M 01-06-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
January 6, 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 7:40 p.m., Monday, January 6, 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.
9211 PROJECT/SIGNALIZATION/WIMBLEDON & WINCHESTER
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council award the contract to the
low bidder G.A.B. Construction in the total amount of $44,000, and authorize the Town
Manager to sign the contract on behalf of the Town. Carried unanimously.
MAYOR'S PROPOSAL
Mayor Carlson proposed a modification to the agenda which would allow the public to
request removal of items from the consent calendar. Public's requests would be heard after
the Public Hearings, and Council's would be discussed after the Office of the Town Manager.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT
Informational report regarding activity of Planning Commission and Department was
received and filed.
PAYROLL/RATIFICATION/DECEMBER 1991
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council ratify the accompanying
check registers for payroll of November 24 through December 7, 1991 and December 8 through
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December 21, 1991 in the amount of $444,358.25 paid on December 13 and 27, 1991. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1991
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $338,616.85 paid on
December 20 and 27, 1991. Carried unanimously.
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COUNCIL CALENDAR OF MEETINGS
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
LOS GATOS MUSEUM ASSOCIATION/FUND ALLOCATION
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council re-encumber the
remaining balance on P.O. 10650 in the amount of $734.21 to account number 010-790-
6151, and authorize funding from the fund balance.Carried unanimously.
PARATRANSIT PLAN/AMERICANS WITH DISABILITIES ACT
Motion by Mr. Attaway, seconded by Mr. Ventura, that the Council approve draft letter
with this evening's report for the Mayor's signature. Carried unanimously.
CLAIM REJECTION/JACQUELINE NUNES
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council reject the claim of
Jacqueline Nunes filed with the Town Clerk on November 27, 1991. Carried unanimously.
ASSET FORFEITURE FUND EXPENDITURE/RESOLUTION 1992-1
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-1
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SET FORTH PROCEDURE FOR EXPENDITURE BY THE POLICE
DEPARTMENT OF ASSET FORFEITURE MONIES. Carried unanimously.
LIBRARY STAFF TRAINING/LEADERSHIP DEVELOPMENT/DALE WATSON & ASSOC.
RESOLUTION 1992-2
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-2
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN A CONTRACT WITH DALE WATSON & ASSOCIATES,
INCORPORATED FOR LEADERSHIP DEVELOPMENT TRAINING. Carried unanimously.
8606 PROJECT/LOS GATOS CREEK TRAIL/RESOLUTION 1992-3
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM GRANT
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-3
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO APPLY FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE 1989 FOR PROJECT 8606 - LOS GATOS CREEK
TRAIL. Carried unanimously.
UNIVERSITY AVE 50/COMEDY CLUB/OLD TOWN THEATER/RESOLUTION 1992-4
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-4
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE
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DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR
PERMISSION TO OPERATE A COMEDY CLUB IN THE OLD TOWN THEATER AND TO
PERMIT THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES IN THE C-2-LHP ZONE; CONDITIONAL USE PERMIT APPLICATION U-91-
19, which incorporates the findings and decision of the Council at its meeting of December
16, 1991, and is to include reference to consideration of the Old Town Theater as an historic
community resource. Carried unanimously.
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SANTA CRUZ AVE N 21/ANDALE'S TAQUERIA/CRALL ESTATE/EARTHQUAKE DAMAGE
RESOLUTION 1992-5
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Resolution 1992-5
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THE OPENING
AND OPERATION OF A RESTAURANT WHICH INCLUDES THE SERVING OF WINE
AND BEER WITH MEALS, TO BUY INTO THE PARKING ASSESSMENT DISTRICT AND
THE CONSTRUCTION OF ADDITIONAL SQUARE FOOTAGE TO AN EARTHQUAKE
DAMAGED HISTORIC COMMERCIAL BUILDING IN THE C-2 LHP ZONE;
CONDITIONAL USE PERMIT APPLICATION EU-81-61B; ARCHITECTURE AND SITE
APPLICATION ES-91-74, which incorporates the findings and decision of the Council at its
meeting of December 16, 1991.Carried by a vote of 4 ayes. Mrs. Benjamin abstained.
PUBLIC NUISANCE/CONTAMINATED PUBLIC PROPERTY/ORDINANCE 1883
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Ordinance 1883
entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING CONTAMINATED
PUBLIC PROPERTY A PUBLIC NUISANCE, which was introduced at the Town Council
meeting of December 16, 1991. Carried by a vote of 4 ayes. Mrs. Benjamin abstained.
PARKING/ORDINANCE MODIFICATION/NONCONFORMING AS TO PARKING
OPERATION WITH RESTRICTIONS/ORDINANCE 1884
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council adopt Ordinance 1884
entitled, ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING REGULATIONS FOR
NONCONFORMING USES ALLOWING PROPERTIES THAT ARE NONCONFORMING AS
TO PARKING TO CONTINUE OPERATING WITH RESTRICTIONS, which was introduced
at the Town Council meeting of December 16, 1991. Carried by a vote of 4 ayes. Mrs.
