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M 01-19-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY January 19, 1993 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 8:10 p.m., Tuesday, January 19, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Joanne Benjamin. Absent:None PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION (00.10) David Knapp, Town Manager, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding Wilfred Carstens v. Town of Los Gatos. Pursuant to Government Code Section 54957 to discuss a Personnel issue. Council considered the selection of a new Town Attorney. PLANNING COMMISSION/COMPOSITION/APPOINTMENTS/ORDINANCE 1928 (24.20) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1928 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 20.20.015 OF THE TOWN CODE SETTING THE COMPOSITION, APPOINTMENT, AND TERMS OF OFFICE FOR MEMBERS OF THE PLANNING COMMISSION, which was introduced at the Town Council meeting of January 4, 1993. Carried by a vote of 4 ayes. Mayor Benjamin voted no for reasons stated in previous record. COMMUNITY SERVICES/APPOINTMENT/JEFFREY JOHNS (00.20) TC:D5:MM011993 Mayor Benjamin announced that two applications had been received for one vacancy on the Community Services Commission from Dresden Erickson and Jeffrey Johns. Voting was held and Mr. Johns was appointed to a term expiring January 1, 1994. GENERAL PLAN COMMITTEE/APPOINTMENT/ERIC CARLSON (00.20) Mayor Benjamin announced that three applications had been received for one vacancy on the General Plan Committee from Eric Carlson, Peter Hertan and Jay Ross. Voting was held and Eric Carlson was appointed to a term expiring August 1, 1995. TC:D5:MM011993 January 19, 1993 Los Gatos, California PLANNING COMMISSION/APPOINTMENT/DIANE ROBERTS (00.20) Mayor Benjamin announced that six applications had been received for one vacancy on the Planning Commission from Kenneth Bort, Patricia Ernstrom, Peter Hertan, Alrie Middlebrook, Diane Roberts and Mimi Whitney-Haft. Voting was held and Diane Roberts was appointed to a term to expire 1/31/97. TRAILS COMMITTEE/APPOINT'S/KENNETH BORT/DAVID MC KAY DALE PHELPS/SHELDON SMITH (00.20) Mayor Benjamin announced that four applications had been received for four vacancies on the Trails Committee from David Mc Kay, Dale Phelps, Sheldon Smith and Kenneth Bort. Voting was held and Mr. Mc Kay, Mr. Phelps, Mr. Smith and Mr. Bort were appointed to terms expiring January 31, 1997. REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT/MIMI WHITNEY-HAFT (00.20) Mayor Benjamin announced that two applications had been received for vacancy on the Redevelopment Advisory Committee from Kenneth Bort and Mimi Whitney-Haft. Ms. Whitney-Haft was appointed to term expiring August 1, 1993. 9319 PROJECT/REFORESTATION/DOWNTOWN PHASE II/RESOLUTION 1993-10 (01.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council award contract to G.I. Hopkins with lowest bid of $17,700. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-10 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH G.I. HOPKINS FOR THE CONSTRUCTION OF PROJECT 9313 DOWNTOWN REFORESTATION PHASE II. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS (02.01) Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/JANUARY 1993 (03.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of December 20 through January 8, 1993 in the amount of $220,480.02 paid on January 8, 1993. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1993 (04.