Loading...
M 10-06-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 6, 1986 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 8:50 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. PRESENTATIONS Mr. Pat Kane, representative of the California State Automobile Association, presented the Pedestrian Safety Award to the Town of Los Gatos. Mayor Daily accepted the award on behalf of the Town of Los Gatos. Mayor Daily presented a Resolution of Commendation to Adolf Klein for his 9 years of service as a member of the Los Gatos Arts Commission. It was also noted that Resolutions of Commendation were prepared for Catherine Little and Philip Miller for their services on the Community Services Commission. They were not present to receive said Commendations. APPOINTMENTS BOARDS & COMMISSIONS Mayor Daily stated interviews for vacancies to various Town Boards and Commissions had been held prior to tonight's Council meeting. APPOINTMENT LOS GATOS MUSEUM COMMISSION Mr. Ferrito moved to appoint Barbara Jordan to the Los Gatos Museum Commission to fill the unexpired term of John Beggarly. (Term to expire 5-1-87). Mr. Carlson seconded. Carried unanimously. APPOINTMENT PERSONNEL BOARD It was noted there is one vacancy on the Personnel Board. Applicant for said position is Tim Riley. Due to Tim Riley's absence and not available for interviewing, Mr. Ventura moved Clerk be directed to readvertise for this position and appointment to this Board be continued to November 3, 1986. Mr. Carlson seconded. Carried unanimously. Mr. Riley to be notified of the continuation of said appointment. APPOINTMENTS YOUTH ADVISORY COMMISSION ADULT MEMBERS It was noted that there are three vacancies on the Youth Advisory Commission for adult members. Applicants are Lyn Starr and Mary Morton. Mr. Ferrito moved for the appointments of Lyn Starr and Mary Morton as adult members of the Youth Advisory Commission. Town Clerk directed to readvertise for the one vacancy. Mr. Ventura seconded. Carried unanimously. APPOINTMENTS YOUTH ADVISORY COMMISSION YOUTH MEMBERS It was noted that Kindra Donald, Heather Adams, Lezli Jensen, Indra Chatterjee, Robin Faber, Caitlin Schechter, Jon Dunno, Lisa Coleman, Kevin Whyte, Tiffany Hackett, Tim Duzmal, Michael Appleby, Karl Zilles and Fiona Lin submitted applications for the five vacancies on the Youth Advisory Commission Senior High Level. Rachel Baer was the Junior High Level applicant. Discussion was held on amending the Resolution to expand the number of youths to be appointed; add a clause regarding attendance (Commission members cannot miss more than two meetings in succession); and staff list the number of members required for a quorum at each meeting. After further discussion, Mr. Ferrito moved for the appointment of all applicants listed above and direct staff to present Resolution, for Council consideration at the next meeting, including amendments discussed above. Leave membership open to allow for applications from the following schools, Leigh High, Rollings Hills, Union Middle School and Westmont High. Mr. Carlson seconded. Carried unanimously. Council directed the Clerk to readvertise for vacancy on the adult level and vacancies for Senior High and Junior High level for other schools noted above. APPOINTMENT COMMUNITY SERVICES COMMISSION It was noted there is one vacancy on the Community Services Commission. Applicants are Zaida Hackett and Lyn Starr. Voting was held and by unanimous vote, Zaida Hackett was appointed to fill the unexpired term of Catherine Little. Term expires Jan. 1, 1987. BID AWARD POLICE VEHICLES Bids for the purchase of two 1985 or later model used cars for Police investigative use were received from Hertz Used Car Sales, Cerrito Chevrolet and National Car Rental Systems, Inc. Mr. Carlson moved to award the bid to Hertz Used Car Sales for $7,062.00 per unit for a total purchase price of $14,124.00 including tax; and approve the purchase of an additional two year warranty for each vehicle at $499.00 per unit for a total of $998.00. Mrs. Benjamin seconded. Carried unanimously. The Town Manager stated one vehicle would be purchased immediately. BID AWARD LOADER BACKHOE It was noted four bids were received ranging from high bid of $61,152.27 to low bid of $34,327.64. The Town Manager reported that based on the price spread, only one bid met the specifications, staff recommends that specifications be reviewed and revised to encourage a more competitive environment. Mr. Carlson moved to reject all bids submitted and direct staff to readvertise for bids. Mr. Ferrito