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M 10-01-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 1, 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 7:40 p.m., Monday, October 1, 1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATIONS/STUDENTS/CAGLIARI, SARDINIA Mayor Ferrito introduced fifteen visiting high school exchange students from Cagliari, Sardinia traveling with their instructor, Pauloa Nani, who presented a letter from the Mayor of Cagliari and a gift from their City of a book showing one of the oldest districts in Cagliari. Mayor Ferrito presented mementos from Los Gatos to the students and extended the well wishes of the Town to them. PRESENTATIONS/TOWN EMPLOYEES/YEARS OF SERVICE Mayor Ferrito announced the presentation of awards to the following employees for their years of service with the Town of Los Gatos. Fifteen Years of Service Award to Fred Cross, Ralph Orozco, L.T. Pankey, Jim Schoenborn, and Eleanor Hastings. Twenty Years of Service Award to William Hayes. Eleanor Hastings was present to receive her commendation from the Mayor and express her appreciation. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that previous to this evening's meeting Council had met in Closed Session pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Helen Oliver-Hultin versus the Town of Los Gatos. There was TC:D1:MM100190 no report from that discussion. Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There was no report from that discussion. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. TC:D1:MM100190 October 1, 1990 Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/SEPTEMBER 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for Council's ratification of the accompanying check registers for payroll of September 2 through September 15, 1990 in the amount of $217,374.37 paid on September 21, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of accompanying check registers for accounts payable invoices in the amount of $122,411.63 paid on September 21, 1990. Carried unanimously. NATIONAL AVE 15385/LANDSCAPING AND LIGHTING/ASSESSMENT DISTRICT/RESOLUTION 1990-203 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 203 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENTION TO FORM A LANDSCAPING AND LIGHTING DISTRICT WITHIN THE BOUNDS OF TRACT 8306 LOCATED AT 15385 NATIONAL AVENUE, and schedule a public hearing for the October 15, 1990 Town Council meeting. Carried unanimously. CABLEVISION/SOUTH BAY CABLE/COMPLAINTS Informational report to Council regarding complaints received from subscribers concerning their cable service was received and filed. SCULPTURE/ERIC ZIEMELIS/ACCEPTANCE BY TOWN Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve the recommendation from the Arts Commission and the Parks Commission to accept the proposal from Eric Ziemelis contingent upon agreed terms and approve placement of the work at Town Hall as shown in exhibit 3 of the Council report. Carried unanimously. TC:D1:MM100190 October 1, 1990 Los Gatos, California RUN FOR THE RESCUERS/ANIMAL SOCIETY/NOVEMBER 3, 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve The Animal Society of Los Gatos/Saratoga - Second Annual "Run For The Rescuers" at Oak Meadow Park on November 3, 1990 subject to staff recommendations. Carried unanimously. TC:D1:MM100190 October 1, 1990 Los Gatos, California LOS GATOS BOULEVARD 15810/BRADFORD AND BROWN REVOCABLE ENCROACHMENT PERMIT/RESOLUTION 1990-208 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 208 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT TO DOCTORS BRADFORD AND ANNE BROWN FOR A BLOCK WALL ALONG THE PUBLIC RIGHT- OF-WAY AT 15810 LOS GATOS BOULEVARD. Carried unanimously. CHARLIE WEDEMEYER CLASSIC/10-KILOMETER RUN/NOVEMBER 3, 1990 Informational report regarding the second annual 10K run and 3 mile walk was received and filed. LIBRARY/ARCHITECTURAL SERVICES/SPENCER ASSOCIATES/RESOLUTION 1990-204 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 204 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LIBRARY ARCHITECTURAL SERVICES WITH SPENCER ASSOCIATES, for the grant application for the new library. Carried unanimously. CYPRESS WAY 16981/DOZIER & PICETTI/S-90-16 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that staff hold the cash deposit from Mr. Dozier and to construct the sidewalk along the frontage of 16975, 16981 and 16991 Cypress Way as part of 1991-92 Annual Sidewalk Reconstruction Program. Carried unanimously. CYPRESS WAY 16981/DOZIER/RESOLUTION 1990-205 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 205 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION FOR APPROVAL OF PLANS TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE IN THE R-1:8000 ZONE AND MODIFYING SAID APPROVAL (16981 CYPRESS WAY - JOHN DOZIER), which reflects the findings and decisions of the Town Council at its September 17, 1990 meeting. Carried unanimously. TC:D1:MM100190 October 1, 1990 Los Gatos, California VERBAL COMMUNICATIONS Michael Burke, 16769 Hicks Road, requested that Council look into the use permit of the Los Gatos Christian Church and see that traffic mitigation and parking regulations are adhered to. Mayor Ferrito stated that this verbal communication will act as impetus for staff to bring a report regarding this issue back to the Council as an agenda item. TC:D1:MM100190 October 1, 1990 Los Gatos, California HEARINGS WINCHESTER BOULEVARD 14750/ELECTRICAL SUBSTATION/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider request for modification to a previous condition of approval for an electrical distribution substation in the CM Zone. Conditional Use Permit Application U-75-4B. Owner: Pacific Gas & Electric Company. Property: 14750 Winchester Boulevard. Appellant: Thelma Spaziani, Vice-President-Political Liaison, Charter Oaks Townhouse Association. The following people from the audience addressed this