Loading...
M 01-04-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY January 4, 1993 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 7:54 p.m., Monday, January 4, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Joanne Benjamin. Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION (00.10) Jim Jackson, Interim Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957 to discuss a Personnel issue. Council discussed the process for hiring a new Town Attorney and the options for filling Mr. Jackson's interim position while he is on vacation. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations and certain personnel matters with the Assistant Town Manager. ARTS COMMISSION APPOINTMENT/EMERALD HATHAWAY-LOHR (00.20) Mayor Benjamin announced that two applications had been received for one vacancy on the Arts Commission from Emerald Hathaway-Lohr and Eric Hoffman. Mrs. Hathaway-Lohr was appointed to a term expiring July 1, 1995. BOARD OF APPEALS/APPOINTMENTS/SANDY DECKER/WARREN JACOBSEN (00.20) Mayor Benjamin announced that five applications had been received for two vacancies on the Board of Appeals from Sandy Decker, Michael Grabill, Warren Jacobsen, E. Gary Schloh and Mark Weiner. Voting was held and Sandy Decker and Warren Jacobsen were TC:D5:MM010493 reappointed to terms expiring January 1, 1995. COMMUNITY SERVICES COMMISSION/APPOINTMENTS/CHRIS WILEY TONI BLACKSTOCK/MARK WEINER (00.20) Mayor Benjamin announced that five applications had been received for three vacancies on the Community Services Commission from Khrys Auble, Toni Blackstock, Lyn Starr, Mark Weiner and Chris Wiley. Voting was held and Chris Wiley, Toni Blackstock and Mark Weiner were appointed to terms expiring January 1, 1996. TC:D5:MM010493 January 4, 1993 Los Gatos, California PARKING COMMISSION/APPOINTMENTS/STEVE ZIENTEK/KURT LEMONS (00.20) Mayor Benjamin announced that three applications had been received for two vacancies on the Parking Commission from Kurt Lemons, Mark Weiner and Steve Zientek. Voting was held and Steve Zientek and Kurt Lemons were appointed to terms expiring January 1, 1997. YOUTH ADVISORY COMMISSION/APPOINT'S/HEATHER RATH/SONJA SCHUEMANN (00.20) Mayor Benjamin announced that two applications had been received for two vacancies on the Youth Advisory Commission from Heather Rath and Sonja Schuemann. Heather Rath and Sonja Schuemann were appointed to terms expiring June 30, 1993. SOUTH BAY CABLE/BILL HAGGARTY/PRESENTATION (000.43) Mayor Benjamin welcomed Bill Haggarty from South Bay Cable who made a comprehensive presentation regarding the new fiber optic construction upgrade that will be taking place in incremental installments over the next year. TRAFFIC AUTHORITY/SANTA CLARA COUNTY/JIM LUCAS/PRESENTATION (000.43) Mayor Benjamin noted that presentation by Jim Lucas to the Town concerning the Traffic Authority would be held at a later date. COUNTY REFERRALS (02.47) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the recommended action concerning County Referrals: Referral #Location Applicant Request Recommendation a.Projects Outside Urban Service Area: 767 Beggs Road Pennington Devel. Co.Building Site No Comment b.Projects Inside Urban Service Area: 5475 15200 Blackberry Hill Rd.Stone Design Review Approval of residential remodel and deck area with one condition. Denial of trellis. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department was TC:D5:MM010493 January 4, 1993 Los Gatos, California received and filed. COUNCIL CALENDAR OF MEETINGS (04.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/DECEMBER 1992 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for payroll of November 22 through December 5, 1992 and December 6 through December 19, 1992 in the amount of $497,537.68 paid on December 11 and 24, 1992. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1992 (06.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify accompanying check registers for accounts payable invoices in the amount of $1,058,642.87 paid on December 4, 11, 18 and 24, 1992. Carried unanimously. HEPATITIS B/VACCINE/EMERGENCY RESPONSE (07.07) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize transfer of $5,577.00 from account #100-36510 Unrestricted Reserve, to account #4030-61004 Federally Mandated Hepatitis B Vaccine for emergency response personnel. Carried unanimously. SAN JOSE WATER CO/PARKING/LOT 4/CONSTRUCTION/8805 PROJECT (08.