seconded. Carried unanimously. WRITTEN COMMUNICATIONS (referral/file) a.Letter from St. Mary's School regarding a new turn around area on Lyndon Avenue. Mr. Carlson moved to refer this request to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. b.Letter from the Chamber of Commerce requesting horse drawn carriage holiday promotion on December 5th, 1986. Mr. Carlson moved for conceptual approval by Council and staff to proceed with the implementation. Mrs. Benjamin seconded. Carried unanimously. c.Letter from Craig Marshall Herman regarding recommendations for town traffic congestion from Los Gatos Boulevard to Santa Cruz Avenue. Mr. Carlson moved to refer this letter to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. d.Letter from PG&E regarding rate increases. Note receipt and file. e.Letter from Rae Schmuck regarding investment practices of the federal government. Mr. Carlson moved to refer this letter to the Town Manager for report. Mrs. Benjamin seconded. Carried unanimously. f.Letter from Troop 603 regarding permission to have food booths at the Los Gatos Christmas Parade. Mr. Carlson moved for conceptual approval by Council and staff to proceed with the implementation. Mrs. Benjamin seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council informational report of public hearings currently scheduled for future meetings. COUNTY REFERRALS Mr. Carlson moved to accept County referrals as follows: 2974-27-41-86RA Lindberg Ave.Goldstein Revision to Acreage No comment. 1847-23-45-83B-83G Thompson Ave.Pierson/Hill Time Extension No comment. 1856-23-45-83B-83G Thompson Ave.Pierson/Hill Time Extension No comment. 2175-30-48-84B-84DR-86B-96G Hogan/Modir Grading Permit No grading or earth disturbing activities to be initiated between October 1 and April 15. Limitations apply to driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, outbuildings, and utility trenches. Approved interim erosion control plan required to be instituted by October 1 to April 15, if landscaping is not completed by September 1st. Retaining walls be utilized to reduce grading volumes along driveway to satisfaction of the County Engineer. 2913-30-49-86B-86G-86DR-86LA Wilson Development Residential Bldg. Site, Grading,Design Review and Lot Line Adjustment Recommend that Santa Clara County deny the proposed residence due to need for excessive grading and no access onto Tourney Road. 2984-31-39-86DR Maya Way Jury Design Review Recommend approval subject to the following condition that the proposed addition not project above the 30' height plane as set forth in Section 4.10.050 of the Los Gatos Zoning Ordinance. 2897-26-47-86P-86A-86RA Black Rd/Lake View Ct. Carlson/Rowlett Use Permit and Architectural & Site Approval and Revision to Acreage. Mrs. Benjamin seconded. Carried unanimously. PLANNING COMMISSION/PLANNING DEPT. MONTHLY REPORT Council informational report. DOWNTOWN PARKING ASSESSMENT DISTRICT Mr. Carlson moved to approve the Parking Commission's recommendation and refer to staff for preparation of a Resolution of Intention to form a Parking assessment District and, affirm the following points: 1) There should not be any further restrictions on existing downtown uses (zoning, FAR, intersection capacity standards, etc.) until after the entire parking project has been completed and its effect on traffic and parking problems has been assessed; 2) Status quo should be maintained regarding permit parking until additional parking is provided downtown. Increase permit parking in the residential areas adjacent to the downtown shall be implemented on a phased basis as new parking is provided; 3) Permit parking in the residential areas adjacent to the downtown shall be limited daytime parking for vehicles without permits vs. no parking for vehicles without permits; and 4) To the extent possible, any assessment or parking fee shall allow for changes in land use vs. being fixed (based on current land use) for the life of the bonds (i.e., 25 years). Mrs. Benjamin seconded. Carried by a vote of four votes. Mr. Ferrito abstained for prior stated reason. NOTICE OF COMPLETION 17462 SHELBURNE WAY Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of acceptance for 17462 Shelburne Way (Los Gatos Auto Body). Mrs. Benjamin seconded. Carried unanimously. SANITATION DISTRICT NO. 4 EXTENSION SEWER SERVICE (18620 OVERLOOK RD) CARROLLO The County Sanitation District No. 4 request for extension of sewer service at 18620 Overlook Road, (Judith Carrollo property owner). Mr. Carlson moved annexation to the District should only be allowed in conjunction with annexation to the Town. Mrs. Benjamin seconded. Carried unanimously. BED AND BREAKFAST INNS - TOWN'S POSITION Mr. Carlson moved to recommend that the County of Santa Clara consider adding a provision that would restrict Bed and Breakfast Inns from any area within the Town's Sphere of Influence or the area controlled by the Hillside Specific Plan. If this is not possible an Environmental Impact Report should be prepared to evaluate the potential environmental impacts. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito stated Supervisor Wilson and the other Supervisors should be notified of Council's position and letters to be sent to neighbors. BUS STATION ASSIGNMENT & ASSUMPTION AGREEMENT Mr. Carlson moved to adopt resolution no. 1986-158 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT WITH GREYHOUND LINES INCORPORATED. Mrs. Benjamin seconded. Carried unanimously. FORBES MILL FOOTBRIDGE Council informational report CITY CAB COMPANY CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY Mr. Carlson moved to schedule a public hearing for November 17, 1986, to consider the application of City Cab Company for a Certificate of Public Convenience and Necessity. Mrs. Benjamin seconded. Carried unanimously. CARDINAL LANE DRAINAGE PROBLEM The Town Manager reported that this will be included in the proposed 1987/88 Capital Improvement Program to resolve the drainage problem described and a letter will be sent to Mr. and Mrs. Charles B. Nissen. Mr. Carlson questioned how soon this could be done. Requested staff to review findings and come back with recommendation for Country consideration at the next meeting. NUMBER OF PIGEONS ALLOWED Mr. Carlson moved to refer this matter to the Planning Commission with low priority to consider amending the Zoning Ordinance to require a Conditional Use Permit to keep more than four (4) pigeons on lot in a residential zone. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito requested a notice be sent informing the residents in the area of date of Planning Commission hearing. USE OF LOT AT WINCHESTER BLVD. & LARK AVENUE (CRIPPLED CHILDREN SOCIETY) Mr. Carlson moved to approve the applicant's request to use Town owned property at the corner of Winchester Boulevard and Lark Avenue subject to the following conditions: 1) file application for an Exempt Business License; 2) obtain a temporary Christmas Tree Lot Permit from Planning Department; 3) obtain electrical permit and inspection of temporary power source from Building Department; 4) remove temporary fencing, power source, and other fixtures by January 9, 1987; and 5) provide Town of Los Gatos with Special Event Insurance coverage in the amount of $1 million, name Town as additionally insured and provide Town with a Hold Harmless Agreement. Mrs. Benjamin seconded. Carried unanimously. OBSTRUCTION OF LARGA VISTA (MORGAN & SHEN) Mr.Carlson moved to accept staff recommendation that Dr. and Mrs. Shen meet with Mrs. Morgan and Kirk Heinrichs, the Town's Code Compliance Officer, in order to work towards an amiable solution. Mrs. Benjamin seconded. Carried unanimously. ANDRE COURT (TRACT 7725) TEMPORARY FENCING Mr. Carlson moved to accept staff recommendation and deny the request to install temporary fencing across Andre Court. Mrs. Benjamin seconded. Carried unanimously. HILOW ROAD CONDITION OF ROADWAY Mr. Carlson moved to direct staff to develop a project for consideration by the Council in the 1987-88 Capital Improvement Program. Mrs. Benjamin seconded. Carried unanimously. WIDENING OF SOUTH SIDE KENNEDY AT LOS GATOS BOULEVARD Mr. Carlson moved to continue this item to the November 3, 1986 Council meeting. Mrs. Benjamin seconded. Carried unanimously. 1986 SUMMIT MARATHON The Los Gatos Athletic Association, Runner's Factory and the Los Gatos High School Tract Team requested permission to conduct their Sixth Annual Summit Marathon on Sunday, November 16th starting at 7:00 a.m. Mr. Carlson moved to approve the request to hold the 6th Annual Summit Marathon on November 16, 1986, subject to the receipt of insurance for the event in the amount of $1 million naming the Town as additionally insured; and provide the Town with a Hold Harmless agreement. Mrs. Benjamin seconded. Carried unanimously. PROJECT 314 LARK AVENUE IMP. Mr. Carlson moved to authorize a supplemental appropriation of $31,430.43 for Project 314, Lark Avenue Improvements and use Gas Tax funds as source of funding. Mrs. Benjamin seconded. Carried unanimously. ANNUAL REPORT FINANCIAL TRANSACTIONS Council informational report. Note and file. REQUEST FOR RETIREMENT FUNDS DAN BARKER Mr. Carlson moved the Council, acting as the Town Retirement Board, approve Dan Barker's request for withdrawal of funds from the Town Retirement Plan. Mrs. Benjamin seconded. Carried unanimously. 