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M 08-04-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA AUGUST 4, 1986 TOWN COUNCIL The Town Council/Parking Authority met in joint meeting in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Thomas J. Ferrito, Brent N. Ventura and Mayor Terrence J. Daily. ABSENT:Joanne Benjamin and Eric D. Carlson. Joanne Benjamin arrived at 8:32 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS Due to the lack of a full Council during the month of August, Mr. Ventura moved to extend filing date for various vacancies on Boards and Commissions to August 27, 1986. Interviews be scheduled for September 2, 1986. Mr. Ferrito seconded. Carried by vote three ayes. Mrs. Benjamin and Mr. Carlson were absent. PRESENTATIONS OF COMMENDATIONS TO YOUTH ADVISORY COMMISSIONERS Mayor Daily presented resolution of Commendations to members who have served on the Youth Advisory Commission. Present to accept their Commendations were Rebecca Rugg, Jill Halverson, Jane Halverson, Megan Ferrito, Stefani Schmitt and Thomas J. Ahearn. Other members receiving Commendations but not present were Kimberly Forrester, Gilda Forrester, Erica Cosgrove, Indra Chatterjee, Laura Apfel, Philip Anderson, Janet Anderson, Claudia Kishler, Jill Musser, Kristi Musser, Christine Jolls, Steven Rosen, Sharon Rogers, Elena Nicholadis, Kevin Doyle, Samantha Dahl, Jonathon Petersen, Jennifer Allensmith, and Kari Compton. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported that a Closed Session was held following the July 28, 1986, Council meeting whereby Council discussed pursuant to Government Code Section 54956.9(c) Institution of litigation of zoning violation and personnel. There is nothing to report on this discussion. The Closed Session that was scheduled for 7:00 p.m. prior to tonight's meeting will be held following the Council meeting to discuss pursuant to Government Code Section 54956.9(a) Scott vs. Town; Shea vs. Town; Barnhart vs. Town; and Town vs. Vlamis. And, under Government Code Section 54956.9(c) institution of litigation on zoning violation. CANCELLATION AUGUST 18, 1986 COUNCIL MEETING Mayor Daily announced that the meeting of August 18, 1986, will be cancelled and the next regular Council meeting will be held on Tuesday, September 2, 1986 at 7:30 p.m. BID AWARD LEGAL PUBLICATION Due to lack of full Council, Mr. Ventura moved to continue the awarding of the bid for Town publications to September 2, 1986, meeting. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. COMMUNICATIONS (referral/file) a.Letter received from Michael Halaburka regarding the Green Valley Disposal rate increase. Mr. Ventura moved to refer this letter to the Town Manager for report. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. b.Letter from Philip Miller with his resignation from the Community Services Commission. Mr. Ventura moved to accept the resignation with regret and the Town Manager to prepare a commendation for his services on the Commission. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. c.Letter from Francis Boden regarding the Hazardous Materials Permit Fee. Mr. Ventura moved to refer this to the Town Manager for report. Mr. Ferrito seconded. Carried by vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. d.Letter from Larry Arzie regarding his previous letters on the downtown parking proposal. Mr. Ventura moved to refer this letter to the Town Manager for response. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. COUNTY REFERRALS Mr. Ventura moved to approve staff recommendations as follows: 662-31-49-79B-79G-79LA-84B-86DR Off Blackberry Hill Road Nedra Woods Single Residential Bldg. Site, Design review. Conditional approval as follows: 1) grading be revised to provide drainage away from the proposed structure; 2) no grading or earth disturbing activities shall be initiated between October to April 15. These limitations apply to driveways, building pads, foundation trenches drilled piers, retaining walls, and utility trenches. If final landscaping is not completed by September 1, interim erosion control plan will be required by October 1, and maintained from the period October 1, to April. Los Gatos staff communicate to County that the Town wishes extensive amount of trees be planted on the site to cover visibility of residence above the ridgeline. 2913-30-49-86B-86G-86DR S. Tourney Road Wilson Dev. Request continuance until September 2, 1986, Council meeting. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. SCHEDULE OF PUBLIC HEARINGS Council informational report on upcoming scheduled public hearings. PLANNING COMMISSION/DEPT. MONTHLY REPORT Council informational report. SECONDARY UNIT PERMIT MONTHLY REPORT Council informational report. LIONS CLUB REQUEST WAIVER OF FEES The Los Gatos Lions Club is proposing to add a second floor to the Snack Shack at Fisher Junior High School. The Club is requesting the waiver of all application, construction, permit fees and taxes for the expansion of the Snack Shack. Mr. Ventura moved to waive all application, construction; permit fees, and taxes for the expansion. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. NOTICE OF COMPLETIONS Mr. Ventura moved to approve the Notice of Completion and Certificate of Acceptance for Tract 7589, Oak Knoll Drive and 16221 Shannon Road, Schu Lot Division; the Mayor to execute and the Town Clerk to record documents. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. PARKING PROHIBITION 646 N. SANTA CRUZ AVE. Informational report for Council. LETTER RE DOWNTOWN PARKING PROJECT (J. LYNCH) Letter received from Jermiah L. Lynch, Attorney representing Emmett Brady, Jim Farwell and James Bacigalupi, objecting to various aspects of the petition being circulated for the Downtown Parking Project regarding acquisition and construction of the project. Mr. Ventura moved letter be referred to the Parking Commission. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. USE OF TOWN PLAZA FOR CHRISTMAS CAROLING Mr. Ventura moved to approve the First United Methodist Church of Los Gatos request to use the Town Plaza for Christmas Caroling, subject to the following conditions: a) Representatives meet with Parks/Forestry & Maintenance Services staff to coordinate the event; b) Town be reimbursed for any maintenance services rendered; c) Town be provided with Special Event Insurance Coverage in the amount of one million dollars. Town will be named as additionally insured and also provide the town with a Hold Harmless Agreement; d) If amplified music is to be utilized, it shall not exceed 75 dBA measured twenty-five (25) feet from the source. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. NOISE COMPLAINT RE WILDER AVENUE Letter from Dr. Michael R. Fischetti complaining of noise on Wilder avenue. It was consensus of Council to accept this informational report in response to said complaint. GOOD SAMARITAN HOSPITAL HISTORIC WALK The Enhance Life Volkssports Club, in association with Good Samaritan Hospital, requesting permission to conduct a historic walk through Los Gatos. Mr. Ventura moved to approve the Historic Walk request with the following conditions: 1) Time of walk be limited both days to between 8:00 a.m. - 5:00 p.m.; 2) Limit walk to November 22nd and 23rd, 1986; 3) insure groups of two or three persons are paced; and the Walk is not to be occurring through residential areas but through commercial areas. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. ] ALCOHOLIC BEVERAGE LICENSE 130 N. SANTA CRUZ Council informational report. PARKING PROHIBITION EAST VINELAND AVENUE Mr. Ventura moved for adoption of Resolution No. 1986-133 entitled, PARKING PROHIBITION - EAST VINELAND AVENUE. (This prohibits parking in front of property at 17348 East Vineland Avenue). Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. AGREEMENT SANTA CLARA COUNTY EMERGENCY SERVICES Mr. Ventura moved for adoption of Resolution No. 1986-134 entitled, A RESOLUTION AUTHORIZING THE TOWN OF LOS GATOS TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF EMERGENCY SERVICES, COUNTY OF SANTA CLARA RELATED TO EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. PARK BOND TAX RATE FOR 1986/87 Mr. Ventura moved for adoption of Resolution No. 1986-135, entitled, A RESOLUTION OF THE TOWN OF LOS GATOS FIXING BOND SERVICE TAX RATES FOR THE FISCAL YEAR 1986-87. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. MINUTES JULY 14, 1986 Mr. Ferrito moved minutes of July 14, 1986 be approved as submitted. Mayor Daily seconded. Carried by a vote of two ayes. Mr. Ventura abstained due to his absence from the meeting. Mrs. Benjamin and Mr. Carlson were absent. MINUTES JULY 21, 1986 Mr. Ventura moved minutes of July 21, 1986 be approved as submitted. Mr. Ferrito seconded. Carried by a vote of two ayes. Mr. Daily abstained due to his absence from the meeting. Mrs. Benjamin and Mr. Carlson were absent. MINUTES JULY 28, 1986 Mr. Ferrito suggested amendment to the July 28, 1986 minutes, page 2, subject Route 85 Corridor. Last sentence of the first paragraph to read, "Mr. Ferrito stated he would like to see, after Council defines the structure of this corridor a statement of willingness be incorporated to consider some type of development limits, so the freeway does not generate more growth." Mr. Ferrito moved the minutes of July 28, 1986, be approved as amended. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. COMMUNICATIONS (for action) a.Request from Helen Mendel to waive parking restrictions on N. Santa Cruz Avenue on Sunday, August 24, 1986, to accommodate the crowds expected for the 20th anniversary of the Fiesta de Artes and request police assistance with alternative parking measures at downtown locations. Discussion was held as to cost for the assistance of the Police services. This is to be born by the event sponsor. Sue LaForge, representing the Chamber of Commerce, stated the Chamber would guarantee payment of such costs that occurred through use of Police personnel. Sue LaForge then spoke on parking situation and requested that during the event that Chamber be allowed to issue one day parking permits to people who are artists or participants in the event. Chief Acosta spoke in opposition to the proposal, stating it would be impossible to enforce and feels this would confuse the public as to restricted parking on other Sundays. He also spoke on the need for consistency in the restricted parking. Sue LaForge then explained to Council as to how the issuance of parking permits could be handled by the Chamber and would be only to participants who would be working at the event the entire day. After further discussion, Mayor Daily moved to grant the request and waive parking restrictions on N. Santa Cruz Avenue on Sunday, August 24, 1986, and Chamber of Commerce to provide and issue one day parking permits (these to be devised by the Chamber along with the Police Chief) so they are highly visible to the Police in their traffic control patrol. Permits to be issued only to persons that will be parking on N. Santa Cruz Avenue the entire day and possibility of assigning parking designation if feasible. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. Mayor Daily moved to approve the request to provide Police traffic control assistance for alternative parking measures with costs to be borne by event sponsor (with Chamber of Commerce guaranteeing payment if sponsor, Old Town, does not pay). Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. b.Letter from the Los Gatos Jaycees requesting permission to put up signs for parking for the Fiesta de Artes. Mr. Ferrito moved to approve the Jaycees request with the recommendation that signs should be placed so not to interfere with other directional or traffic signs (installation be made on Friday evening and removed Sunday night). Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. AUGUST 1, 1986 PAYROLL AND RELATED WARRANTS Mr. Ventura moved for the approval of the August 1, 1986 payroll in the amount of $134,431.27 and related warrants in the amount of $123,865.01. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. SPECIAL UNIFORM ALLOWANCE PAY Mr. Ferrito moved for the approval of the July 25th, 1986, Special Uniform Allowance in the amount of $23,338.46. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. WEED ABATEMENT CHARGES FOR FY 86-87 Mayor Daily stated this was the time and place duly published for public hearing to consider report and assessment of weed abatement charge to be collected on the Tax Roll for 1986-87. No one from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. Mr. Ferrito moved for adoption of Resolution No. 1986-136 entitled, A RESOLUTION ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1986-87. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. 1985 CONSTRUCTION CODE Mayor Daily stated this was the time and place duly published for public hearing to consider adoption, by reference, with modifications the 1985 Edition of the Uniform Building Code; Uniform Mechanical Code; Uniform Housing Code; Uniform Code for the Abatement of Dangerous Buildings; Uniform Plumbing Code and the 1984 Edition of the National Electric Code. No one from the audience wished to speak on this issue. Mr. Ventura moved the public hearing be closed. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. RESOLUTION OF FINDINGS Mr. Ventura moved for the adoption of Resolution No. 1986-137 entitled, A RESOLUTION CONCERNING CHANGES IN UNIFORM CODE HEALTH AND SAFETY CODE SECTION 17958.7 Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. INTRODUCTION OF ORDINANCE Mr.Ventura moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING BY REFERENCE WITH MODIFICATIONS, OF 1985 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, UNIFORM PLUMBING CODE, AND THE 1984 EDITION OF THE NATIONAL ELECTRIC CODE. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. The Town Clerk read title of Ordinance. Mr. Ventura moved for introduction of the Ordinance. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Carlson were absent. Mrs. Benjamin arrived at 8:32 p.m. BUILDING PERMIT FEE SCHEDULE Mayor Daily stated this was the time and place duly published for public hearing to consider changes in the building fee schedule. No one in the audience wished to speak on this issue. Mr. Ferrito moved public hearing be closed. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr. Carlson was absent. Mr. Ferrito moved for the adoption of Resolution No. 1986- 138 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING FEES FOR PERMITS AND INSPECTIONS UNDER THE PROVISION OF CHAPTER 7 OF THE CODE OF THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr. Carlson was absent. APPEAL REZONING & SUBDIVISION AT 15313 WINCHESTER BOULEVARD Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the Planning Commission's recommendation of Subdivision Application M-85-15A and Zone Change Application Z-85-1A, requesting approval of a 3-lot subdivision and to permit a change in zone from R-1:8,000 (single family residential 8,000 square foot minimum lot size) to R-1:8000-PD. (JLR Properties - 15313 Winchester Boulevard). Mrs. Virginia Fanelli representing the applicant spoke to Council regarding the meeting of March 3rd, 1986, whereby an appeal by Mr. Suvada was heard and Council granted the appeal denying the application for tentative map and referred developer back to Planning and DRC and direct developer to file for a planned development. Further discussion was held on the width of the street removal of trees etc. Mr. Suvada representing the Millrich neighbors spoke in opposition to the PD Zone change and wants the same rules to apply to this new development as applied to the properties across the street on his side. Brad Honholt, consultant Civil Engineer representing Millrich neighbors, stated the property can be developed into a 2-lot subdivision without going into PD Zone. It can be developed with current zoning with the wider street. Dwayne Fowler, representing Mr. Block of Millrich Drive, stated he feels the subdivision should have a wider street and any developer should go under the same rules as neighbors living on Millrich Drive and opposes PD Zoning. Others speaking in opposition of a PD Zone were G. Fieneman and Judy Suvada. JLR Properties partner spoke on lack of neighbors participating in meetings and urged Council to grant approval of PD Zone and 3- lot subdivision. Also favoring the zone change were Elliott Wax, Mary Wax, and G. Kester. No one else wished to speak on this issue. Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to deny the zone change. The question has always been a question whether to change the zoning or not. From what I have heard, consistently, the neighborhood had asked the zoning not be changed because their property had been developed under one zoning. Now all of a sudden, and I have heard this many times, why change the rules across the street? The land should be developed under the current zoning which is consistent with the neighborhood. The neighbors asked for the same zoning as theirs. They bought the property with the understanding that when the land across the street was developed it would be the same as theirs, R-1:8000. The current property owner of the land in question bought the land knowing what the current zoning was. Therefore the important point is by retaining the current zoning no one has lost anything. Mr. Ferrito seconded referring to the Planning Commission report. He stated that while he is personally not in favor of wider streets and is in favor of preservation of trees because the neighbors believe that their safety is enhanced by a wider street because they were promised a wider street originally and because they've made it clear that's what they want. That's what I would support. Motion carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ventura stated for the record