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M 03-02-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY March 2, 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 7:37 p.m., Monday, March 2, 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. PRESENTATION/TREE CITY USA/12TH CONSECUTIVE YEAR/AWARD Mayor Carlson accepted the 12th Annual Tree City USA Award from Stephen Scott of the California Department of Forestry. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. 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/FEBRUARY 1992 (04.V) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of February 2 through February 15, 1992 in the amount of $206,355.69 paid on February 21, 1992. Carried unanimously. TC:D3:MM030292 ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 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 $293,544.69 paid on February 14 and February 21, 1992. Carried unanimously. CLAIM REJECTION/BRIAN CANE (06A.01) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council reject the claim of Brian C. Cane filed January 31, 1992 with the Town Clerk. Carried unanimously. TC:D3:MM030292 March 2, 1992 Los Gatos, California CLAIM REJECTION/CHUBB & SON, INC. (06B.01) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council reject the claim of Chubb & Son, Inc. filed January 30, 1992 with the Town Clerk. Carried unanimously. CLAIM REJECTION/ANDREW SHELTON (06C.01) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council reject the claim of Andrew Shelton filed February 7, 1992 with the Town Clerk. Carried unanimously. VASONA CORRIDOR/RAIL LINE/LETTER IN SUPPORT (07.40) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council authorize the Mayor to sign letter to Santa Clara County Board of Supervisors in support of Vasona Corridor Rail Line. Carried unanimously. 8805 PROJECT/LOT 4/REMEDIATION FINANCING/RESOLUTION 1992-27 (08.35) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE TOWN OF LOS GATOS AND DIRECTING CERTAIN ACTION. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Blanton, that Council direct staff to prepare a debt financing alternatives analysis for presentation to Council. Carried unanimously. TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1992-28 (11.10) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried unanimously. COMMUNITY SERVICES/COMMENDATION/CATHERINE FISHER/RESO 1992-29 (13.23) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CATHERINE KLEIN-FISHER OF THE LOS GATOS COMMUNITY SERVICES COMMISSION. Carried unanimously. COMMUNITY SERVICES/COMMENDATION/VALORIE HILL/RESOLUTION 1992-30 (13.23) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING VALORIE HILL OF THE LOS GATOS COMMUNITY SERVICES COMMISSION. Carried unanimously. MID-PENINSULA HOUSING/WEST VALLEY OPEN DOORS/RESOLUTION 1992-31 (14.19) TC:D3:MM030292 March 2, 1992 Los Gatos, California Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE: 1) A SECOND AMENDMENT TO THE COOPERATION AGREEMENT WITH MID-PENINSULA HOUSING COALITION AND WEST VALLEY OPEN DOORS TO CHANGE THE TOWN EXEMPTION OF IMPACT AND PLANNING FEES; AND, 2) AN AGREEMENT TO CANCEL INTEREST ON DEBT IN EXCHANGE FOR SOLE NONPROFIT OWNERSHIP. Carried unanimously. TC:D3:MM030292 March 2, 1992 Los Gatos, California MONTCLAIR 261/TREE REMOVAL/SEWELL/APPEAL/RESOLUTION 1992-32 (15.09) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN APPEAL OF THE PLANNING DIRECTOR DENYING A REQUEST TO REMOVE A PROTECTED TREE ON PROPERTY IN THE R-1:20,000 ZONE. Carried by a vote of 3 ayes. Mr. Ventura and Mr. Attaway voted no. VERBAL COMMUNICATIONS Egon Jensen, 182 Lester Lane, spoke regarding commissioners making policy statements on issues which have nothing to do with the goals and objectives of the commissions they are serving on. Jo Bartlett, 166 Oak Hill Way, feels that appointed commissioners should work on their appointed assignments and not waste their time and staff's valuable time in policy issues that do not relate to their designated duties. HEARINGS HISTORIC DISTRICT/OVERLAY ZONES/ZONING ORDINANCE AMENDMENTS (16.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council remove this item from the agenda until such time as a new public hearing has been scheduled and the Planning Commission has an opportunity to consider the amendments. Carried unanimously. LOS GATOS BLVD 15827/BURGER KING/SLACK/APPEAL/HEARING (17.