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M 09-08-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 8, 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 7:53/8:05 p.m., Tuesday, September 8, 1992, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. COMMENDATION/HISTORIC PRESERVATION/ANDERSON Mayor Carlson presented a Commendation to Patricia Anderson and thanked her, on behalf of the Town for her eight years of service on the Historic Preservation Committee. CLOSED SESSION Kate Anderton, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a), Pending Litigation and Government Code Section 54957, Personnel to discuss the following items: State of California, et al. v. Rosendin Electric, Inc., et al. Council agreed to accept and authorized a settlement in the class action suit. Town of Los Gatos v. Zaloumis, et.al. A status report was given. Council made the finding that litigation had been threatened regarding an employee dispute and the background related to this dispute was discussed. Town Manager Annual Evaluation TRAILS COMMITTEE/APPOINTMENTS/TWO VACANCIES (00.20) Mayor Carlson announced that applications from Peter Fournier, David McKay, Dale Phelps TC:D4:MM090892 and Shari Walter had been received for two vacancies on the Trails Committee. Mrs. Benjamin suggested that since all candidates where so highly qualified they should all be appointed to the Committee. Motion by Mrs. Benjamin, seconded by Mr. Ventura to appoint all four candidates to the Trails Committee. Carried by a vote of four ayes. Mr. Blanton voting no. Mr. Blanton said he could not support the motion because he felt that the Committee would be to large to function properly. Mr. Attaway also felt that the Committee might be to large, and would like to get a report, within six months, regarding the attendance. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. Motion by Mr. Ventura, seconded by Mr.Blanton. Carried unanimously. COUNTY REFERRALS (02.47) Motion by Mr. Ventura, seconded by Mr. Blanton, that Council approve the recommended action concerning County Referrals: REFERRAL #LOCATION APPLICANT REQUEST RECOMMENDATION Projects Outside the Urban Service Area: NONE Projects Inside Urban Service Area: 5391 25630 Loma Vista Ave.Kent Variance Approval 5403 15950 Stephanie Lane Blue Special Permit Denial Carried unanimously. 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 Commissions was received and filed. PAYROLL/RATIFICATION/AUGUST 21, 1992 (05.V) TC:D4:MM090892 Motion by Mr. Ventura, seconded by Mr. Blanton that Council ratify the accompanying check registers for payroll of August 2, 1992 through August 15, 1992 in the amount of $210,248.64 paid on August 21, 1992. Carried unanimously. . ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1992 (06.V) Motion by Mr. Ventura, seconded by Mr.Blanton that Council ratify accompanying check registers for accounts payable invoices in the amount of $216,856.05 paid on August 13, August 20, August 21 and August 28, 1992 Carried unanimously. . APPLICATION FEE REFUNDS (08.?) Motion by Mr. Ventura, seconded by Mr.Blanton that Council approve the report regarding application fee refunds and consider action at time of comprehensive review of all Town fees. Carried unanimously. . ANNUAL REPORT/FISCAL YEAR 1991-1992 (10.?) Motion by Mr. Ventura, seconded by Mr.Blanton that Council accept the Town Manager's annual report prepared after the close of the fiscal year. Carried unanimously. RESIGNATION/GENERAL PLAN COMMITTEE/STEPHEN M. RICE/COMMENDATION (11.20) Motion by Mr. Ventura, seconded by Mr. Blanton that Council accept the resignation of Stephen M. Rice from the General Plan Committee, adopt Resolution 1992-159 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING STEPHEN M. RICE FOR HIS SERVICE AS A MEMBER OF THE GENERAL PLAN COMMITTEE, and direct the Town Clerk to advertise a vacancy on the General Plan Committee and schedule interviews with the Town Council. Carried unanimously. HISTORIC PRESERVATION/WORKSHOP/CO-SPONSOR/OCTOBER 3, 1992 (12.20) Motion by Mr. Ventura, seconded by Mr.Blanton that Council adopt Resolution 1992-160 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AGREEING TO CO-SPONSOR A CALIFORNIA PRESERVATION FOUNDATION WORKSHOP. Carried unanimously. TRAFFIC ENGINEERING CONSULTANTS/DKS ASSOCIATES/CRANE TRANSPORTATION GROUP/ENVIRONMENTAL SCIENCE ASSOCIATES, INC/ PANG & ASSOCIATES, INC/RGM ASSOCIATES/RKH CIVIL/THE WILSON ENGINEERING CO/DESIGN ENGINEERS GROUP/TJKM TRANSPORTATION CONSULTANTS/AGREEMENTS (14.38) Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-161 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR TRAFFIC STUDIES. Carried unanimously. LOS GATOS BLVD PROJECT/WIDENING/SAMARITAN DRIVE/LARK AVENUE/1993 TC:D4:MM090892 TRANSPORTATION IMPROVEMENT PROGRAM/MATCHING FUNDS (15.38) Motion by MR. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-162 entitled, RESOLUTION OF THE TOWN OF LOS GATOS WITH REGARD TO LOS GATOS FUNDS AND THE SURFACE TRANSPORTATION PROGRAM (STP) CONGESTION MITIGATION FOR THE WIDENING OF LOS GATOS BOULEVARD FROM TWO TO FOUR LANES FROM SAMARITAN DRIVE TO LARK AVENUE. Carried unanimously. HOME RULE/INCREASE/LEAGUE OF CALIFORNIA CITIES (17.17) Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS URGING THE LEAGUE OF CALIFORNIA CITIES TO TAKE ALL STEPS NECESSARY TO INCREASE HOME RULE. Carried unanimously. INACTIVE ASSESSMENT DISTRICT FUNDS/AUTHORIZING CLOSE/JACKSON STREET SEWER/CRESCENT HILLS/PARKING DISTRICT #1/1965 PARK BOND/PARKING DISTRICT #2/PARKING DISTRICT #3/1973-1 CRESCENT HILLS/CENTRAL BUSINESS DISTRICT/LOS GATOS BLVD. (18.41) Motion by Mr. Ventura, seconded by Mr.Blanton that Council adopt Resolution 1992-164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO CLOSE INACTIVE ASSESSMENT DISTRICT FUND. Carried unanimously. TC:D4:MM090892 September 8, 1992 Los Gatos, California STATE MANDATED CLAIMS/1991-92/AGREEMENT/DAVID M. GRIFFITH & ASSOCIATES (19.6) Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO SIGN A CONTRACT WITH DAVID M. GRIFFITH AND ASSOCIATES,K LTD. FOR STATE MANDATED COST CLAIM FILING. Carried unanimously. LOOMIS ARMORED INC/ARMORED CAR DELIVERY SERVICES/AGREEMENT. (20.05) Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO SIGN A CONTRACT WITH LOOMIS ARMORED INC. FOR ARMORED CAR DELIVERY SERVICES FOR THE TOWN OF LOS GATOS. Carried unanimously. COMMUNITY HOSPITAL OF LOS GATOS/WORKERS' COMPENSATION/HOSPITAL SERVICES. (22.10) Item removed from agenda LOS GATOS LODGE/SUBORDINATE TOWN'S INTEREST/INTEREST OF PLAZA BANK (23.05) Item removed from agenda NEIL HAWKINS/15 YEARS SERVICE/POLICE DEPARTMENT (24.43) Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992- 167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING NEIL HAWKINS FOR 15 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried unanimously. ART ROY/30 YEARS SERVICE/POLICE DEPARTMENT (24.43) Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-168 , entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ART ROY FOR 30 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried unanimously. VERBAL COMMUNICATIONS TOWN POLICE SERVICES: Mr. Bill Quigley, 103 Belridge Drive, Los Gatos spoke to the Council regarding the excellent service the Town receives from the Police Department despite the budget constraints. He indicated his concern for the lack of funding available to properly protect the citizens of Los Gatos and suggested that cut backs be made in other departments in order to hire more police officers and add a fourth patrol. TC:D4:MM090892 September 8, 1992 Los Gatos, California HEARINGS TRAFFIC IMPACT MITIGATION FEES/SUPERSEDES RESOLUTION 1990-144/HEARING (cont. from 11/18/91 and 7/20/92) (25.39) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider adoption of resolution revising Town-wide traffic mitigation fees. The following persons from the audience spoke regarding this subject: Mr. Joe Hargett, 95 Church Street, President of the Los Gatos Downtown Association is concerned about how the fees will be used, what they will be applied to once collected, whether they are refundable, and will they be prorated. Mr. Harget questioned how it would apply if he expanded a 1200 foot specialty retail store, given the fees that are in place today, compared to the fees which Council is considering adopting tonight. He calculated that if he where to expand from 1200 sq. feet and change the use from "specialty retail" to 600 feet in a restaurant, the current fee would be $2520.00 after credits. If Council adopts the changes tonight, the fee cost for "specialty retail" would be $11,640.00. If he had a 2000 square foot restaurant, the fee today would be $8400.00. However, under the new fee schedule it would