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M 04-07-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 7, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura and Mayor Terrence J. Daily. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported that Council had met in Closed Session on March 24, 1986 and pursuant to Government Code Section 54956.9(c) discussed institution of litigation of zoning violations. There is nothing to report. Council, on March 31, 1986, met in Closed Session to discuss personnel matter and there is nothing to report from that discussion. Also, pursuant to Government Code section 54956.9(c) discussed institution of litigation on violation of zoning ordinance and Town Code. There is nothing to report on this discussion. Prior to tonight's Council meeting, Council met in Closed Session and pursuant to Government Code Section 54956.9(a) discussed two (2) matters of litigation, Town v. Vlamis and Town v. Los Gatos Athletic Club. There is nothing to report on the items at this time. Also, pursuant to Government Code Section 54956.9(c), Institution of litigation on zoning violations was discussed and Council authorized litigation on three (3) matters, which will be filed within the week. COMMUNICATIONS (referral/file) a.Letter from Janice Reynolds regarding Police enforcement and inspection for code violations on La Rinconada Drive. Mr. Carlson moved to refer this letter to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. b.Letter regarding the Jewish Community Center "Anniversary Walk" on Sunday, May 18, 1986 from 1:00 to 4:00 p.m. Mr. Carlson moved to refer this request to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. c.PG&E notification of gas rate decrease. Note and file. d.Letter from Francis E. X. Murphy, regarding a permit for the use of Oak Meadow Park on May 3, 1986, from the First Annual Gatos Get-Together. This event will be a fund raiser for the Los Gatos High School Band Uniform Fund and for KCAT Television. Mr. Carlson moved to refer this request to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council information report on upcoming scheduled public hearings. PLANNING COMMISSION MONTHLY REPORT Council informational report. PEDESTRIAN SAFETY SARATOGA & MASSOL AVENUES Due to the lengthy agenda, Mr. Ferrito moved this be continued to April 21, 1986. Mrs. Benjamin seconded. Carried unanimously. NOTICE OF COMPLETION PROJECT 305 Due to the lengthy agenda and to allow more time for discussion, Mr. Ferrito moved this matter be continued April 21, 1986. Mrs. Benjamin seconded. Carried unanimously. SANITARY SEWER FUND - SUPPLEMENTAL APPROPRIATION Mr. Carlson moved to approve a supplemental appropriation from the Sanitary Sewer Fund in the amount of $20,138.45. Mrs. Benjamin seconded. Carried unanimously. SUPPORT REENACTMENT SHARING PROGRAM Mr. Carlson moved for adoption of Resolution No. 1986-38 entitled, RESOLUTION IN SUPPORT OF THE REENACTMENT OF THE GENERAL REVENUE SHARING PROGRAM. Mrs. Benjamin seconded. Carried unanimously. KCAT SUPPLEMENTAL APPROPRIATION Mr. Carlson moved to accept staff recommendation and approve the supplemental appropriation of $10,500 to KCAT from the Town's deposit account. The $10,500 represents funds to be received from Hearst Corporation and the City of Monte Sereno. Mrs. Benjamin seconded. Carried unanimously. JOINT POWERS AGREEMENT FOR INTERGOVERNMENTAL EMPLOYEE RELATION SERVICE Mr. Carlson moved for adoption of Resolution No. 1986-39 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A JOINT POWERS AGREEMENT FOR INTERGOVERNMENTAL EMPLOYEE RELATIONS SERVICE. Mrs. Benjamin seconded. Carried unanimously. The Town Manager answered questions of Council stating ERS is a service provided by the County through a Joint Powers Agreement that has the purpose of providing information/research and assistance to the member agencies in the area of employee relations. PARKING COMMISSION ACTIVITY REPORT Council informational report. APPEAL DENIAL SECONDARY DWELLING UNIT 17231 WEDGEWOOD AVENUE (AITKEN) Mr. Carlson moved for adoption of Resolution No. 1986-40 entitled, RESOLUTION DENYING APPEAL OF BUILDING OFFICIAL DECISION CONCERNING HOUSING CODE CORRECTION REQUIRED FOR APPROVAL OF SECONDARY DWELLING UNIT. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mrs. Benjamin voted no. They felt that more information needed to be presented before they would be able to vote on this question. COUNTY HISTORY BOOK The Town Manager stated a letter had been received from the Historical heritage Commission regarding their sponsoring of a publication of a comprehensive county history and requesting participation from cities within the county. Mr. Carlson moved to accept staff recommendation and deny the request that the Town participate in said publication. Mrs. Benjamin seconded. Carried unanimously. ACCEPTANCE OF PRIORITY RAIL CORRIDORS FOR MTC Mr. Carlson moved letter be sent by Mayor notifying the Metropolitan Transportation Commission reaffirming the Town's position for mass transit and the priority rail corridor as established by the Transportation 2000 Study. It is further recommended that Council notify MTC of the Town's support for rail in the 85 Corridor. Mrs. Benjamin seconded. Carried unanimously. TOWN CLASSIFICATION PLAN Mr. Carlson moved for adoption of Resolution No. 1986-41 entitled, RESOLUTION AMENDING THE TOWN'S CLASSIFICATION PLAN. Mrs. Benjamin seconded. Carried unanimously. PROJECT 314 LARK AVENUE IMPROVEMENTS Mrs. Carlson moved to approve a supplemental appropriation in the amount of $52,000 from the Deposit Account (012) to General Fund Appropriated Reserve (014) for the Lark Avenue Improvement Project 314. Mrs. Benjamin seconded. Carried unanimously. ALCOHOLIC BEVERAGE CONTROL APPLICATIONS Council information report. 10TH ANNIVERSARY COASTAL ACT Mr. Carlson moved for adoption of Resolution No. 1986-42 entitled, RESOLUTION COMMEMORATING THE TENTH ANNIVERSARY OF THE COASTAL ACT. Mrs. Benjamin seconded. Carried unanimously. MINUTES MARCH 17, 1986 Mr. Carlson requested correction of minutes as follows: Page 6, subject - LEROY AVENUE PREFERENTIAL PARKING BOUNDARIES. 7th sentence to read, "Mr. Carlson spoke on lack of public relations by the owner of Happy Hound and the action necessary would be to put up a signing mechanism to inform patrons of the parking problem and not to use Leroy Avenue". Mrs. Benjamin moved for adoption of minutes of March 17, 1986 as corrected. Mr. Ventura seconded. Carried unanimously. PAYROLL MARCH 28, 1986 Mr. Ventura moved for approval of March 28, 1986 payroll in the amount of $133,000.52. Mrs. Benjamin seconded. Carried unanimously. PAYROLL RELATED WARRANTS MARCH 28, 1986 Mrs. Benjamin moved for approval of the March 28, 1986 payroll related warrants in the amount of $114,476.04. Mr. Ventura seconded. Carried unanimously. SPECIAL WARRANT TO KCAT Mrs. Benjamin moved for approval of the Special Warrant to KCAT in the amount of $6,500.00. Mr. Daily seconded. Carried by a vote of three ayes. Mr. Ventura and Mr. Ferrito abstained due to their being members of the KCAT Board of Directors. The Town Manager stated this check represented the commitment of Los Gatos for $5,000 and Monte Sereno for $1,500 to help KCAT in their financial problems. WARRANTS MARCH, 1986 Mayor Daily stated the approval of the March 1986 warrants would be postponed to the meeting of April 21, 1986. TREASURER'S ANNUAL STATEMENT INVESTMENT POLICY Mr. Daily stated Council had received the Treasurer's Annual Statement of Investment Policy and it will be noted and filed. APPEAL DEMOLITION OF RESIDENCE AT 229 BACHMAN Mayor Daily stated this was the time and place duly published for public hearing to consider an appeal of a decision of the Planning Commission in denying the request to demolish an existing residence and to construct a new single family residence in the R-1D:LHP Zone. Property is located at 229 Bachman Avenue. Speaking on the issue was George Tobin, Attorney representing Mr. & Mrs. Stoops owners of the property. Mr. Tobin gave some history of the property; referred to the deficiencies of the building and stated it is not economically feasible to rebuild the building. Mr. Jeffs, appellant, stated he feels the building should be demolished and he wished to build a new high quality victorian styled home and requests the approval of Council. Also speaking in favor of a new structure being build were Mr. Robert Holding; Roger Sanford; Judy Wallace favored new structure with smaller design. Mr. Lien, Planning Commissioner and a member of the Historic Preservation Committee, stated the design of new dwelling is to large for the lot. Mr. Ransom also agreed with that finding and stated this design is consistent with the Downtown Plan. There was further discussion. No one else wished to speak on this issue. Mr. Ventura moved