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M 09-06-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 6, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 8:45 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin,Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS PLANNING COMMISSION Mayor Carlson declared there are five vacancies on the Los Gatos Planning Commission and twenty-four (24) applications were received. Three vacancies will expired August 1. 1992; one vacancy will fill the unexpired term of Catherine Smith and will expire August 1, 1991; and one will fill the unexpired term of Sam E. Laub and expire August 1, 1989. All candidates were nominated. Voting was held. Randy Attaway, Argo Gherardi,and Patrick O'Laughlin were appointed to terms to expire August 1992. Michael H. Abkin was appointed to fill the unexpired term of Catherine Smith to expire August 1, 1991. Allen Rudolph was appointed to fill the unexpired term of Sam E. Laub to expire August 1, 1989. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported Council had met in Closed Session on August 10, 1988 and discussed labor relations and there is no report from that discussion regarding AFSCME Union. A Closed Session was scheduled for August 29, 1988 to discuss labor relations of AFSCME negotiations. The Closed Session did not occur. Prior to this evenings meeting Council met in Closed Session Pursuant to Government Code Section 54956.9(a) regarding labor relations of AFSCME Negotiations and the report will be given later on under item 38 regarding ratification of an agreement. Pursuant to Government Code Section 54956.9(a) two matters of pending litigation, Elliott v. Town and Trusso v. Town, were discussed. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c), institution of litigation regarding grading violation (Hackett) was discussed. Council authorized litigation. BID AWARD 1988 DIESEL ROTARY MOWER Four bids were received for a 1988 Diesel Rotary Mower. They ranged from a high bid of $47,989.50 to a low bid of $41,869.10. Mrs. Benjamin moved to award the bid for the purchase of one (1) Howard Price Model H-180 Diesel Rotary Mower to Golden Bear Equipment Company with a net bid of $41,869.10. Mr. Hamilton seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report regarding upcoming public hearings. COUNTY REFERRALS Mrs. Benjamin moved for the approval of the corrected County Referrals as follows: 1370-32-44-81B-81GV-81GA-88B Soda Springs Road Persing Site Approval No comment. 3397-35-50-87G-87Dr Deer Park Road McIntosh Grading & Design Review. Direct the following comments to the County. 1) The total amount of grading is excessive and should be substantially reduced by eliminating the proposed equestrian arena; 2) The proposed Pear and Bottle trees should be changed to Oaks or other indigenous type of trees; 3) Interim erosion control measures should include a silt fence or straw bale dikes downhill of the proposed construction area; and 4) No grading or disturbing activities should be conducted between October 1 to April 15. Mr. Hamilton seconded. Carried unanimously. COUNCIL CALENDAR OF MEETINGS Council informational report. PLANNING COMMISSION PLANNING DEPARTMENT MONTHLY REPORT Council informational report. APPROVAL OF PAYROLL AND RELATED WARRANTS Mrs. Benjamin moved for the approval of the August 12, 1988 payroll in the amount of $176,845.79 and related warrants in the amount of $182,293.47. August 26, 1988 payroll in the amount of $176,823.95 and related warrants in the amount of $77,914.47. Mr. Hamilton seconded. Carried unanimously. ACCOUNTS PAYABLE JULY 1988 Mrs. Benjamin moved for the approval of all the July, 1988 warrants in the amount of $515,494.88. Mr. Hamilton seconded. Carried unanimously. ACCOUNTS PAYABLE JULY 1988 Mrs. Benjamin moved for the approval of all the July, 1988 warrants in the amount of $515,494.88. Mr. Hamilton seconded. Carried unanimously. SECONDARY DWELLING UNIT MONTHLY REPORT Council informational report. NOISE ORDINANCE ENFORCEMENT Mrs. Benjamin moved to direct staff to proceed with an initial review of other noise ordinances and return to Council with recommendations, including any fiscal impacts. Mr. Hamilton seconded. Carried unanimously. APPLICATIONS ABC LICENSES Council informational report. LEAGUE DELEGATES Mrs. Benjamin moved to authorize the Vice-Mayor as voting delegate and the Town Manager as Alternate for the League of California Cities Annual Meeting. Mr. Hamilton seconded. Carried unanimously. COMMISSIONS CHAIR & VICE-CHAIR Mrs. Benjamin moved to accept staff report that the