M 05-04-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 4, 1992
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 7:36 p.m., Monday, May 4, 1992, in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
MOMENT OF SILENCE
Mayor Carlson asked for a moment of silence to reflect on the recent tragedies in Los
Angeles, and requested that the flag be flown at half mast for the remainder of the week.
8805 PROJECT/LOT 4/PARKING/GARAGE/CONTRACT AWARD (01.35)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council award contract to
Dillingham Construction, the low bidder, in the total estimated amount of $2,182,800, and
authorize the Town Manager to sign the contract on behalf of the Town. Carried
unanimously.
SCHEDULE OF PUBLIC HEARINGS (02.01)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was
received and filed.
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
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Commissions was received and filed.
PAYROLL/RATIFICATION/APRIL 1992 (05.V)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council ratify the accompanying
check registers for payroll of March 29 through April 11, 1992 in the amount of $206,541.79
paid on April 17, 1992. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1992 (06.V)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $401,824.91 paid on April 14, 17
and 24, 1992. Carried unanimously.
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RETIREMENT FUNDS/ROSE ALDAG (08.02)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council authorize the Mayor to
sign the request for release of retirement funds and authorize the Clerk to forward the
release to The Mechanics Bank. Carried unanimously.
DEFERRED COMPENSATION/AUDIT (09.10)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council accept preliminary report
regarding audit of Deferred Compensation Plan assets. Carried unanimously.
BLOSSOM HILL ROAD #20/ANNEXATION/RESOLUTION 1992-69 (10.04)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-69
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE
ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLOSSOM
HILL ROAD NO. 20 TO THE TOWN OF LOS GATOS. Carried unanimously.
DISABILITY RETIREMENT/STEVEN YEP/RESOLUTION 1992-70 (11.02)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY
RETIREMENT OF STEVEN L. YEP, due to work related reasons for purposes of the Public
Employees' Retirement. Carried unanimously.
POLICE DEPARTMENT/COMMENDATION/STEVEN YEP/RESOLUTION 1992-71 (12.43)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-71
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING STEVEN L. YEP
FOR HIS DEDICATION TO PUBLIC SERVICE AS A POLICE OFFICER WITH THE TOWN
OF LOS GATOS. Carried unanimously.
SOLID WASTE COMMISSION/TASK FORCE/AB 939/RESOLUTION 1992-72 (13.07)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-72
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SOLID
WASTE COMMISSION OF SANTA CLARA COUNTY AS THE SANTA CLARA COUNTY
LOCAL TASK FORCE, under AB 939. Carried unanimously.
STORM DRAIN SYSTEM/CLEANING/WEST VALLEY SANITATION
AGREEMENT/RESOLUTION (15.37)
Mr. Attaway requested that Mrs. Benjamin, Committee Member of the West Valley Sanitation
District, follow up on the Town's request to be additionally insured on the District's policy.
Mrs. Benjamin agreed to bring the question to the Board of the District next Wednesday
when they meet again, and requested Town Attorney contact District Attorney to be apprised
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of the Town's request and concern. This action was moved by consensus.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council continue this item to the
meeting of May 18, 1992. Carried unanimously.
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8805 PROJECT/GEOMATRIX/ENVIRONMENTAL CONSULTING
LOT 4/PARKING/AGREEMENT/RESOLUTION 1992-73 (16A.35)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-73
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AMENDED AGREEMENT WITH GEOMATRIX
CONSULTANTS, INCORPORATED FOR ENVIRONMENTAL CONSULTING WORK FOR
PARKING LOT 4. Carried unanimously.
8805 PROJECT/BRIAN KANGAS FOULK/ENGINEERING AND DESIGN SERVICES
LOT 4/PARKING/AGREEMENT/RESOLUTION 1992-74 (16B.35)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-74
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE ADDENDUM TO AGREEMENT WITH BRIAN KANGAS FOULK
FOR ENGINEERING AND DESIGN SERVICES FOR PARKING LOT #4. Carried
unanimously.
OFFICE USES/GROUND FLOOR/CENTRAL BUSINESS DISTRICT/ORDINANCE 1899
ZONING ORDINANCE AMENDMENT/A-92-3 (17.46)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1899
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE PROHIBITING OFFICE USES ON THE GROUND
FLOOR ALONG STREETS IN THE CENTRAL BUSINESS DISTRICT, which was introduced
at the meeting of April 20, 1992. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton
voted no for reasons stated in previous record.
DEVELOPMENT REVIEW COMMITTEE/APPEALS/ORDINANCE 1900
ZONING ORDINANCE AMENDMENT/A-92-2 (18.46)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1900
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE CONCERNING APPEALS FROM DECISIONS BY THE
DEVELOPMENT REVIEW COMMITTEE, which was introduced at the meeting of April 20,
1992. Carried unanimously.
PLANNING COMMISSION/APPEALS/REMANDED BY COUNCIL/ORDINANCE 1901
ZONING ORDINANCE AMENDMENT/A-92-4 (19.46)
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Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1901
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS
29.20.295 AND 29.20.300 TO ALLOW THE COUNCIL TO REMAND APPEALED
APPLICATIONS TO THE PLANNING COMMISSION AND CLARIFY WHEN FINDINGS
OF ERROR ARE REQUIRED, which was introduced at the meeting of April 20, 1992.
Carried unanimously.