be $26,100.00 which is a 300% increase. He is concerned about the economics of doing business in the Town of Los Gatos and the signal the fees would send to new businesses thinking of locating in Los Gatos. He is also concerned about the impact it would have in the Downtown Association's efforts to promote and develop downtown as a vital retail area. Mr. Ventura indicated that during an informal meeting with staff, a separate category for restaurants was discussed and wondered if it was consistent with the concerns that Mr. Hargett has voiced. Mr. Hargett felt that it would be helpful to break it at a square footage or geographic area. He indicated that it was difficult to explain to any one how the Town was going to mitigate traffic with the fees. He also still questions where is the money going, how is it going to be used. Mr. Attaway questioned staff as to the problems and changing definitions. Mr. Bowman indicated that it was difficult to support any change with the statistics available at this time. No one else wished to speak to this matter at this time. Motion by Mrs. Benjamin, seconded by Mr. Blanton to close the Public Hearing. Carried unanimously. TC:D4:MM090892 September 8, 1992 Los Gatos, California Mr. Ventura proposed that a particular size would get the same characteristics as specialty retail in order to use that element of the table or that Council consider extending the table by adding a new category. TC:D4:MM090892 September 8, 1992 Los Gatos, California Mr. Bowman felt that a new category would not fit State wide traffic generation tables which the Town has elected to use as a cost saving matter. The Town can not add a new category to the table if the State is not counting those numbers. The Town can recognize certain uses as falling into a different category in the table, if it factually falls there. Mayor Carlson indicated that he could not support the proposed changes because he felt that the Town would be raising the fees for small businesses in order to justify the fees for larger businesses. He feels the smaller restaurants will generate revenue for many years, if successful, and the experts have agreed that they are a real economic asset to the Town. Mr. Blanton indicated that he also would have a problem supporting the changes and would like to know what other communities have traffic impact mitigation fees. Mr. Bowman stated that there was no City within the County that has a City wide traffic mitigation fee. However, several Cities have the fees which apply to certain districts within the Cities. Mr. Blanton feels that the traffic mitigation fees would also impact the Redevelopment area and that the Town would be taking a double hit. He feels that the Council must decide the direction they are going and that he is not prepared to support the proposed changes at this time. Mrs. Benjamin is still against the proposed fees. She is interested in the long term revenues and not the short term. She would like to see a plan to get people to park and walk throughout the Town and then there would be no traffic mitigation problems. Mr. Ventura would like clarification that the small restaurants would be excluded from having a general alcohol license and from having live entertainment. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to suspend the traffic wide mitigation fees for the Town except for the problem connected with the "table" for large subdivisions and leave the policy that is in existence now. Motion failed three to two. Mr Ventura, Mr. Attaway and Mayor Carlson voting no. Motion by Mr. Ventura, seconded by Mr. Attaway, to reopen the Public Hearing regarding Traffic Mitigation Fees. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Ventura, to have Staff arrange for a Council study session regarding traffic mitigation fees and to continue this matter to the Council TC:D4:MM090892 September 8, 1992 Los Gatos, California meeting of November 2, 1992 . Carried unanimously. TC:D4:MM090892 September 8, 1992 Los Gatos, California MAIN STREET W 131/RANKIN BUILDING/LE BOULANGER/APPEAL/HEARING (cont. from/15/92 and 7/20/92). (26.