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $431,027.25 paid on December 31, 1992, and January 10, 1993. Carried unanimously. TC:D5:MM011993 January 19, 1993 Los Gatos, California CONGESTION MANAGEMENT AGENCY/CANDIDATE PROJECTS FOR 1994 (06.38) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report updating submittal to County Congestion Management Agency on project nomination for 1995 STP/CMAQ and 1994 RTIP. Carried unanimously. TC:D5:MM011993 January 19, 1993 Los Gatos, California BUDGET/IMPACT ON TOWN/STATE'S 1993-94 BUDGET (07.06) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report on impact of the State's budget on Town's fiscal year 1993-94 budget. Carried unanimously. PLAYGROUND EQUIPMENT/PARK PROJECTS/BUDGET TRANSFER (08.25) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize budget transfers between park projects increasing Live Oak Manor Project (475 PPKLM) from $28,750 to $45,300; reducing Blossom Hill Park Project (475 PPKBH) from $112,700 to $67,989; increasing Bachman Park Project (475 PPKBN) from $32,200 to $60,361; authorize issuance of Purchase Orders in the amount of $9,350 to DM Concrete Construction for play area retaining walls at Bachman Park; and authorize the reduction of Purchase Order 93035 to Ross Recreation Equipment Company from $173,650 to $140,000. Carried unanimously. PARKING CITATIONS/ADMINISTRATIVE SERVICES/REQUEST FOR PROPOSAL (11.38) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize Town Manger to distribute request for proposals (RFP) for parking citation administrative services. Carried unanimously. 8805 PROJECT/PARKING ASSESSMENT DISTRICT/LOT 4/GARAGE/GRAYS LANE 20 COMPLETION NOTICE (12.35) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8805 - Parking Assessment District Lot 4, Garage at 20 Grays Lane. Carried unanimously. TRAILS COMMITTEE/APPOINTMENTS/FROM PLANNING AND PARK COMMISSIONS (13.20) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council affirm Planning and Park Commission appointments of Allen Rudolph and Judith Howell to Trails Committee. Carried unanimously. PARKING COMMISSION/COMMENDATION/BUD CRISTENSEN/RESOLUTION 1993-11 (15.20) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-11 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MR. DEAL "BUD" CHRISTENSEN FOR HIS SERVICES ON THE PARKING COMMISSION. Carried unanimously. POLICE OFFICER'S ASSOC/POA/MEMORANDUM OF UNDERSTANDING/MOU RESOLUTION 1993-12 (17.10) TC:D5:MM011993 January 19, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-12 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF LOS GATOS AND POLICE OFFICERS' ASSOCIATION (POA). Carried unanimously. URBAN SERVICE AREA BOUNDARY/WOOD ROAD ADDITION/RESOLUTION 1993-13 (18.47) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-13 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOMMENDING MODIFICATION OF THE URBAN SERVICE AREA BOUNDARY OF THE TOWN OF LOS GATOS WITHIN THE COUNTY OF SANTA CLARA, which includes a portion of the Wood Road area. Carried unanimously. TC:D5:MM011993 January 19, 1993 Los Gatos, California FEDERAL MANDATES/IMPOSED ON STATE AND LOCAL GOVERNMENT TERMINATION REQUEST/RESOLUTION 1993-14 (19.17) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-14 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING AN END TO UNFUNDED FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENT. Carried unanimously. POLLARD ROAD 815/NATIONAL MEDICAL ENTERPRISES MEDICAL FACILITY CONSTRUCTION/RESOLUTION 1993-15 (20.09) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-15 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR APPROVAL OF PLANS TO CONSTRUCT A 58,515 SQ. FT. MEDICAL OFFICE FACILITY IN THE "O" ZONE, ARCHITECTURE AND SITE APPLICATION S-90-9A AND NEGATIVE DECLARATION ND-90-9, which incorporates the Town Council's findings and decision of its meeting of January 4, 1993. Carried unanimously. LOS GATOS BOULEVARD 15902-16000/HANDICAPPED ACCESS/RESOLUTION 1993-16 (22.09) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-16 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR MODIFICATION TO A CONDITION OF APPROVAL OF THE PREVIOUS APPROVAL GRANTED FOR A SHOPPING CENTER RECONSTRUCTION IN THE C-1 ZONE; THE REQUESTED MODIFICATION IS TO RELOCATE A PEDESTRIAN WALKWAY; ARCHITECTURE AND SITE APPLICATION S-91-68A, which incorporates the Town Council's findings and decision of its meeting of January 4, 1993. Carried unanimously. LOS GATOS BLVD 15367/PLANT NURSERY OPERATION/DUFURS LANDSCAPE RESOLUTION 1993-17 (23.09) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-17 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR PERMISSION TO