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize Town Manager to issue purchase order not to exceed $120,300 to San Jose Water Company for work related to Lot IV construction. Carried unanimously. TREE REMOVAL/APPLICATION PROCESS (09.27) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on tree removal application process for filing. Carried unanimously. ROUTE 85/CHANGEABLE MESSAGE SIGN/TRAFFIC (10.47) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on changeable message sign on Route 85 for filing. Carried unanimously. WATER DISTRICT/FLOOD CONTROL ZONE/ADVISORY COMMITTEE APPOINTMENT (12.20) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council nominate Frans Lind, Associate Civil Engineer, as Representative; John Givlin, Associate Civil Engineer, as Alternate 1; and Scott Baker, Director of Building Engineering Services, as Alternate 2, to the Central and North Central Flood Control Zone Advisory Committees. Carried unanimously. MUSEUM ASSOCIATION/LEASE AGREEMENT/RESOLUTION 1993-1 (13.44) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-1 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM ASSOCIATION. Carried unanimously. PLACE FOR TEENS/LETTER OF AGREEMENT FOR GRANT/RESOLUTION 1993-2 (14.23) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-2 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN TC:D5:MM010493 January 4, 1993 Los Gatos, California MANAGER TO CANCEL THE COMMUNITY GRANT LETTER OF AGREEMENT WITH A PLACE FOR TEENS DATED JULY 24, 1992, AND EXECUTE THE ATTACHED LETTER OF AGREEMENT. Carried unanimously. WEDGEWOOD AVE/VACATION/SOUTHERN PACIFIC/ROUTE 85/RESOLUTION 1993-3 (16.08) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-3 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF EXCESS PUBLIC STREET RIGHT-OF-WAY ON WEDGEWOOD AVENUE BETWEEN THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RIGHT-OF-WAY AND THE ROUTE 85 RIGHT-OF-WAY. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California ISTEA/MIDPEN OPEN SPACE DIST/GRANT APPLICATION/RESOLUTION 1993-4 (17.27) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-4 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE APPLICATION OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR FUNDS FOR THE SIERRA AZULE STAGING AREA PROJECT. Carried unanimously. RANKIN BLG/MONTEBELLO TERRACE/TRACT 8556/EASEMENT/RESOLUTION 1993-5 (18.31) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-5 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN EASEMENT WITH RESERVED POWER OF TERMINATION FOR TRACT 8556--MONTEBELLO TERRACE. Carried unanimously. RANKIN BLG/MONTEBELLO TERR/TRACT 8556/FINAL MAP/RESOLUTION 1993-9 (18.31) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-9 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT 8556. Carried unanimously. OVERLOOK RD 18507/OWNER BURKE/APPELLANT SORIA/RESOLUTION 1993-6 (19.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-6 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING REQUEST FOR APPROVAL OF PLANS TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY IN THE R-1:12,000 ZONE, ARCHITECTURE AND SITE APPLICATION S-90-47A, which incorporates the findings and decisions of the Town Council meeting of December 7, 1992. Carried unanimously. CONFLICT OF INTEREST CODE/ADDITION OF BID/ORDINANCE 1925 (20.18) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1925 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4, SECTION 2.30.6010 RELATING TO CONFLICT OF INTEREST CODE, which was introduced at the Town Council meeting of December 7, 1992. Carried unanimously. HEALTH OFFICER'S DECISION/AMENDING TOWN CODE/ORDINANCE 1926 (21.46) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1926 entitled, ORDINANCE OF THE TOWN OF LOS GATOS DELETING CODE OF THE TOWN OF LOS GATOS SECTION 22.20.050. APPEAL OF HEALTH OFFICER, which was introduced at the Town Council meeting on December 7, 1992. Carried unanimously. SANTA CRUZ AVE N/ANDREWS TO BLOSSOM HILL/ZONE CHANGE/LM TO C-1 TC:D5:MM010493 January 4, 1993 Los Gatos, California ORDINANCE 1927 (22.46) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1927 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAPS NOS 126 AND 139 FROM LM TO C-1 FOR SPECIFIC PROPERTIES LOCATED ALONG NORTH SANTA CRUZ AVENUE SOUTH OF BLOSSOM HILL ROAD AND NORTH OF ANDREWS STREET, which was introduced at the Town Council meeting of December 7, 1992. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California VERBAL COMMUNICATIONS Smoking Ordinance Tasso Pattas, owner of the "Flames" restaurant, requested Council's concern over his claimed 17% loss of business due to the implementation of the Smoking Ordinance January 1st. Agenda Item 27 James Poulson, 253 Oak Dale Dr., requested this item be moved forward on tonight's agenda. Handicapped Parking Jim Lewis, 156 Vista del Monte, noted that a $275 fine for parking illegally in a handicapped parking stall is in operation as of January 1st, and the Town is awarded $25 of the fine for administration of this law. Mr. Lewis requested additional vigilance in patrolling the handicapped parking spaces now that this duty could be considered cost effective. Community Concert Series John Herberich, 250 Cerro Chico Dr., spoke to Council regarding the Los Gatos-Saratoga Community Concert Assoc. and presented Council with two tickets each to attend one of the scheduled events. HEARINGS ROOF COVERINGS CLASS "A"/HAZARDOUS FIRE AREAS/PUBLIC HEARING (23.13) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider increasing minimum roof cover standard in hazardous fire area to Class "A" assemblies and banning reroofing over existing wood roofs when a concealed space is created. The following people from the audience spoke to this issue: Doug Sporeleder, of Central Fire, told Council he would answer any questions on this issue and is in support of staff's recommendation. Tom Gremore, 135 Greenhill Way, spoke against the use of metal roofs over old roofing materials. Pete Siemens, 69 Ellenwood, supports class A in high fire area. No one else from the audience addressed this issue. TC:D5:MM010493 January 4, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council direct staff to prepare draft ordinance amending Town Uniform Building Code requiring Class A minimum roofing assemblies for properties within the Hazardous Fire Area and prohibiting roof applications which create a concealed space over an existing wood roof. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California HEARINGS CONTINUED POLLARD ROAD 815/NME MASTER PLAN/COMMUNITY HOSPITAL/HEARING (24.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission approving a request for approval of a Master Site Plan for the Community Hospital and Rehabilitation Center on property in the O Zone, Conditional Use Permit Application U-74-18E and Negative Declaration ND-92- 1. Property located at 815 Pollard Road. Property Owner, NME Medical Corp. Applicant, Robert Elmore. Appellant, Chester Mallory and Joseph James Enfantino. The following people from the audience spoke to this issue: Chester Mallory, 1073 Lucot Way, Campbell, representing the West Parr Neighborhood Assoc., spoke against approval of the NME Master Plan in relationship to the impacts to the surrounding neighborhoods and requested an EIR. Joseph James Enfantino, 3196 Trinity Place, San Jose, is concerned about his property and wishes to be assured that the underlying zone on his property is not affected by Master Site Plan of the Hospital and requested assurances that the Master Plan confirm the current zoning on his property until such time as the hospital purchases that property. Truman Gates, Chief Executive Officer of the Community Hospital, spoke of the willingness of the project directors to work out a mitigation plan as it relates to impacts to neighborhoods, specifically traffic circulation and traffic dividers, signals and signs. Coros Tavari, owner of property on Dardenelli Lane, does not want Dardenelli Lane to become a cul-de-sac at any time. Nancy Burbank, 100 Belcrest Drive, asked Council to deny this plan in an attempt to initiate lower medical costs nationally. Stating that over building increases medical costs and that the first step to lower costs would have to come from local government limiting medical facility expansion. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council make the Negative Declaration finding that Town's initial study and definition of a collector street does not cause a significant impact on West Parr; noting that the Master Plan calls for mitigation of any impacts that may exist. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council make the findings of community benefit as required by the Town's Traffic Policy for approving projects with traffic TC:D5:MM010493 January 4, 1993 Los Gatos, California impacts. The benefits offset the traffic impacts associated with this project: the Master Plan improves the overall circulation on the site and the level of service on the adjacent streets and intersections; providing an aesthetically pleasing development and a modern medical facility benefiting the special needs of the community and public at large; in addition the Master Plan as proposed would contribute to more pedestrian orientation and pedestrian access, encouraging use of mass transit, an objective of the General Plan. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California HEARINGS CONTINUED POLLARD ROAD/COMMUNITY HOSPITAL/CONT. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council make the findings as required by Section 29.20.195 of the Town Code for approving Conditional Use Permits: the proposed uses of the Community Hospital and the medical office building and revisions to existing parking and circulation and addition of the three-story structure in the center of the site are essential to the public convenience and welfare because of the Master Plan indicates the proposed facility will maximize the use of the site and provide improved access, circulation, parking, consolidate hospital services, and provide improved facilities for the benefit of the general public. Further, the proposed uses will not impair the integrity in the Office zone in which it is located since the uses now exist, and the Master Plan will serve to provide a guide for the appropriate rearrangement of existing uses, facilities and amenities. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council uphold the Planning Commission's decision and approve Conditional Use Permit Application U-74-18E. Carried unanimously. KNOWLES DRIVE 555/NME MEDICAL OFFICE BLDG/PUBLIC HEARING (25.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision approving a request for approval of plans to construct a 58,515 sq. ft. medical office facility in the "O" Zone, Architecture and Site Application S-90-9A and Negative Declaration ND-90-9. Property located at 555 Knowles Drive. Property Owner, NME Medical Corp. Applicant: Bob Elmore, Elmore Design Group. Appellant, Chester Mallory. The following people from the audience spoke to this issue: Town Attorney requested that Council include the previous hearing, Item #24, as a part of this current hearing, and incorporate the testimony given by the previous speakers within this procedure. Mayor Benjamin asked if anyone in the Council or the audience had an objection to this procedure. There were no objections. Mayor Benjamin ordered the previous Item #24 be included as testimony for this hearing. Chester Mallory, 1073 Lucot Way, Campbell, asked for more detail on the nature and cost of the mitigation methods that will be required of the applicant. Truman Gates, representing the Hospital, spoke of the identified traffic mitigation that the project was committed to at this time. Daniel Doore, President and CEO of Good Samaritan Hospital and Mission Oaks Hospital, TC:D5:MM010493 January 4, 1993 Los Gatos, California addressed avoidance of costly duplication of unnecessary medical technology and requested denial of this project. Dave Murdough, 1037 Lucot Way, Campbell, spoke against the project. Lee Peterson, 1156 Audrey Ave., spoke against the project due to increased neighborhood traffic. Helga Ruby, 18400 Overlook Road, spoke against any additional growth of medical facilities in belief that this would lower medical costs, and that the Planning Commission erred by not considering the use which was a duplication of services. No one else from the audience addressed this issue. TC:D5:MM010493 January 4, 1993 Los Gatos, California HEARINGS CONTINUED POLLARD ROAD/COMMUNITY HOSPITAL/CONT Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close this public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council uphold the Planning Commission's decision and approve Architecture and Site Application S-90-9A. Carried unanimously. Council Comment: Mrs. Lubeck acknowleged the concept that in making any kind of land use decisions Council is making decisions about the market place, however she supports the motion because she is not swayed to believe that the market place can not support this project due to lack of need. She feels the project is needed. Mr. O'Laughlin does not believe that the denial of this project will impact the distribution of medical services within California. He acknowledges the severe medical crisis nationally in increased costs and lack of distribution to needy areas but does not feel that denial of this project will correct these problems. Previous motion corrected and reworded: Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council make the Negative Declaration and uphold the Planning Commission's decision and approve Architecture and Site Application S-90-9A. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council refer this item to the Town Attorney for preparation of the appropriate resolution. Carried unanimously. LOS GATOS BOULEVARD 15902-16000/HANDICAPPED ACCESS/HEARING (26.