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission to approve a request for the operation of a restaurant within the Rankin Block Building in the C-2-LHP Zone; Conditional Use Permit U-92-5; Property located at 131 West Main Street; Property Owner Dave Wilson, et al; Applicant Le Boulanger, Inc; Appellant John Lien. The following person(s) from the audience spoke regarding this subject: John Lein, 196 College Avenue, Los Gatos indicated that the staff proposal was fine with him. However, he has a concern as to whether the frame work, for traffic mitigation fees, will be in place in order for him to occupy the building when he plans. Mayor Carlson indicated that the fee would be the same, calculated under the present traffic mitigation fees and payment would take place at time of occupancy. Mr. Lein indicated that the staff report reflects the potential that the Redevelopment Agency will encourage businesses, with hardships, to open in the Town. He feels that each application will have to be on a case by case basis with every applicant making his case for some assistance from the Agency and demonstrating how the Town would benefit if they received assistance from the Redevelopment Agency. Mr. Attaway feels that the Redevelopment Agency will not want to take on the responsibility for individual restaurants. Mayor Carlson is concerned, due to the number of commercial historic buildings to be restored, that the Redevelopment Agency will have to deny any request from Mr. Lein, or say yes to everybody who falls in the same categories. He is also concerned that redevelopment priorities, regarding traffic impact fees, have not yet been set by the Agency. Mr. Bowman stated that the present traffic mitigation fee schedule does not have any provision for waiving fees and therefore the money needs to be obtained from another source. Mid-Peninsula borrowed the money from the Town for traffic fees and now must repay the loan. Mayor Carlson stated that the current policy would allow the Council to delay the fee until time of occupancy. If the Redevelopment Agency does arrive at some policy which allows people to apply for grants for traffic impact fees, then they and everybody else would be open to apply. However, tonight, with this agenda item, the Council can not make a TC:D4:MM090892 September 8, 1992 Los Gatos, California commitment on behalf of the Redevelopment Agency. It would also be setting precedence, since the traffic impact fee has not been revised to waive any fees. TC:D4:MM090892 September 8, 1992 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Attaway, to find the Planning Commission erred in making its decision because they did not consider that there was an opportunity, under the current traffic mitigation fee, to delay fees until final occupancy and therefore Council will grant the appeal with modifications to condition number six of the application and require the payment of the traffic mitigation fee at the time of final occupancy and refer to the Town Attorney for preparation of the appropriate resolution. Carried unanimously. BUS LAYOVER/MAIN ST./PAGEANT WAY/CIVIC CENTER (07.44.39) Mayor Carlson stated that this was not a public hearing but that he welcomes comments from anyone in the audience who wishes to speak to this matter. Mike Hogan, 55 Church Street, #1307, Los Gatos indicated that the residents of Forbes Mill Condominiums thought the issue of relocating the bus layover had been settled. They are here to night to ask again if the buses can be moved, where they will be moved, and will the Council direct staff to move them without any further study. Mayor Carlson stated that the Council also shares the frustration regarding this matter because the Council has been through several alternatives but without cooperation from the County. He also indicated that there is a prime concern for safety in all alternatives. Every alternative that Staff, Council or individual presents, has someone who thinks it is a bad idea. Dan O'Gorman, 55 Church Street, #1206, Los Gatos stated that he felt there already was a safety problem with the present location of the bus layover. He suggested putting a stop sign to alleviate the problem with people making left-hand turns and right-hand turns. Mrs. Benjamin stated that County Transit will not cooperate with anything the Town recommends and that the County has indicated that they will withdraw service if we do not conform to their schedules and bus routes. Mr. Attaway questioned whether a physical barrier would force the buses to go around it and suggests extending the existing