Loading...
M 09-20-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 20, 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 7:35 p.m., Monday, September 20, 1993 in regular session. ROLL CALL Present:Randy Attaway, Steve Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957.6 to discuss Labor Relations. Council discussed AFSCME negotiations. Issues have not been presented to AFSCME at this time and negotiations may not be noted in the press or publicly. Council instructed staff in certain positions to take in presentations to AFSCME and requested additional information on certain items. PRESENTATIONS/TOWN EMPLOYEES (00.43) Commendations were presented by Mayor Benjamin to Aldo Giordano, Maintenance Supervisor and Tom Mitchell, Police Sergeant for their twenty year employment service to the Town. PORTABLE RADIOS/BID AWARD/RESOLUTION 1993-133 (01.28) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BRIDGE RADIO COMMUNICATIONS TO PURCHASE EIGHTEEN (18) HAND HELD PORTABLE RADIOS, THREE (3) CHARGERS, AND ONE (1) RADIO REPEATER PURSUANT TO TOWN CODE 2.50.115. TC:D5:MM092093 Carried unanimously. SCHEDULE OF PUBLIC HEARINGS (02.01) Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/AUGUST 1993 (03.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of August 14, 1993 through August 28, 1993 in the amount of $212,579.55 paid on September 3, 1993. Carried unanimously. TC:D5:MM092093 September 20, 1993 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER, 1993 (04.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accounts payable invoices paid on 09/01, 09/03, and 09/10/93 in the amount of $411,040.81. Carried unanimously. INFORMATION AND REFERRAL SERVICES, INC./RENT MEDIATION (05.16) Informational report regarding Information and Referral Services, Inc's. Rent Mediation Program annual report for fiscal year 1992-93. URBAN COUNTY/COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (06.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to authorize Councilmember Attaway, to support the City of Campbell's revised proposal for distributing FY 1994-95 and 1995-96 Urban County Community Development Block Grant Funds. Carried unanimously. CONGESTION MANAGEMENT AGENCY/COMMUTER NETWORK ASSESSMENT (07.38) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to authorize payment of Congestion Management Agency, Commuter Network Assessment for FY 1992-93. Carried unanimously. CLAIM REJECTION/GOOD EARTH RESTAURANT/AUGUST 20, 1993 (08A.01) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to reject the claim of Good Earth Restaurant for cross-claim in regards to a personal injury claim occurring on June 1, 1992. Carried unanimously. CLAIM REJECTION/CONSTANCE A. DEMAR/VEHICLE DAMAGE/APRIL 27, 1993 (08B.01) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to reject the claim of Constance A. Demar for alleged vehicle damage occurring on Pollard Road on April 27, 1993. Carried unanimously. TRIP GENERATION RATES/TRANSPORTATION ENGINEERS/RESOLUTION 1993-134 (10.38) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 134 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING TOWN OF LOS GATOS TRIP GENERATION RATES. Carried unanimously. HOUSEHOLD HAZARDOUS WASTE COLLECTION/RESOLUTION 1993-135 (11.07) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 135 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH THE TC:D5:MM092093 September 20, 1993 Los Gatos, California COUNTY OF SANTA CLARA FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SERVICES. Carried unanimously. URBAN COUNTY/COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT/SANTA CLARA COUNTY/RESOLUTION 1993-136 (12.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS FOR FISCAL YEAR 1993-94 AND AUTHORIZING EXECUTION OF AGREEMENT. Carried unanimously. TC:D5:MM092093 September 20, 1993 Los Gatos, California ARTS COMMISSION MASTER PLAN/RESOLUTION 1993-137 (13.20) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE ARTS COMMISSION MASTER PLAN. Carried unanimously. VERBAL COMMUNICATION PROPOSITION 173/CALIFORNIANS FOR HOUSING AND JOBS Eric Morley, 20254 Blauer Drive, Saratoga, representing the Los Gatos Saratoga Board of Realtors. Mr. Morley spoke on behalf of "Yes" on Proposition 173, Californians for Housing and Jobs. HEARINGS SHADY LANE/ZONE CHANGE/SUBDIVISION/HOUGE/ANGELL/GREGORY (15.09) Mayor Benjamin announced that this was the time and place duly noted to consider appeal of Planning Commission decision to deny a request for a zone change from HR-2-1/2 to HR- 2-1/2 PD and approval of a subdivision application to divide 94.7 acres of hillside land into 27 single family lots as a planned development with permanent open space and trails. Zone change application Z-91-1 and subdivision application M-87-3A. This property is generally located South of Blossom Hill Road, North of Shannon Road and East of Short Road. Property owners: Norman Houge, Dr. William Angell and Alan Gregory. Applicant: Westfall