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission approving a request for modification to a condition of approval of the previous approval granted for a shopping center reconstruction in the C-1 zone. The requested modification is to relocate a pedestrian walkway. Architecture & Site Application S-91-68A. Property located at 15902-16000 Los Gatos Blvd. Property Owner, Cilker Orchards. Appellant, Jim Lewis. Mr. Blanton stated he would be abstaining on this issue and excused himself from the podium. The following people from the audience spoke to this issue: TC:D5:MM010493 January 4, 1993 Los Gatos, California Jim Lewis, 156 Vista Del Monte, requested modifications to the parking lot and walkways, stating that people access the bus in a location that causes them to cut through the parking lot and not use the walkways. Carl Cilker, 1631 Willow St., San Jose, representing the owners, Cilker Orchards, explained the rational for the project design and addressed the fact that more than the bus riders will be using the walkways. James Polsun, 253 Oak Dale Drive, requested a walkway toward Thrifty from the bus location. No one else from the audience addressed this issue. TC:D5:MM010493 January 4, 1993 Los Gatos, California HEARINGS CONTINUED LOS GATOS BLVD CONT Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council close the public hearing. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council uphold the Planning Commission's decision and approve Architecture and Site Application S-91-68A, referring this item to the Town Attorney for preparation of the appropriate resolution. Carried unanimously. LOS GATOS BLVD 15367/PLANT NURSERY OPERATION/DUFURS LANDSCAPE (27.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission approving a request for permission to establish a retail plant nursery on property in the CH zone, Conditional Use Permit Application U-81-7B. Property located at 15367 Los Gatos Boulevard. Property owner, Elizabeth Cerrito. Applicant, Dufurs Landscape, Inc. Appellant, Kenneth Dufur. The following people from the audience spoke to this issue: Kenneth Dufur, Dufurs Landscape, 10266 Duke Dr., Gilroy, explained the project and the need for the traffic flow to exit in the rear. Steve Cuneo, 100 Highland Oak Dr., is not in favor of any increased traffic on the residential street to the rear of the proposed business. James Poulson, 253 Oak Dale Dr., opposed the project due to increased traffic but made some alternative suggestions for traffic and parking patterns. Tony Caselli, 120 Oak Park Dr., objected to the project. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mr. Attaway, that Council uphold the Planning Commission's decision and approve Conditional Use Permit Application U-81-7B, subject to conditions and refer this item to the Town Attorney for preparation of the appropriate resolution. Carried unanimously. CALLE DE LOS GATOS/STATION WAY/STREET NAMING (29.02) Mayor Benjamin stated that this was the time and place duly noted to consider alternative names for Calle de Los Gatos. TC:D5:MM010493 January 4, 1993 Los Gatos, California The following person from the audience spoke regarding this subject: Phil Brouwer, 10 Station Way, requested a hearing on this subject and some time to work with the community and staff. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council direct staff to set a new public hearing for February 16, 1993. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/RESOLUTION 1993-7 (30.43) Mayor Benjamin stated that this was the time and place duly noted to consider renewal and redefinition of the Business Improvement District, to levy and collect assessments and to set a public hearing. The following people from the audience spoke to this issue: Joe Hargett, 95 Church St., representing BID, spoke of changes in program, the new district boundaries and projects planned for the year. Mike Silva, 102-C So. Santa Cruz Ave., representing NO BID, spoke of the survey that has been sent out and submitted same to Council. No one else from the audience addressed this issue. Mark Linder, Assistant Town Manager, noted changes in the draft resolution before Council. On page 3, section b, "Add benches where permitted" and "Add more trash receptacles" were deleted; and page 3, section c, "Commercial Recruitment" was incorporated in "Commercial Marketing" on page 2. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-7 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO RENEW AND REDEFINE THE BUSINESS IMPROVEMENT AREA KNOWN AS THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1993 AND AMENDING ORDINANCE 1876, and confirm the public hearing for March 1, 1993. Carried unanimously. Mayor Benjamin asked staff to address Mrs. Lubeck's concerns regarding item 11, page 3, of the staff report, "Town continue to collect and disperse funds to the BID.", and return with item January 19, 1993. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council direct staff to mail Resolution of Intent and a survey to all businesses in the proposed redefined 1993 Business Improvement District. Carried unanimously. BUSINESS LICENSES/MISCELLANEOUS BUSINESS REGULATIONS/TOWN CODE (34.05) Eric Morely, Legislative Advocate of the Los Gatos-Saratoga Real Estate Board spoke to the fact that real estate agents were considered employees of the broker not individual professionals and requested that that definition be written into the Town Code. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. TC:D5:MM010493 January 4, 1993 Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING BUSINESS LICENCE FEES. Carried unanimously. MINUTES OF DECEMBER 7, 1992 (28.V) Motion by Mr. Blanton, seconded by Mr. attaway, that Council approve the Minutes of December 7, 1992 as submitted. Carried unanimously. TC:D5:MM010493 January 4, 1993 Los Gatos, California PLANNING COMMISSION/COMPOSITION/APPOINTMENTS/TERMS (31.20) Mayor Benjamin stated that this was the time and place duly noted to consider introduction of ordinance amending Section 20.20.015 of the Town Code setting the composition, appointment, and terms of office for members of the Planning Commission. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce the draft ordinance, hold the interviews as scheduled on January 19, 1993 and choose one person to serve from the applicants. Carried by a vote of 3 ayes. Mayor Benjamin and Mr. O'Laughlin voted no feeling that time and attrition would be better options. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 20.20.015 OF THE TOWN CODE SETTING THE COMPOSITION, APPOINTMENT, AND TERMS OF OFFICE FOR MEMBERS OF THE PLANNING COMMISSION. Carried by a vote of 3 ayes. Mayor Benjamin and Mr. O'Laughlin voted no for reasons previously stated. PAST MIDNIGHT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council extend this meeting past midnight. Carried by a vote of 4 ayes. Mayor Benjamin voted no pointing out that Council must limit their discussions so as to finish the meetings in a timely fashion. SANTA CRUZ AVE N/BETWEEN BLOSSOM HILL AND ANDREWS/NONCONFORMING USES ZONE CHANGE/LIGHT MANUFACTURING TO NEIGHBORHOOD COMMERCIAL (32.46) Motion by Mayor Benjamin, seconded by Mr. O'Laughlin, that Council find that the Zoning Ordinance Amendment is consistent with the General Plan and Downtown specific Plan. Carried by a vote of 3 ayes. Mr. Blanton and Mrs. Lubeck voted no in the interest of clarity within zoned districts. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to waive the reading. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS TO ALLOW EXISTING USES TO REMAIN CONFORMING THAT WOULD OTHERWISE BE NONCONFORMING DUE TO TC:D5:MM010493 January 4, 1993 Los Gatos, California A CHANGE IN ZONING FROM LM (LIGHT MANUFACTURING) TO C-1 (NEIGHBORHOOD COMMERCIAL). Carried unanimously. TOWN PLANNING POLICIES (33.47) Mayor Benjamin requested that this item be reviewed by Council during the study session with the Planning Commission to be held February 8, 1993. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D5:MM010493 January 4, 1993 Los Gatos, California PLANNING COMMISSION APPOINTMENTS/CHAIR & VICE-CHAIR (11.20) Informational item regarding Planning Commission appointments to sub-committees was received and filed, with the comment that the suggestion of an architect on the Architectural Standards Committee will come under discussion at the study session February 8, 1993. 9306 PROJECT/QUITO ROAD/PEDESTRIAN-BICYCLE/BRIDGE/RESOLUTION 1993-8 (15.35) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CITY OF SARATOGA FOR THE ADMINISTRATION OF PROJECT 9306 - QUITO ROAD BICYCLE/PEDESTRIAN BRIDGE, with the modification on page 2 of the agreement, under Section II, 2, to read, "To pay TOWN fifty percent (50%) within thirty days after receipt of executed construction agreement." Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Attaway, to adjourn this evening's meeting at 12:18 a.m. Carried unanimously. ATTEST: TC:D5:MM010493 January 4, 1993 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D5:MM010493