bus zone ten feet, and errecting signs which state "do not idle engines". He feels this would assist in getting the buses out of the crosswalks and alleviate those dangers. Mr. Baker stated that a physical barrier, in proximity of the crosswalk, would cause a pedestrian hazard. Mr. Ventura indicated that he is convinced that the only ultimate solution to the problem is to make the layover at the bus depot on S. Santa Cruz. He suggested accessing the depot by going through the Post Office parking lot. There will be a cost but it is something that can be TC:D4:MM090892 September 8, 1992 Los Gatos, California accomplished. Mayor Carlson asked staff for an estimate regarding Mr. Ventura's suggestion. Mr. Knapp indicated that it could possibly exceed $200,000.00. TC:D4:MM090892 September 8, 1992 Los Gatos, California Motion by Mr. Ventura, seconded by Mr. Blanton to direct Staff to investigate the possibility,the implications, and the costs of relocating the bus layover at the bus depot on South Santa Cruz Avenue. Carried unanimously. Mr. Attaway stated that he reluctantly supported the motion. He does not want to mislead the citizens and he feels that there will be a fiscal breaking point of importance for him. Mr. Ventura feels that this is the best posible solution for the people at Forbes Mill condominiums and for the Town. Mr. Blanton agrees with Mr. Attaway, regarding the fiscal impact, but he wants the hard data for Council to work with. He feels the commitment is there from the Council but that they all have an overall fiscal responsibility. Mr. Baker indicated that Staff would be looking at land acquisitions and/or easements for this project and with other high priorities it would be impossible to start the bus layover project immediately. Motion by Mr. Attaway, seconded by Mr. Blanton that Staff report back to Council with a "date certain" in February when the project could be started and a "date certain" when the report would be available. The report would also include an analysis of cost factors. Carried unanimously. MOBILNET CELLULAR FACILITY/17020 ROBERTS ROAD/FISHER SCHOOL/EIR (16.09) Mayor Carlson indicated that this agenda item was not a public hearing but Council would welcome anyone from the audience who wished to speak to this matter. Mark Portman, 18200 Idlelwild Road, Los Gatos indicated he is opposed to the project that is proposed by GTE and the Planning Commission at Fisher Middle School . He appreciates the action Council has taken by asking for the EIR. However, he is concerned about the contract that has been prepared by the Consultant because it overlooks a basic proponent of the public concern on this issue. His focus of concern is on page 16, last sentence of the second paragraph. He asks Council to expand the requirement of the EIR to cover a more definitive and exhaustive investigation of that area and that there be a review of the non- thermal effects of radiation in this frequency range. He also requests pertinent literature on the subject by an expert in non-ionizing radiation, neuro, electrochemical, cellular biology and physiology. Mr. Bowman indicated that if Council wished to add the wording suggested by Mr. Portman, they would have to go back to the Consultant to see if there would be a change in the EIR. TC:D4:MM090892 September 8, 1992 Los Gatos, California Mr. Portman asked that he have an opportunity to see the revised document before it comes up on the Council agenda again. Carl Cooper, 15288 Via Pinto, Monte Sereno indicated that he had requested his name be on the distribution list for this subject but he did not receive this report. He is requesting a continuance so that he can receive a copy of the report and make the comments he feels necessary. MOBILNET CELLULAR FACILITY/17020 ROBERTS ROAD/FISHER MIDDLE SCHOOL (cont.) Mr. Ventura stated that there is a great level of interest in the community regarding this matter and therefore the Council should receive a thorough analysis of the subject and the hazards being posed, if any, in the EIR. Motion by Mr. Ventura, seconded by Mrs. Benjamin to continue this hearing for two weeks to allow Mr. Portman, Mr. Cooper and Staff to return with additional information regarding Options 1 and 2 or addition options for Councils consideration. Carried Unanimously PREFERENTIAL PARKING/NINO AVENUE (29.42) Mayor