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M 10-21-85TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 21, 1985 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. YOUTH ADVISORY COMMISSION INTERVIEWS Interviews were held on applicants for the Youth Advisory Commission. ROLL CALL PRESENT:Eric D. Carlson, Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:None. PLEDGE OF ALLEGIANCE Cub Scout troop #505 led Council and the audience in the pledge of allegiance. EXECUTIVE SESSION REPORT Town Attorney reported that Council had met in executive session on October 12, October 13 and October 14, 1985 and discussed personnel matters and no action was taken. Council also met in executive session,prior to tonights Council meeting and discussed pending litigation under GC Sec. 54956.9 (a) Town Vs Scott and Council took no action; discussion was held on NCS vs Town and Council voted to file an appeal on that matter; discussion was held on GTE vs Town/GTE PUC Application and there is nothing to report. Discussion was held re Crafford vs Town and Council voted to file a notice of appeal. Under GC Sec. 54956.9 (b) discussion was held re Claim of Townsend, and Council felt there was significant exposure to litigation and voted to pay the claim in the amount of $244.00. Under GC Sec. 54956.9(c) Council discussed the initiation of Zoning violation and no action was taken. Council also discussed personnel matters and no action was taken. EX-AGENDA ITEMS Town Manager stated the following items should be added to the agenda: 24 A. Supplemental appropriation from Equipment Replacement Fund. 41 A. Request for Amicus Curiae Support in Contra Costa Theatre's Inc. vs City of Concord. It was also noted that item 46 - Forbes Mill Museum joint operation will be pulled from tonight's agenda and be reagendized for the November 4, 1985 meeting. APPOINTMENTS YOUTH ADVISORY COMMISSION Applicants for the Youth Advisory Commission were as follows: Hahna Kang; Rebecca Rugg and Jane Halverson from Fisher Junior High and Denise Wanless; Indra Chatterjee; Stefani Schmitt; Kathleen Howington; Kari Compton and Jill Halverson from High School; and Jennifer Allansmith and Thomas J. Ahearn - adult applicants. Mayor Benjamin stated there are ten vacancies on said Youth Commission. There are 2 vacancies at Jr. High School level; 5 vacancies at High School level and 3 adults. Voting was held and the following appointments were made. Jr. High members appointed were Rebecca Rugg and Jan Halverson with Hahna Kang as an alternate; High School appointees were Indra Chatterjee; Stefani Schmitt; Kathleen Howington; Kari Compton and Jill Halverson with Denise Wanless as an alternate. Adult members appointed were Jennifer Allansmith and Thomas J. Ahearn. It was noted there is still one vacancy for an adult member of the Commission and Council directed Town Clerk to readvertise for the vacancy. BID AWARD COMMUNICATIONS LOGGING TAPE It as noted four bids were received ranging from low bid of $4,666.81 to high bid of $5,414.20. After general discussion Mr. Ventura moved to accept staff recommendation and award the bid for purchase of 110 Communications Logging Tape reels to Dictaphone Corporation based on their low bid of $4,666.81 and approve a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $4,666.81. Mr. Daily seconded. Carried unanimously. BID AWARD PARATRANSIT VAN It was noted that two bids had been received in the amounts of $28,341.30 and $31,209.40. After general discussion Mr. Carlson moved to accept staff recommendation and award the bid for the purchase of one 1986 model Paratransit Van in the amount of $28,341.30 to low bidder Specialty Vehicle Manufacturing Corporation. It was noted the purchase of the paratransit van is with MTC/Transit Development administration funds provided to the Joint Powers Authority. The JPA has indicted to the town that they are in receipt of MTC approval to purchase the van. However, the lowest bid exceeds the approved amount by $1,500. MTC has given confirmation of additional funding. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS a.Letter from Morma D. Millet regarding paycheck. It was consensus of Council to refer this to Town Manager for response. b.Letter from Larry Arzie regarding the downtown sidewalk replacement. Mr. Daily moved to refer this to Town Engineer for reply. Mr. Ventura seconded. Carried unanimously. c.Assembly Joint resolution No. 52 on Nuclear Crisis Control Centers. Note and file. d.Letter from Eileen P. Niessen regarding parking and holding more than one organizational Town event on a specific weekend. Mr. Daily moved to refer this to the Town Manager for response. Mr. Ventura seconded. Carried unanimously. e.Notice from PG&E regarding application to the PUC for a decrease in gas rates. Note and file. f.Letter from Mallorie Burak regarding installing a mirror on the corner of Loma Alta Avenue and Los Gatos Boulevard as a safety measure. Mr. Daily moved to refer this to the Town Engineer for response. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito requested copy of this response be given to Council. g.Letter from 7-11 Food Stores regarding "Coming of Age" educational program. Note and file. h.Letter from the Crippled Children's Society requesting the use of Town property at the corner of Lark Avenue and Winchester Boulevard for Christmas Tree sales. Mr. Daily moved to refer to Planning Department and Director of Parks, Forestry and Maintenance for a report at the November 4, 1985 meeting. Mr. Ventura seconded. Carried unanimously. i.Letter rom Larry Airs and David Stonesifer regarding the parking survey for the downtown area. Mr. Daily moved to refer to the Town Manager for reply. Mr. Ventura seconded. Carried unanimously. j.Letter from A. Radman regarding his concerns on the proposed Route 85. Mr. Daily moved to refer to the Town Manager for reply. Mr. Ventura seconded. Carried unanimously. k.Letter from Dick Klemann regarding the Lexington Master Plan. Mr. Daily moved to refer to the Planning Director for report at the November 4, 1985 meeting. Mr. Ventura seconded. Carried unanimously. 1.Letter from B.O.A.T. (Ban Over and Above Ten) on the Lexington Committee regarding the Lexington Reservoir Master Plan. Mr. Daily moved to refer to the Planning Director for a report at the November 4, 1985. Mr. Ventura seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report. BECTON-DICKINSON TOXIC CLEAN-UP REPORT Council informational status report. POSITION CLASSIFICATION PLAN AMENDMENT Mr. Daily moved for adoption of resolution No. 1985-148 entitled, A RESOLUTION OF THE TOWN COUNCIL AMENDING THE TOWN'S POSITION CLASSIFICATION PLAN. Mr. Ventura seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Council informational report. NOTICE OF COMPLETIONS Mr. Daily moved to authorize the Mayor to execute and the Town Clerk to record the Notice of Completion and Certificate of acceptance on the following: Tract 7476 - Anciano Village Tract 7627 - Milbrae Lane Mr. Ventura seconded. Carried unanimously. Mr. Daily moved to accept Notice of Completion and Certificate of Acceptance on Project 310 (Harwood Road); authorize a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $3,360.80; Authorize Mayor to execute and the Town Clerk to record said Notice of Completion. Mr. Ventura seconded. Carried unanimously. ENGLEWOOD AVE. ROAD BUMPS Mr. Daily moved to retain the Englewood Avenue road bumps in their present configuration. Mr. Ventura seconded. Carried unanimously. WESTCHESTER DR. & BLOSSOM VALLEY DR. STOP SIGNS Mr. Daily moved to deny the request to remove the stop signs from the Westchester Drive approaches to Blossom Valley Drive. Mr. Ventura seconded. Carried unanimously. PROHIBITION OF PARKING - EAST SIDE OF OKA RD. Mr. Daily moved for adoption of resolution No. 1985-149 entitled, PARKING PROHIBITION - OKA ROAD (this prohibits parking along the east side of Oka Road just South of Mozart Avenue) and direct staff to install the necessary "No Parking" signs and to complete the striping of the Oka Road center line from Fremont Court to Mozart Avenue. Mr. Ventura seconded. Carried unanimously. ANNEXATION OF NOVITIATE LANDS FOR MID-PENNINSULA OPEN SPACE Mr. Daily