Benjamin abstained.
HEARINGS
TOWN CODE/ADOPTION OF AMENDMENTS/HEARING/ORDINANCE 1885
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider adopting an ordinance codifying certain ordinances of the Town of Los Gatos
entitled "Municipal Code of the Town of Los Gatos" repealing certain ordinances, adopting
general provisions applying to the code and providing penalties for violation.
No one from the audience addressed this issue.
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council close this public hearing.
Carried unanimously.
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Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1885
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A CODIFICATION OF
CERTAIN ORDINANCES OF THE TOWN OF LOS GATOS ENTITLED "MUNICIPAL CODE
OF THE TOWN OF LOS GATOS" REPEALING CERTAIN ORDINANCES, ADOPTING
GENERAL PROVISIONS APPLYING TO THE CODE AND PROVIDING PENALTIES FOR
VIOLATION, which was introduced at the Town Council meeting of December 16, 1991.
Carried unanimously.
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REDEVELOPMENT FUNDS/LOS GATOS UNION SCHOOL DISTRICT/HEARING
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council remove this item from
tonight's agenda due to Redevelopment Agency's Special Counsel determining that a
hearing is not required on the use of Agency funds for facilities for the Los Gatos Union
School District. Carried unanimously. The draft agreement with the Los Gatos Union
School District has been prepared and is being reviewed by the District. The draft
agreement is tentatively scheduled for consideration on January 21, 1992. Carried by a vote
of 4 ayes. Mr. Ventura abstained.
MINUTES OF DECEMBER 16, 1991
Mr. Ventura requested a correction to page 3, under Andale Taqueria, that "Mr. Ventura
asked the owner if he understood and agreed that they would not be able to
occupy the premises until they had paid the parking fees and traffic mitigation
fees", and the owner's affirmative response, be added to verbal comments.
Mr. Ventura requested correction to page 6, under Solid Waste Management, that the
advisory committee be identified as "a Citizens Rate Review Advisory Committee" to be
comprised of citizens as opposed to staff and Council.
Mrs. Benjamin requested correction to page 10, under The Comedy Club, the addition that
"There could be a Comedy Club in Town in a more appropriate location."
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council approve the Minutes of
December 16, 1991 as amended. Carried unanimously.
TREASURER'S REPORT/NOVEMBER 1991
Informational report submitted by the Treasurer to the Council for the month of November
1991, received and filed.
PUBLIC RIGHT-OF-WAY/ENCROACHMENT/ORDINANCE INTRODUCTION
Motion By Mr. Attaway, 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. Ventura, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 26-6 OF
THE TOWN CODE REGARDING OBSTRUCTION OF STREETS AND SIDEWALKS.
Carried unanimously.
BAY VISION 2020/REGIONAL GOVERNANCE
Motion by consensus, that Council direct staff to prepare a letter to Senator Morgan for the
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Mayor's signature supporting ABAG's position on regional governance and requesting
Senator Morgan to delay development of legislation regarding this matter until the issues
raised by ABAG have been resolved, including the following issues raised by the Council:
no new agencies should be formed unless four following conditions are met;
(1)municipalities shall not loose any of their decision making powers (land use, regulatory,
financial); (2) the region encompasses a large enough area; (3) bureaucracy is reduced;
(4) there is equal representation. Mayor Carlson requested that this be a Town position
statement to be used in sending out to other cities, groups and committees, and that this
come to Council in the next items of interest from the Manager.
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UNIVERSITY AVE 237/EARTHQUAKE DAMAGE/HISTORIC REMODEL/HERNANDEZ
RESOLUTION 1992-6
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-6
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
DECISION OF THE EARTHQUAKE RESTORATION COMMITTEE DENYING THE FRONT
PORCH RECONFIGURATION OF AN EARTHQUAKE DAMAGED SINGLE-FAMILY
RESIDENCE AND THE SHAPE OF A WINDOW IN THE PROPOSED DETACHED TWO
CAR GARAGE LOCATED IN THE R-1D LHP ZONE. ARCHITECTURE AND SITE
APPLICATION ES-91-49, which incorporates the findings and decision of the Council at its
meeting of December 16, 1991, with changes to the first four findings. The words "will be"
shall be changed to read "may be". Finding five shall remain unchanged. Carried by a vote
of 4 ayes. Mrs. Benjamin abstained.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adjourn this evening's
meeting to closed session at 8:05 p.m. Carried unanimously.
ATTEST:
Deputy Clerk
Kim Kolerus
Marian V. Cosgrove
Town Clerk
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