Arts Commission elected Nancy Burbank as Chair and Megan Davidson as Vice-Chair for 1988-89. The Museum Commission elected Barbara Jordan as Chair and Diane McNutt-Cronk as Vice-Chair for 1988-89. Carried by a vote of four ayes. Mr. Hamilton voted no. ARTS COMMISSION ADVISORY MEASURE Mrs. Benjamin moved to approve the Arts Commission request to rescind the proposal for placement of an Advisory Measure on the November ballot. Mr. Hamilton seconded. Carried unanimously. ARTS COMMISSION ANNUAL ARTS AWARD PROPOSAL Mrs. Benjamin moved to approve implementation of the annual arts award project proposed by the Arts Commission; appropriate the $600.00 currently held in deposit account for use in implementing the annual arts award; and deposit other funds raised through the Commission's solicitation to this account to meet the total costs of the project. Mr. Hamilton seconded. Carried unanimously. TOWN PLAZA ART SHOW SEPTEMBER 11, 1988 Mrs. Benjamin moved to approve the Chamber of Commerce request to hold an Art Show at the Town Plaza on Sunday, September 11, 1988; approve closure of Montebello Way from 8:00 a.m. to 6:30 p.m.; applicant to meet with Park and Police Department's staff by September 1, 1988 to review conditions of approval and to coordinate the event; hours will be 10:00 a.m. to 5:00 p.m.; applicant to notify businesses on Montebello Way of street closure; reimburse Town for maintenance and services provided; provide the Town with special event insurance coverage in the amount of one million dollars, Town will be named as additionally insured; provide a Hold Harmless Agreement; booth placement on Montebello Way and approved by Director of Parks, Forestry and Maintenance Services; and site plan outlining booth locations will be pre-approved by the Director of Parks, Forestry and Maintenance Services. Mr. Hamilton seconded. Carried unanimously. PUBLIC AUCTION TOWN PROPERTY Council informational report regarding the sale of town property and unclaimed police property. LOS GATOS SUMMIT MARATHON A request was received from Steve Geraghty and Jeff Newkirk to approve the Los Gatos Summit Marathon on Sunday, November 6, 1988. Mrs. Benjamin moved to approve the request subject to the following: 1) Applicant provide insurance for the event in the amount of one million dollars and name; the Town as additionally insured; 2) provide the Town with a hold harmless agreement; and 3) review final plan with Police and Parks, Forestry and Maintenance Services staff and adhere to any conditions outlined. Mr. Hamilton seconded. Carried unanimously. WAIVER OF CERTIFICATE OF COMPLIANCE 14891 BLOSSOM HILL ROAD Continued to the September 12, 1988 Council meeting. REFUND VARIANCE FEE 54 CHESTER ST. (O'BRIEN) Donald D. O'Brien withdrew his application for a Variance at 54 Chester Street and is requesting the 40% of his payment be refunded. Mrs. Benjamin moved to approve the request and refund $240.00 to Mr. O'Brien. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. SPECIAL COMMITTEE MARIA'S BERRY FARM Mrs. Benjamin moved to accept staff recommendation and concur with the Planning Commission's suggested composition of a special committee to address the issue of of moving the building located at Maria's Berry Farm and instruct each Commission to recommend a member for the special committee. Mr. Hamilton seconded. Carried unanimously. 300 BLOSSOM HILL ROAD REVISED PLANS Mrs. Benjamin moved to return the Planned Development application for 300 Blossom Hill Road to the Planning Commission and return to Council on November 21, 1988. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Hamilton abstained due to a financial conflict of interest with his business (Los Gatos Shade Shop) doing more than $250.00 worth of business with the property owner. APPROVAL FOR TASTE OF LOS GATOS Mrs. Benjamin moved to approve the applicant's request to hold the sixth annual "A Taste of Los Gatos" at the Town Plaza on Montebello way on Saturday and Sunday, September 24 and 25, 1988 with the following conditions: a) Meet with Parks and Police Departments' staff by September 12 to review conditions of approval and to coordinate the event; b) Hours will be from 10 a.m. to 6 p.m. September 24 and 25. c) Street closure (Montebello Way and Broadway - east of Santa Cruz Avenue) will begin at 7 a.m. on Saturday, September 24 and end at 7 p.m. on Sunday, september 25. Emergency access as determined necessary by the Police Department will be maintained at all times. d) Two police officers will be required for security purposes. Hours of patrol will be from 10:30 a.m. to 6:30 p.m. at