155 COLLEGE AVENUE (ANDERSON) 4-LOT SUBDIVISION Removed from agenda by staff. PROPOSITION 64 Mr. Carlson moved for adoption of Resolution No. 1986-159 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING THE PROPOSED LA ROUCHE INITIATIVE. Mrs. Benjamin seconded. Carried unanimously. CAPRI DRIVE & W. PARR AVENUE Mr. Carlson moved for adoption of Resolution No. 1986-160 entitled, PARKING PROHIBITION CAPRI DRIVE AND WEST PARR AVENUE. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura and Mayor Daily voted no. 800 FOSTER ROAD (BARTLETT) Mr. Carlson moved for adoption of Resolution No. 1986-161 entitled, A RESOLUTION OF INTENTION TO VACATE A 30 FOOT WIDE STRIP OF LAND LOCATED AT 800 FOSTER ROAD (BARTLETT) APN: 537-03-043 FOR STREET PURPOSES. Mrs. Benjamin seconded. Carried unanimously. MINUTES SEPTEMBER 8, 1986 The following corrections were made to the September 8, 1986 minutes. Page 3, Subject - Funding to Art Docents. Last sentence to read, "Mr. Ferrito abstained due to being a member of the Board of Directors". Page 3, paragraph 4, last sentence to read, "Mr. Carlson abstained because he is a Board member of this organization". Page 3, paragraph 6, should relate to Live Oak Day Care Service not Catholic Social Services. Mr. Carlson moved for the adoption of the September 8, 1986 minutes as corrected. Mrs. Benjamin seconded. Carried unanimously. MINUTES SEPTEMBER 15, 1986 Add correction to Page 7, Subject - Guadalupe Rubbish Company Appeal, to red" 7) Dedication of 1/2 acre of land to the park for open space". Page 8, Subject - Downtown Parking Assessment District, third line from bottom of paragraph add, "Mr. Ferrito abstained for reasons as set forth in prior hearings". Mr. Ferrito moved for the approval of the September 15, 1986 minutes as corrected. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Carlson abstained due to absence from the meeting. WRITTEN COMMUNICATIONS (for action) a.Mrs. Benjamin moved to approve the closure of New York Avenue on Saturday, October 25, 1986, between 8:00 a.m. and 1:00 p.m. for the Annual Youth Park Day. Mr. Carlson seconded. Carried unanimously. Applicant to sign a Hold Harmless Agreement and have in force a $1 million liability insurance policy naming the Town as co-insured. b.Letter from Columbia Pictures Television requesting the use of Town streets in various locations for filming of scenes for the Television series "Starman". Mr. Carlson moved to approve the request for traffic diversion and parking assistance on October 8th through the 11th, 1986, subject to the following: 1)no roadway will be closed for a period of time exceeding ten minutes consecutively; 2) meet all requirements of the Los Gatos High School District for the use of Los Gatos High School; 3) provide insurance in amount of $1 million naming the Town as additionally insured and provide a Hold Harmless Agreement; 4) two off-duty police officers required for crowd and traffic control during hours of filming. All costs for Officers to be reimbursed by applicant; 5) Applicant to meet all requirements of the Parks, Forestry & Maintenance Department for use of Town Plaza and Bachman Park; 6) Applicant will pay Business License Tax for each actor and member of crew who will be present in Los Gatos for the filming; and 7) Pay $5,000.00 deposit to cover any damages of any Town property. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. He is against any interruption that delays traffic on local streets. Mr. Ventura moved staff present a complete follow up report on any disruption caused by this filming. Mr. Ferrito seconded with amendment that staff come back with proposed policy regarding these events including but not limited to a fee requirement for this type of activity. Also check to see what other cities do. Mr. Ventura accepted the amendment. Motion carried unanimously. SEPTEMBER 26, 1986 PAYROLL & RELATED WARRANTS Mr. Carlson moved for the approval of the September 26, 1986 payroll in the amount of $151,970.63 and related warrants in the amount of $161,101.97. Mrs. Benjamin seconded. Carried unanimously. SEPTEMBER 1986 WARRANT NO. 25246 Mayor Daily moved for approval of warrant number 25246 from the September, 1986 Warrants. Mr. Ferrito seconded. Carried unanimously. TREASURER'S REPORT AUGUST 1986 Mayor Daily acknowledged the filing of the August, 