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M 06-01-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 1, 1987 TOWN COUNCIL The Town Council/Parking Authority met 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, Robert L. Hamilton and Mayor Brent N.Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENT TO MUSEUM COMMISSION Mayor Ventura stated interviews for vacancy on the Los Gatos Museum Commission had been scheduled for tonight, but due to illness of the one applicant for this position, interviews will be rescheduled and Clerk authorized to readvertise for the other vacancy on said Commission. CLOSED SESSION REPORT Town Attorney Levinger, reported that closed session was held prior to tonights' Council meeting and pursuant to Government Code Section 54956.9(a) discussion was held on Trusso v Town of Los Gatos - Superior Court Case No. 626041. There is nothing to report from said discussion. Pursuant to Government Code Section 54956.9(c) regarding Institution of Litigation on Zoning violation at 35 Mariposa Avenue. This matter has now been settled and details will be announced when it is confirmed with the violators. Other matter under same Code section was matter of contract for HVAC System and there is no report from that discussion. Labor Relations were not discussed but will be discussed at a Closed Session following tonights' Council meeting. PRESENTATION Mayor Ventura presented key to the Town plus a commendation to Sean Sullivan of, Boy Scout Troop 330, for his achievement of becoming an Eagle Scout. BID AWARD- TENNIS COURT RESURFACING It was noted two bids were received for the proposed resurfacing project. Bidders were Malott & Peterson-Grundy in the amount of $14,400.00 and Cal Clay Corporation in the amount of $14,980.00. Mr. Carlson moved to accept staff recommendation and award bid to Malott & Peterson - Grundy in the amount of $14,400.00. Mrs. Benjamin seconded. Carried unanimously. EMERGENCY GENERATOR - BID AWARD It was noted three bids were received ranging from low bid of $15,960.12 to high bid of $18,586.97. Robert Bryant, Director of Parks, Forestry and Maintenance, spoke on the bids stating the two lowest bids, both had exceptions to their bids and the only bidder to meet the specifications was Peterson Power System. Mr. Bryant answered questions of Council as to the recommendations. After further discussion Mrs. Benjamin moved to award bid to Peterson Power System in the amount $18,538.97. Mr. Ferrito seconded. Carried unanimously. COMMUNICATIONS a. Letter from Jerry Bannan regarding traffic on Massol Avenue. Mrs. Benjamin moved to refer this to Town Manager for response. Mr. Carlson seconded. Carried unanimously. b. Letter from Los Gatos Garden Inn regarding Parking assessment District. Mrs. Benjamin moved to refer this letter to Town Manager for response. Mr. Carlson seconded. Carried unanimously. PUBLIC HEARING SCHEDULE Information report for Council on public hearings that are currently scheduled for future meetings. CALENDAR OF JUNE MEETINGS Informational report for Council on various meetings that are scheduled for the month of June, 1987. PAYROLL OF MAY 22, 1987 AND MAY 29, 1987 POLICE HOLIDAY PAY Mrs. Benjamin moved for approval of May 22, 1987 payroll in the amount of $142,381.15, payroll related warrants in the amount of $228,660.73; approval of Special Police Holiday payroll of May 29, 1987 in the amount of $16,582.56 and payroll related warrants in the amount of $5,103.68; and approval of Town quarterly contribution to KCAT in the amount of $7,252.00. Mr. Carlson seconded. Carried unanimously. PLANNING MONTHLY REPORT Information report for Council on Planning Department/Planning Commission for MAY, 1987. WALK/RUN EVENT "KIDS ARE SPECIAL" Mrs. Benjamin moved to accept staff recommendation and approve the Walk/Run Event sponsored by "Kids Are Special" with conditions outlined by staff as follows: 1. Sponsor to coordinate event with the Los Gatos Parks Dept. by 7/1/87. 2. Standard insurance clause, naming the Town as additionally insured in the amount of one million dollars. 