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M 04-18-94TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 18, 1994 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 7:33 p.m., Monday, April 18, 1994, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Attaway. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Larry Anderson, Town Attorney, stated that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a), to discuss Pending Litigation regarding Rouse v. Town of Los Gatos, Santa Clara County Superior Court Case No. 718904. This is a trip and fall accident occurring in Town which the Council gave instructions pertaining to the Attorney's settlement authority. Final settlement, if any, will be made public. Pursuant to Government Code Section 54957.6, to Conference with Labor Negotiator regarding the Town Employees' Association. Instructions were given to negotiator concerning those negotiations. HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/GREG SEIDENBERG (00.20) Mayor Attaway announced that one application had been received for one vacancy on the Historic Preservation Committee from Greg Seidenberg. Voting was held and Mr. Seidenberg was appointed to term expiring August 1, 1996. TREE CITY U.S.A./CALIFORNIA DEPT OF FORESTRY/PRESENTATION (000.43) Mayor Attaway introduced Doug Manella of the California Department of Forestry representing the National Arbor Day Foundation, who presented the Town with the Tree City U.S.A. award. COUNCIL COMMITTEE REPORT/MAYOR ATTAWAY/WORLD CUP/BRAZILIAN TEAM Mayor Attaway spoke of the warm welcome by the Mayor of Rio de Janeiro and of his pleasant reception as the Mayor of Los Gatos whose Town was hosting the World Cup Brazilian Team. He was presented with a World Cup Sculpture from Rio de Janeiro, by Caesar Maia, to the Town of Los Gatos, and he made that presentation to Council. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D6:MM041894 April 18, 1994 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT (02.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL RATIFICATION/MARCH 1994 (03.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for the payroll of March 13 through March 26, 1994 paid on April 1, 1994 in the amount of $209,401.55. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1994 (04.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for accounts payable invoices paid on April 1 and April 8, 1994 in the amount of $274,736.55. Carried unanimously. MINUTES OF APRIL 4, 1994 (05.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of April 4, 1994 as submitted. Carried unanimously. VEHICLE REPLACEMENT POLICY/AMENDED (06.28) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept and file report on amended vehicle replacement policy. Carried unanimously. HOUSING REPORT/IMPLEMENTATION/HOUSING ELEMENT (07.46) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept and file annual housing report on the progress in implementing the Housing Element. Carried unanimously. CLAIM REJECTION/RUTH BRISTOL (08.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of Ruth Bristol filed April 4, 1994 with the Town Clerk. Carried unanimously. CLAIM ACCEPTANCE FOR FILING/KIM THOMPSON (09.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize Town Attorney to accept late claim of Kim Thompson for personal injuries occurring on August 26, 1993 for filling. Carried unanimously. AMICUS/SCS TRANSPORTATION AUTHORITY/GUARDINO (10.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Santa Clara County Local Transportation Authority vs. Guardino pending before the California Supreme Court, at no cost to the Town. Carried unanimously. STORM DRAIN/BLOSSOM HILL/9323 PROJECT/BUDGET INCREASE (11.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the following budget increases: Increase P.O. #94160 by $5,805 ($109,700 to $115,505) from Storm Basin #1 fund balance account; and Increase P.O. #94160CNT to $26,495 ($0 to $26,945) from Storm Basin #1 fund balance account. Carried unanimously. TC:D6:MM041894 April 18, 1994 Los Gatos, California FIRE HAZARD/WATER SUPPLY/HILLSIDES (12.37) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept and file report regarding fire hazard concerns and water supply to the hillside communities. Carried unanimously. MOBILE COMMAND POST/REFURBISHING/POLICE DEPARTMENT (13.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Manager to increase the capital purchase budget in the equipment replacement fund by $4,200.00 in 2201-77000; transfer $500.00 from 100-26510 to the Equipment Replacement Fund; and authorize expenditure of revenue from 201-36101 for the refurbishing of a mobile command post by the Department of Corrections. Carried unanimously. LOS GATOS BOULEVARD WIDENING/9307 PROJECT/RESOLUTION 1994-59 (14.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9307 - LOS GATOS BOULEVARD WIDENING. Carried unanimously. PERMIT PARKING/SOUTHERN PACIFIC RIGHT-OF-WAY/ORDINANCE 1974 (16.42) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1974 entitled, ORDINANCE OF THE TOWN OF LOS GATOS PROVIDING THAT THE REPEAL OF SECTION 15.40.155 OF THE CODE OF ORDINANCES, TOWN OF LOS GATOS AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT, which was introduced at the Town Council meeting of April 4, 1994. Carried unanimously. VERBAL COMMUNICATIONS: Public Safety: Joe Pozinski, 350 Los Gatos Blvd., representing the Los Gatos Disaster Response Team, a group of sixty volunteers whose purpose is to assist the Town in emergency situations, requested that Council consider public safety as a number one priority during budget considerations. HEARINGS SIGNS/SPECIAL EVENTS/REGULATIONS/ORDINANCE INTRODUCTION/HEARING (17.46) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider introducing an ordinance amending the Town Code to modify regulations for display of temporary signs in conjunction with events and special events; zoning ordinance amendment A-92-5A. This matter will not have a significant impact on the environment, and is therefore exempt from the requirements of the California Environmental Quality Act. Applicant, Town of Los Gatos. The following person from the audience spoke to this issue: Susan Rayfield, 16500 Cypress Way, representing the Chamber of Commerce, approved the Draft Ordinance and its attempt to address what the committee was trying to accomplish in placing the banners at various locations. No one else from the audience addressed this issue. TC:D6:MM041894 April 18, 1994 Los Gatos, California HEARINGS CONTINUED SIGNS/SPECIAL EVENTS CONT. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to May 2, 1994 for staff to reassess the following issues: The use of three signs to be placed, 1) at the site of the event, 2) in the downtown area, 3) in another geographical location in Town, and none to be within 500 ft. of the same intersection; any legal obstacles which may not permit Council's goals; clarification of Council's previous motion. Carried unanimously. ALCOHOLIC BEVERAGE POLICY/RETROACTIVE/ORDINANCE INTRO/HEARING (18.43) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider introducing an ordinance amending the Town Code establishing an administrative procedure authorizing the Town Manager to take enforcement action against establishments in violation of the alcoholic beverage policy and making provisions of serving alcoholic beverages: Zoning Ordinance Amendment A-92-2. This matter will not have a significant impact on the environment, and is categorically exempt from the requirements of the California Environmental Quality Act. Applicant, Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. The Town Clerk read the title to the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE SECTIONS 29.10.225 AND 29.20.310 AND ADDING SECTION 29.20.318 TO PROVIDE A PROCEDURE SERVING ALCOHOLIC BEVERAGES IN CASES WHERE USE PERMIT CONDITION OR ALCOHOLIC BEVERAGE POLICY IS VIOLATED, directing the Town Clerk to publish a summary of the Ordinance. Carried unanimously. PARKING FACILITIES/DOWNTOWN AREA/HEARING/RESOLUTION 1994-60 (19.42) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting resolution amending the Downtown Specific Plan to establish a priority for construction of future public parking facilities in the Downtown Area. Downtown specific Plan amendment DSP-93- 1. No significant environmental impacts have been identified as a result of this project. A Negative Declaration is recommended and an Environmental Impact Report will not be required. Applicant, Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. TC:D6:MM041894 April 18, 1994 Los Gatos, California HEARINGS CONTINUED PARKING FACILITIES CONT. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council make the Negative Declaration and find that the proposed amendment in the order of Parking Lots 2, 1, 13, 8, 11 & 12 is internally consistent with the Downtown Specific Plan, General Plan and Downtown Redevelopment Plan and that Council adopt Resolution 1994-60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN TO ESTABLISH A PRIORITY FOR CONSTRUCTION OF FUTURE PARKING FACILITIES IN THE DOWNTOWN AREA, with the following priority for construction: Lots 2, 1, 13, 8, 11/12. Carried unanimously. HILLBROOK BENEFIT ZONE/LANDSCAPE & LIGHTING DISTRICT #1/HEARING (20.04) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider creation and annexation of Hillbrook Benefit Zone to Landscape & Lighting District #1. The following people from the audience spoke to this issue: Everett Eiselen, 112 Hillbrook Drive, spoke in favor of the organization as proposed. Charles Steele, 141 Fairmead Lane, spoke regarding the liability issue asking that homeowners liability be limited to the maintenance of the park and he felt that this was an unfair assessment. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing and announce the second public hearing on creation and annexation of Hillbrook Benefit Zone to Landscaping & Lighting District #1 will be held on May 2, 1994, and that the ordinance to be adopted at that time reflect the appropriate language addressing the homeowners' liability. Carried unanimously. ACCESSIBILITY STANDARDS/CONFORM TO STATE HOUSING/RESOLUTION 1994-61 (21.19) Jim Lewis, 156 Vista Del Monte, addressed several issues in the report that had been agreed upon in committee and asked that the changes not be made tonight until there is an opportunity for further input from the disabled community. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-61 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CURRENT RESIDENTIAL ACCESSIBILITY STANDARDS TO MORE CLOSELY CONFORM TO STATE HOUSING AND COMMUNITY DEVELOPMENT STANDARDS, with the following change: Item 3; Exhibit A; Accessibility Standards; to read, "Primary entrance shall have a 36-inch wide door including a 5-foot by 5-foot level landing no more than 1" out of plane with the immediate interior floor level, 18-inch clearance at interior strike edge. Carried unanimously. NONPOINT SOURCE/STORM WATER MANAGEMENT/ASSESSMENTS (22.37) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the proposed 1994-95 Storm Water Management Program (Nonpoint Source) proposed budget and assessment fee increase. TC:D6:MM041894 April 18, 1994 Los Gatos, California Carried unanimously. TC:D6:MM041894 April 18, 1994 Los Gatos, California RESIDENTIAL DENSITY/POLLARD RD/ROUTE 85/GENERAL PLAN AMENDMENT (23.46) Eileen Goodwin, representing SCC Traffic Authority, thanked Town for its cooperation and requested a General Plan Amendment for property located on Pollard Road adjacent to Route 85 to be zoned high density from single family since it is bordered by other multi-family developments. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council direct the Planning Department to initiate a General Plan amendment from Low Density Residential to Medium Density Residential for the Traffic Authority property located on Pollard Road adjacent to Route 85. No work shall begin until the Traffic Authority pays the fees required for preparing the environmental assessment. Carried unanimously. MASSAGE STUDIOS/LICENSED MEDICAL PRACTITIONERS/ORDINANCE INTRO (25.05) The Town Clerk read the title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE DEFINITION OF SEX STUDIO CONTAINED IN TOWN CODE SECTION 29.10.020 TO CLARIFY EXCEPTION FOR MASSAGE PRACTICE LICENSED MEDICAL PRACTITIONERS AND ATHLETIC TRAINERS. Carried unanimously. DOWNTOWN RESTAURANTS/TOWN POLICY (25.47) Council consensus that Council direct staff to consider the following issues raised and discussed: That staff make a strong recommendation to all restaurant applicants of 25 seats or more to go before the Conceptual Development Advisory Committee; The projects contribute to the overall benefit of the community; That projects make a significant contribution to the area; That projects contribute to the pedestrian orientated downtown; That proliferation of nail boutiques and fast food take out should be reviewed and controlled; That mixed retail should be encouraged. Carried unanimously. VOLUNTEERS/WORKERS' COMPENSATION COVERAGE/RESOLUTION 1994-62 (15.10) Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council adopt Resolution 1994-62 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING THAT PERSONS WHO PERFORM VOLUNTARY SERVICE WITHOUT PAY FOR THE TOWN OF LOS GATOS SHALL BE DEEMED AN EMPLOYEE OF THE TOWN FOR PURPOSES OF THE STATE WORKERS' COMPENSATION LAWS. Carried unanimously. TC:D6:MM041894 April 18, 1994 Los Gatos, California COUNCIL COMMITTEE REPORTS (26.10) Mrs. Lubeck noted report from ABAG concerning the Proposed Platform on Restructuring Government and requested that Council give her any concerns or suggestions they may have so she can take them to the next meeting. Mrs. Benjamin reported on the activities of the Santa Clara Cities Association and asked for Council's suggestions on topics for workshops to be sponsored by the association in the future. She also reported on County's plans to form a Library Assessment District with a $33 parcel fee. Mayor Attaway reported further on the trip to Rio de Janeiro in preparation of the Brazilian team being in Los Gatos during their World Cup tour of the United States. He talked of the hospitality and warm welcome he received. The World Cup event has agreed to having a kids event at the Santa Clara Stadium after practice and recognize forty children at a time to meet the team members at which time the children will receive certificates, gift packets, autographs and a photo session with the team. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this evening's meeting be adjourned at 9:50 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D6:MM041894