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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 TC:D3:MM050492 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. TC:D3:MM050492 May 4, 1992 Los Gatos, California 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 TC:D3:MM050492 May 4, 1992 Los Gatos, California 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. TC:D3:MM050492 May 4, 1992 Los Gatos, California 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) TC:D3:MM050492 May 4, 1992 Los Gatos, California 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. TC:D3:MM050492 May 4, 1992 Los Gatos, California 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) TC:D3:MM050492 May 4, 1992 Los Gatos, California 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. TC:D3:MM050492 May 4, 1992 Los Gatos, California 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) TC:D3:MM050492 May 4, 1992 Los Gatos, California 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. TC:D3:MM050492 May 4, 1992 Los Gatos, California 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: TC:D3:MM050492 May 4, 1992 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D3:MM050492