ESTABLISH A RETAIL PLANT NURSERY ON PROPERTY IN THE CH ZONE, CONDITIONAL USE PERMIT APPLICATION U-81-7B, which incorporates the Town Council's findings and decision of its meeting of January 4, 1993. Carried unanimously. BUSINESS LICENSES/MISCELLANEOUS BUSINESS REGULATIONS/ORDINANCE 1929 (25.05) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1929 TC:D5:MM011993 January 19, 1993 Los Gatos, California entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING BUSINESS LICENSE FEES, which was introduced at the Town Council meeting of January 4, 1993. Carried unanimously. HEARINGS DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/RE-ESTABLISHMENT (26.43) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider re-establishment and amendments to the Downtown Business Improvement District and establishing assessments. TC:D5:MM011993 January 19, 1993 Los Gatos, California HEARINGS CONTINUED BUSINESS IMPROVEMENT DIST. CONT. Staff explained that due to a change in State law which became effective January 1, 1993, requiring a minimum 45 day notification period for any increase in license fees, it was necessary to reschedule the public hearing on this matter to March 1, 1993. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council confirm that a public hearing is set for March 1, 1993. Carried unanimously. UNDERGROUND UTILITY DISTRICT 9301/MAIN TO ELM/CALLE DE LOS GATOS (27.24) RESOLUTION 1993-18 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider establishing an Underground Utility District 9301 using Utility Underground funds or California Public Utilities Commission Rule 20A monies. There was no one from the audience to address Council on this subject. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close this public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-18 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT 9301. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the policy which allows undergrounding of service laterals using Utility Underground funds or California Public Utilities Commission (CPUC) Rule 20A monies as appropriate. Carried unanimously. CODE COMPLIANCE/QUARTERLY REPORT (05.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to send a commendation from Council to the Code Compliance Officer, Christine Arruiza, on an excellent job of code compliance enforcement alleviating need for legal recourse. Carried unanimously. MAINTENANCE/TOWN PROPERTY/CAPITAL IMPROVEMENT FUND (09.06) TC:D5:MM011993 January 19, 1993 Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize a $15,000 budget in the Construction Tax - Capital Improvement Fund (4473-35060) for maintenance of all Town owned property, and staff to return to Council with report regarding reassessment of the Relocation Plan. Carried unanimously. TC:D5:MM011993 January 19, 1993 Los Gatos, California BUSINESS IMPROVEMENT DISTRICT/CHECK DISBURSEMENT (10.43) Informational report on the handling of Downtown Los Gatos Business Improvement District (BID) funds was received and filed. Joe Hargett, President of the Downtown Business Improvement District, assured Council that the BID would bring the monthly check disbursements forward to Council for ratification at the time of their monthly report. DESIGN AUTHORITY/DIRECTOR OF BUILDING & ENGINEERING SERVICES RESOLUTION 1993-19 (14.10) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-19 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFERRING AUTHORITY ON THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES PURSUANT TO GOVERNMENT CODE SECTION 830.6 TO APPROVE THE PLAN OR DESIGN OF THE CONSTRUCTION OF, OR IMPROVEMENT TO PUBLIC PROPERTY, of the Town of Los Gatos which cost less than $4,000 (amendment). Carried unanimously. BUS TERMINAL/TOWN PROPERTY/SANTA CRUZ AVE S 145/LEASE AGREEMENT RESOLUTION 1993-20 (16.38) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE AGREEMENT WITH RONALD L. SCHIVO TO OPERATE A BUS TERMINAL ON TOWN PROPERTY AT 145 SOUTH SANTA CRUZ AVENUE, with the amendment that the words "without the prior consent of Lessor to a commissioned agent" under Section 9 of the Lease Agreement be deleted. Carried unanimously. POLLARD ROAD 815/NATIONAL MEDICAL ENTERPRISES/MEDICAL FACILITY RESOLUTION 1993-21 (21.