3. Hold Harmless Agreement, and 4. Cleanliness of areas being used will be the responsibility of the applicant. Mr. Carlson seconded. Carried unanimously. COMPLAINT OF TRASH BINS AT 31 E. MAIN Information report for Council. Planning Director explained to Council this is a private matter between property owners. BRIDGE INSPECTION REPORT Informational report for Council re biennial inspection of bridges by CalTrans. SHANNON ROAD PEDESTRIAN/BICYCLE IMPROVEMENTS Informational report from Council concerning the status of Shannon Road Pedestrian/Bicycle Improvements between Los Gatos Boulevard and Short Road. LIBRARY HOURS 4TH OF JULY WEEKEND Recommendation by staff that the Library be open Friday July 3rd and closed Saturday, July 4th and Sunday, July 5th. Mrs. Benjamin moved to approve staff recommendation and Library be open Friday, July 3rd and closed Saturday, July 4th and Sunday, July 5th, 1987. Mr. Carlson seconded. Carried unanimously. CONTRACTS FOR EIR CONSULTANTS SERVICES Mrs. Benjamin moved for adoption of resolution No. 1987-63 entitled, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT). This allows the Town to enter into contracts for Initial Studies with Mindigo & Associates ; Environmental Science Associates, Inc.; Larry Seeman Associates and Earth Metrics, Inc.. The Mayor is authorized to execute said contracts. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito questioned when this list was expanded last. Mr. Bowman, Planning Director stated previously this was done every four years. On suggestion of Mr. Ferrito this will be reviewed in 1988. TRAFFIC DIVERSION FOR HIGH SCHOOL GRADUATION Mrs. Benjamin moved for approval of the Los Gatos High School request to divert traffic from East Main Street on June 19, 1987 during the graduation ceremony. Mr. Carlson seconded. Carried unanimously. CLOSURE OF MULLEN AVENUE FOR FIESTA DE ARTES Mrs. Benjamin moved to approve the Los Gatos Jaycee's request to close a portion of Mullen Avenue between University and Edelen Avenues in conjunction with the annual Fiesta de Artes at Old Town from 7:00 a.m. to 5:00 p.m. on August 22-23, 1987, with the following conditions: 1. Representatives of the Jaycees' meet with the Public Works and Police Departments prior to July 31 to coordinate the event. 2. Applicant will ensure Mullen Avenue is clean at the end of each day's event. 3. Roadway will be opened both dates at 5:00 p.m. promptly. 4. Applicant to pay $25.00 for costs of delivery and return of street barricades. 5. Applicant will sign Hold Harmless Agreement and provide the Town with a minimum of one million dollars in liability insurance naming the Town as co- insured. 6. applicant will ensure that no alcoholic beverages are consumed on Mullen Avenue or any other surrounding public roadways and sidewalks during the event. Mr. Carlson seconded. Carried unanimously. ZONING ORDINANCE re LODGES, CLUBS, & FRATERNAL ORG. Mrs. Benjamin moved for adoption of Ordinance No. 1725 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT A CLUB, LODGE, HALL OR FRATERNAL ORGANIZATION AS AN ACTIVITY IN THE CM ZONE UPON THE ISSUANCE OF A CONDITIONAL USE PERMIT. Mr. Carlson seconded. Carried unanimously. ZONING ORDINANCE AMENDMENTS RE BARNS & SHELTERS Mrs. Benjamin moved for adoption of Ordinance No.1726 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO HORSE BARNS AND SHELTERS. Mr. Carlson seconded. Carried unanimously. REZONING OF PUBLIC RT-O-WY EL MONTE HILL Mrs. Benjamin moved for adoption of Ordinance No. 1727 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP 139 FROM R-1:8000 and R-1D to C-1 FOR THE AREA OF LAND WITHIN THE PUBLIC RIGHT-OF-WAY OF LOS GATOS BOULEVARD (El Monte Hill area). Mr. Carlson seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained. AMENDMENT OF TOWN CODE SECTION 2-14 Mrs Benjamin moved for adoption of Ordinance No. 1728 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2-14 OF THE TOWN CODE RELATING TO REIMBURSEMENT OF TOWN MANAGER EXPENSES. Mr. Carlson seconded. Carried unanimously. RELEASE OF DEFERRED IMPRVMT AGREEMENT TRACT 7979 Mrs. Benjamin moved for adoption of Resolution No. 1987-64 entitled, AUTHORIZING RELEASE OF "AGREEMENT FOR CONSTRUCTION OF DEFERRED LAND DEVELOPMENT IMPROVEMENTS - MOZART AVENUE - FILE #9P67.1" - 16500 MOZART AVENUE (TRACT 7979). Clerk be instructed to record said resolution. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton abstained. REVISION OF ARTS COMMISSION MEMBERSHIP Mrs. Benjamin moved for the adoption of Resolution No. 1987-65 entitled, A RESOLUTION REVISING THE TOWN OF LOS GATOS ARTS COMMISSION ENABLING RESOLUTION NO. 1986-80. This changes the number of members of the Commission from seven to nine and increases the number of members constitution a quorum from four to five. Mr. Carlson seconded. Carried unanimously. APPEAL - LEROY NEIDER - 16275 LOS GATOS BLVD. Mrs. Benjamin moved for adoption of Resolution No. 1987-66 entitled, RESOLUTION REMANDING TO THE PLANNING COMMISSION DECISION OF PLANNING COMMISSION DENYING ARCHITECTURE AND SITE APPROVAL TO DEMOLISH BURNED-OUT RESTAURANT BUILDING, CONSTRUCT NEW 2-STORY OFFICE BUILDING AND COMBINE THE PROPERTY WITH ADJACENT PROPERTY ON LOS GATOS BOULEVARD IN THE C-1 ZONE. Mr. Carlson seconded. Carried by vote of four ayes. Mayor Ventura voting no. APPEAL- MIMI'S ROOFTOP CAFE - 50 UNIV. AVE. Mrs. Benjamin moved for adoption of Resolution No. 1987-67 entitled, RESOLUTION GRANTING APPEAL WITH CONDITIONS FROM DECISION OF BUILDING OFFICIAL. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Ferrito and Mayor Ventura voting no. VERBAL COMMUNICATIONS Mr. Kermit Enander, 714 Bicknell Road spoke on the need to have Smith Creek in his area cleaned. In 1984 he had made this same request and was informed from the Engineer's office that something would be done about this in 1985. It is now 1987 and nothing has been done to alleviate the problem of cleaning the Creek so there will be no flooding. After further discussion it was consensus of Council to direct staff to investigate and report back to Council at the next meeting. ACREAGE REVERSION 155 COLLEGE AVE. Mayor Ventura stated this was the time and place duly published for public hearing to consider the Planning Commission's recommendation to revert an existing four lot subdivision of 1.121. acres back to acreage and eliminate all interior property lines on property in the R-1:8000 zone (155 College Avenue - owner, Jon Anderson). Mr. Bowman answered questions of Council. Mayor Ventura stated Council has received from the owner, Jon Anderson, a letter requesting continuance of this hearing to July 6, 1987. There being no one in the audience wishing to speak on this issue, MJr. Carlson moved to continue the hearing until July 6, 1987. Mr. Hamilton seconded. Carried unanimously. APPEAL - LONG'S DRUG STORE 15698 LOS GATOS BOULEVARD Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Planning commission's denial of request for permission to operate a super drugstore within the existing Nob Hill Shopping Center and to make exterior modifications to the existing center on property in the C-2 zone. Property owner - Steve Musich. Business owner - Long's Drug Store, California Inc. Property located at 15698 Los Gatos Boulevard. Mayor Ventura stated Council has received letter requesting continuance on this item to June 15, 1986. After some discussion and there being no one in the audience wishing to speak on this issue. Mr. Nedom, of Azalea Way speaking on behalf of LeAnn Daily, who could not be present tonight, stated they were requesting continuance to first meeting in July. Mrs. Benjamin stated due to full agenda for June 15, 1987 and the request of Mrs. Daily and Mr. Nedom,that this be continued to July 6, 1987 meeting. Mr. Ferrito seconded. Carried unanimously. Mr. Hamilton asked for a full description of Super Drugstore, from Planning, before the July 6th meeting. BICKNELL ROAD TRAFFIC CONTROL Mayor Ventura stated this was the time and place duly published for public hearing concerning speeding and the installation of traffic control devices on Bicknell Road. Mayor Ventura referred to letters/petitions received from people living in the area and in favor of parking restriction on Bicknell Road and asked that their names be read into the record. Those names are as follows: Ralph & Karen Cognac, 109 Chippendale Ct.; Diana Pozas, 818 Bicknell Road; Jay & Junko Bhatt, 902 Bicknell Rd.; Andrea Grammer, 266 Montclair Rd.; David & Lillian Dennehy, 106 Hepplewhite Court; Paula Rubin & Glen Riley, 918 Bicknell Rd.; Mr. & Mrs. Jack D. Cross, 898 Bicknell Road; Sam & Loraine Zullo, 806 Bicknell Road; Mr. & Mrs Steve Casaccia, 926 Bicknell Road; David R. Forster, 906 Bicknell Road; Kenneth & Margaret R. Peake, 18170 Bicknell Road, Monte