moved to authorize the Town Engineer to commence preliminary proceedings and investigate the possibility of annexation of subject lands to the Town of Los Gatos; and authorize a supplemental appropriation in the amount of $8,000 from GFAR for costs attendant to the project. Mr. Ventura seconded. Carried unanimously. LARK AVENUE AND OKA ROAD TRAFFIC SIGNAL Mr. Daily moved for adoption of Resolution No. 1985-150 entitled, RESOLUTION AUTHORIZING AGREEMENT FOR PARTICIPATION IN THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF LARK AVENUE AND OKA ROAD. Mayor is authorized to execute the Agreement for Participation in the installation of a traffic signal at the intersection of Lark avenue and Oka Road on behalf of the Town. Mr. Ventura seconded. Carried unanimously. GREAT AMERICAN SMOKEOUT DAY Mr. Daily moved for adoption of Resolution No. 1985-151 entitled, A RESOLUTION DECLARING NOVEMBER 12, 1985, AS THE "GREAT AMERICAN SMOKEOUT DAY" Mr. Ventura seconded. Carried unanimously. COUNTY REFERRALS Mr. Daily moved to accept staff recommendation s follows: 2505-34-50-85DR-85V-85 SP Carbone Deer Park Road Special Permit & Variance Application discontinued. Mr. Ventura seconded. Carried unanimously. CODE ENFORCEMENT OFFICER'S REPORT Council informational report. Note and file. PLANNINGS MONTHLY REPORT Council informational report. SECONDARY DWELLING UNIT PERMIT REPORT Council requested this be agendized for the November 4, 1985 meeting and requested a print out list showing secondary dwelling units by street addresses. SUPPLEMENTAL APPROPRIATION LOADER REPAIR Mr. daily moved to approve a supplemental appropriation in the amount of $11,000 from the General Fund Appropriation Reserve for rebuilding of engine on equipment #43246 (front loader). Mr. Ventura seconded. Carried unanimously. RENT MEDIATION PROGRAM REPORT Council information report. TOP OF THE HILL ROAD #4 ANNEXATION Mr. Daily moved for adoption of resolution No. 1985-152 entitled, A RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERATIN UNINHABITED TERRITORY DESIGNATED AS TOP OF THE HILL ROAD NO. 4 TO THE TOWN OF LOS GATOS; set the public hearing for December 2, 1985 and direct mailing and publishing of notices of hearing. Mr. Ventura seconded. Carried unanimously. POLLUTION ON SAN FRANCISCO BAY Mr. Daily moved for adoption of Resolution No. 1985-153 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS (this supports Federal funding as part of the Clean Water act reauthorization of research on the effect of pollutants on San Francisco Bay). Mr. Ventura seconded. Carried unanimously. POLICE DEPT. 1st QUARTER REPORT Council informational report. EIR REPORT FOR WESTERN CALIF. UNIVERSITY (GUADALUPE COLLEGE) Mr. Daily moved for adoption of Resolution No. 1985-154 entitled, RESOLUTION MODIFYING AN AGREEMENT PREVIOUSLY APPROVED TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT. Mr. Ventura seconded. Carried unanimously. SUPPLEMENTAL APPROPRIATION EQUIP. REPLACEMENT Mr. Daily moved Council approve a supplemental appropriation in the amount of $124,140.00 from Equipment Replacement fund to purchase a Sewer & Catch Basin Cleaner. Mr. Ventura seconded. Carried unanimously. MINUTES SEPTEMBER 16, 1985 Mr. Ferrito asked that minutes be amended on page 4, Subject Appeal - 407 Alberto Way. Explain Mr. Hamilton's concerns. Mr. Carlson asked that minutes be amended on the same issue, to add under Mr. Ferrito's motion to uphold the decision of the Planning that he also sited "that the current Ordinance only allocates trips to undeveloped parcels and none of the developed parcels are allocated any trips in the present situation". Also add that Mr. Carlson seconded, stating this was consistent with our previous decision for parcels in which we do not allocate trips. Mr. Carlson moved minutes of September 16, 1985 be approved as corrected. Mr. Ferrito seconded. Carried by 4 ayes. Mr. Daily abstained due to his being absent at said meeting. MINUTES OCTOBER 12, 1985 Mr. Daily asked that minutes be amended as follows: Subject OLD TOWN EIR - Motion to read "Mr. Carlson moved to approve in concept that