that he was open to the idea, last time, of three lot. But he has gone back to the property in question and looked at plans and is convinced Council would be doing a disservice to the neighborhood and not doing proper planning, if approving three lots, giving the narrowness of the lots. The developer should be looking at acquiring more property if he wished to pursue a three lot subdivision and therefore, can not support this application. Mr. Ferrito moved that Council finds the Planning Commission erred in that they believed that the Council was directing a PD approval; that it assumed that Council would go with 3 lots and that it ignored a clear, concise, definite Council decision last time, to give the neighborhood the wider street. Mrs. Benjamin seconded, as that was one of the basis of her decision last time. Motion carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to refer the subdivision application back to the Planning Commission for review and to allow the developer to resubmit subdivision plans under the present zoning of R-1:8000 and there will be no additional fees. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. The Town Attorney to prepare a resolution for Council consideration at the next Council meeting. RECESS Mayor Daily declared a recess. The meeting reconvened at 10:10 p.m. APPEAL 216 GLEN RIDGE AVENUE SECONDARY DWELLING UNIT Mayor Daily stated this was the time and place duly noted for continued public hearing to consider Council decision in granting the appeal of decision of the Planning Commission denying application for Secondary Dwelling Unit on property in the R-1D-LHP Zone (Application D-85-156), property located at 216 Glen Ridge Avenue (J.D. McManis). Speaking on the issue was J. McManis. Stating he is requesting he be granted a secondary dwelling unit permit but leave the time limit open because he is refurbishing the property and not sure when he will be reestablishing the secondary unit. He would like this grandfathered so he will be eligible for this protection subject to meeting all applicable zoning ordinance rules and regulations. At this time he does not know when it will be but wishes the date of his application be open ended. At such time when he would reinstate his secondary unit the could apply and be in compliance with rules and regulations as set forth in the Ordinance. Mr. Ferrito spoke on the application being open ended and stated it would be hard the staff to monitor. This is why there needs to be a deadline set for enforcement purposes to make sure that Council has or gets some kind of commitment that will decide within some time period as to whether or not you want to take advantage and have a second unit or give it up. After further discussion, Mrs. Benjamin moved that Council make findings and not place time limit on this but have staff come back with a resolution for Council consideration t the next meeting incorporating points as made by Mr. McManis. This is to be considered by Council at their next meeting. Mr. Ventura seconded. Mr. Ferrito amended the motion that staff suggest modification but not go so far as to put in an ending date. Mrs. Benjamin accepted amendment as did Mr. Ventura. Motion carried by a vote of four ayes. Mr. Carlson was absent. APPEAL 718 UNIVERSITY AV. Mayor Daily stated this was the time and place duly noted to consider an appeal of the Planning Commission's denial of application for Zone Change Application Z-84-6, consideration to delete an existing commercial-industrial Planned Development (LM-PD) Zone and to create a new commercial-Industrial Planned Development (LM-PD) Zone to permit the construction of a multi-use facility (research and development, light industrial office) at 718 University Avenue. (Guadalupe Rubbish Disposal Company Inc.). This was not advertised for hearing and applicant requested a continuance to September 15, 1986. Mr. Ventura moved to continue this item until September 15, 1986 as requested. Mrs. Benjamin seconded. Carried unanimously. APPEAL DENIAL OF PUSHCART PERMIT Mayor Daily stated this was the time and place duly noted for public hearing to consider the appeal of the denial of a pushcart permit at High School Court and Church Street. Due to a lack of publication for public hearing it is necessary to reschedule this to September 2, 1986. ORDINANCE AMENDING CHAPTER 19A RE PUSHCARTS ADJACENT TO A HIGH SCHOOL Mrs. Benjamin moved to reschedule this hearing to September 2, 1986 plus discussion of the ordinance amendment regarding pushcarts. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. VERBAL COMMUNICATIONS Deborah Gabris, 381 Johnson Avenue, owner of Entourage, presented a letter to Council regarding naming of the footbridge which crosses the freeway from Forbes Mill Museum to Old town. She is asking permission to name the bridge and have a ribbon cutting ceremony designating name of bridge. She stated this is in conjunction with the Fiesta de Arts and Wine Tasting Festival and the "Show Me How Fair" (which is hosted by the merchants on East Main Street. She feels the naming of the footbridge would inform people of the existence of the Museum and encourage walkers to cross to the Museum and feels this would revitalize businesses on East Main Street. Mrs. Benjamin moved for conceptual approval subject to Town and Caltrans approval. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Sue LaForge of the Chamber of Commerce announced that one year from this Friday (August 8th) will be the 100th anniversary of the Town's Incorporation. A special ceremony presentation in a series of eight landmark pictures will be presented to the Library on Saturday, August 8th and wishes to extend an invitation to said event. BMP RULES PROCEDURES & CRITERIA FOR BMP PROGRAM Mr. Ventura moved for the adoption of resolution No. 1986-139 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 three ayes. Mr. Carlson was absent. Mrs. Benjamin abstained to be consistent with her previous vote and she agrees with Mr. Carlson regarding in lieu fees. Mrs. Fanelli stated she would like to request Council to reconsider this resolution regarding fees as she feels it will make a real impact on the Bachman Avenue project that Council likes. She also stated the adoption of this resolution will cost around $10,000 to met the fees. No further action was taken. ORDINANCE AMENDING CHAPTER 3.90 OF ZONING ORDINANCE RE BMP PRICE Mr. Ferrito moved for adoption of Ordinance 1687 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 3.90 OF THE ZONING ORDINANCE RELATING TO THE BELOW MARKET PRICE PROGRAM. Mr. Ventura seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr. Carlson was absent. URGENCY ORDINANCE FRONT & SIDE SETBACK IN C-2 ZONE Discussion was held on Urgency Ordinance regarding set backs in the C-2 Zone. After said discussion, Mr. Ventura moved to refer this back to the Planning Commission for further review and recommendation and have staff reagendize this for Council consideration at a later date. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. PARKING PROHIBITION ON CAPRI DRIVE & W. PARR AVENUE After some discussion on the request for this parking prohibition, Mrs. Benjamin moved to continue this to September 15, 1986, to allow time for Council members to look at the area and review comments. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ORDINANCE AMENDING SECTION 4.10.050 OF ZONING ORD. RE BUILDING HEIGHTS ON SLOPING LOTS Mr. Ferrito moved for adoption of Ordinance No. 1688 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 4.10.050 OF THE TOWN ZONING ORDINANCE RELATING TO BUILDING HEIGHT ON SLOPING LOTS. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson was absent. Mr. Ventura abstained. SISTER CITY COMMITTEE FUNDS ALLOCATION Mrs. Benjamin moved for the approval to allocate $176.00 from the Sister City's 1986-87 appropriation to the reception barbecue held for the Sister City Chung- Ho, Taiwan on July 14, 1986. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. CHRISTMAS FOUNDATION PLAQUE IN TOWN PLAZA Park Commissioner, Ardith Sams, spoke on the request and feels a policy should be set by Council and wants to recommend that Council ask Park Commission to provide results of a study of options on future requests until such policy is developed. Then all requests to be reviewed on an individual basis. Park Commission unanimously endorses this present request. Mrs. Sams stated there are three (3) existing recognition plaques at the Town Plaza at this time. Mrs. Benjamin moved to authorize the installation of a recognition plaque at the Town Plaza as requested by the Christmas Foundation and asked Park Commission to provide results of a study, whereby Council could review and set a policy. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ADJOURNMENT Mr. Ferrito moved meeting be adjourned at 11:25 p.m., to Closed Session. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ATTEST: Rose E. Aldag Town Clerk