1986 Treasurer's Report. THE TERRACES Mayor Daily stated this was the time and place duly noted for public hearing to consider a Zone change Application Z-85-2 from R-M:5-20 to R-M:5-20-PD to permit the operation of a continuing care retirement community. (American Baptist Homes of the West, location of Blossom Hill Road and Cherry Blossom Lane -- The Terraces). Speaking on the issue was Ralph Belknap representing the American Baptist Homes of the West. He stated the traffic study requested by the Council had been completed and plans have been revised with units being reduced from a total of 185 to 175 and request that Council reduce the number of BMP Units required from 35 units to 25 units. Mr. Belknap answered questions of Council. Jim Dixon, 119 Cherry Blossom Lane, spoke in favor of the project but, is concerned with traffic it will generate. He presented a petition signed by 49 residents in the area regarding traffic problems this project may cause. Mr. Dixon stated he would be willing to work with staff regarding traffic problems. Steve Jepsen, representing DKS Associates, answered questions of Council regarding peak traffic volume. Dave Roach, resident on Cherry Blossom Lane, stated he would also work with staff towards a solution to eliminate traffic problems in his area. Lucia Callis, 14640 Golf Links Drive, spoke in favor of the project and stated The Terraces have nothing to do with the traffic problem. Darryl Mackie, 15968 Cherry Blossom Lane, spoke in support of project and of his concerns on traffic problem. He feels there is a need for further traffic study and the one that has been done does not address speeding on Cherry Blossom Lane. John Bouquet spoke on the need for The Terraces. Jim Lewis, 156 Vista del Monte, spoke on concerns of the exclusion of senior citizens who can not walk and not being allowed to participate in this project. The Terraces should include handicap accessibility the same as was required of Villa Vasona. He referred to the proposed ordinance and suggested the following changes. Page 3, Section 6, delete proposed a, b and c. Substitute them to read as follows: a) All independent and personal care units shall meet the handicap adaptability accessibility requirements contained in Title 24 applicable to apartments; b) At least 5% of the independent living units and 10% of the personal care units each shall meet the full accessibility requirements contained in Title 24; and, c) All nursing care units shall have full accessible bathrooms in accordance with Title 24 requirement regulations. Dr. Floyd Chamberlin favors the project but concerned on dangerous situation of traffic crossing at Blossom Hill Road and Camellia Terrace and requested a signal light at said location. Mr. Ferrito requested that staff study the extension of the median strip at said location and report back on what the impact would be. Dr. Thomas Leo, resident of Magneson Terrace, spoke in favor of The Terraces and feels it is a worthy project for the area. No one else wished to speak on this issue. Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. It was noted by Mayor Daily that changes to the Ordinance as proposed by Mr. Lewis were accepted by Council. In answering questions of Council Mr. Belknap stated the project is 100% handicap accessible. Mike Kelly, Architect of the project, stated The Terraces would be handicap accessible as noted in Title 24, and he agrees with Mr. Lewis' statements regarding handicap accessibility. Discussion was held as to cost of range of the independent living units. Mr. Belknap stated costs depend on a number of factors and the cost goes up if they cut down on the number of units approved. He also stated he will agree to the "a, b and c" of section 6 as stated by Mr. Lewis and would also agree to change in wording on number 7. After further discussion, Mrs. Benjamin moved to certify that the EIR was presented to the Town Council and that the Council reviewed and considered the information contained in the EIR, prior to taking action on the project. Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Daily voting no. He doesn't think the EIR has satisfactorily considered the impact of the traffic on Cherry Blossom Lane north of Blossom Hill Road. Mrs. Benjamin moved that all environmental impacts have been mitigated except traffic and therefore would like to add a new performance standard #25 to read, "The Town will pay to undertake a study to determine the impact of reconfiguration of the Blossom Hill Road - Cherry Blossom Lane intersection and this study would include traffic on Cherry Blossom Lane north of Blossom Hill Road to Los Gatos-Almaden Road. Study will: a) include the possibility of a cul- de-sac on Cherry Blossom Lane and other means of diverting through traffic from the neighborhood; b) examine the impact that the proposed solution on Cherry Blossom would have on other streets in the neighborhood; c) determine the amount of through traffic contributed by the Terraces project. The Terraces will pay a portion of the cost of the recommended improvements based on their share of the through traffic. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to delete number 6 and add the language as proposed by Mr. Lewis as listed above and amend number 7 to read, "All of the common ares and buildings, common buildings, in the project be accessible to wheelchair users (ramps, thresholds, etc.)". Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved that Council finds the zone change request is consistent with the General Plan. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily voted no. Mr. Ferrito moved to make statements of overriding consideration concerning the traffic impact not mitigated and finds that those impacts are acceptable pursuant to Section 10593A of CEQUA in that the use to which this property would be put to is the highest and best use and is consistent with long term goals of the Town. Specifically the provisions of Senior Housing. Mrs. Benjamin seconded and added that the Town must balance the impact of the project versus the benefits of the community. The location would encourage much less traffic, readily accessible for shopping and many other services which would not necessitate vehicular activity. Carried by a vote of four ayes. Mayor Daily voted no due to traffic problems not being mitigated. The project benefits the senior citizens but endangers the lives of the young people. Mr. Carlson moved to add number 26 to the Performance Standard to read, "Town to consider conditional changes such as the direction of the internal traffic flow of the project and the enter and exit directions allowed from the project". Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Daily voted no. He feels there should be ingress only to The Terraces from Blossom Hill Road and no further egress to endanger the school children. Discussion was held on mitigating traffic study regarding Blossom Hill - Cherry Blossom Lane intersection and Cherry Blossom neighborhood. Mr. Ventura moved to add a condition to performance standard #25 to state, "prior issuance of Certificate of Occupancy, improvements recommended by traffic, study be in place or applicant give the Town an 'in lieu bond' guaranteeing the improvements". Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Daily voted no. Mr. Bowman Planning Director, spoke on the problem of enforcing the above motion. Further discussion was held whereby Mrs. Benjamin moved for reconsideration of the motion. Mr. Carlson seconded. Carried unanimously. Consensus of Council motion reconsidered and withdrawn. Mr. Ventura moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.____ FROM RM:5-20 TO RM:5-20-PD. Mrs. Benjamin seconded. Carried unanimously. Town Clerk red title. Mr. Ventura moved Ordinance be introduced as amended tonight. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily voted no for reasons given above. RECESS Mayor Daily declared a recess. Meeting reconvened at 11:30 p.m. APPEAL TREE REMOVAL 101 GLENRIDGE AVE. Mayor Daily stated this was the time and place duly noted for public hearing to consider an appeal of Condition of Approval of a tree removal with condition that property owner pay the civil penalty of $2,321.09 and replace the tree as approved by the Director of Parks, Forestry and Maintenance Services. Mr. Stanger, property owner of 101 Glenridge Avenue, spoke on the issue stating he had received permission from the Planning Department to remove the tree but, because he had it trimmed prior to the Planning Commission hearing he is being penalized and would like the penalty waived. He explained the tree had been trimmed with a licensed tree trimmer. There was further discussion and Mr. Stanger answered questions of Council. Mrs. Benjamin moved that Planning Commission erred as Mr. Stanger had already applied for a permit to have the tree removed and through circumstantial evidences the tree was pruned beyond what he thought would be done and the tree is still living. Mr. Carlson seconded. Mr. Ferrito, Mr.Ventura and Mayor Daily voted no. Motion failed. Mr. Ferrito moved to continue