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR APPROVAL OF A MASTER SITE PLAN FOR THE COMMUNITY HOSPITAL AND REHABILITATION CENTER ON PROPERTY IN THE "O" ZONE, CONDITIONAL USE PERMIT APPLICATION U-74-18E AND NEGATIVE DECLARATION ND-92-1, which incorporates the Town Council's findings and decision of its meeting of January 4, 1993 and includes the following amendments: on page 2, under Resolved, Section A (1), the word "that" be removed on the first line and on the third line the last word "and" be removed. Carried unanimously. MINUTES OF JANUARY 4, 1993 (28.V) Mayor Benjamin requested clarification of verbal comments on page 6, under Community Hospital. Corrections to read as follows: Joseph James Enfantino, is concerned about his TC:D5:MM011993 January 19, 1993 Los Gatos, California property and wishes to be assured that the underlying zone on his property is not affected by Master Site Plan of the Hospital and requested assurances that the Master Plan confirm the current zoning on his property until such time as the hospital purchases that property; Coros Tavari, does not want Dardenelli Lane to become a cul-de-sac at any time. There was also a spelling correction of Mike Silva's name on page 10. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to approve the Minutes of January 4, 1993 as amended. Carried unanimously. TC:D5:MM011993 January 19, 1993 Los Gatos, California TREASURER'S REPORT/NOVEMBER 1993 (29.V) Informational report submitted by the Treasurer to the Council for the month of November 1993, received and filed. SANTA CRUZ AVE N/BETWEEN BLOSSOM HILL AND ANDREWS/NONCONFORMING USES ZONE CHANGE/COMMERCIAL-INDUSTRIAL TO NEIGHBORHOOD COMMERCIAL (30.46) Motion by Mayor Benjamin, seconded by Mrs. Lubeck, that Council find that the Zoning Ordinance Amendment is consistent with the General Plan and Downtown Specific Plan. Carried by a vote of 4 ayes. Mr. Blanton voted no in the interest of clarity within zoned districts. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS TO ALLOW EXISTING USES TO REMAIN CONFORMING THAT WOULD OTHERWISE BE NONCONFORMING DUE TO A CHANGE IN ZONING FROM LM (COMMERCIAL-INDUSTRIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL). Carried by a vote of 4 ayes. Mr. Blanton voted no for reason stated previously. ROOF INSTALLATION/HAZARDOUS FIRE AREA/SAFETY ISSUES/TOWN CODE (31.13) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE PROVISION REGULATING THE PRACTICE OF ROOFING. Carried unanimously. DEVELOPMENT PROCESS STREAMLINING COMMITTEE (32.20) Informational report to Council addressing issues to improve the Development Review and permit issuance process. Mrs. Lubeck applauded the staff's work on this issue. The report was received and filed. TC:D5:MM011993 January 19, 1993 Los Gatos, California COMMENDATIONS/PROCLAMATIONS/COUNCIL POLICY (33.43) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the Council Policy statement concerning issuance of commendations and proclamations. Carried unanimously. Mrs. Lubeck requested clarification of policy regarding written presentations to newspapers from individual Councilmembers which do not necessarily reflect the consensus or action of Council. Committee and staff will bring back a report to Council addressing the various opinions on this subject. TC:D5:MM011993 January 19, 1993 Los Gatos, California COUNCIL SCHEDULE/WORKSHOP MEETING/COUNCIL GOALS 1993-94 (34.10) Consensus motion that Council schedule a Council Workshop to discuss goals and objectives which will be held at the Berry Farm building on Miles Ave, February 20, 1993. The meeting will be published, posted and noticed for the public and Mayor Benjamin directed Council to bring forward any issues they wish to discuss. ADJOURNMENT Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this evening's meeting at 8:55 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM011993