Kreines & Kreines be accepted as ...". Mr. Carlson moved minutes of October 12, 1985 be approved as corrected. Mr. Daily seconded. Carried unanimously. COMMUNICATIONS (FOR ACTION) a.Letter from the Chamber of Commerce requesting Town to furnish them with a list of businesses in Town. Teri Hope, representing the Chamber, spoke on this issue. It was explained that there is no printouts available to provide this data to the Chamber, as the data filed includes confidential information which by the Town Ordinance can not be given out. After much discussion on this issue and possibility of compiling such information, Mr. Daily stated, if Chamber of Commerce is willing to pay $100.00 for such a list, he would move to authorize staff to compile data as requested, indicating businesses and addresses, deleting any confidential information and any cost associated with this process be paid for by the Chamber. Cost was established to be $100.00. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Ferrito voted no, based on the fact that staff has indicated this is not a high priority item and he feels there are other ways for the Chamber to get this information. Mr. Carlson also voted no, as he feels the information is available and Chamber should come in an look for it. b.Letter from Nicholas Talesfore requesting his application for a secondary dwelling unit permit be accepted, after the deadline, for his property at 52 Hernandez. Mr. talesfore, from the audience spoke on this issue stating he had been awaiting some notification from the Town as other property owners had been notified. He also wanted to correct the Town Records stating Town was using 52 1/2 and the address for his property is 52 Hernandez. Due to this confusion and the lack of notification he stated they missed the deadline by one day and is requesting that he be allowed to submit their application for their secondary dwelling unit permit. After further discussion on this request, Mr. Ferrito moved to accept staff recommendation and deny Mr. Talesfore's request. Mr. Daily seconded. Carried by vote of three ayes. Mr. Carlson voted no as he feels there was some confusion re the address and notification of property owners. Mrs. Benjamin also voted no for those same reasons. c Request from Pamela Evarkiou of the Los Gatos Youth Park to close New York Avenue behind the tennis courts between 8:00 a.m. and 1:00 p.m. on October 26, 1985 for their Annual Youth Park Day. Mr. Ventura moved to approve the closure of New York Avenue on Saturday, October 26th, between 8:00 a.m. and 1:00 p.m., for Annual Youth Park Day. Mr. Daily seconded. Carried unanimously. d.Letter from the Los Gatos-Saratoga Department of Community Education and Recreation for funding of $7,000.00 for the FY 1985-86. Discussion was held and it was consensus of Council there needed to be further exploration on this request. Mr. Ferrito moved this be continued to November 4, 1985. Mr. Carlson seconded. Carried unanimously. e.Request from Willie Harmartz for approval to hold their 6th Annual Summit Marathon, November 10, 1985 commencing at 7:00 a.m.. Mr. Daily moved to approve the Summit Marathon request. Mr. Carlson seconded. Carried unanimously. APPEAL-30 BROADWAY Mayor Benjamin stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of request to convert an existing single family residence at 30 Broadway into an office use in the "O" (Office) Zone. Property is owned by Joseph and Dena White. Planning Director Lee Bowman spoke on the denial by the Planning Commission and the various concerns they had with said project. Speaking in favor of the conversion of said property to office use were Attorney Fred Caploe representing the White's; Ray Cobb, Architect for the project; Paul Miller former owner of the property, stating the property is zoned for office use but has been used for a rental for 20 years. Mr. Berryman, resident at 89 Broadway, spoke in favor of the office use for 30 Broadway. Speaking in opposition of 30 Broadway being used for office use were: Mr. Pyzer, John Barnes; Gail Randolph; Keith Duffy; Dawn Pyzer and Kathy Morgan