the Town Plaza. e) Reimburse the Town for maintenance and security services provided. f) Provide special event insurance coverage in the amount of one million dollars. Town named as additionally insured and provide Town with Hold Harmless Agreement. g) Amplified music shall not exceed 75 dba, measured 25 feet from source. h) Site plan showing booth locations on Montebello Way will be pre-approved by the Director of Parks, Forestry and Maintenance Services. i) Food booths and food serving will meet requirements established by the Health Department. j) Applicant will communicate with business establishments on Montebello Way regarding street closure. Mr. Hamilton seconded. Carried unanimously. CHAMBER OF COMMERCE MEETING RE ROUTE 85 Council informational report. RESIGNATION CATHERINE WOOD ARTS COMMISSION Mrs. Benjamin moved to accept the resignation of Catherine Wood from the Los Gatos Arts Commission with regret; adopt Resolution No. 1988-166 entitled, A TOWN OF LOS GATOS RESOLUTION COMMENDING CATHERINE WOOD OF THE ARTS COMMISSION; and direct the Town Clerk to advertise the vacancy on the Arts Commission. Mr. Hamilton seconded. Carried unanimously. COMMENDING CATHERINE SMITH PLANNING COMM. Mrs. Benjamin moved for the adoption of Resolution No. 1988-167 entitled, A RESOLUTION COMMENDING CATHERINE N. SMITH. Mr. Hamilton seconded. Carried unanimously. LOS GATOS FETSIM 1989 PROGRAM Mrs. Benjamin moved for the adoption of Resolution No. 1988-168 entitled, RESOLUTION AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION; and the project is categorically exempt pursuant to Section 15301(c) of the California Environmental Quality Act Guidelines. Mr. Hamilton seconded. Carried unanimously. FOSTER ROAD #7 ANNEXATION Continued to the September 12, 1988 Council meeting. ACCESS EASEMENT PARCEL "B" MONTANO (MSR 280) Continued to the September 12, 1988 Council meeting. CALIFORNIA PARKLAND ACT OF 1980 & COMMUNITY PARKLANDS ACT OF 1986 Mrs. Benjamin moved for the adoption of Resolution No. 1988-169 entitled, RESOLUTION OF THE TOWN COUNCIL, TOWN OF LOS GATOS, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CALIFORNIA PARKLANDS ACT OF 1980. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved for the adoption of Resolution No. 1988-170 entitled, RESOLUTION OF THE TOWN COUNCIL, TOWN OF LOS GATOS, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986. Mr. Hamilton seconded. Carried unanimously. NEIGHBORHOOD WATCH SIGNS Mrs. Benjamin moved for the adoption of Resolution No. 1988-171 entitled, RESOLUTION OF THE TOWN COUNCIL OF LOS GATOS APPROVING THE POSTING OF NEIGHBORHOOD WATCH SIGNS IN RESIDENTIAL NEIGHBORHOODS. Mr. Hamilton seconded. Carried unanimously. APPEAL 400 BLOSSOM HILL ROAD (HIGGINS) Mrs. Benjamin moved for the adoption of Resolution No. 1988-172 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING OF ONE-YEAR TIME EXTENSION TO AN APPROVAL GRANTED TO CONSTRUCTION AN ADDITIONAL OFFICE BUILDING AND TO WAIVE SCREEN WALL REQUIREMENT ON PROPERTY IN THE "O" ZONE AND OF PLANNING COMMISSION DECISION DENYING REQUEST TO MODIFY CONDITIONS OF APPROVAL. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Hamilton and Mr. Ferrito voted no. Mr. Ferrito stated his reason for voting no because he does not find error with the Planning Commission decision denying the request to modify conditions of approval but can not agree with Council decision or Planning Commission decision to grant a one year time extension particularly since this applicant did not apply for renewal within the time period allowed by law. COMMISSION & BOARDS ATTENDANCE REQUIREMENTS Mrs. Benjamin moved for the adoption of Resolution No. 1988-173 entitled, A TOWN OF LOS GATOS RESOLUTION CONCERNING DUTIES OF MEMBERS OF BOARDS AND COMMISSIONS OF THE TOWN OF LOS GATOS AND RESCINDING RESOLUTION # 1972-1. Mr. Hamilton seconded. Carried unanimously. Mr. Hamilton staff return with an amended resolution to include all boards, commissions,and elected officials. AMEND ZONING MAPS 126 & 112 GRANADA WAY Mrs. Benjamin moved for the adoption of Ordinance No. 1759 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP NO. 126 AND 112 FROM R-1:20, R-1:20 PD AND 5-1:10 RC FOR THE PROPERTY LOCATED AT GRANADA WAY. Mr. Hamilton seconded. Carried unanimously. BOND REQUIREMENTS TOWN OFFICIALS Mrs. Benjamin moved for the adoption of Ordinance No. 1760 entitled, AN ORDINANCE AMENDING CHAPTER 2 OF THE TOWN CODE RELATING TO THE BONDS REQUIRED OF CERTAIN TOWN OFFICIALS. Mr. Hamilton seconded. Carried unanimously. AFSCME MEMORANDUM OF UNDERSTANDING Mrs. Benjamin moved for the adoption of Resolution No. 1988-174 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME. Mr. Hamilton seconded. Carried unanimously. VERBAL COMMUNICATIONS Ego Jensen, 182 Lester Lane, read and submitted a prepared statement regarding public trust and stated that he felt the Town could be proud of the honesty and integrity of the elected Councilmembers. He then stated that he was representing the Los Gatos Taxpayer and on behalf of them he asked Brent Ventura some questions regarding the purchase of a piece of property in Los Gatos in which the Town had a security interest. Egon Jensen felt the property was purchased at a price which may be well below market value. Mr. Jensen felt that Mr. Ventura may have had an inside line as a councilmember and he said he would request the Santa Clara County District Attorney's Office and the U.S. Attorney's Office in San Francisco to investigate the matter. Mr. Ventura responded that all documents relating to the purchase of the property are a matter of public record and on File in Santa Clara County Superior Court. The documents permitting the sale were reviewed by the Court, and no objection to the sale being filed, the sale was approved under provisions of the Probate Code. The Town Manager and Town Attorney confirmed that I did not have access to any documents not available to the general public. The Town has been repaid in full all sums due it. The Town Attorney indicated, in her opinion my participation did not constitute a conflict of interest under the Political Reform Act or Fair Political Practices Commission guidelines. Kathryn Morgan, 142 Wheeler Avenue, questions Mr. Jensen's motives and supported Mr. Ventura. Frank Griffin, tenant at 268 Saratoga Avenue, requested to appeal a decision from the August 10, 1988 Planning Commission meeting regarding a installation of a rehabilitating pool at 268 Saratoga Avenue. Due to a misunderstanding Mr. Griffin failed to file an appeal within 10 day appeal period. The Town Attorney explained there is a statue of limitations with regard to appeals of a Planning Commission decision. It is ten day and at this point Council does not have jurisdiction to go forward. There was further discussion by Council. Mr. Griffin is to meet with a member of the Planning Department to work out a solution to this problem. PUBLIC HEARING ZONE CHANGE 14595 CLEARVIEW DRIVE (LA RINCONADA COUNTRY CLUB - DORCICH) Mayor Carlson stated this was the time and place duly noted for public hearing to consider the request for Zone Change from R-1:12,000 and R-1:20,000 (Single Family Residential) to RC (Resource Conservation). Property located at 14595 Clearview Drive. Applicant, La Rinconada Country Club. Agent, Louis R. Dorcich. Robert Kellye, President of the La Rinconada Country Club, asked this be dropped from the agenda. No one else from the audience wished to speak on this issue. Mayor Carlson stated, for the record, he had listened to the tape, reviewed the minutes and material from the July 18, 1988 meeting and he will be voting on this issue. Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to drop this item from the agenda until the annexation of the Country Club is resolved. Mrs. Benjamin seconded. Carried unanimously. APPEAL 66 E. MAIN ST. (FERRARI OF LOS GATOS) Mayor Carlson stated this was the time and place duly noted to consider the continued appeal of Planning Commission's approval, with conditions, on Conditional Use Permit Application U-86-24, requesting permission to operate an automobile dealership in the C-2 Zone. Property located at 66 E. Main Street. Property owner, Marily Friesen. Business owner, Ferrari of Los Gatos. This has been continued from December 8, 1987, March 7, May 16 and June 6, 1988. Mr. Ventura moved to accept staff recommendation and continue this matter to the September 12, 1988 Council meeting. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito voted no for reasons stated in previous minutes. APPEAL 120 N. SANTA CRUZ AVENUE (GRECO) Mayor Carlson stated this was the time and place duly noted to consider the continued appeal of Planning Commission denial of request for approval of plans for construction of a commercial building and reduction of various development standards for construction of a parking lot in the C-2 Zone, S-86-56 and V-87-6. Property located at 120 N. Santa Cruz Avenue. Property owner, Joseph Greco. Business owners, Edward Storm and Emo Biagini. Greg Meyers, Architect for the project, spoke in favor of staff recommendation. Mayor Carlson stated, for the record, he had listened to the tape, reviewed the materials and the minutes