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HEARINGS
YARD SETBACKS/ACCESSORY STRUCTURES/ORDINANCE INTRODUCTION
ZONING ORDINANCE AMENDMENT/A-90-12/HEARING (20.46)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider the introduction of an ordinance amending the Town Zoning Ordinance to modify
the required yards for accessory structures other than secondary dwelling units and
accessory living quarters. Zoning Ordinance Amendment A-90-12. Applicant, Town of Los
Gatos.
The following people from the audience spoke to this issue:
Bill Parkin, 17100 Crescent Drive, spoke in support of the zoning ordinance amendment.
Jim Pellegrin, 17110 Crescent Drive, requested a means of redress to this issue in regards
to his individual property problems.
No one else from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council close the Public Hearing.
Carried unanimously.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council find that the Zoning
Ordinance Amendment is consistent with the General Plan. Carried unanimously.
Mr. Blanton, Mrs. Benjamin and Mr. Attaway requested staff consider a variance process
which would allow specific individual concerns regarding a property to be addressed in
relation to accessory units and yard setbacks in the hillsides.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council waive the reading of the
Draft Ordinance. Carried unanimously. The Town Clerk read the title of the Draft
Ordinance. (Noting that the correct ordinance was before Council although the Title was
incorrect. The correct Title was read by the Clerk from the Subject line of the staff report.)
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN
CODE TO MODIFY THE REQUIRED YARDS FOR ACCESSORY STRUCTURE OTHER THAN
SECONDARY DWELLING UNITS AND ACCESSORY LIVING QUARTERS; ZONING
ORDINANCE AMENDMENT A-90-12. Carried unanimously.
HUMAN SERVICES ELEMENT/GENERAL PLAN AMENDMENT
HEARING/RESOLUTION 1992-75 (21.46)
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Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider the introduction of an amendment to update the Human Services Element of the
General Plan. General Plan Amendment GP-92-3. Applicant, Town of Los Gatos.
The following people from the audience addressed this issue.
Mary Alice Blyce, Chair of the Community Services Commission, spoke of the Commission
review of the plan and support of staff's recommendation for approval.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
HUMAN SERVICES CONT.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council close the Public Hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council find that the General Plan
Amendment to the Human Services Element is internally consistent with the General Plan.
Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council adopt Resolution 1992-
75 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO
UPDATE THE HUMAN SERVICE ELEMENT OF THE GENERAL PLAN. Carried unanimously.
MULTI-FAMILY DWELLINGS/RESIDENTIAL ZONES/HEARING
ZONING ORDINANCE AMENDMENT/A-91-7/ORDINANCE INTRODUCTION (22.46)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider the introduction of an amendment for modifications to the Town Code to permit the
expansion of nonconforming multiple family dwelling units in residential zones. Zoning
Ordinance Amendment A-91-7. Applicant, Town of Los Gatos.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council close the Public Hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council find that the staff
recommended changes to the Zoning Ordinance in attachment # 4 of the staff report are
nonsubstantive. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council waive the reading of the
Draft Ordinance. Carried unanimously. The Town Clerk read the title of the Draft
Ordinance.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING FOR
NONSUBSTANTIVE CHANGES TO THE NONCONFORMING CHAPTER OF THE TOWN
CODE. Carried unanimously.
PALM AVE 55/ENCROACHMENT PERMIT/RESOLUTION 1992-76 (07.08)
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Mayor Carlson stated that this was the and place duly noted to consider the proposed denial
of request for Revocable Encroachment Permit on the public right-of-way fronting 55 Palm
Ave.
The following people from the audience addressed this issue:
Dennis Burrows, Architect for the project, 23895 Summit Road, addressed the age of the
sidewalk and the mitigation planned for the three inch rise, and submitted photographs for
the record.
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PALM AVE CONT.
Norman Reynolds, 1730 Hamilton Ave, spoke of the original condition of the area where
the brick sidewalk now exists, and agreed to Council's request to carry the Town as
additionally insured under a certificate of insurance in regards to the sidewalk liability issue.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-
76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
DIRECTOR OF BUILDING AND ENGINEERING SERVICES TO ISSUE A REVOCABLE
ENCROACHMENT PERMIT FOR A NON-STANDARD BRICK SIDEWALK IN THE
PUBLIC RIGHT-OF-WAY ALONG 55 PALM AVENUE. Carried unanimously.
MINUTES OF APRIL 20, 1992 (23.V)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council approve the Minutes of
April 20, 1992 as submitted. Carried unanimously.
TREASURER'S REPORT/MARCH 1992 (24.V)
Informational report submitted by the Treasurer to the Council for the month of March 1992,
received and filed.
SOLID WASTE MANAGEMENT/LOCAL ENFORCEMENT AGENCY (14.07)
Council consensus to continue this item to June 1, 1992 in order to pursue additional
options to those proposed by the County regarding Solid Waste Management.
SANITATION DISTRICT/COMMISSION AND COMMITTEE REPORTS
Mrs. Benjamin, reported on the West Valley Sanitation District and the Town's decision to
have the District run the non-point source program due to Town's lack of resources to run
this program. The user fee associated with this program requires a public hearing which will
be held by the District May 27, 1992. The Town will request that the Sanitation District
advertise this hearing in the "West" section of the Mercury News and the Weekly-Times.
The contract was also discussed with the agreement that the first three years shall run as is
due to start up costs and organizational concerns. The following years shall be subject to
annual review by the Town and the District.
ADJOURNMENT
Motion by Mrs. Benjamin, carried by Mr. Blanton, that Council adjourn this evening's
meeting at 9:24 p.m. Carried unanimously.
ATTEST:
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Marian V. Cosgrove
Town Clerk
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