stating they felt the property at 30 Broadway should be residential. Discussion was held as to the illegal removal of two large trees to accommodate a parking lot in rear of the property. Mr. Caploe presented pictures showing landscaping on the property and stated he did not feel adjacent property owners could see the parking lot and feels any office use on this property is going to need off street parking. There being no one else wishing to address Council re this subject, Mr. Carlson moved hearing be closed. Mr. Daily seconded. Carried unanimously. Discussion was held re parking spaces if trees had not been removed. It was noted that parking spaces would have been reduced to 6 instead of 9. Discussion was held re project being in the Historic Designated District and on the intensity of this project. Mr. Carlson moved to send this issue back to DRC with Council's concerns based on 4.86.180 of the Zoning Ordinance, that this proposal is too intense. Have DRC look at the intensity with respect to driveway, parking, restrictions of signing, lighting and landscaping. Mrs. Benjamin seconded. Mr. Ventura restated the motion to be more specific. Motion is to send this back with direction to DRC and Planning Commission that Council does not want any signing along the frontage of property; There be no second driveway for the project; that they limit amount of on site parking to 4 or 5 spaces; consider a variance if necessary to assure adequate parking; prohibit lighting near the residential property; that part of the back yard closest to neighbors and the side that was a second driveway be dedicated to landscaping to sere as a buffer to replace the trees that were removed and add condition that Council ask them to consider reducing the amount of square footage to be used for office use. Mr. Carlson accepted the rewording of the motion. Mrs. Benjamin accepted restated motion. Motion carried unanimously. Mr. Ferrito stated when the Downtown Specific Plan and the General Plan reviews were started, the zoning of this property and others properties in Town, the down zoning from Commercial to Office was an interim step. In fact at least one notice went out to neighbors in this area stating that the zoning was going to go to R-1D eventually. Therefore he moved that Council refer this question to the Planning commission for possible zone change of this property and any other similarly situated properties. That is properties that are currently zone "O" but are in residential or historic areas. Council should get a proposed zoning Ordinance back by the first meeting in January as this is a high priority. Mr. Carlson seconded. Carried by 3 ayes. Mr. Daily and Mrs. Benjamin voting no. Mr. Carlson moved that Council assure Mr. & Mrs. White that there will be no zone change on their property t 30 Broadway until this case is decided on its merit. Mr. Daily seconded. Carried by vote of three ayes. Mr. Ventura and Mr. Ferrito voting no. RECESS Mayor Benjamin declared a recess. Meeting reconvened at 11:25 p.m. APPEAL - 812 POLLARD ROAD Mayor Benjamin stated this was the time and place duly noted for continued public hearing on appeal of the Building Official's decision regarding handicapped access at 812 Pollard Road. Building Official stated he has not heard from the appellant and has not been able to contact her. Mr. Carlson moved to continue this to meeting of November 4, 1985. Mr. Ferrito seconded. Carried unanimously. PROJECT 316 BLOSSOM HILL PATHWAY IMPROVEMENTS Mayor Benjamin stated this was the time and place duly noted for public hearing on Project 316, Blossom Hill Pathway Improvements. Town Engineer Ron Zapf spoke on the modifications of said project. Mayor Benjamin stated she had asked for this improvement to be done, but only between Blossom Hill School and Atwood Court. Mr. trejo, spoke against any improvements to the pathways along Blossom Hill Road. There being no one else from the audience wishing to speak on this issue, Mr. Ventura moved the public hearing be closed. Mr. Carlson seconded. Carried unanimously. Discussion was held on to the possibility of