Engineers, Inc. Appellant, Norman E. Matteoni, ESQ. for applicants. Mr. O'Laughlin stated for the record that he had reviewed all the Town Council tapes regarding this matter and was qualified to vote. Planning Director, Lee Bowman explained that this matter was an unusual application and that the Council only had two options tonight. That of denial or return to the Planning Commission. The following people addressed the Council concerning this matter. Norman Matteoni, 1740 Technology Drive, San Jose, representing the owners. Mr. Matteoni gave a brief history of the property and stated that this project had, in the past, been denied without prejudice so that it could readdress the new policies and guideline which emerged. Mr. Matteoni feels that the zoning requested is consistent with the Town's General Plan, as is the tentative map. Mr. Matteoni stated that the lots near the ridge line TC:D5:MM092093 September 20, 1993 Los Gatos, California had been put down in the inner bowl, over the hill ridge downslope and adjustments had been made in the road design. Clustering was also addressed to allow for continuous open space. He noted that the direction from staff and the Planning Commission regarding the road access was use of the Shady Lane extension. A portion of this access property is not owned by the applicants but by three other property owners. Mr. Matteoni stated that a general alignment of the hillside alternative to Shady Lane follows a cul de sac and an emergency access road which was analyzed in the EIR. Mr. Matteoni distributed notes regarding seven points which he would like considered if the project is to be referred back to the Planning Commission. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARING CONTINUED SHADY LANE CONT. Speakers continued: Jitka Cymbal, Westfall Engineers, Inc., 14583 Big Basin Way, Saratoga. Mrs. Cymbal explained how Westfall Engineers had complied with the eight requirements placed on the project by the Planning Commission. She indicated that all the lots were in the least restricted areas as delineated in the Hillside standards. The only exception are three lots which were moved from other areas in order to be less visible. There is no exposure on the ridge line. The homes are grouped to maximize open space. Lots were removed from the ridge lines to lower elevations. Slightly larger lots were proposed and the building sites were smaller. She asked for specific direction so that they could continue to work with the neighbors. John Lien, 196 College Ave, Los Gatos, shared his observations of the project as it relates to the Hillside Specific Plan which included minimizing visibility and disruption. Doug Dalchelo, 80 N. First Street, San Jose, and Jo Ann DeRuvo, Attorney for Mrs. Quint who resides at 15775 Gum Tree Lane. They are investigating the access easements across Gum Tree Lane and have obtained a surveyor and title reports. Mr. Dalchelo stated that the Dr. & Mrs. Quint are opposed to any use of Gum Tree Lane as a means of ingress or egress to the development. They specifically object to the widening of Gum Tree Lane from the present fifteen feet to the proposed twenty-four feet and the Quints request a denial of the appeal. Diane MacLaughlin, 15626 Francis Oaks Way, Los Gatos feels that the changes made since 1987 have been so slight that the project remains the same as in mid 1980. Mrs. MacLaughlin reviewed the chronology of the project and the meetings which have been held with the staff and neighbors since 1987. She would like to see the development become an environmentally sound development. She requests a denial of the appeal. David Weissman, 15431 Francis Oaks Way, Los Gatos, feels this project has been a waste of the Town's financial resources and time and that the Town is subsidizing the project. He feels that the present plan has less open space than the EIR that was certified in 1992. He submitted photos of the proposed lot A9 which shows a lake measuring 44 feet by 54 feet by 28 inches deep. He feels the applicants need to start over and redesign the project to fit the site. He requests that the project be rejected. Council Member Attaway asked if Mr. Weissman was supporting the Houge access. Mr. Weissman said he feels that the Houge access is more environmentally sensitive and that going into the Houge property, and not continuing on to the Gregory property through to the Angel property, is the better way to do the project. Council Member Attaway did not understand why the applicant was not listening to the residents after all the meetings they had had and why a conclusion had not been met. Mr. Weissman feels that until evidence is presented regarding easement over Shady Lane TC:D5:MM092093 September 20, 1993 Los Gatos, California and Gum Tree there is no point in talking any further. He feels that attachment 9 of the staff report outlines what the residents feel to be environmentally sensitive and which they could support. Council Member Blanton asked the Town Attorney about power of eminent domain on Shady Lane along the creek. Attorney Anderson responded yes, if there was a public purpose to it. Council Member Attaway feels that Mr. Weissman has made some excellent points and that the Council needs some resolution between the neighbors and the applicants, and it needs to be done right away so Council can make a decision. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARING CONTINUED SHADY LANE CONT. Speakers continued: Council Member Lubeck pointed out that the circulation element of the General Plan, at this time, calls for the extension of Shady Lane all the way through the Riparian Corridor and questions if this element of the General Plan should be amended. Mr. Weissman indicated that the Department of Fish and Game has stated that if the road was built along the Shady Lane extension, the road should be placed 50 feet away from the bank of the stream or an alternative creek should be built. Mike Westphal, Coyote Creek Riparian Station, P.O. Box 1069, Los Gatos, indicated that a survey involving the California Tiger Salamander was going on at the development site and he is concerned about the quality of the one day, daylight survey done by Westphal Engineers. Kerry Yeo, 15730 Shady Lane, Los Gatos, feels there has been no open discussion between the neighbors and the developers and would like the Council to support the Planning Commission and turn down the proposal. He indicated that no contact had been made regarding the purchase of property needed for the road. Marian Elborn, 167 Lu Ray, Los Gatos, has walked the area and her home allows her to look up on the subject property. She also has concerns about the fiscal impact on the Town for police and maintenance of steep roads and would like the project denied. Silvia Sulivan, a new resident to Los Gatos considered the open space area when she purchased her home she noted that the Town Council is well known for listening to residents and hopes that Council will deny the project. Carolyn Yeo, 15730 Shady Lane, Los Gatos, asked that the Council uphold the Planning Commission's decision to deny the project. Norm Matteoni, responded to whether Shady Lane should be extended because the Hillside Plan indicates a collector street through the area. He indicated that the project has been consistent with the policy that is on the books and has grouped homes off the collector road. The animal studies that were mentioned were addressed by the EIR and the consultants hired by the Town. Also, offers to the property owners had not been consummated but discussions had been started in the early summer or late spring and the negotiations were continuing. Mr. Matteoni indicated that resolution is possible if the Council instructs the Planning Commission to address the seven points which he had outlined for tonight's meeting. Council Member Attaway stated that there is no graphic display that shows the contours of the land such as a model which would give the perspective that everyone needs. He feels the visualization is absolutely necessary for this type of project and feels that the model should be constructed for easy movement of the homes on the property. There was no one else from the audience wishing to speak on this matter. TC:D5:MM092093 September 20, 1993 Los Gatos, California Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Mr. Attaway requested the Town Attorney state the property owner's rights when they meet all or a portion of the Town's criteria for development in the Hillsides. Mr. Anderson indicated that the criteria is basically a minimum standard that the Town establishes for development. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARING CONTINUED SHADY LANE CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, that the item be returned to the Planning Commission and an initial study to address the Houge access making Shady Lane the preferred route be obtained. Carried Unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that the legal access rights to Gum Tree Lane be acquired by the developer before this project returns to the Planning Commission. Carried unanimously. Motion by Mr. Attaway, that the applicant must prove that there is a Community benefit to the approval of a Cul-de-sac bulb of over 800 feet. Motion fails for lack of a second. Council comments: Mr. O'Laughlin stated that there is technical compliance with the provisions of the Hillside Specific Plan, but that the project is not in the spirit of the plan because of the project's unique topographical location. He agrees with Mr. Attaway and wants to avoid long cul-de- sacs, driveways, retaining walls, excessive amounts of cut and fill, and removal of trees. Mrs. Benjamin feels that we do have a workable Hillside Plan, but we need to look at compromises and take the total concerns into account. Mrs. Lubeck agrees with Mr. O'Laughlin and feels that the graphic model will enable them to see exactly what will work. Mr. O'Laughlin is adamant that there be nothing visible on the ridge line and feels it is problematic to compromise the standards. Mrs. Benjamin requests that a verbatim transcript of this hearing be given to the Planning Commission. Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, to return this matter to the Planning Commission with specific request to study the application, in particular compliance with Hillside specific standards. To look at the following criteria for development: (1) Access to the property and the through road connection with consideration of an alternative road to Shady Lane; (2) Analysis of each lot. It must meet our Hillside Specific Standards in regards to the location. It shall not encroach upon either riparian habitant or the ridge line. The height and square footage of each home be evaluated for each lot depending on the amount of cut and fill, removal of trees, visibility from the valley floor and disruption of soil TC:D5:MM092093 September 20, 1993 Los Gatos, California and vegetation. Analysis is to be done for each lot in conjunction with the visual model or computer video graphics. (3) There are to be no cul-de-sacs longer than the normal standards. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council find the Planning Commission erred in its decision by not considering the Houge access and that appropriate access for the project has not been demonstrated. Carried unanimously. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL ROAD 300/VASONA HEIGHTS/MODIFICATIONS/ORD. INTRO. (16.09) Mayor Benjamin announced that this was the time and place, duly noted to consider introduction of an Ordinance for various modifications to an existing approved official development plan granted for the construction of 32 dwelling units in the R-1:8000-PD zone. Zone Change Application Z-86-6C. Property located at 300 Blossom Hill Road. Property Owner, Vasona Heights Partnership. Council Member Lubeck, asked Town Attorney Larry Anderson to speak to her concerns regarding a real property interest as it relates to this matter. Mr. Anderson stated that he has spoken with the FPPC and they have exempted month to month tenancies of one month or less. Therefore Mrs. Lubeck, is exempt from the real property interest regulations. Mr. Bowman indicated that the applicant has requested eleven modifications to the approved plan and the Planning Commission has recommended approval of six of the items and denied five items. This is a combination of a recommendation and an appeal. The requested items that were denied follows: 1.Changes in the status of Roberts Road 2.Elimination of the signal at Blossom Hill and Roberts Road 3.Elimination of the requirement for the relocation of the entrance to Vasona Park 4.Modification to lots 30 and 31 5.Elimination of the requirement for BMP unit at the Nino Residence Mr. Bowman informed the Council that the issue of the vacation of Roberts Road is a separate process from the Planned Development application before Council this evening. If vacation is to be considered there is a specific process that must be followed before the vacation of Roberts Road can take place. The following people addressed Council regarding this issue: Bruce Bowen, Vasona Heights Partnership, P.O. Box 1262, Los Gatos, addressed the Council regarding the closure of Roberts Road, the street signal and the realignment of the Park entrance and how the requested changes would benefit the Town. Mr. Attaway, outlined his concerns and the long term benefit the Town would receive from the traffic signal at Roberts Road and Blossom Hill and the realignment of the Park entrance. Mrs. Lubeck indicated that the County was adamant about the realignment of the Park entrance and asked if there had been any additional input from the County regarding this matter. Mr. Bowen indicated that Lisa Kellough, County Parks would speak to that matter at a later time. Lee McLaughlin, 15626 Francis Oaks Way, indicated he does not want Roberts Road TC:D5:MM092093 September 20, 1993 Los Gatos, California closed. Ken Pastroff, project manager for Vasona Heights Partnership, asked for clarification regarding discussion of the closure of Roberts Road this evening. Mr. Bowman again explained the law as it relates to vacation of any public street. Mr. Pastroff stated that the change in the realignment of the Park entrance and the traffic signal issue was requested because the information in the preceding EIR was based upon the wrong assumptions in the traffic analysis. Once Roberts Road was temporarily closed they hired TJKM to do two new traffic analysis which indicated that the signal was not needed if Roberts Road remained closed. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL ROAD 300 CONT. Speakers continued: Mr. O'Laughlin stated that it was absolutely critical to him that there be a signal at Roberts Road and Blossom Hill and that the Park entrance be relocated for intersection improvement. He feels that the closure of Roberts Road is separate and apart and has nothing to do with the approved project and that the subject of the road closure is an excuse for not following through with what was agreed upon. He asked for clarification regarding the $60,000.00 bond to be posted by the developer for the future consideration of closing Roberts Road. Mrs. Benjamin stated that the Council would decide if they would hold a public hearing regarding the closure of Roberts Road but the applicant needs to address the issues before the Council tonight. Mr.Bowen indicated that he would be willing to drop the request to eliminate the traffic signal. He realizes that the future benefit of the signal will come from the Park's use rather than Roberts Road. However relocating the Park entrance should not be considered until the matter of closing Roberts Road is decided. Mr. Bowen indicated that they were not trying to get out of anything but only trying to maximize their dollars to provide the most benefits to the Town Mayor Benjamin requested that the rest of the items be addressed. Mr. Pastroff indicated that the modifications to lot 30 and lot 31 were more contingent on the closure of Roberts Road. Mr. Attaway questioned the recommendation to not move the driveway. Mr. Bowman stated that it was the concern of traffic on Roberts Road. Mayor Benjamin stated that the next issue was the Nino House as a Below Market Price unit. Mr. Pastroff stated that the project was required, by Town law, to have four BMP units and that they had included the Nino House project as a fifth BMP. They feel that the house has a poor floor plan and that it is in an advanced state of decay. Also, the Town Historical Committee had information that only 375 sq. feet of the structure was original and the rest was a series of additions. They would like to return the 375 sq. feet to its original exterior and make the balance of the lot part of the common area and put in a community pool. The developers would then entertain the idea of buying something comparable in Los Gatos and have the BMP unit established elsewhere. Mr. Blanton questioned the sale price of the Nino House. Mr. Bowman indicated that the Town would sell the house for $150,000.00. However, getting an equivalent unit at the purchase price of $150,000.00 may not be possible. Linda Schultz, 71 Roberts Road, Los Gatos, had a petition requesting the closure of Roberts Road. She feels there is a lot of misconception regarding the request to close Roberts Road and indicated that there is no desire on the part of the residents to have the TC:D5:MM092093 September 20, 1993 Los Gatos, California road closed to pedestrian or bicycle traffic or emergency vehicle access. John Harwood, Attorney, representing two of the Doctors who have offices on Oakmeadow Way, stated that the Doctors wish the Council to affirm the decision of the Planning Commission and deny the closure of Roberts Road. Mr. O'Laughlin questioned whether Council could uphold the Planning Commission decision and then schedule the issue of Roberts Road. Mr. Bowman stated that that action would be consistent with the original approval. Jan Mulder, President of the Regency Court Homeowner's Association, 307 Oak Meadow Drive, Los Gatos, requests that Roberts Road continue to be closed until a public hearing can be held to consider the matter and she is against the traffic signal. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL ROAD 300 CONT. Speakers continued: Dr. Seiji Shiba, 234 Oakmeadow Drive, Los Gatos, proposes that parking on Roberts Road be restored and that the Council uphold the Planning Commission decision regarding the traffic light and the realignment of the Park entrance. Susan Carter, 311 Oakmeadow Drive, Los Gatos, suggested that Council consider different alternatives to the light at Roberts Road and Blossom Hill Road and suggested a right/left turn lane in lieu of the signal. She requested a public hearing on the closure. Lisa Killough, Regional Park Planner, Parks & Recreation Department, 298 Garden Hill Dr., Los Gatos displayed a schematic plan of the park entrance improvements. She indicated that the County had a legal agreement which the developer had signed for the improvements. The improvements are part of the PD Ordinance which was approved by the Town. The agreement was signed in 1990. The County has completed half of the project and is ready to initiate the relocation of the Park entrance and would like the Council to act on the matter this evening. Mr. Blanton questioned if the Town were to relieve the developer of putting in the traffic signal, did the County have a legal binding contract that would require the developer to put in the signal. Mrs. Killough indicated that they did, as of May 15, 1990. Phillip Jenkins, 210 Oakmeadow Drive, Los Gatos does not want a public hearing regarding the road closure. He