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M 08-06-90COUNCIL AGENDA TOWN OF LOS GATOS DATE: 09/04/90 CALIFORNIA ITEM NO._________ TOWN COUNCIL/PARKING AUTHORITY August 6, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 100 East Main Street, at 7:34 p.m., Monday, August 6, 1990, in regular session. ROLL CALL Present:Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:Joanne Benjamin, Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. ARTS COMMISSION/COMMENDATION/NANCY ANN BURBANK Mayor Ferrito presented a commendation for service to the community to Nancy Ann Burbank for her years of service on the Arts Commission. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session after the Council meeting of July 23, 1990 on a Personnel Item pursuant to Government Code Section 54957. After that meeting there was a report that the Town had hired a new Town Manager, David Knapp. This has been announced through a press release. Prior to this evening's meeting, pursuant to Government Code Section 54956.9(a), Council met in Closed Session to discuss Pending Litigation in regards to Crafford, et al. vs Town. There is no report from that discussion. Pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Kang Ming Ho vs Town Council. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion at this time. SCHEDULE OF PUBLIC HEARINGS TC:D1:MM080690 Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Informational report regarding county referrals was received and filed. Mayor Ferrito commented on the referral from the City of San Jose regarding Almaden Vinyards, stating that Los Gatos Town Council had been extremely cautious in the last decade in attempting to avoid traffic congestion as a result of development. Studies have shown that a project even that far away will impact some of our intersections and add to existing congestion. Developments in neighboring communities, do in fact, affect our traffic and the congestion within our own community. TC:D1:MM080690 August 6, 1990 Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report regarding Planning Department's monthly status report was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item agendizing Town Board and Commission meetings. PAYROLL/RATIFICATION/JULY 1990 Motion by Mr. Ventura, seconded by Mr. Hamilton, for ratification of the accompanying check registers for payroll of 6/24/90-7/07/90 and 7/08/90-7/21/90 in the amount of $467,857.13 paid on 7/13/90 and 7/27/90 and POA uniform allowance paid on 7/20/90. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. ACCOUNTS PAYABLE/RATIFICATION/JULY 1990 Motion by Mr. Ventura, seconded by Mr. Hamilton, for ratification of accompanying check registers for accounts payable invoices in the amount of $672,307.50 paid on 7/13, 7/20, 7/23, and 7/27 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. MUSEUM COMMISSION/RESCINDING ENABLING RESOLUTION/RESOLUTION 1990-157 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1988-217 REGARDING THE MUSEUM COMMISSION ENABLING RESOLUTION. Carried by a vote of 2 ayes. Mr. Ferrito voted no for reasons stated in previous record. Mrs. Benjamin and Mr. Carlson absent. MUSEUM COMMISSION/COMMENDATIONS FOR SERVICE TO TOWN ALICE MC CAMMON/RESOLUTION 1990-158 JAMES GRUPP/RESOLUTION 1990-159 LYN PICKENS-PACKARD/RESOLUTION 1990-160 DON DODSON/RESOLUTION 1990-161 MARY EASTHAM/RESOLUTION 1990-162 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolutions 1990- 158, 159, 160, 161 and 162 entitled, RESOLUTIONS OF THE TOWN OF LOS GATOS COMMENDING: ALICE MC CAMMON JAMES GRUPP LYN PICKENS-PACKARD DON DODSON MARY EASTHAM TC:D1:MM080690 August 6, 1990 Los Gatos, California OF THE LOS GATOS MUSEUM COMMISSION. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. ALCOHOL BEVERAGE LICENSE TRANSFER Informational item regarding transfer of alcoholic beverage licence received and filed. TC:D1:MM080690 August 6, 1990 Los Gatos, California GLASS RECYCLING/AB3050/RESOLUTION 1990-163/AB2622/RESOLUTION 1990-170 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING ASSEMBLY BILL 3050 regarding glass recycling. This motion includes a request for staff report on the progress and development of AB1490. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 170 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING ASSEMBLY BILL 2622 regarding glass recycling. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. FOREST AND WILDLIFE PROTECTION/BOND ACT OF 1990/RESOLUTION 1990-164 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE FOREST AND WILDLIFE PROTECTION AND BOND ACT OF 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. AMICUS BRIEF/SURFSIDE COLONY,LTD VS.CALIFORNIA COASTAL COMMISSION Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council authorize participation in the above referenced case at no cost to the Town. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. 8717A PROJECT/UNDERGROUND STORAGE/SERVICE CENTER/RESOLUTION 1990-165 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8717A - UNDERGROUND STORAGE - APPROVAL OF PLANS AND SPECIFICATIONS. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. PARKING PROHIBITION/TRAFFIC LANE/BLOSSOM HILL BLVD/RESOLUTION 1990-166 BETWEEN ROBERTS ROAD AND LOS GATOS BLVD Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1990- 166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FOR PARKING PROHIBITION ON BLOSSOM HILL ROAD, which prohibits parking on the south side of Blossom Hill Road, west of Roberts Road for a distance of 230 feet and two areas on the north side of Blossom Hill Road at 615 Blossom Hill Road. Included in this motion is a request that Council receive a follow up report regarding safety issues concerning the bike lane on the sidewalk. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. BLOSSOM HILL ROAD 300/VASONA HILLS/TRACT 8280/OPEN SPACE DISTRICT TC:D1:MM080690 August 6, 1990 Los Gatos, California ORDINANCE 1836 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Ordinance 1836 entitled, ORDINANCE OF THE TOWN OF LOS GATOS FIXING AND ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF AN OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8280, VASONA HILLS SUBDIVISION, LOCATED AT 300 BLOSSOM HILL ROAD, which was introduced at the Town Council meeting of July 16, 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM080690 August 6, 1990 Los Gatos, California HEARINGS LOS GATOS BLVD 227/FROMM/DEMOLITION/EARTHQUAKE DAMAGE/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of the Director of Building Services decision to issue a Notice and Order requiring the demolition of a pre-1900 structure significantly damaged by the Loma Prieta Earthquake. Property: 227 Los Gatos Blvd. Owners: Mr. and Mrs. Fromm. The following people from the audience wished to address this matter: Scott Baker, Town's Director of Building Services, is requesting demolition under Urgency Ordinance 1824, because of the dangerous condition of the building due to: baring walls damaged to be unable to support; structural and supporting members unable to carry imposed loads; building considered a public nuisance; defects endangering adjoining properties. Requests for proposal would include plan to remove architecturally significant items which were previously identified and store them. Bids would also be sought on saving the second floor. John Stern, Community Housing Developers, owners of 221 Los Gatos Blvd, encourages the Town to order the demolition due to the dangerous state of the building and the possibility of it falling on his property. Mary Felice, 221 Los Gatos Blvd, 48 year resident of Los Gatos, asks for demolition and is worried about the number of people who wander on this property in order to take pictures and look at the damaged building. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council deny the appeal and authorize Town to proceed to solicit bids for demolition and the alternative of saving the second story. A thirty day period for the Fromm's to execute any alternatives available to them to preserve the house will be given and a letter will be sent to them explaining these options and including the allegation made by the neighbors that the bracing has been constructed on the neighbor's property. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. WEED ABATEMENT/ASSESSMENT/RESOLUTION 1990-167 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement on weeds within Los Gatos and adoption of Resolution adopting report describing parcels of real property and showing amount of weed abatement charges to be collected on the tax roll of the Town of Los Gatos. There was no one from the audience who wished to speak to this issue. TC:D1:MM080690 August 6, 1990 Los Gatos, California Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1990- 167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1990-91. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. TC:D1:MM080690 August 6, 1990 Los Gatos, California SHANNON ROAD 14615/HABIB AZAR/TENTATIVE MAP APPROVAL/EIR CERTIFICATION RESOLUTION 1990-168 Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council adopt Resolution 1990-168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RATIFYING TOWN COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF TENTATIVE MAP FOR 15 LOT SUBDIVISION OF 54.7 ACRES OF HILLSIDE LAND ALONG SANTA ROSA DRIVE AND NORTH OF SHANNON ROAD IN THE HR-2½ ZONE, (SANTA ROSA HEIGHTS SUBDIVISION - HABIB AZAR), which memorializes the Town Council's decisions of the Town Council meeting of July 16, 1990, with the additional condition that the trails be constructed as indicated on the tentative map per the satisfaction of the Town's Engineer. Carried by a vote of 2 ayes. Mr. Hamilton voted no for reasons stated in previous record. Mrs. Benjamin and Mr. Carlson absent. MINUTES OF JULY 16, 1990 By consensus continued to August 20, 1990. MINUTES OF JULY 23, 1990 Motion by Mr. Hamilton, seconded by Mr. Ferrito, to approve the Minutes of July 23, 1990 as submitted. Carried by a vote of 2 ayes. Mr. Ventura abstained. Mrs. Benjamin and Mr. Carlson absent. TREASURER'S REPORT Treasure's report for June 1990 was received and filed. RELOCATION PLAN/VILLA AVE RESIDENTS/RESOLUTION 1990-169 Mark Mander, 56 Villa Ave., resident of the relocation district, expressed concerns as to the method used in obtaining the square footage of living space he utilizes. Motion by Mr. Hamilton, seconded by Mr. Ferrito, that Council adopt Resolution 1990- 169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE DRAFT OF THE RELOCATION PLAN FOR THE VILLA AVENUE RESIDENTS. Carried by a vote of 2 ayes. Mr. Ventura abstained, stating he will wait on his decision until after the 30 day period for comment has passed and he has had the opportunity to hear the concerns of the residents. Mrs. Benjamin and Mr. Carlson absent. PARKING DISTRICT/LOT #4/HAZARDOUS WASTE REMEDIATION Mayor Ferrito explained the appropriateness of himself and Mr. Hamilton voting on this procedural matter, stating that in order to avoid other impacts of delay in the absence of other Council members they would proceed to vote. The Town Attorney's opinion was that there was no material financial affect involved with this procedural item and recommended TC:D1:MM080690 August 6, 1990 Los Gatos, California that both Council Member's vote. John Sutton, Civil Engineer for Kaldveer Associates, explained some of the problems with the vats and tanks found at the location of parking lot #4. Randy Rowley, Engineer Geologist and Environmental Specialist with Kaldveer Associates, spoke of the extent of the contamination at this site in the soil and in the water. TC:D1:MM080690 August 6, 1990 Los Gatos, California PARKING DISTRICT LOT #4 CONT. Motion by Mr. Ventura, seconded by Mr. Hamilton, that the Council direct the staff to request proposals from consultants to prepare a remediation plan for approval by the Regional Water Quality Control board, or its agent, with the variety of alternatives, and looking at cost and time. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. FORTUNE TELLING BUSINESS REGULATIONS By consensus continued to August 20, 1990. LIBRARY BUILDING CONSULTANT SELECTION Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council approve the use of Town staff time to interview, select, and work with a library building consultant who would develop a building program for the new library. Cost for the consultant's work paid from the Library Trust Fund, contingent upon formal approval by Library Board at Board's meeting on August 8, 1990. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. BEAN AVE 212/PREFERENTIAL PARKING Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council deny the request at this time to allow permit parking on Bean Avenue between Wilder Avenue and Santa Cruz Avenue and to send a letter to the owners that if they wish to pursue it further that they should circulate a petition among the users and residents from 212 Bean west, and that Council would reconsider at that time. Carried by a vote of 3 ayes. Mrs. Benjamin and Mr. Carlson absent. BUS LAYOVER RELOCATION/ALTERNATIVE SITES/MAIN STREET E. 110 By consensus Council continued this item to September 4, 1990. ADJOURNMENT Mayor Ferrito adjourned this meeting at 8:46 p.m. ATTEST: TC:D1:MM080690 August 6, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM080690