Sereno; James & Patricia Hope, 18190 Bicknell Road, Monte Sereno; and Mr. & Mrs. Stephen Bibby, 18450 Bicknell Road, Monte Sereno. Chief Of Police F. Acosta answered questions of Council as to enforcement of traffic in the area. Other persons from the audience speaking were Ron Caselli, 742 Bicknell Road, stating he was opposed to addition stop signs of speed bumps and feels their is no need for extra patrol as he has observed police patrolling regularly. He feels this is a very secure neighborhood. Mr. Caselli presented petitions, stating their were signatures of approximately 60 people who are opposed to any road bumps, stop signs or street closures on Bicknell Road. (Count of signatures was 38). Mr. Terry Green, 135 Vineyard Court, opposing any traffic control; Mr. Donohue, spoke in favor of some speed control; Sam Zullo spoke for need of more stop signs. Diane Pleasant, suggested painting 25 mile per hour signs on the road way and placement of 25 MPH signs where they can clearly be seen. There being no one else from the audience wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to direct staff to come back with a report as to where they would recommend the installation of more visible 25 MPH along the roadside and also a painted 25 MPH sign painted on the roadway itself and would expect that report to include Monte Sereno's cooperation or a statement that they won't cooperate and what we the Town would no in our own jurisdiction. Mr. Hamilton seconded with the inclusion that all site distances be checked. Mr. Ferrito stated that would be included. Motion carried unanimously. GENERAL PLAN AMENDMENT GP-86-4 Mayor Ventura stated this was the time and place duly published for public hearing to consider Planning Commission recommendation on General Plan Amendment GP-86-4, an amendment to the General Plan Land Use Designation for properties on East side of Winchester Boulevard from Bruce Avenue to Pleasant View, from low and Medium Density Residential to Office Professional. Jim Zanardi, 140 Longmeadow Drive, stated he owns property in the area as described above and feels office zoning is correct for that area and supports office or Professional zoning. Others speaking in favor of professional zoning and not residential were Martin Dermer, Gary Moore and Roger Donnelly. There being no one else from the audience wishing to speak on this issue, Mrs. Benjamin moved to closed the public hearing. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to make the Negative Declaration. Mr. Carlson seconded. Carried unanimously. Mrs.Benjamin moved to make the finding that the General Plan Amendment GP-86-4 is internally consistent with the General Plan. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ventura voting no. Mr. Ventura suggest service Commercial for the area as he does not feel residential zone is proper. After further discussion and Mr. Bowman answering questions of Council re parking requirements for various zones, Mr. Carlson moved to direct staff to refer to Planning Commission for an amendment to the zoning ordinance so that residences would be allowed in conjunction with Office use in an Office zone. This to be a low priority. Mr. Hamilton seconded. Carried unanimously. STANDARDS RE BUILDING PERMIT APPLICATION ON BOONE LANE Mayor Ventura stated this was the time and place duly published for public hearing to consider Planning commission's recommendation on the request for approval of standards to be used in the review of Building Permit applications for the building facades which face proposed Parking Lot 4. There was no one from the audience wishing to speak on this issue. Mr. Carlson moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to approve Architecture and Site Application S-87-1. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no. Mr. Carlson moved for the adoption of Resolution No. 1987-68 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING DESIGN STANDARDS FOR BUILDINGS FACING PARKING LOT 4 BETWEEN ELM STREET AND GRAYS LANE. Mrs. Benjamin seconded. Carried unanimously. MAY 11, 1987 MINUTES Mr. Ferrito suggested correction on pg 1, Subject - DOWNTOWN PARKING ASSESSMENT DIST.