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to deny a request for permission to operate a fast food restaurant without alcoholic beverages on property in the CH zone. Architecture and Site Application S-67-28A. Property is located at 15827 Los Gatos Boulevard. Property owner, John W. Pace. Applicant, Greg Slack (Burger King Restaurants). No one from the audience addressed this issue. TC:D3:MM030292 March 2, 1992 Los Gatos, California Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council deny the appeal and accept the applicant's request to withdraw his application. Carried unanimously. TC:D3:MM030292 March 2, 1992 Los Gatos, California HEARINGS CONTINUED WEEDS DECLARED A NUISANCE/PUBLIC HEARING/RESOLUTION 1992-33 (18.27) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider the declaration of weeds being a nuisance. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to adopt proposed resolution. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Blanton, to reconsider the previous motions, and reopen the public hearing so that a member of the public can address the issue. Carried unanimously. The following person addressed this issue: Sam Yablonsky, 132 Tait Ave., asked Council to look into the method that generates weed abatement notices going to the public from the Fire Marshal's Office. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried unanimously. Consensus motion by Mr. Ventura, requesting staff to inquire as to the criteria used by the Fire Marshal's Office in determining the presence of weeds that constitute a nuisance and the impetus which stimulates the sending of these abatement notices. FEES FOR TOWN SERVICES/PUBLIC HEARING/RESOLUTION 1992-34 (19.05) ORDINANCE INTRODUCTION Mayor Carlson stated that this was the time and place duly noted for public hearing to consider amendment to fees, rates and charges for goods and services provided by Administrative Services, Clerk's Office and Planning Department. No one from the audience addressed this issue. Council discussion concluded that a fee comparison with other jurisdictions is warranted TC:D3:MM030292 March 2, 1992 Los Gatos, California before deciding on adoption of administrative fees. Council stated that Town, as a public agency does not limit access to the public's records, nor charge for access, but is considering cost recovery for document duplicating services. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council continue the public hearing, specifically as it relates to the proposed General Administration Fees, to April 6, 1992, and that Council close the public hearing as it relates to all other issues. Carried unanimously. TC:D3:MM030292 March 2, 1992 Los Gatos, California HEARINGS CONTINUED FEES FOR TOWN SERVICES CONT. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to delete the words "and General Administration" from the second "Resolved" of the proposed resolution noted as Attachment 1 of the staff report. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992- 34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING SCHEDULE OF SERVICE FEES FOR BUILDING, COMMUNITY SERVICES, ENGINEERING, GENERAL ADMINISTRATION SERVICES, LIBRARY, PARKS, FORESTRY AND MAINTENANCE, PLANNING, AND POLICE AND AMENDING CERTAIN FEES FOR PLANNING AND REPEALING PREVIOUS RESOLUTIONS. This resolution amended in the second "Resolved" to remove reference to "General Administration." Carried unanimously. Consensus of Council to Continue the proposed ordinance establishing filing fee for election services to April 6, 1992. CALFHILL COURT 116/VACATION/STORM DRAIN/RESOLUTION 1992-35 (12.08) Mayor Carlson stated that this was the time and place duly noted consider abandoning a ten- foot wide strip of excess public storm drain easement and a five-foot strip of excess public service easement in the rear yard at 116 Calfhill Court. The following person from the audience spoke regarding this subject: Aaron Lepold, 116 Calfhill Court, requested that the easement on his property be abandoned and that Town not charge owner for value remitted to title since an appraisal has shown that the easement abandonment does not effect the property value. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992- 35 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF PUBLIC STORM DRAIN AND PUBLIC SERVICE EASEMENTS AT 116 CALFHILL COURT. This resolution is adopted using a class four appraisal finding zero property value to the easement abandonment and includes in its adoption direction to staff to return report and written policy to Council with amendments to current Town policy as follows: an independent appraisal to be made, (firm to be chosen by Town but paid for by applicant,) which would indicate the value of the property to the owner and the value of the property to the Town; from this appraisal Town would set the value of the abandonment. Carried TC:D3:MM030292 March 2, 1992 Los Gatos, California unanimously. TOWN TREASURER/ELECTION VS APPOINTMENT/JUNE PRIMARY BALLOT (22.10) Mayor Carlson stated that this was the time and place duly noted to consider