILDING REGULATIONS AND TO ADOPT THE 1991 BUILDING STANDARD REGULATIONS WITH 1991 STATE OF CALIFORNIA AMENDMENTS. Carried by a vote of 4 ayes. Mayor Carlson absent. TC:D3:MM061592 June 15, 1992 Los Gatos, California RISK COVERAGE/ABAG AGREEMENT/RESOLUTION 1992-116 (12.12) ASSOCIATION OF BAY AREA GOVERNMENTS Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992- 116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE REVISED RISK COVERAGE AGREEMENT WITH ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) Carried by a vote of 4 ayes. Mayor Carlson absent. BUDGET/STATE FINANCIAL CRISIS (25A.06) Motion by Mr. Ventura, seconded by Mr. Attaway, to have the Mayor or Vice-Mayor send a letter as soon as possible to the Town's State Legislators, addressing the following issues. Carried by a vote of 4 ayes. Mayor Carlson absent. Issues to be included in the letter: *Remove the maintenance of effort requirements for use of the gas tax. *Reform worker's compensation particularly in the area of stress claims. *Return to the majority vote on local geo bond issues instead of the 2/3rds vote currently required. *Reduce or eliminate the local matching requirements for state transportation funding. *Insure that Counties exercise the taxing powers the State has already given to them. *Only seven counties in California have authorized their existing authorization to increase business license fees and taxes. *Address the inequities of the special districts. *Eliminate the fiscal inefficiencies of County islands within municipal boundaries. MEASURE "T" COMMITTEE/APPOINTMENT (25B.17) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council support the decision of our representative to the Cities Association, Mrs. Benjamin, in selecting and voting for a representative to serve on the Measure "T" Committee, consensus being that someone from Campbell would be supportable. Carried by a vote of 4 ayes. Mayor Carlson absent. STUDY SESSION/SHADY LANE SUBDIVISION/COUNCIL & PLANNING COMMISSION (26.47) Council consensus that July 27, 1992 be tentatively set as the date for a joint Town Council Study Session/Planning Commission public hearing during a field trip to the proposed planned development on Shady Lane. COUNCIL POLICY/APPOINTMENTS/MEMBERSHIPS/AGENDA (27.10) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt the policies on appointments and memberships and on setting agendas, including amending the order of agenda by removing item "Approval of Agenda" from the order. Carried by a vote of 4 ayes. TC:D3:MM061592 June 15, 1992 Los Gatos, California Mayor Carlson absent. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Blanton, that Council adjourn this evening's meeting at 9:50 p.m. to Closed Session on June 29, 1992. Carried by 4 ayes. Mayor Carlson absent. ATTEST: Marian V. Cosgrove, Town Clerk TC:D3:MM061592