the public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved to grant the appeal as Planning Commission erred in not considering the present condition of the residence and all of its faults that are listed in the report from the Engineering firm and existing building may be demolished subject to an approved plan for construction of an alternate house which shall be on a smaller scale and be consistent with the neighborhood. Mr. Carlson seconded. Mr. Ventura amended motion and added that the deterioration of the house was not a persuasive factor but, the fact that the Historic Commission finds the existing house is of no historic merit or architecturally significant. Therefore, demolition of structure would not be detracting from the neighborhood. Mrs. Benjamin accepted the amendment as did Mr. Carlson. Motion carried unanimously. Mr. Ventura stated he felt Council should give some specific directions to Planning commission, on the size of the house and just what Council is looking for in size and design. On the matter of construction of new residence, Mr. Ferrito moved the Planning Commission erred in that it did not consider the positive impact on the neighborhood in putting a residential anchor and clearly establishing, by the physical structures that are build, this is residential area and not a commercial area. For those reasons, Mr. Ferrito moved that Council remand this matter back to the Planning Commission on Architecture and Site Application and feels Planing Commission, as a whole, did not focus on that issue. Mrs. Benjamin seconded. Carried unanimously. BICYCLE & PEDESTRIAN SAFETY IMPROVEMENTS FOR BLOSSOM HILL ROAD & SHANNON ROAD. Mayor Daily stated this was the time and place duly published for public hearing to consider pedestrian safety on Blossom Hill and Shannon Road Engineer, Ron Zapf, gave summary of project to construct safety improvements in the 1986-87 construction schedule. Also speaking on the dangerous pedestrian and bicycle safety on Blossom Hill Road and Shannon Road were Van Adams; Mark McClish; bruce McClish; Cheryl Wimberly; Nancy Stengle; Dennis Kallenborn; Ed Strong; Mrs. Chatterjee; Mrs. Barnett; Mrs. Mallison; and Judith Moreland. Mr. Van Adams presented a petition signed by 23 residents requesting Council's consideration of said improvements. Further discussion was held on the issuance of citations for the Dodge car dealers parking their cars on the roadway on Shannon Road. Council asked for staff report from Town Engineer addressing the complaints of the people who have spoken. No one else wished to speak on this issue, Mr.Ventura moved hearing be closed. Mrs.Benjamin seconded. Carried unanimously. Mrs. Benjamin moved to approve the Blossom Hill safety project for construction, direct staff to prepare final plans and specification for presentation and consideration by Council in 30 days. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved Council and staff work with County and incorporate safety on both sides of Shannon Road from Short Road to Los Gatos Boulevard. Bike path and walkway from Blossom Hill School to Atwood Court. Mr. Ventura seconded. Carried unanimously. Mayor Daily and Mrs. Benjamin to meet with Susanne Wilson to discuss this issue and interested residents should also write Board of Supervisors requesting their cooperation to remedying this dangerous roadway situation. Council also directed staff to contact Dodge dealership re parking of vehicles along side of Shannon Road near the intersection. APPEAL VARIANCE 47 BROADWAY (PISORS) Mayor Daily stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission denial of Variance Application V-85- 5, requesting permission to construct an accessory structure at a height greater than that permitted by the development standards of the R-1D zone. Property located at 47 Broadway (George & Dawn Pisors). This item had been continued from February 18, 1986. Letter from George Pisors requesting this item be removed from the agenda, due to submittal of revised plans which would eliminate the need for a variance for the remodeling of a garage. Mrs. Benjamin moved request for withdrawal of the appeal be granted. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. ORDINANCE EXTENSION OF NONCONFORMING STATUS PROPERTY IN ROUTE 85 Mayor Daily stated this was the time and place duly published for public hearing to consider the extension of Ordinance No. 1678 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING USES LOCATED ON PROPERTIES THAT ARE TO BE ACQUIRED BY THE STATE OF CALIFORNIA FOR ROUTE 85. Some discussion was held. There was no one from the audience wishing to speak on this issue. Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mr. Ventura moved to waive the reading of URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1678 EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING USES LOCATED ON PROPERTIES THAT ARE TO BE ACQUIRED BY THE STATE OF CALIFORNIA FOR ROUTE 85. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained due to his being a tenant in a building which is within the proposed Parking Assessment District. Any assessment that is proposed will be passed onto him as a tenant, and user State Law it is questionable as to whether he could participate in any decision relating to said district. Clerk read title. Mr. Ventura moved that Council make finding that the findings as stated in Section 1 of the Ordinance are consistent with the General Plan. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Ventura moved for adoption of Ordinance No. 1681 entitled, URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1678 EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING USES LOCATED ON PROPERTIES THAT ARE TO BE ACQUIRED BY THE STATE OF CALIFORNIA FOR ROUTE 85. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. EXTENDING CONFORMING STATUS PARKING ORDINANCE 1679 Mayor Daily stated this was the time and place duly noted to consider the extension of Ordinance No. 1679 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES THAT ARE NONCONFORMING AS TO PARKING. Mr. Bowman gave summary report on the extension of said Ordinance. Mr. Van Houten, representing the Parking Commission, stated the Parking Commission is very pleased with what Council has done regarding the nonconforming uses, due to parking issues, and wanted to reassure Council that the parking program is progressing well and they are getting a good response from people that have been contacted, regarding the Parking Assessment District. No one else from the audience wished to speak on this issue. Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mr. Ventura moved to waive the reading for AN URGENCY INTERIM ORDINANCE NO. 1679 extending the duration of nonconforming status as listed in section 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES THAT ARE NONCONFORMING AS TO PARKING. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Clerk read title. Mrs. Benjamin moved Council make finding that the findings in Section 1 of proposed ordinance are consistent with the General Plan. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mrs. Benjamin moved for introduction of proposed ordinance. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mrs. Benjamin moved for adoption of Ordinance No. 1682 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE NO. 1679 EXTENDING THE DURATION OF NONCONFORMING STATUS AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES THAT ARE NONCONFORMING AS TO PARKING. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mr. Ferrito stated his reason for abstaining in voting on the nonconforming uses Ordinance is due to his being a tenant in a building which is within the proposed Parking Assessment District. Any assessment that is proposed will be passed onto him, as a tenant, and under State Law it is questionable as to whether he could participate in any decision relating to said district. APPEAL - 269 LOS GATOS BOULEVARD SECONDARY UNITS Mayor Daily stated this was the time and place duly published for public hearing to consider an appeal of the Town of Los Gatos Building Official's decision concerning code correction required for approval of a secondary unit at 269 Los Gatos Boulevard (J. Wilson). Mayor Daily excused himself and left Council meeting at 9:50 p.m. Vice-Mayor Brent N. Ventura chaired the rest of the meeting. J. Wilson, owner of the property spoke on the appeal. The Building Official, Archie Watson, explained code requirements and answered questions of Council on this issue. He explained that the code states there must be a sink in the bathroom separate from the sink where food is prepared. After further discussion and no one else from the audience wished to speak on this issue, Mr. Carlson moved hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Daily was absent. There was further discussion by Council and an explanation to Mr. Wilson of necessity to follow the state code and install an additional sink. Otherwise, this cannot be used for a secondary unit. Mr. Carlson moved to deny the appeal. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily was absent. Town Attorney to prepare appropriate resolution for Council consideration at the next meeting. APPEAL 16759-A FRANK AVENUE SECONDARY UNIT Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of the Town of Los Gatos Building Official's decision concerning code correction required for approval of a secondary living unit at 16759-A Frank Avenue (J. Blackburn). Mr. Blackburn spoke on the appeal stating his problem was also the matter of a sink not being within the bathroom but out in the area where food is prepared. Council suggested Mr. Watson work with Mr. Blackburn and see what could be done without too much expense. Aurora Salitto questioned the residency of the owner of the property and whether the owner should have to live on the property in question. Council answered questions of Mrs. Salitto. Further discussion was held. No one else from the audience wished to speak on this issue, Mr. Carlson moved the public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Mr. Carlson moved to deny the appeal and offer the service of Town Building Official to work with the owner and suggest an economical way to accommodate the law. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. The Town Attorney to prepare appropriate resolution for Council consideration at the next meeting. HOUSING ELEMENT OF THE GENERAL PLAN - BMP UNITS Vice-Mayor Ventura stated this was the time and place duly noted to consider amendments to the Housing Element of the Los Gatos General Plan, GP-85-2, regarding Below Market Price Units. No one from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Daily was absent. Mr. Ferrito moved for adoption of resolution with the formula of "Number of BMP Units -.225 (total #of units) -2.5". Mr. Ventura seconded. Motion failed by a vote of two ayes. Mr. Carlson voted no. Mrs. Benjamin abstained due to absence from meetings when the other formula's had been discussed. Mr. Ferrito moved to continue this item, possibly on the consent calendar, to the meeting of April 21, 1986. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson voting no. Mayor Daily was absent. VACATION PORTION RIGHT-OF-WAY 16650 LARK AVE. & GARDEN HILL Vice-Mayor Ventura stated this was the time and place duly published for public hearing to consider the request to vacate an excess portion of a public right-of- way across the frontage of the property located at 16650 Lark Avenue (APN 424- 23-071) and Garden Hill Drive. No one from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Mr. Carlson moved for adoption of Resolution No. 1986-43 entitled, ORDER VACATING AN EXCESS PORTION OF A PUBLIC RIGHT-OF-WAY ACROSS PROPERTY LOCATED AT 16650 LARK AVENUE (APN 424-23-071) AND GARDEN HILL DRIVE. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily was absent. LATE CLAIM LISA MONTGOMERY Mrs. Benjamin moved to accept staff recommendation and deny the application for leave to present the late claim of Lisa Montgomery. Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Daily was absent. It was also noted the location of the incident described in the claim was not within the jurisdiction of the Town of Los Gatos. OPEN SPACE AGREEMENT EILERTSEN PROPERTY Mr. Ferrito moved for adoption of resolution No. 1986-44 entitled, RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE AGREEMENT ON PROPERTY KNOWN AS THE EILERTSEN PROPERTY AUTHORIZING MAYOR TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF OPEN SPACE EASEMENT. Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Daily was absent. TRAFFIC STUDY E. MAIN, PLEASANT & JACKSON STREETS Mrs. Benjamin suggested that staff look into the installation of a 4-way stop at the intersection of E. Main, Pleasant and Jackson Streets. Mr. Ventura suggested the rerouting of the Roadway. After the discussion, Mr. Carlson moved to accept staff recommendation to install an adance intersection warning sign and a "400 Feet Ahead" advisory sign on the E. Main Street approach to Pleasant Street; and direct staff to report back to Council (within 60 days) regarding the rerouting of the roadway. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily was absent. BELOW MARKET PRICE PROGRAM RESOLUTION Mr. Carlson moved for adoption of Resolution No. 1986-45 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Daily was absent. COUNTY REFERRALS Mr. Ferrito moved to accept staff recommendation as follows: 2175-30-48-84B-84DR Aztec Ridge Dr.Hogan Modir Design Review Speaking on the issue was Warren Heid, Architect. He explained the modification of design and location of the house with respect to the ridge line. Council to accept this as an alternative to the previous referral. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. TOWNWIDE SPEED ZONE STUDY It was noted that 1986 Speed Zone Study had been reviewed by the Council and after some discussion, Mr. Ferrito moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Clerk read title of Ordinance. Mr. Ferrito moved for introduction of the Ordinance and a supplemental appropriation in the amount of $2,000 from General Fund Appropriated Reserve for purchase of materials for implementing the approved speed limit revisions. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Mr. Ferrito wished it noted that as a result of this study, that there is a maximum of 35 MPH speed limit on all Town streets. RELOCATION SAMARITAN DRIVE AT LOS GATOS BOULEVARD Mr. Ferrito moved to continue this item to April 21, 1986. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Daily was absent. PARKING PROHIBITION 646 N. SANTA CRUZ AVENUE It was consensus of Council to continue this item to April 21, 1986 and request clarification on location and the reasoning for the parking prohibition. APPEAL DENIAL 30 BROADWAY (WHITE) Mr. Carlson suggested the following amendment to the proposed resolution denying the appeal for 30 Broadway. Page 1, Resolution under IT IS HEREBY RESOLVED: subsection 2, 5th line to read, "Historical Preservation Overlay Zone in that the traffic generation, parking and site plan of the proposal will ...". Under this same section renumber 3 and 4 to 5 and 6. Add new statement #3, to read, "The Town Council finds that it would be possible for the applicant to develop an office use, if the applicant was willing to limit the intensity of use and to adequately protect adjacent properties, in the neighborhood, from adverse effects". Add new #4 to red, "The Town Council finds that the proposed development was not consistent with the following policies of the Downtown Specific Plan as numbered subsection 1, which relates to preserving the architectural and social character of downtown Los Gatos; V subsection 1 and 3 pertaining to traffic circulation and impact of traffic on neighborhoods; and VI subsection 2 -- which has to do with maintaining pedestrian scale. The Town also finds that the proposed development was not consistent with the policies of the General Plan - Land Use Sections numbered 2,4,5,6,7,9,10 and 11. After some discussion, Mr. Carlson moved for adoption of amended Resolution No. 1986-46 (with additions as proposed above) entitled, RESOLUTION DENYING THE APPEAL OF PLANNING COMMISSION DENIAL OF ARCHITECTURE AND SITE APPLICATION AND VARIANCE APPLICATION REQUESTING APPROVAL OF PLANS TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE INTO OFFICE USE AND VARIANCE TO MODIFY DEVELOPMENT STANDARDS ON PROPERTY IN THE (0) OFFICE ZONE (30 bROADWAY -- Joseph and Dina White). Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin voted no and Mayor Daily was absent. Vice-Mayor Ventura stated the meeting will be adjourned to an Executive Session. EXECUTIVE SESSION REPORT The Town Attorney reported the Executive Session is being held to discuss property acquisition as announced at last Council meeting. The Town Manager may also wish to discuss personnel and labor relations which were not discussed at the prior Executive Session. The Town Attorney announced that the property acquisitions may also be discussed at the Executive Session on April 21, 1986 as follows: 20 Grays Lane - Boyle Property to be discussed with Attorney Charles Kilian; Greco property - 54 N. Santa Cruz Avenue; and Smith property - 58 N. Santa Cruz Avenue. The Town Attorney stated after the Executive Session tonight, Council will meet in a Study Session on April 14, 1986, at 7:30 in the Conference Room and an Executive Session would be held prior to that Study Session. ADJOURNMENT Vice-Mayor Ventura declared the meeting adjourned at 10:55 p.m. to an Executive Session. ATTEST: Rose E. Aldag Town Clerk