Loading...
M 02-19-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY February 19, 1991 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 7:44 p.m., Tuesday, February 19, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, and Mayor Brent N. Ventura. Absent:Steven Blanton and Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. MOMENT OF SILENCE Mayor Ventura asked that those in the audience give a moment of silence in recognition of our service men, women and civilians in the middle east at this time of crisis. PRESENTATION Mayor Ventura accepted a presentation of the American Flag to the Town from Lorraine Hulme and Bea Marchetti representing the Los Gatos Republican Women, Federated. Mrs. Marchetti made the presentation to the Town Clerk's Office were it will be displayed in the reception area. CLOSED SESSION Natalie West, Acting Town Attorney, reported that Council will meet in Closed Session following this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Kang Ming Ho vs. Town of Los Gatos et al. 9004 PROJECT/FORBES MILL/EARTHQUAKE DAMAGE/FEMA/CONTRACT Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the Council award contract for work to low bidder, Progressive Pacific, in total estimated amount of $19,485.00, and authorize Town Manager to sign contract on behalf of the Town, noting that project has qualified for FEMA and OES reimbursement. Carried by a vote of 3 ayes. Mr. Blanton and TC:D1:MM021991 Mr. Carlson absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/FEBRUARY 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of January 20 through February 2, 1991 in the amount of $215,340.91 paid on February 8, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. TC:D1:MM021991 February 19, 1991 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $152,480.14 paid on February 8, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. FAMILY FUN RUN/EDUCATION FOUNDATION/MAY 5, 1991 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the request by the Los Gatos Elementary Foundation to hold a 10-Kilometer Race and 2-mile Fun Run/Walk on Sunday May 5, 1991, subject to conditions listed in staff report. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. POSTING/TOWN NOTICES/LOCATIONS Informational item regarding the posting of Town's Public Notices in a fourth un-official location was received and filed. MASSOL COURT/RENAMED FROM MASSOL EXTENSION/RESOLUTION 1991-26 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE NAME "MASSOL COURT" ASSIGNED TO THE AREA NOW REFERRED TO AS MASSOL EXTENSION. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. NATIONAL AVE 15347/FINAL MAP/TRACT 8396/RESOLUTION 1991-27 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND ACCEPTING FINAL MAP OF TRACT 8396, and authorizing execution of the contract for public improvements. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. FAIR LABOR STANDARDS ACT/WORK PERIODS/RESOLUTION 1991-28 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1986-52 DECLARING WORK PERIODS UNDER THE FEDERAL FAIR LABOR STANDARDS ACT. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. SPACE DANCE FOR PEACE/FRIENDS OF ART/ART SCULPTURE/RESOLUTION 1991-29 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ENDORSING FRIENDS OF THE ARTS FUNDRAISING CAMPAIGN FOR PURCHASE OF "A SPACE DANCE FOR PEACE IV" ART SCULPTURE, by artist Paul Goreniuc. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. TC:D1:MM021991 February 19, 1991 Los Gatos, California CHRISTINE FISCHER/COMMENDATION/SERVICE/RESOLUTION 1991-30 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CHRISTINE L. FISCHER FOR EXEMPLARY SERVICE TO THE TOWN. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. TC:D1:MM021991 February 19, 1991 Los Gatos, California ABAG/CLAIMS PLAN CORP/$3,000 MAX/REPEAL RESO 1987-180/RESOLUTION 1991-31 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ATTORNEY AND THE ABAG PLAN CORPORATION TO SETTLE TORT CLAIMS NOT EXCEEDING THE SUM OF $3,000 AND REPEAL RESOLUTION 1987-180. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. ORDINANCE 1815/ZONING ORDINANCE AMENDMENT/HISTORIC DISTRICT DEVELOPMENT REVIEW COMMITTEE/APPLICATION FEES Natalie West, Town Attorney, stated that this item will be continued to March 4, 1991 due to the lack of a quorum caused by the abstention of a Councilmember stating possible conflict of interest. SANTA CRUZ AVE N 27/LOS GATOS BLVD 15466/CHAMPS ELYSEES/EBRAHEMI RESTAURANT RELOCATION/EARTHQUAKE DAMAGE/RESOLUTION 1991-32 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL USE PERMIT EU-90-13 TO RELOCATE A RESTAURANT WHICH WAS DISPLACED BY THE EARTHQUAKE FROM 27 N. SANTA CRUZ AVENUE TO THE CH ZONE LOCATED AT 15466 LOS GATOS BOULEVARD. (PAUL EBRAHEMI) Carried by a vote of 2 ayes. Mayor Ventura abstained due to previous absence. Mr. Blanton and Mr. Carlson absent. SANTA CRUZ AVE N 15-15½/OLD ALLIGATOR GRILL/WATSON/RESOLUTION 1991-33 RESTAURANT RELOCATION/EARTHQUAKE DAMAGE/FARWELL Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1991- 33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING CONDITIONAL USE PERMIT EU-77-24C REQUESTING PERMISSION TO EXTEND THE HOURS OF OPERATION FOR A RESTAURANT DISPLACED BY THE EARTHQUAKE ON PROPERTY IN THE C-2 ZONE. (JOHN WATSON) Carried by a vote of 2 ayes. Mayor Ventura abstained due to previous absence. Mr. Blanton and Mr. Carlson absent. HEARINGS LIVE ENTERTAINMENT/ZONING ORDINANCE A-90-10/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider approval of zoning ordinance A-90-10 permitting dancing and/or live entertainment in various zones with a conditional use permit. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council continue this item to TC:D1:MM021991 February 19, 1991 Los Gatos, California March 18, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. CAMINO DEL CERRO 15945/GUESS ESTATE/EARTHQUAKE DEMOLITION Mayor Ventura stated that this was the time and place duly noted for public hearing to consider appeal of Planning Directors decision to deny demolition permit for home damaged by earthquake. Property: 15945 Camino Del Cerro. Appellant: Evan Judd, Attorney for Mabel Guess Estate. TC:D1:MM021991 February 19, 1991 Los Gatos, California CAMINO DEL CERRO CONT. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council close the public hearing. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council deny the appeal as requested by appellant since the property has been sold and the new owner has requested this appeal be dropped. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. NORTH SANTA CRUZ AVE 227/GRIFFITHS/APPEAL Mayor Ventura stated that this was the time and place duly noted for public hearing to consider appeal of the Director of Building Services decision to require primary entrance accessibility features at 227 North Santa Cruz Ave. Appellant: James Griffiths. The following people from the audience spoke to this issue: James Griffiths, 121 Massol, requested Council's consideration of his project and approval to have exception to the handicapped accessibility requirements. Mr. Griffiths submitted drawings and photographs for the record. Jim Lewis, 156 Vista Del Monte, spoke for the need of proper handicapped access for the project. Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to reconsider the previous motion. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this item to March 18, 1991. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. BUDGET/1990-91/MID-YEAR Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council approve the increase in expenditures for Redevelopment in the amount of $6,000 as requested of Planning and Microfiche in the amount of $10,5000 as requested of Building, Engineering and Planning and to approve the expected revenue estimates as shown in attachment "A" of the staff report. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. MARIA'S BERRY FARM/WATER TOWER/RELOCATION/RESTORATION Informational item regarding the possible option of the Town's receiving funds from the Traffic Authority for restoration of the Berry Farm project was received and filed. Mr. Attaway made a statement for the record that Council should keep within its budget on this TC:D1:MM021991 February 19, 1991 Los Gatos, California item and that the Historical Preservation Society should be diligently soliciting grant money for this project. LOS GATOS BLVD 15698/LONG'S PHARMACY Long's Pharmacy request to reconsider Council's decision of February 6, 1990. Mrs. Benjamin had relayed her opinion to the manager and Mr. Ventura had abstained from discussion due to a possible conflict of interest. No action was taken and the report was received and filed. TC:D1:MM021991 February 19, 1991 Los Gatos, California MINUTES OF FEBRUARY 4, 1991 Mayor Ventura requested that the Minutes of February 4, 1991 be continued to March 4, 1991. MINUTES OF FEBRUARY 11, 1991 Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council approve the Minutes of February 11, 1991 as amended. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational report submitted by the Attorney regarding Town Code Violations and steps to ensure code enforcement was received and filed. A SPACE FOR TEENS/NEW YORK AVE/CONSTRUCTION PROPOSAL Informational report regarding consideration for funding to build a 2,000 square foot structure at New York Ave. was received and filed and Mayor Ventura requested that this item and its continuing development return to Council in two weeks. RECYCLING ADVISORY BOARD/COUNCIL APPOINTMENT Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council appoint Mr. Carlson and Mr. Attaway to the Recycling Advisory Board established by the Community Services Commission. Carried by a vote of 3 ayes. Mr. Blanton and Mr. Carlson absent. URBAN FORESTRY TASK FORCE/SANTA CLARA COUNTY/APPOINTMENT Mayor Ventura stated that this item would be continued to March 4, 1991 for further information from staff. SANTA CLARA COUNTY CITIES/COMMITTEE REPORT Mayor Ventura reported on the Santa Clara County Cities' meeting February 14, 1991, and the suggestion that town should file a letter of protest with the County regarding the booking fees and property tax collection in order to protect Town's future legal position in regards to these fees. Senator Maddy's bill will greatly expand the County's authority to collect fees for numerous other services. Council consensus to agendize this legislation in order for TC:D1:MM021991 February 19, 1991 Los Gatos, California Council to take an official position on it. CONGESTION MANAGEMENT/COMMITTEE REPORT Mrs. Benjamin reported that the Congestion Management Agency had chosen Wednesday, March 27, 1991, at Campbell City Hall Council Chambers, for the study session for all five cities to meet with their Councilmembers and Managers. SAN BENITO 645/HUSAIN/BUSINESS LICENSE PENALTY/APPEAL/HEARING Mayor Ventura stated that this was the time and place duly noted for public hearing to consider an appeal by licensee regarding penalty fees imposed upon business licence. Business Property: 645 San Benito Ave., Los Gatos. Owner: Ishrat Husain. There was no one in the audience to address this issue. Council consensus to continue this item to March 4, 1991 in order to contact the appellant regarding his notification. ADJOURNMENT Motion by Mayor Ventura, seconded by Mr. Attaway, to adjourn this meeting at 8:44 p.m. Natalie West, Acting Town Attorney, explained that Council would adjourn at this time and convene in regular session of the Redevelopment Agency. At the time of adjournment of the Redevelopment Agency, Council will meet in Closed Session pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Kang Ming Ho vs. Town of Los Gatos et al. ATTEST: TC:D1:MM021991 February 19, 1991 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM021991