putting a curb along side of the road. He stated he would be hesitant to recommend anything less than a guardrail for protection. Mr. Ventura moved all bids for said project be rejected. Mr. Ferrito seconded. Carried unanimously. APPEAL - 576 W. PARR AVENUE ANCIANO VILLAGE Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider Zone Change application Z-82-2B, requesting modification to an existing planned development to delete the requirements restricting occupancy to senior citizens only for property in the R-1:8,000-PD zone. Location is 576 W. Parr Avenue. Mr. Daily stated due to his being absences from the last meeting he would not be voting on this issue and left the room. Speaking on the request for modification was Mr. Wm. Hedley, representing Anciano Village. He spoke on the revised proposal of a rental housing facility and the modification of the Planning Development. There being no one else wishing to speak on this item, Mr. Ferrito moved hearing be closed. Mr. Carlson seconded. Carried by vote of 4 ayes. Mr. Daily absent. Mr. Ventura moved to refer this matter to Planning Commission for review and recommendation to Council. Discussion was held as to time this could be done. After further discussion Mr. Ventura withdrew his motion nd moved to continue the public hearing to December 2, 1985 to have Planning Commission review and make a recommendation to Council. Mr. Ferrito seconded. Carried by 4 ayes. Mr. Daily was absent. Mr. Daily returned to the Council Chambers. CONTINUE MEETING Mr. Carlson moved to continue the meeting past midnight. Mr. Ventura seconded. Carried unanimously. GENERAL PLAN AMENDMENT GP-85-4 Mayor Benjamin stated this was the time and place duly noted to consider Planning Commission's recommendation of General Plan Amendment GP-85-4, amendments to general Plan and Downtown Specific Plan concerning parking, circulation land use and Downtown Parking Plan. It was also noted that the amendments will be taken as follows. 1. Changes in the Downtown Specific Plan and the General Plan to accommodate the parking program. Dr. LaVeque, 143 E. Main Street, requested that his property containing medical offices, at the corner of E. Main and Church street be excluded from the parking program. Discussion was held on this request. Mr. Bowman answered questions of Council re requirements in C-1 and C-2 zones. After further discussion Mr. Carlson moved this hearing be continued to January 6, 1986. Mr. Daily seconded. Carried by vote of 4 ayes. Mr. Ferrito abstained due to his being a tenant in the Wade Hover building which is in the area just discussed. 2. Request to change the land use designation on Miles Avenue s submitted by H. Eugene Smith. Richard Gaines, 340 Johnson Avenue, stated he was representing Mr. Smith but stated he had nothing to add to the report. 3. Relocation of the transit terminal/bus stations referred by the Town Council. There being no one in the audience wishing to speak on this issue Mr. Daily moved hearing be closed on items 2 and 3. Mr. Carlson seconded. Carried unanimously. Discussion was held on No. 2 whereby Councilman Ventura stated he was not prepared to authorize a change in the General Plan without having more information on traffic that potential other projects in this area could generate. Mr. Gaines stated that leaving this property in its land use is denying Mr. Smith an opportunity to use that property and the proposal for use of this property will generate far fewer trips than the existing zoning would ever generate. Mr. Carlson stated he feels land use change may be called for, but needs a specific recommendation on trip allocation, like the one done on the Alberto Way basin. Mr. Carlson then moved to approve in concept the change in zoning. Motion died for lack of a second. Mr. Ventura moved to refer this rezoning to the Planning Commission for a study setting traffic capacity standards in Miles Avenue Basin on a per parcel basis for the area and have them report back to Council within year. Mr. Daily seconded. Carried by vote of 4 ayes. Mr. Carlson voting no, as he feels year is to long to