report on placing an issue on the June 2, 1992 ballot regarding Council appointment vs. election of a Town Treasurer. TC:D3:MM030292 March 2, 1992 Los Gatos, California TOWN TREASURER CONT. The Mayor stated that he had received several requests to leave the situation as it stands and no requests to place the question on the ballot. The other Councilmembers stated the same. There was no one in the audience requesting this matter to be placed on the ballot when the Mayor asked. The Mayor then inquired if there were people in the audience who wished to leave the situation as it is. Several people in the audience raised their hands. Council consensus to drop this issue from the agenda and follow Council's previous policy not to put this question on the ballot unless there is citizen request to do so. The following people from the audience addressed Council: Jo Bartlett, 166 Oak Hill Way, commended present Town Treasurer for a job well done, and agreed with Council's decision to drop this issue. Dot Perry, 161 Prospect Ave., spoke in favor of retaining the elected treasurer's position. There was no one else from the audience to speak on this issue. Mrs. Benjamin stated that there are no real checks and balances. Council sets the investment policy which the treasurer invests. Treasurer's signature verifies presence of sufficient funds to cover expenditures which Council has approved in open session during budget hearings. Joan Schreiner, Town Treasurer, stated that Council and Town should be looking for a technically competent and qualified candidate to hold the position. MINUTES OF FEBRUARY 18, 1992 (20.V) Mr. Ventura requested additional comment be added to page 6, Intersection Modifications, Motion by Mrs. Benjamin, last sentence, to read "voted no having requested additional landscaping to mitigate the loss of shrubbery on the median strip and for safety reasons involved with the additional turning options provided." Mr. Ventura requested additional comments and discussion be added to page 7, Parking Lot #4 Modifications. The following paragraph was added: "Discussion by Council covered the following considerations: Due to consultant's lack of closure on this project Council will request that they perform the next segment at cost; Council will view action on this proposal and project segment before determining the project manager for continuation of this project." Mr. Attaway, requested correction to page 6, Revocable Encroachment Permits, Motion, that the motion reflect four benches rather than eight. Mr. Attaway requested Clerk check vote on page 3, Consent Item 20. The vote was found to be correct as heard on the tape. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of TC:D3:MM030292 March 2, 1992 Los Gatos, California February 18, 1992 as amended. Carried unanimously. TRANSPORTATION DEMAND MANAGEMENT PROGRAM/RESOLUTIONS 1992-36 & 1992-37 ORDINANCE INTRODUCTION (21.40) Mayor Carlson stated that this was the time and place duly noted to consider the Transportation Demand Management Program establishing requirements for transportation demand management program; authorizing Commuter Network to administer the Transportation Demand Program for the Town; and designating the Congestion Management Agency as the recipient of the Town's AB 434 funds (vehicle registration fees). TC:D3:MM030292 March 2, 1992 Los Gatos, California TRANSPORTATION DEMAND CONT. The following person from the audience spoke regarding this subject: Mike Evenhow, Executive Director of the Santa Clara County Congestion Management Agency, spoke regarding the plans of the agency and the plans for funding. He explained to Council that in order to be in compliance with the two pieces of state legislation Council should designate Commuter Network as their Administrator and pass resolution designating Congestion Management as recipient of funds. Congestion Management will assist Town in implementing requirements under the ordinance and state law. With these steps in place Town may delay implementation until Congestion Management Program gets down to 250 employees. His feeling was that the administrative fee requirement may become moot. Also the vehicle registration fees contributed are only the additional two dollars which will be assessed this April and next October. Further state legislation would be necessary to continue the funding. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried unanimously. The Town Clerk read the title of the draft ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING REQUIREMENTS FOR TRANSPORTATION DEMAND MANAGEMENT PROGRAM. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992- 36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE COMMUTER NETWORK OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS THE AGENCY AUTHORIZED TO ADMINISTER THE PROVISIONS OF THE TRANSPORTATION DEMAND ORDINANCE ON BEHALF OF THE TOWN OF LOS GATOS. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992- 37 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS RECIPIENT OF AND OVERALL PROGRAM MANAGER FOR AB 434 (SHER-1991) VEHICLE REGISTRATION FEE REVENUES. Carried by a vote of 4 ayes. Mr. Ventura voted no stating that we are buying into this program too soon and Los Gatos is not a major contributor to the traffic congestion problem of this county. STORM WATER MANAGEMENT PROGRAM/WEST VALLEY SANITATION DISTRICT TC:D3:MM030292 March 2, 1992 Los Gatos, California (23.27) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council accept report and direct staff to return with an agreement for service on March 16, 1992. Carried unanimously. OPEN MEETING PROCESS/COUNCIL POLICY COMMITTEE (24.10) Motion by Mr. Attaway, seconded by Mr. Ventura, that Council ask the Council Policy Committee to identify ways to make the Council meeting process more public and report back to Town Council. Carried unanimously. TC:D3:MM030292 March 2, 1992 Los Gatos, California HAZARDOUS MATERIALS/URGENCY ORDINANCE 1891 (25.46-07) Mayor Carlson stated that this was the time and place duly noted to consider introducing and adopting an urgency ordinance amending and adding provisions to Chapter 13, Article II of the Los Gatos Town Code regarding storage of hazardous materials. Kate Anderton, Town Attorney, stated that this Ordinance Amendment makes sure that to the extent that there is contamination existing on any of the properties in the Town that the maximum tools are available for securing compliance and enforcement to remove any materials which do require removal in order to protect the natural resources and environment. The urgency findings are included in the Ordinance itself. Motion by Mr. Ventura, 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. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce and adopt Urgency Ordinance 1891 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 13 OF THE LOS GATOS TOWN CODE. Carried unanimously. ABATEMENT OF VIOLATIONS/ORDINANCE INTRODUCTION (26.46) Mrs. Anderton stated that this Ordinance clarifies and codifies what is the common law regarding public nuisance generally and switches the burden of proof so that when the Town has determined there is a public nuisance either because of violation of the code or other particular declaration it is clear that the Town is entitled to injunctive relief unless the person objecting can establish that they would be harmed irreparably. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 1.10.100 OF THE TOWN CODE. Carried by a vote of 4 ayes. Mr. Blanton abstained. 8805 PROJECT/LOT 4/REMEDIATION/INTERIM METHOD ENVIRONMENTAL HEALTH RESEARCH AND TESTING, INC. (09.35) Mark Linder, Assistant Town Manager, explained that Town has received additional clarification of the identification of the contamination of Parking Lot 4. Waste material has been identified as old crude oil which is consistent with what PG&E has established as being used in association with the gasification plant historically at that site. Appropriate remediation response will be delayed due to this information but the construction date for the parking facility should remain the same, November of 1992. TC:D3:MM030292 March 2, 1992 Los Gatos, California Mayor Carlson stated for Council that this finding of correlation between PG&E's use of the property and the current problem has indicated that there is some possible liability on the part of PG&E and Town intends to pursue its remedies to the fullest extent possible to PG&E and anyone else who might be associated with contaminating this site. TC:D3:MM030292 March 2, 1992 Los Gatos, California 8805 PROJECT/LOT 4/REMEDIATION/PROJECT MANAGER/RESOLUTION 1992-38 GEOMATRIX CONSULTANTS,INC. (10.35) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 38 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH GEOMATRIX TO OVERSEE REMEDIATION OF CONTAMINATION AT PARKING LOT 4. Carried unanimously. Mayor Carlson wished to compliment staff for working diligently on this issue, regarding the construction and the contamination problem. This work has been carried out simultaneously in as timely a manner as possible and in tandem with the litigation work for compensation and mitigation involving the contamination. ADJOURNMENT Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adjourn this evening's meeting at 9:15 p.m. Carried unanimously. Council adjourned to Redevelopment Agency Closed Session. ATTEST: Kim Kolerus Deputy Town Clerk Marian V. Cosgrove Town Clerk TC:D3:MM030292