Loading...
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 TC:D3:MM010692 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. TC:D3:MM010692 January 6, 1992 Los Gatos, California 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 TC:D3:MM010692 January 6, 1992 Los Gatos, California 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. TC:D3:MM010692 January 6, 1992 Los Gatos, California 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. TC:D3:MM010692 January 6, 1992 Los Gatos, California 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. TC:D3:MM010692 January 6, 1992 Los Gatos, California 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 TC:D3:MM010692 January 6, 1992 Los Gatos, California 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. TC:D3:MM010692 January 6, 1992 Los Gatos, California 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 TC:D3:MM010692