wait for a traffic study and since most of the Council wants this property to be industrial, so feels the least Council could do is indicate that. Discussion was held re relocation of bus station and planning's recommendation that it remain t its preset location. Mr. Ferrito moved, by consensus motion, to accept said recommendation. Mr. Ventura seconded. Carried unanimously. VERBAL COMMUNICATIONS Keith Kelsen, representing KCAT stated KCAT requests Council permission to allow them to block off N. Santa Cruz and Main Street between the hours of 1:00 a.m. to 4:00 a.m., on November 9th to allow them to shoot a xmas scene and this would include landing of a helicopter. On consensus motion this was referred to staff for report and Manager asked that this request be put in writing. HISTORIC RESOURCE INVENTORY BELLRINGERS Sara Anderson spoke on Bellringer's request for Town sponsorship of grant proposal for Historic Resources inventory. The grant would require a matching appropriation, up to $18,000 from the Town. What the Bellringers are asking for now is, that the Council support the submittal of the grant proposal to the State but no matching contribution be committed at this time. After said presentation it was consensus of Council that cannot support in concept without seeing proposed grant application. Also speaking on this proposal was Mardi Bennett. Mr. Ventura moved that the Bellringer group start writing the grant and present to Council in two weeks. Council also requested information as to what other cities had done re grant proposals. Mr. Carlson seconded. Carried unanimously. LEROY AVENUE CLOSURE Mayor Benjamin stated before any testimony was given that no decision re closure of Leroy Avenue would be made without a public hearing. Speaking on partial closure of said Avenue were Mike Thomas and Terry Meinzer, residents of Leroy Avenue. Mr. Hugh Dresslar, owner of Happy Hound restaurant stated he has directed delivery trucks not to use Leroy Avenue and has directed his employees to insure that the neighborhood is kept free of litter. After further discussion Mr. Carlson moved to direct Town Engineer to install "No trucks" and "No U Turn" signs on Leroy Avenue; have a revised traffic count on week ends and set hearing 3 months after sign installation. Hearing set for February 3, 1986. Mr. Ventura seconded with the understanding traffic count would also take in the surrounding streets. Carried by vote of 4 ayes. Mr. Ferrito abstained as he has a client that owns property in this area, and could be affected by this decision. ROUTE 85 DEIS Mr. Carlson moved to schedule a public hearing for November 19, 1985 at 7:30 p.m., in the Council Chambers. Mr. Ventura seconded. Carried unanimously. EIR - OLD TOWN SHOPPING CENTER Mr. Bowman answered questions of Council on the modifications of said agreement. Mr. Daily moved for adoption of Resolution No. 1985-157 entitled, RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR OLD TOWN SHOPPING CENTER and authorize the Mayor to execute said agreement in behalf of the Town. Mr. Carlson seconded. Carried unanimously. PHOTOGRAPHIC GUILD FUNDING Mr. Ferrito moved that Council approve appropriation of $100.00 to the Photographic Guild of Los Gatos from the Cultural Commission's fiscal yr. 1985- 86 budget for cash awards to be granted to High School students placing in the Guild's seventeenth Junior Photographic Contest. Mr. Carlson seconded. Carried unanimously. FIVE STAR LIMOUSINE SERV. PUC APPLICATION By consensus motion Council moved to accept staff recommendation and not file a protest because additional less expensive airport service will be provided to Los Gatos residents; and have the Police Department advise the applicant that if the PUC grants their application, they must comply with Article V of Chapter 29 of the Town Code relating to a certificate of public convenience and necessity (to the extent their service is not within the exclusive jurisdiction of the PUC) and the Clerk should notify them they must comply with Chapter 15 of the Town Code re business license. APPEAL - 407 ALBERTO WAY Mr. Carlson