issue: Thelma Spaziani, representing Charter Oaks Association, expressed some concerns regarding the sub-station but were under the general impression that their concerns were being met after meeting with PG&E representatives and would like to withdraw their appeal at this time. Burt Klick, Butte City California, owner of neighboring property, Courtside Office Plaza, has no objection to sub-station but objects to the continued extension of the obligations that PG&E had committed to in this location also referring to safety issue of existing poles. Bob Storm, Manager for PG&E, 16780 Lark Ave., addressed the concerns of the neighbors and stated that there would be an effort made by the company to offer some mitigation to their concerns and will proceed with the landscaping as soon as possible. There was no one else who spoke to this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council deny the appeal at this time. Carried unanimously. Mr. Ventura requested the opportunity to meet with the Department of Parks, Forestry and Maintenance to review PG&E's landscaping plans. Consensus of Council. RELOCATION PLAN/VILLA AVENUE RESIDENTS/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider approval of a relocation plan for Villa Avenue residents who will be relocated as a result of new Library project. TC:D1:MM100190 October 1, 1990 Los Gatos, California The following person spoke to this issue: Mark Mander, 56 Villa, submitted a written response to the Town Attorney's analysis of his first letter reviewing this matter. Requests this plan not be adopted at this time due to recent amendments made to original plan fail to bring the plan into compliance with state statutory requirements and standards set forth in letter of September 12, 1990 from Nancy Javor. No one else addressed this issue. TC:D1:MM100190 October 1, 1990 Los Gatos, California RELOCATION PLAN CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to continue this item to November 5, 1990. Carried unanimously. CONFLICT OF INTEREST Due to a possible conflict of interest regarding the following item Mayor Ferrito and Mr. Hamilton will abstain, and left the dias at 8:35 p.m. Vice-Mayor Ventura presiding. 8805 PROJECT/PARKING/LOT 4/INTERIM PARKING CONSTRUCTION Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council proceed with the construction of an interim parking lot, and authorize $66,500 for this purpose and placing as many compact spaces as possible, with handicapped to be placed above on the street. Carried by a vote of 3 ayes. Mayor Ferrito and Mr. Hamilton absent. Mayor Ferrito and Mr. Hamilton returned to the dias at 8:45 p.m. TREASURER'S REPORT Informational report submitted by the Treasurer to the Council for the month of August 1990, received and filed. EARTHQUAKE RESTORATION POLICIES/REPAIR AND RECONSTRUCTION RESOLUTIONS 1990-206 AND 1990-207 Motion by Mrs. Benjamin, seconded by Mr. Carlson, to modify exhibit 3 to read, "Application for projects relating to the Earthquake which are filed after December 31, 1990, will be assessed all applicable Planning and Building fees. Carried by a vote of 3 ayes. Mayor Ferrito and Mr. Ventura abstained due to a possible conflict of interest. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt proposed amendments to the Guidelines for Repair and Reconstruction of Earthquake Damaged Buildings, (exhibit 2 of staff report). Carried by a vote of 3 ayes. Mayor Ferrito and Mr. Ventura abstained due to a possible conflict of interest. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council grant a stay of the one year time limit for displaced restaurants with a Conditional Use Permit that are unable to TC:D1:MM100190 October 1, 1990 Los Gatos, California open for business due to the earthquake and that Dolce Spazio Gelato, High Thai and Pacific Rim be allowed 180 days in which to reopen from the date a final occupancy permit is issued for their respective buildings, and that this same concession be made for Richochet, this being consistent with the previous approval given to nonconforming restaurants and bars. All displaced restaurants and bars will now have 180 days in which to reopen from the date their tenant space can be occupied. Carried unanimously. TC:D1:MM100190 October 1, 1990 Los Gatos, California EARTHQUAKE RESTORATION CONT. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 206 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING PAYMENT OF FEES FOR EARTHQUAKE REPAIR AND RESTORATION OR DEMOLITION APPLICATIONS, including new deadline of December 31, 1990, advertisement in local paper to inform interested parties of their rights to apply under earthquake waiver, and letter to known owners of damaged property who have not yet applied or who have not applied in sufficiency, this letter to advise owners to discuss problems with Town staff and fill out application whether or not they are prepared to proceed. Carried by a vote of 3 ayes. Mayor Ferrito and Mr. Ventura abstained due to a possible conflict of interest. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-207 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING RESTAURANTS AND BARS WHICH WERE DISPLACED BY THE OCTOBER 17, 1989 EARTHQUAKE, giving these businesses 180 days from the date final occupancy is granted for the affected buildings in which to reopen. Carried unanimously. KNOWLES DRIVE/HOUSING PROJECT Informational report to Council received and filed. ROUTE 85/FREEWAY AGREEMENT Informational report to Council regarding meeting held received and filed. COUNCIL REPORTS Mayor Ferrito indicated that there will be an IGC meeting Monday night. The Intergovernmental Issue will be discussed and the Mayor would appreciate having Council's input on this as soon as possible. ADJOURNMENT Mayor Ferrito adjourned the meeting at 8:55 p.m. ATTEST: TC:D1:MM100190 October 1, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM100190