this matter for three months (January 7, 1987) to allow the commencement of enforcement action against Mel & Al's Tree Service. Staff to furnish Council with a report at the meeting before this is on the agenda telling Council what action has been taken. Mr. Ventura seconded. Carried unanimously. CONTINUATION OF MEETING Mr. Ventura moved to continue the meeting past midnight. Mr. Carlson seconded. Carried unanimously. APPEAL 6 N. SANTA CRUZ AVE. Mayor Daily stated this was the time and place duly noted for public hearing to consider appeal of Town of Los Gatos Building Official's decision concerning Handicapped Access Requirement for the proposed remodeling of a retail store located at 6 N. Santa Cruz Avenue. Bill Schwimer, owner of the retail store, stated the handicap access requirement is an unreasonable hardship. Discussion was held on possibility of other alternatives for making the store handicap accessible. Mr. Lewis to give some suggestions. Mr. Carlson moved to continue this item to December 1, 1986. Mr. Ferrito seconded. Carried by a vote of four votes. Mr. Ventura was out of the room. VACATE - SANITARY SEWER EASEMENT 45 W. MAIN STREET Mayor Daily stated this was the time and place duly noted for public hearing to consider the vacation of a Sanitary Sewer Easement and portion of General Service Easement at 45 W. Main Street. Brad Honholt, Engineer for project, state he was present to answer any questions. No one else 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. Ventura was absent. Mrs. Benjamin moved for adoption of Resolution No. 1986-162 entitled, ORDER VACATING A SANITARY SEWER EASEMENT AND A PORTION OF A GENERAL SERVICES EASEMENT ACROSS PROPERTY LOCATED AT 45 WEST MAIN STREET (APN 529-10-026). Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. REVISIONS OF FEE SCHEDULE Mayor Daily stated this was the time and place duly noted for public hearing to consider the revisions to the fee schedule for zoning, California Environmental Quality Act and Subdivision proceedings. No one 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. Mr. Ventura was absent. Mrs. Benjamin moved for the adoption of Resolution No. 1986-163 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION NO. 1985-86 AND SETTING A FEE SCHEDULE FOR ZONING. CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mayor Daily seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mrs. Benjamin moved for the adoption of Resolution No. 1986-164 entitled, A RESOLUTION REPEALING RESOLUTION NO. 1981-214 AND ESTABLISHING A SCHEDULE OF FEES FOR THE COPYING O RECORDS. Mayor Daily seconded. Carried by a vote of four ayes. Mr. Ventura was absent APPEAL 16500 MOZART AVE. Mayor Daily stated this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of Subdivision Application M- 85-14 requesting approval of a tentative subdivision map to divide an approximately five acre parcel into 20 lots on property in the R-1:8,000 Zone. Property located at 16500 Mozart Avenue (YMCA of Santa Clara Valley). It was noted a letter had been received from the applicant requesting a continuance to November 3, 1986. Mr. Carlson moved to continue this public hearing to the November 3, 1986, Council meeting. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. APPEAL 706 MORE AVENUE Mayor Daily stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of request for Variance (application V-86-2) for reduction of a side yard setback in the R-1:20 Zone. Property located at 706 More Avenue. It was noted a letter had been received from Roger Maino, representing the applicant and requesting continuance. Mrs. Benjamin moved to continue this public hearing to the November 17, 1986 Council meeting. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Ventura returned to the Council Chambers. GUADALUPE COLLEGE 17975 FOSTER ROAD Mr. Keith Pritchard, spoke on issues regarding the building being earthquake proof and the issue of insurance required. It was consensus of Council if some of the conditions cannot be met, the applicant can come back to Council. Mr. Bowman, Planning Director, stated it would be necessary to have this reheard if changes are made. It was consensus of Council that nothing is precluded at this time. Mr. Ventura questioned if there would be any parking. John Steward stated the plans included a 60 space parking lot on the Jesuit property. After further discussion, Mr. Ferrito moved for adoption of Resolution No. 1986-165 entitled, RESOLUTION GRANTING APPEAL OF THE PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT TO OPERATE A PRIVATE SCHOOL (UNIVERSITY LEVEL) WITHIN EXISTING SCHOOL FACILITIES (GUADALUPE COLLEGE) IN THE HR-5 (PRE-ZONED) ZONE. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson abstained due to his not being present at the public hearing. Mr. Ventura stated he wished the minutes to reflect that he feels there is no need for a 24 foot road. They can get along with an 18 foot road that would minimize grading. Joan Brazell, Montevina Road, stated that on behalf of Lexington residents and Safe on 17, their intent to appeal the Conditional Use Permit and go on record, until Condition #3 has been clarified and answered by Caltrans and the Town of Los Gatos, that no action or sales take place until this major mitigation has been addressed. ORDINANCE FRONT YARD & REQUIRED SIDE YARD SETBACK IN C-2 ZONE Mr. Ventura moved to make the finding that the Ordinance amendment is necessary to protect the public safety, health and welfare. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved to waive the reading of URGENCY INTERIM ZONING ORDINANCE AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND THE REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Mrs. Benjamin seconded. Carried unanimously. Clerk red title. Mr. Ventura moved for the introduction and adoption of Ordinance No. 1690 entitled, URGENCY INTERIM ZONING ORDINANCE AMENDING THE LOS GATOS ZONING ORDINANCE REGARDING THE REQUIRED FRONT YARD AND THE REQUIRED SIDE YARD ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Mr. Carlson seconded. Carried unanimously. Council directed Clerk to set a public hearing for November 17, 1986, to extend the Ordinance for the full two years period. SAN JOSE POETRY CENTER REQUEST FOR FUNDS Mr. Ferrito stated it had been stated that San Jose Poetry Center had not been interested enough to appear at the hearing for distribution of monies for organizations but, that was not the fact and he feels there was just a lack of communication. Therefore, he would move to grant the request of San Jose Poetry Center for funds in the amount of $1,025.00. Mrs. Benjamin seconded. Mr. Carlson, Mr. Ventura and Mayor Daily voted no. Motion failed. Mr. Soldofsky, representing the Poetry Center, spoke on lack of participation t the regular hearing because their office had moved and he did not receive the notice of hearing until after the hearing. Mr. Ventura moved Town grant this requested funds by making a loan from next years Revenue Sharing Funds. Motion died for lack of second. It was noted that the Town will not be receiving any more Revenue Sharing Funds. Request for said funds was denied. URGENCY ORDINANCE HAZARDOUS MATERIALS Mrs. Benjamin moved to make the findings that the adoption of this ordinance is hereby necessary for the immediate preservation of public peace, health, and safety of the citizens of the Town. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to waive the reading of URGENCY ORDINANCE AMENDING CHAPTER 35 OF THE TOWN CODE RELATING TO EMERGENCY RESPONSE PLANS TO RELEASE OR THREATEN RELEASE OF A HAZARDOUS MATERIAL. Mr. Ferrito seconded. Carried unanimously. Clerk read title. Mrs. Benjamin moved for introduction and adoption of Ordinance No. 1691 entitled, URGENCY ORDINANCE AMENDING CHAPTER 35 OF THE TOWN CODE RELATING TO EMERGENCY RESPONSE PLANS TO A RELEASE OR THREATENED RELEASE OF A HAZARDOUS MATERIAL. Mr. Ferrito seconded. Carried unanimously. TRAFFIC AUTHORITY FINANCING PLAN Will Kempton of the Traffic Authority gave an oral report regarding the Traffic Authority's financial planning regarding Route 85. SENIOR COORDINATING COUNCIL BOARD MEMBER Council considered an appointment of a Council member to the Senior Coordinating Council Board. Mrs. Benjamin moved Mr. Ferrito be appointed to the Senior Coordinating Council Board. Mr. Carlson seconded. Carried unanimously. OPEN SPACE TRUST REPRESENTATIVE The Town Manager referred to request for Council representation at the Open Space Trust at Alma College on October 23, 1986, at 9:00 a.m. Mr. Ventura was appointed to represent Council at said meeting. LEXINGTON RESERVOIR MASTER PLAN Mr. Ventura moved to oppose said plan and direct staff to send a specific letter of the Town's opposition to the Board of Supervisors. Also notify neighbors of the proposed project. Mr. Carlson seconded. Carried unanimously. CLAIMS SETTLEMENT G. HILL & ABAG Mr. Ferrito moved this item be continued to the November 3, 1986, meeting. Mr. Carlson seconded. Carried unanimously. ADJOURNMENT Mayor Daily declared the meeting adjourned at 1:45 a.m., tuesday, October 7, 1986. ATTEST: Rose E. Aldag Town Clerk