moved for adoption of Resolution No. 1985-155 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DECISION DENYING ARCHITECTURE AND SITE APPLICATION FOR OFFICE BUILDING (407 Alberto Way - Westland Investments) Mr. Ferrito seconded. Carried by vote of 3 ayes. Mr. Daily abstained due his absence from the meeting when hearing was held. Mr. Ventura also abstained. APPEAL - 121 MADERA COURT Mr. Carlson moved for adoption of Resolution No. 1985-156 entitled, RESOLUTION REFERRING TO THE PLANNING COMMISSION THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING ARCHITECTURE AND SITE APPLICATION (121 Madera Court - Wm J. Del Carlo). Mr. Ferrito seconded. Carried by vote of 4 ayes. Mr. Daily abstained due to his being absent at the time of the hearing. HITCHHIKING Information report for Council. AMICUS CURIAE Mr. Ferrito moved to grant request for Amicus Curiae support in Contract Costa Threatre's, Inc. Vs City of Concord at no cost to the Town. Mr. Ventura seconded. Carried unanimously. ORDINANCE CORRECTING CROSS REFERENCE IN ORDINANCE 1654 Mr. Ventura moved for adoption of Ordinance No. 1664 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS CORRECTING CROSS REFERENCES IN ORDINANCE NO. 1654. Mr. Ferrito seconded. Carried by vote of 4 ayes. Mr. Daily abstained due to his being absent from the meeting when said Ordinance was introduced. BUS STATION It was consensus of Council that staff continue to monitor the situation at the Bus Depot and report back to Council on November 18, 1985. REBATE OF FEES It was consensus of Council to accept staff report of fees paid on architecture and site application of 407 Alberto Way. REALLOCATION OF CDBG funds Mr. Ferrito moved that staff work with Community Housing Developers the Planning commission, Community Services Commission, and other interested parties to develop a recommendation for the use of the CDBG funds and return with a recommendation by December 2, 1985. A first priority for the funds is to be housing-related projects. Mr. Daily seconded. Carried unanimously. FORBES MILL AND LOS GATOS MUSEUM JOINT OPERATION This item is continued to meeting of November 4, 1985. PAYROLL SEPTEMBER 27, 1985 Mr. Carlson moved to approve the September 27th payroll in the amount of $124,677.82 and payroll related warrants in the amount of $193,510.53. Mr. Daily seconded. Carried unanimously. PAYROLL OCTOBER 11, 1985 Mr. Carlson moved to approve the October 11th payroll in the amount of $126,683.29 and payroll related warrants in the amount of $65,072.81. Mr. Daily seconded. Carried unanimously. OCTOBER 1, 1985 Mr. Carlson moved to approve the warrants for October, 1985 in the amount of $600,064.70. Mr. Daily seconded. Carried unanimously. CULTURAL COMMISSION FUNDING This item was continued to November 4, 1985 meeting. BROADWAY EXT. STREET LIGHT REQUEST This item was continued to November 4, 1985 meeting and it was consensus of Council to request more information from staff. TRANSPORTATION 2000 This item was continued to November 4, 1985. AUGUST & SEPT. 1985 FINANCIAL STATEMENT Mr. Carlson moved to accept financial statements for August and September 1985. Mr. Ventura seconded. Carried unanimously. DIABLO CANYON NUCLEAR POWER PLANT Mr. Ferrito moved for adoption of Resolution No. 1985-158 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS URGING THE STATE LEGISLATION TO HOLD PUBLIC HEARINGS IN SAN LUIS OBISPO COUNTY REGARDING THE STORAGE OF RADIOACTIVE WASTE AT DIABLO CANYON NUCLEAR POWER PLANT. Mr. Carlson seconded. Carried by vote of 4 ayes. Mr. Ventura was absent at the time of the vote. COUNTY COUNSEL OPINION GC SEC 25515 Mr. Ventura moved to go on record in support of position of Mayor of Milpitas. Mr. Ferrito seconded. Carried unanimously. Mayor Benjamin stated this will be discussed at the Mayor's meeting tomorrow. APPOINTMENTS CENTENNIAL COMMITTEE Councilman Ventura requested this be continued to the next meeting. So ordered. ADJOURNMENT At 2:00 a.m., Mr. Daily moved meeting be adjourned to executive session on Saturday, October 26, 1985. Mr. Ferrito seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk