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M 02-18-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY February 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 7:46 p.m., Tuesday, February 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. COMMUNITY SERVICES COMMISSION/APPOINTMENTS/MARY ALICE BLICE/DIANE WERP Mayor Carlson announced that this was the time for interviews of applicants for the Community Services Commission. Applications were received from Mary Alice Blice and Diane Werp. Voting was held and both applicants were reappointed to the Commission. Terms to expire 1/1/95. PARKING COMMISSION/APPOINTMENTS/WILLIAM MEYER/EDWARD STAHL Mayor Carlson announced that this was the time for interviews of applicants for the Parking Commission. Applications were received from Kurt Lemons, William Meyer and Edward Stahl. Voting was held and Mr. Meyer and Mr. Stahl were reappointed to the Commission. Terms to expire 1/1/96. PRESENTATIONS/AVOID THE 13 CAMPAIGN/ENFORCEMENT AWARDS Police Chief, Larry Todd, recognized Officer Ken Berry, Officer Tim Burns, and Officer Carl Lewis for their outstanding service in the "Avoid the 13 Campaign." Mayor Carlson presented each officer with a pin to be worn with their uniform. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D3:MM021892 COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the recommended action concerning County Referrals: REFERRAL NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION Projects Inside the Urban Service Area: 5165-29-50-92DR-92V 17650 Kilkenny Rd.C.E.D. Inc.Variance Approval Design Review Status of Previous Referrals/Appeals: 2913-30-49-91V South end of Tourney Rd. De Palma Variance Town's Appeal denied by County Carried unanimously. TC:D3:MM021892 February 18, 1992 Los Gatos, California PAYROLL/RATIFICATION/JANUARY 1992 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of 1/19/92 - 2/1/92 in the amount of $212,484.35 paid on February 7, 1992. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1992 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $207,198.92 paid on February 7, 1992. Carried unanimously. REVENUE ANALYSIS/JANUARY 1992 (05.05) Informational item giving a brief analysis of revenue collection was received and filed. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (06.47) Informational report submitted by the Attorney regarding Town Code Violations and steps to ensure code enforcement was received and filed. CLAIM REJECTION/KENNETH GREEN (07.01) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council reject the claim of Kenneth Green filed January 15, 1992 with the Town Clerk. Carried unanimously. ARBOR DAY/PROCLAMATION (08.47) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council issue a proclamation proclaiming March 7th as California Arbor Day in the Town of Los Gatos. Carried unanimously. CEREBRAL PALSY LEAGUE/ST. PATRICK'S DAY/FUND RAISER (09.23) Informational item regarding St. Patrick's Day fund raiser for the Cerebral Palsy Action League was received and filed. PHILLIPS AVE 17190/REVOCABLE ENCROACHMENT PERMIT/CLARK (13.08) Report regarding the denial of a request for a revocable encroachment permit to Richard E. Clark along the public right-of-way at 17190 Phillips Avenue was removed from the agenda by staff. FIRE PREVENTION & SAFETY (15.13) Staff recommended that Council continue this report on fire prevention and safety for the Town of Los Gatos to April 6, 1992. FIREPLACES & WOOD BURNING STOVES (16.13) Staff recommended that Council continue this report on the use of fireplaces and wood TC:D3:MM021892 February 18, 1992 Los Gatos, California burning stoves to March 16, 1992. 9212 PROJECT/WINCHESTER BOULEVARD RETAINING WALL/SPECIFICATIONS (18.35) Item regarding the adoption of resolution approving specifications and authorizing advertisement of Project 9212, Winchester Boulevard retaining wall was removed from the agenda by staff. TC:D3:MM021892 February 18, 1992 Los Gatos, California TERESITA AVENUE 101/McCANDLESS/APPEAL/RESOLUTION 1992-16 (20.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992- entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION FOR FURTHER REVIEW THE APPEAL OF A PLANNING COMMISSION DECISION APPROVING PLANS FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY IN THE HR-1 ZONE. ARCHITECTURE AND SITE APPLICATION S-90-49. Carried by 4 ayes. Mr. Ventura abstained. HISTORIC STRUCTURE DEMOLITION/ZONING ORDINANCE AMENDMENT (21.46) Item regarding an amendment to the Town Zoning Ordinance with respect to reports required for the demolition of historic structures (A-91-8) was removed from the agenda. SIGN ORDINANCE/AUTOMOBILE DEALERS/SPECIAL EVENTS/ORDINANCE 1890 (22.46) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1890 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT NEW PROVISIONS CONCERNING SPECIAL/PROMOTIONAL EVENTS FOR AUTOMOBILE DEALERS. Carried by a vote of 4 ayes. Mr. Ventura abstained. HAZARDOUS MATERIALS STORAGE/ORDINANCE 1889 (23.07) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 1889 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING AND ADDING CERTAIN SECTIONS OF RECODIFIED CHAPTER 13 OF THE TOWN CODE RELATING TO THE STORAGE OF HAZARDOUS MATERIALS CLARIFYING DEFINITIONS, GRANTING THE ENFORCING OFFICER AUTHORITY TO ISSUE ORDERS AND ESTABLISHING REVIEW OF SUCH ORDERS. Carried by a vote of 4 ayes. Mr. Ventura abstained. HEARINGS 8805 PROJECT/LOT 4/REMEDIATION OF CONTAMINATED SOIL/HEARING (24.35) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider public comment regarding the remediation method proposed for decontamination of soils at Parking Lot 4. No one from the audience addressed this issue. TC:D3:MM021892 February 18, 1992 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, to close this public hearing. Carried unanimously. Kate Anderton, Town Attorney, stated that all additional written comment to be submitted should the Town Attorney's Office. TC:D3:MM021892 February 18, 1992 Los Gatos, California HEARINGS CONTINUED MONTCLAIR 261/TREE REMOVAL/SEWELL/APPEAL/HEARING (25.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to deny the appeal of a decision of the Planning Director denying an application to remove a protected Eucalyptus tree on property in the R-1:10,000 zone, Architecture and Site Application S-91-70. Property is located at 261 Montclair. Property owner, John Sewell. The following person from the audience spoke to this issue: John Sewell, 261 Montclair, explained the situation to Council and asked for a mitigation plan in order to remove a tree from his property. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to grant the appeal due to the fact that the immediate neighborhood asked for the removal for safety reasons, and to grant replacement under our Town's provisions. Carried by 3 ayes. Mr. Attaway voted no, stating the need to apply policy with consistency. Mr. Ventura voted no, in wanting to uphold the Parks, Forestry and Maintenance Director's opinion that the tree is preservable and safe. BUS LAYOVER RELOCATION/SANTA CRUZ AVE S 145 (12.40) Mayor Carlson stated that this was the time and place duly noted to consider report recommending not to relocate to the 110 East Main Street bus layover to the 145 South Santa Cruz Ave bus depot for safety reasons. The following people from the audience spoke to this issue: Mike Hogan, 55 Church Street, asked that Council continue to consider this question and in the mean time to move the bus stop 100 feet east of its present location. Don O'Gorman, 55 Church Street, requested the same consideration. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to move the bus stop to the east as far as is possible. Carried unanimously. Mayor Carlson appointed Mrs. Benjamin and Mr. Ventura to work with the neighborhood and TC:D3:MM021892 February 18, 1992 Los Gatos, California county in looking for an alternate bus layover location. MINUTES OF FEBRUARY 3, 1992 (26.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, to approve the minutes of February 3, 1992, as submitted. Carried by a vote of 4 ayes. Mr. Ventura abstained. TC:D3:MM021892 February 18, 1992 Los Gatos, California COUNCILMEMBER'S ABSENCE Mayor Carlson absented himself from the meeting during the following agenda item due to a possible conflict of interest and requested Vice Mayor Benjamin to preside. INFORMATION SYSTEMS/HEWLETT-PACKARD/PENTAMATION/AGREEMENTS FINANCE SYSTEM/RESOLUTIONS 1992-19 & 1992-20 (27.28) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-19 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A CONTRACT AND LEASE WITH HEWLETT-PACKARD INC. FOR ADMINISTRATIVE COMPUTER SYSTEM HARDWARE, SOFTWARE, INSTALLATION, TRAINING, AND ASSOCIATED SERVICES. Carried by a vote of 4 ayes. Mayor Carlson absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A CONTRACT WITH PENTAMATION INC. FOR ADMINISTRATIVE COMPUTER SYSTEM FINANCE/ACCOUNTING SOFTWARE, INSTALLATION, TRAINING, AND ASSOCIATED SERVICES. Carried by a vote of 4 ayes. Mayor Carlson absent. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council authorize Manager to expend funds for miscellaneous products and services that are not included in the leasing arrangement related to the installation and operation of the administrative computer system (e.g., cabling, network software, temporary data entry personnel, installation travel expenses, hardware upgrades, phone line installation, contingency etc.). CABLEVISION/COMPLAINT TRACKING (28.24) Mayor Carlson stated that this was the time and place duly noted to consider television cable service provided by South Bay CableVision as subject to the requirements of the Town Code as further defined and explained by the franchise agreement. The following person from the audience spoke regarding this subject: Bill Haggerty, of South Bay Cable, Sunnyvale, discussed the rebuilding of the cable system and placement of fiber optics in Los Gatos. He was willing to provide a monthly report of subscriber complaints and to notify their customers of the intent to upgrade equipment. Motion by Mr. Ventura, that Council meet with South Bay Cable to get raw data on TC:D3:MM021892 February 18, 1992 Los Gatos, California service calls on a monthly basis and retroactive for 12 months. Motion died for lack of second. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to include in the Cable newsletter to customers, a cable complaint form; to also ask South Bay Cable to submit unmanipulated raw data from their computer print out on complaints received from customers. Carried by 4 ayes. Mr. Attaway voted no, stating the reason of the new equipment change over which will take at least nine months to be in place and will of itself be able to alleviate a goodly portion of complaints. TC:D3:MM021892 February 18, 1992 Los Gatos, California CONGESTION MANAGEMENT/COMMUTER NETWORK/TRANSPORTATION DEMAND INTRODUCTION OF ORDINANCE (29.38) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Town should join the Commuter Network and explain that the Town cannot afford the extra fees at this time other than those allowed by the AB434 vehicle registration fees, and that Council feels that the employers should bear the additional cost. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council designate the Congestion Management as the recipient of the AB434 funds. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this item to March 2, 1992 in order to act on a draft ordinance. Carried unanimously. TOWN TREASURER/COUNCIL APPOINTMENT VS ELECTION (30.10) Motion by Mr. Ventura, seconded by Mr. Attaway, to continue this item to March 2, 1992 for time in which to invite public comment. Carried unanimously. INTERSECTION MODIFICATIONS/LOS GATOS BLVD/PLACER OAKS (11.38) Mayor Carlson stated that this was the time and place duly noted to consider proposed intersection modifications at Los Gatos Boulevard and Placer Oaks Drive. The following person spoke to Council regarding this issue: Carl Cilker, 1631 Willow Street, San Jose, developer of shopping center, finds that the left hand turn pocket is critical to the remodeled center's success. No one else addressed Council on this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council grant the Planning Commission authority to approve any and all necessary intersection modifications at Los Gatos Boulevard/Placer Oaks Road to accommodate the reconstructed Blossom Hill Shopping Center. Carried by 3 ayes. Mr. Blanton abstained due to a possible conflict of interest. Mr. Ventura 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. REVOCABLE ENCROACHMENT PERMITS/29 & 49 E. MAIN STREET, 91 & 101 W. MAIN STREET, 6 N. SANTA CRUZ AVENUE/RESOLUTIONS 1992-21, 22, 23 & 24 (14.08) Mayor Carlson stated that this was the time and place duly noted to consider the requests for TC:D3:MM021892 February 18, 1992 Los Gatos, California revocable encroachment permits on the public right-of-way fronting to 29 and 49 E. Main Street, 91 and 101 W. Main Street, and 6 N. Santa Cruz Avenue. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to pass the following resolutions with the stipulation that 29 E. Main have four benches. After Council discussion Mrs. Benjamin withdrew her second. Motion died for lack of second. TC:D3:MM021892 February 18, 1992 Los Gatos, California REVOCABLE ENCROACHMENT PERMITS CONT. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR SIX BENCHES IN THE PUBLIC RIGHT-OF-WAY ALONG 29 E. MAIN STREET. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR FOUR BENCHES IN THE PUBLIC RIGHT-OF-WAY ALONG 91 AND 101 W. MAIN STREET. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-23 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR TWO BENCHES IN THE PUBLIC RIGHT-OF-WAY ALONG 6 N. SANTA CRUZ AVENUE, contingent upon the installation of a tree grate in the tree well fronting this address. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-24 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR THREE BENCHES IN THE PUBLIC RIGHT-OF-WAY ALONG 49 E. MAIN STREET. Carried unanimously. SANTA CRUZ AVE N 465/COMPLETION NOTICE (10.35) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for 465 North Santa Cruz Ave. Carried by a vote of 3 ayes. Mr. Blanton abstained due to leaving the room during this action. Mr. Ventura voted no due to lack of clarification regarding the issue. PARKING LOT # 4 MODIFICATIONS/BRIAN KANGAS FOULK/AGREEMENT/RESOLUTION 1992-25 (17.35) 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. TC:D3:MM021892 February 18, 1992 Los Gatos, California Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-25 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A LETTER OF AGREEMENT AMENDING THE 1990 AGREEMENT WITH BRIAN KANGAS FOULK FOR PARKING LOT 4 STRUCTURAL MODIFICATIONS. This offer to be restructured and include proposal that the company provide the remedial work at cost. Carried unanimously. MARIA'S BERRY FARM & WATER TOWER/PROJECT 9213/SERVICE CENTER-41 MILES AVENUE/RESOLUTION 1992-26 (19.40) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR MARIA'S BERRY FARM - RESTORATION - PROJECT 9213. Authorize staff to proceed with Phase II restoration of Maria's Berry Farm at 41 Miles Ave. and authorize additional funding for Architect to continue with project throughout Phase II construction. Carried unanimously. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Ventura, at 9:50 p.m., to continue this meeting to Closed Session following the Redevelopment Agency Meeting and then to continue to Closed Session, Monday, February 24, 1992, at 7:00 p.m. Carried unanimously. ATTEST: Kim Kolerus Deputy Clerk TC:D3:MM021892 February 18, 1992 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D3:MM021892