from the last meeting and would be voting on this. Mrs. Benjamin moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved to remand the application to the Development Review Committee and Planning Commission. Mr. Hamilton seconded. Carried unanimously. APPEAL 15466 LOS GATOS BOULEVARD SUBWAY SANDWICHES Mayor Carlson stated this was the time and place duly noted for continued hearing to consider the appeal of Planning Commission's denial of Conditional Use Permit Application U-84-9A requesting permission to operate a sandwich and salad restaurant within the Los Gatos Village Square Shopping Center in the CH Zone. Property located at 15466 Los Gatos Boulevard. Owner, Los Gatos Village Square, Denholm/Harris & Company. Applicant, Mohammad Hassan (Subway Sandwiches). Continued from August 1, 1988. Mayor Carlson stated he had listened to the tape and is prepared to vote. Larry Baldasano, representing the property owner, Household Bank, Subway Sandwiches and Century 21 Village Square, spoke in support of the appeal. Mr. Baldasano stated Mr. Ventura has been hired by, Todd Berman, a salesperson od Century 21 Villa Square. Mr. Ventura was unaware of the connection and asked the Town Attorney if there is a conflict of interest. Mr. Berman is a salesperson and the Town Attorney does not believe there would be any material, financial impact to Mr. Ventura on voting on this matter. Mayor Carlson asked if the business owner would be willing to limit the cash register to one, limit the number of seats to 18, and limit the number of employees to seven. Mr. Baldasano agreed. No one else from the audience wished to speak on this issue. Mrs. Benjamin moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mayor Carlson moved to find the Planning Commission erred in that the applicants traffic data indicates that there is, in fact, no significant increase in traffic. The Planning Commission erred in that they did not consider possible restrictions on the use in order to guarantee the use did not increase the traffic in town. The General Plan does call for encouraging resident serving businesses. The business is allowed to be open until 2:00 a.m. An in lieu fee of 1% to be paid in the impacted intersections. Therefore, move to grant the appeal with the conditions that 1) the number of seat be limited to 18; 2) the number of employees be limited to 7; and 3) the number of cash registers be limited to one. Mrs. Benjamin second with the addition that this is a resident serving business and the people have been asking for businesses that serve the residents. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voted no. By consensus motion the traffic policy is to be returned to staff for report back to Council with proposals for a revised traffic policy. INCREASE FEES COUNTY SOLID WASTE MANAGEMENT PROGRAM Mayor Carlson stated this was the time and place duly noted for consideration of fee increase for the County Solid Waste Management Program. No one from the audience wished to speak on this issue. Mrs. Benjamin moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved for the adoption of Resolution No. 1988-175 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN INCREASE IN THE SOLID WASTE MANAGEMENT PROGRAM FEE, with the two year sunset period. Mr.Ventura seconded. Carried unanimously. MODIFY FEE SCHEDULE FOR MOBILEHOME PARK CONVERSION PERMIT Mayor Carlson stated this was the time and place duly noted for public hearing to consider modifying the Town's fee schedule and determine the appropriate application fee for a Mobilehome Park Conversion Permit. Mayor Carlson stated he would be voting on this issue. No one from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved for the adoption of Resolution No. 1988- 176 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 1988-21 AND SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mr. Hamilton seconded. Carried unanimously. MINUTES AUGUST 1, 1988 Continued to the September 12, 1988 Council meeting. TREASURER'S REPORT JULY, 1988 AND SARATOGA SAVINGS & LOAN Mayor Carlson stated Council had received the July, 1988 Treasurer's report and the report regarding Saratoga Savings and Loan. Joan Schreiner was in attendance to answer Council's questions. The Treasurer was thanked for her reporting of the issues in a nonpartisan way. Mr. Hamilton also spoke on this issue. URGENCY ORD. FLOODPLAIN MANAGEMENT Mrs. Benjamin moved to make the findings that a.The Federal Emergency Management Agency has made substantial changes to the National Flood Insurance Program; regulations which necessitate the adoption