Carlson indicated that this item was not a Public Hearing but the Council would like to hear from anyone in the audience who may wish to speak to this matter. Fred Keplinger, 500 Nino Avenue is in favor of permit parking in the area and stated that the area is not impacted by special events only. He also is concerned that any agreement worked out with the Sports Associates would not be a solution to the problem due to the constant turn over of their managers. Mr. Keplinger indicated that he thought it was unfair for the nine households in the area to fund an EIR because the residents have not caused the impact. Charles Stewart, 100 Calfhill Court suggested closing the access gates from Nino into Fisher Middle School grounds. He is also concerned about the opening of the double gates for the commercial trash pick-up. Mayor Carlson indicated that the gates and trash pick-up were the jurisdiction of the School District. Clark Wagner, 100 Albert Court has the same concerns as Mr. Stewart regarding the gates. He also feels that other streets in the area should be included in the Preferential Parking proposal. TC:D4:MM090892 September 8, 1992 Los Gatos, California Charlotte Inman, Villa de Los Gatos Townhouses, representing the Townhouse Association, indicated that she would like to see Villa de Los Gatos included in the parking permit area and some method of directing traffic to the school lots which are not being used for parking. Peter Fournier, 286 Nino Way does not believe his street was included in the survey and indicated that they were impacted by the parking issue. He is also concerned about the safety issue as he feels the road is too narrow for cars to be parked on both sides and turns made in the center of the street. Betsy Warner, 16345 Los Gatos Blvd. Villa de Los Gatos requested, on behalf of the Board of Directors of the Association, that their complex be included in the Preferential Parking District. Motion by Mr. Blanton, seconded by Mr. Attaway to hold a Public Hearing on November 2, 1992 establishing Preferential Parking on Nino and expanding the noticing area to include George, Albert, Fisher, Mitchel, Nino, Nino Way, and Albert Court. Carried Unanimously. DOWNTOWN PARKING PLAN (09.35) Mr. Ventura stated that, in his opinion, half hour parking on the streets and three hour parking in the lots would generate higher turn overs. Staff indicated that it was important to keep the times consistent and that reports had been forwarded to the Los Gatos Chamber of Commerce and the Business Improvement District and that both organizations where in support of the recommendation. Motion by Mrs. Benjamin, seconded by Mr. Attaway that the two hour parking limit zones in the staff report be changed to three hour zones. Carried Unanimously Mr. Ventura indicated that the hour parking limit is too long and that it should be reduced to thirty minutes. Motion by Mr. Attaway, seconded by Mr. Blanton to accept the amended Parking Plan report. Carried four ayes. Mr. Ventura voting No because of the reason stated. CONFLICT OF INTEREST PROVISIONS/TOWN CODE/AMENDMENT (27.18) MarLyn Rasmussen, Senior Deputy Clerk, indicated that the report regarding the Conflict of Interest Code was compiled by Town Clerk, Marian Cosgrove due to information received TC:D4:MM090892 September 8, 1992 Los Gatos, California from the FPPC which requires the Town to have a conflict of interest code. Mrs. Rasmussen indicated that the information in the report was taken from data secured from the cities of San Jose, Santa Clara and Santa Cruz. The designated employee list, in tonight's report, were also taken from information received from the three cities mentioned. Mrs. Rasmussen stated that staff had not had time to review the document presented tonight, and that they had indicated to her their desire to do so. Mrs. Rasmussen also stated that the FPPC has given a deadline for all municipalities to comply, however, it would be possible to pull this item from the agenda for further study and forward a letter to the FPPC indicating that Council was reviewing the Town's Conflict of Interest matter in the time allowed by the FPPC. Mr. Attaway indicated he was concerned about the additional staff time and reports that would occur from this document. Town Attorney, Katherine Anderton stated that the law reads that persons who make substantial