requests that the Council deny the appeal. Bruce Bowen, recapped Vasona Heights position on each of the five matters and reiterated that they would install the traffic signal as planned. There was no one else in the audience who wished to speak to this matter. Motion by Mr. Attaway, seconded by Mr. O'Laughlin to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin to deny the appeal and uphold the Planning Commission decision on all five matters. Carried by a vote of three ayes. Mr. Attaway, and Mrs. Lubeck voted no. Mr. Attaway supported the motion but voted no because there are some other issues in the Planning Commission decision which he can not support. He feels the Nino House is an embarrassment and out of place in the project. He is also concerned about the height of the sound wall along the freeway. Mrs. Lubeck supports the signal and the realignment but is concerned about lots 30 & 31 and the location of those driveways so she is unable to support the motion. TC:D5:MM092093 September 20, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mrs. Lubeck, to set a public hearing regarding the closure of Roberts Road and for staff to return with a cost analysis. Staff is to contact those attending this evening to discuss preliminary designs. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mr. Attaway, to reopen Roberts Road by October 1, 1993. Carried by a vote of four ayes. Mayor Benjamin voted no. Mrs. Benjamin is concerned about the cost of reopening the road and then having to close it if the Council decides to do so after the public hearing. TC:D5:MM092093 September 20, 1993 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL ROAD 300 CONT. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that the zone change amendment is consistent with the General Plan and Downtown Specific Plan. Carried unanimously. The Senior Deputy Clerk read the title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mayor Benjamin, to introduce the Ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1865 RELATING TO THE PERFORMANCE STANDARDS, SETBACK AND IMPROVEMENT REQUIREMENTS AFFECTING ZONE CHANGE NO. 81 FROM O, R-1:8000 & RM: 5-20 TO R-1:8000-PD. Carried by a vote of four ayes. Mr. Attaway voting no. MINUTES OF SEPTEMBER 7, 1993 (17.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the Minutes of September 7, 1993 as submitted. Carried unanimously. TREASURER'S REPORT OF JULY 31, 1993 (18.V) Council accepted the Treasurer's Report as of July 31, 1993. INFORMAL BID PROCESS/UNIFORM CONSTRUCTION/COST ACCOUNTING PUBLIC CONTRACTS CODE/ORDINANCE INTRODUCTION (19.13) The Senior Deputy Clerk read the title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to introduce the Ordinance entitled: ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CODE OF THE TOWN OF LOS GATOS SECTION 2.50.130 ESTABLISHING AN INFORMAL BID PROCESS AND ADOPTING BY RESOLUTION THE UNIFORM CONSTRUCTION COST ACCOUNTING PROCEDURES AS SET OUT IN SECTION 22000 OF THE PUBLIC CONTRACTS CODE. Carried unanimously. TC:D5:MM092093 September 20, 1993 Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Attaway, to adopt Resolution 1993-138 entitled: RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE STATE OF CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES. Carried unanimously. TC:D5:MM092093 September 20, 1993 Los Gatos, California DOWNTOWN PARKING ENFORCEMENT (20.39) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to not delay Downtown Parking enforcement until after the Holiday Season. Carried unanimously. FCC CERTIFICATION/REGULATE BASIC CABLE/RATES/CUSTOMER SERVICE (09.24) Mr. Blanton asked staff for a brief overview of the Town's potential involvement in this matter, and indicated his concern that the public would perceive that the Council had more power than the bill would allow. Council accepted report on FCC certification of Town to regulate basic cable rates and customer service and would await staff's recommendations. PRIVATE ENCROACHMENTS/PUBLIC RIGHT-OF-WAY/LIABILITY/ORD. INTRO. (14.46) Mr. Attaway indicated that he has concerns regarding the insurance requirements for citizens who may wish to landscape the public area in front of their homes. He also is concerned about the bond requirements for any work in excess of $2,500.00. He feels the Council's role is to encourage people to take care of their parking strips and/or sidewalks. He would like to see some of the language changed in the Ordinance. Council directed staff to return with a $5,000.00 limit in Section III (a) (b) and (c) and to clearly define what constitutes "pipes and conduits". Staff is to return with revisions after considering Council's concerns and the Town Attorney's recommendations. ADJOURNMENT Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this evening's meeting at 12:29 A.M. Carried unanimously. ATTEST: TC:D5:MM092093 September 20, 1993 Los Gatos, California MarLyn J. Rasmussen Senior Deputy Clerk TC:D5:MM092093