of new flood hazard regulations that will supersede the regulations established in Ordinance 1413. b.The Federal Emergency Management Agency has suspended the Town of Los Gatos from the National Flood Insurance Program until such time as the Town amends the Floodplain management ordinance incorporating the revised Federal standards for regulating development in Special Flood Hazard Areas. c.As a result, flood insurance may not be sold or renewed, mortgage loans cannot be obtained from the Veterans Administration, mortgage loans cannot be insured by the Federal Housing Administration, and federal financial assistance cannot be provided for the permanent repair or reconstruction of insurable buildings in Special Flood Hazard Areas if a residentially declared disaster occurs due to flooding. d.In order to regain eligibility in the National Flood Insurance Program, the Town must submit a local legislative or executive measure reaffirming the communities intent to comply with the National Flood Insurance Program criteria and a copy of the revised and adopted floodplain management ordinance that is compliant with the current National Flood Insurance Program regulations. e.It is essential to adopt this Urgency Ordinance since the Town is in the process of enacting a permanent ordinance which cannot take effect until November 2, 1988 and it is possible that a flood could occur before the effective date of the permanent ordinance. Mr. Hamilton seconded. Carried unanimously. Mr. Ventura moved to waive the reading for AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONS. Mrs. Benjamin seconded. Carried unanimously. Sr. Deputy Clerk read title of the Ordinance. Mrs. Benjamin moved to introduce the ordinance. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Ordinance No. 1761 entitled, AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONS. Mr. Hamilton seconded. Carried unanimously. HISTORIC PRESERVATION COMMITTEE MEMBERS Mr. Ventura stated the Planning Commission relies on recommendations of this Committee. This Committee acts on verbal presentations and plans presented at the meetings. He feels brief staff reports would be useful to the Committee members. Mr. Ventura amoved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE ZONING ORDINANCE REGARDING THE APPOINTMENT OF HISTORIC PRESERVATION COMMITTEE MEMBERS. Mrs. Benjamin seconded. Carried unanimously. The Senior Deputy Clerk read the title of the Ordinance. Mr. Ventura amoved the ordinance be introduced. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. Mr. Ventura moved for the adoption of Resolution No. 1988-177 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH THE HISTORIC PRESERVATION COMMITTEE AS AN ADVISORY BODY TO THE PLANNING COMMISSION. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. LOS GATOS BLVD. IMPROVEMENTS Ron Zapf, Town Engineer, answered Council's question regarding the cost of contract support. Mayor Carlson moved for the adoption of resolution No. 1988- 178 entitled, RESOLUTION AUTHORIZING AMENDMENT NO. 4 to the agreement with ruth and going, inc. for los gatos boulevard improvements project 8608. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura voted no. EXPANSION SERVICE CENTER OFFICE BUILDING MURDOCK & ASSOC. There was discussion regarding the modular building and actual costs of the project. It was consensus of Council to continue this item to September 12 with a supplemental report on cost of the insurance for the project. AMENDING - LOS GATOS ADVISORY COMMITTEE (RAC) Discussion was held regarding: Paragraph Ia, has no language that the property owners and tenants be Los Gatos property owners and as stated in the staff report. Paragraph II is a repetition of paragraph Ib. Change language of first sentence regarding meetings without official notice. Any group that is advisory to the Council is subject to the Brown Act. Paragraph IIIb is not appropriate in a resolution to limit speaker time. The resolution should establish the group and set the basic purpose of the group. Staff to discuss with the Attorney whether they are covered by the Brown Act, resolution to be revised and returned to Council for consideration. No action taken. CLOSED SESSION The Town Attorney stated Council would meet in Closed Session at the adjournment of tonights meeting to discuss pursuant to Government Code Section 54956.9(a), Julius v Town. ADJOURNMENT Mayor Carlson declared the meeting adjourned at 10:30 p.m. to a Closed Session and to an adjourned regular Council meeting on September 12, 1988 at 7:30 p.m. ATTEST: Rebecca L. Yates Sr. Deputy Clerk