recommendations which are, and over an extended period of time, have been regularly approved without significant amendment or modification by another public official or governmental agency, should be designated as among those officials who must make financial disclosures. Mayor Carlson asked if every staff member who wrote reports would be subject to the Conflict of Interest Code. Ms. Anderton indicated that if there was significant intervening substantive review, then the person need not make financial disclosures. This is why she recommended that Department heads might want to review the functions within their own departments and determine, in their own opinion and judgement, which staff members should be included. CONFLICT OF INTEREST CODE (Cont.) Motion by Mrs. Benjamin, seconded by Mr. Attaway that the Town Clerk inform the FPPC that the Town is aware that it is not in compliance at this time but that the Council is studying the issue and has agendized this matter for their meeting of September 21, 1992 after further review and recommendations by staff. Carried unanimously. MINUTES OF AUGUST 17, 1992 (28.V) Motion by Mr. Ventura seconded by Mrs. Benjamin that Council adopt the Minutes of August 17, 1992. Carried 4 ayes. Mr. Attaway abstained. SPECIAL PROMOTIONAL EVENTS/AUTOMOBILE DEALERS/ORDINANCE TC:D4:MM090892 September 8, 1992 Los Gatos, California AMENDMENT(30.46) Motion by Mr. Blanton, seconded by Mr. Ventura to amend Section 29.50.032 of the Town Code to prohibit helium balloons. Carried 3 ayes. Mrs. Benjamin and Mr. Attaway voting No. Mrs. Benjamin and Mr. Attaway do not feel there is any substantial evidence to show an impact on the environment from hellium balloons. Motion by Mayor Carlson, seconded by Mr. Ventura to repeal the sunset clause in Section 29.50.032 of the Town Code. Carried unanimously. TRANSIENT OCCUPANCY TAX ORDINANCE/AMENDMENTS (31.05) Motion by Mr. Ventura seconded by Mrs. Benjamin that Council waive the reading of the Ordinance Amending Article III of Chapter 25 of the Town Code regarding Transient Occupancy Tax. Carried unanimously. The Town Clerk read the title of the Ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway to introduce an ordinance of the Town of Los Gatos amending article III of Chapter 25 of the Town Code regarding Transient Occupancy Tax. Carried unanimously. STRUCTURAL UPGRADE/EXTERIOR RENOVATION/MARIA BERRY FARM/WATER TOWER (32.36) Motion by Mr. Ventura, seconded by Mr. Attaway that Council authorize $31,496 from Account BERRYFARM to BCS Construction as a change order to complete the structural upgrade and exterior renovation of the Maria Berry Farm Water Tower. Carried unanimously. SIGNS/PRIVATE PROPERTY/SPECIAL EVENTS PERMIT (33.46) Motion by Mr. Attaway, seconded by Mrs. Benjamin to amend the Town Ordinance to extend the right to local organizations, as well as out of town organizations, and allow one special event sign on the applicants own site and one special event sign at an other location within Town and that this matter be reviewed in six months. Carried unanimously. SOUTH BAY CABLEVISION/RATE INCREASE (13.24) Motion by Mrs. Benjamin, seconded by Mr. Ventura that the Mayor send a letter indicating that the Town is outraged by the actions of South Bay Cablevision in increasing the rates this year and a total of 35% between 1988 and 1992 despite the fact that they had indicated that any rate increases would only be needed to cover equipment. Carried unanimously. FINANCIAL POLICIES/TRANSFERS BETWEEN PROGRAMS/SAME FUND & TC:D4:MM090892 September 8, 1992 Los Gatos, California CATEGORY(21.06) Mr. Attaway voiced concerns that no transfer amount was indicated in the Resolution and there was also no accumulative amount mentioned. Motion by Mr. Attaway, seconded by Mr. Blanton to adopt Resolution 1992-169 entitled RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING TOWN FINANCIAL POLICES with changes indicating that any single item transfer of ten thousand dollars will require Council approval and cumulative transfers in excess of fifty thousand dollars will require Council to be notified. Carried unanimously. ADJOURNMENT Motion by Mr. Attaway, seconded by Mr. Ventura that Council adjourn this evening's meeting at 11:00 p.m. Carried unanimously ATTEST: MarLyn J. Rasmussen Executive Assistant Senior Deputy Clerk TC:D4:MM090892