- have record reflect after Mayor Ventura's opening statement that Mr. Ferrito and Mr. Hamilton stepped down from their chairs and abstained from voting on this issue due to possible conflict of interest. Mr. Carlson moved for approval of May 11, 1987 minutes as corrected. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. MINUTES OF MAY 18, 1987 Corrections were made to minutes of May 18, 1987 as follows: Pg. 4 line 9 to read".. area is and that is where I would like to be when it is not nice..". Mr. Ventura suggested adding the following in answer to Mr. Hamilton comments of pursuing the access through the kitchen. ADD- "Staff responded that this would create a problem with the health department." Pg. 6 - Subject _ Appeal at 16275 Los Gatos Blvd. - 6th line from the bottom to read "Council believes that office use is correct for that area but with" and add after the last line on the same subject "Mayor Ventura requested the property owners do something about the nuisance on the property." Page 6 - subject Downtown Parking - last line changed to read "Motion but to do so would stop the entire district." Page 7 - subject zone change Z-87-3. to also note that Mr. Hamilton and Mr. Ferrito stepped down from their chairs and abstained from voting. Mr. Carlson moved for approval of minutes of May 18, 1987 as corrected. Mrs. Benjamin seconded. Carried unanimously. MINUTES OF MAY 19, 1987 Corrections were made to May 19 minutes as follows: Pg. 1 - subject - Shannon Road Improvements - add to second sentence from the bottom of that subject - "Mr. Hamilton seconded. Carried unanimously". Page 3.- subject - legal publications. to read -"Mr. Ferrito requested Town Clerk keep Council..." Pg 5 - re KCAT funds - Have the last sentence to read " request and ask the Board of Directors to bring back a proposal including a budget." Pg 6. - re EXT. OF SEWER LINE. - Mayor wished it stated " Mayor stated the reason for not giving a report on this was due to lateness of the hour." Pg 6 add - ADJOURNMENT. Mayor declared the meeting adjourned at 11:30 p.m. Mr. Carlson moved for approval of minutes as corrected. Mr. Hamilton seconded. Carried unanimously. GENERAL PLAN AMENDMENT GP-87-6 Mr.Carlson moved for adoption of RESOLUTION NO. 1987-69 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE OWN OF LOS GATOS CONCERNING AN AMENDMENT TO THE LAND USE PLAN OF THE GENERAL PLAN. Mrs. Benjamin seconded. Mayor Ventura moved for amendment to the Resolution to indicate the General Plan designation on Winchester Boulevard from Office Professional to Service Commercial zone. Motion dies for lack of second. Original motion carried by vote of four ayes.. Mr. Ferrito voting no, but wished the record to reflect that he supports the General Plan amendment regarding Winchester Boulevard but opposed to General Plan amendment regarding the auot sales in the Downtown area and since this was a joint motion and could only be taken as a single motion and because of the State law and the number of times we can amend the General Plan, he has to vote no. DOWNTOWN SPECIFIC PLAN AMENDMENT GP-87-6 Mr. Carlson moved for adoption of Resolution No. 1987-70 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS. CONCERNING AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ferrito voting no. ZONING ORDINANCE AMENDMENT A-87-3 It was noted that public hearing had been held and closed on May 4, 1987 an Council postponed action on the ordinance regarding automobile sales in the Central Business District. Mr. Carlson moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT NEW AND USED VEHICLE SALES AND RENTAL IN THE C-2 ZONE UPON THE ISSUANCE OF A CONDITIONAL USE PERMIT. Mrs. Benjamin seconded. Carried unanimously. Clerk read title. Mr. Carlson moved to introduce the Ordinance. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito voting no. RECONSIDERATION OF GORK APPEAL 104 UNIV. AVE. After general discussion was held regarding reconsideration of the appeal. Feel this needs to be reheard. Mr. Ferrito moved to have the Town Clerk to advertise for a new public hearing at a later date and notify the appellant. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Carlson voting no. INTERIM USE MARIA'S BERRY FARM Discussion was held on report from Town Manager re Town's use of Maria's Berry Farm. After some discussion Mr. Hamilton move to accept staff recommendation and Town not lease the property from CalTrans at this time but work with CalTrans to locate an individual to reside on the property to reduce exposure to vandalism. Mrs. Benjamin seconded. Carried unanimously. BID WAIVER FOR HVAC EQUIPMENT REPAIRS OR REPLACEMENT Mr. Hamilton moved to continue this matter to July 6 until Council can review this closely. Mrs. Benjamin moved to amend the motion to continue to June 15, 1987. Mr. Hamilton accepted this amendment. Discussion was held whereby the Manager requested the Council to accept staff's recommendation and let staff proceed as recommended and that Council's concerns would be taken care of latter. Town Manager spoke of the unbearable working conditions that employees have had to suffer during the heat spells and the need for the air conditioning system to be repaired as soon as possible. Mr. Ferrito stated he could not vote for the motion. Further discussion was held whereby it was decided to sort out the issues as discussed in Closed Session. No vote was taken on the above motion. Mrs. Benjamin moved for the adoption of a substitute motion to waive the formal bidding procedures, authorize staff to request informal bids for necessary air conditioning system repairs and carefully coordinate this along with the Closed Session actions that were taken. Mr. Carlson seconded. Carried unanimously. TOWN AUDIT SERVICE - RFP Mr. Ferrito moved to instruct staff to send out a second set of proposals, with the understanding that the 1986-87 audit may not be performed in a timely fashion. Mr. Carlson seconded. Carried unanimously. TOWN NEWSLETTER Informational report for Council. CAPACITY STANDARDS Discussion was held on Capacity Standards and Mayor asked for each Councilmembers comments. Mrs. Benjamin stated she basically thinks there has been some misinterpretation or miscommunication as it looks right now and referred to couple of properties downtown, that are vacant and need to have something happening to them and if there was a suitable proposal, then I wouldn't want the traffic capacity standards to say no because of I more trip, as they are at F standards and feels this precludes the building of single family residential homes. Mr. Ventura stated it was his understanding the single family home application on an existing lot would not be subject to capacity standards. Mr. Bowman stated that was correct and its only when you are dividing property to create new lots. Existing lots in the hillside will not be subject to this. Discussion was held on the Capacity standards. Mr. Carlson stated he agreed with Mrs. Benjamin and does not want to see this impact any residential or single family residential development or any vacant lot or unused total vacant buildings in the CBD. Should not allow any kind of massive development of vacant lots or over-scale single family homes with secondary units that would effect intersections, need to minimize the impact on critical intersection and certainly not allow an intensification of an existing use that creates more than 1 trip at a critical intersection. Town Manager asked for clarification of definition of intensification and asked if Mr. Carlson was addressing the issue of a lot split where another residential property would be added. Mr. Carlson stated a subdivision is intensification by definition. Mr. Hamilton stated if Council did not wish to approve any more development, then they should have something that shuts down the General Plan, s the General Plan took into consideration the traffic that would be generated by that Plan. We are unable to take into consideration the traffic that is generated by outside forces, so we have no control. So can't support this kind of interpretation of General Plan. Mr. Ferrito stated he supports Planning Commission recommendation, as they gave Council exactly what it asked for. The traffic impact policy statement relates to impacted downtown intersections, and I support Planning Commission's recommendation. Mayor Ventura stated he agrees with what Planning Commission did but all along Council has said they would have to make special provisions for the vacant lots in downtown and have to find some way to accommodate reasonable development on those lots without destroying our capacity standards. Mr. Bowman answered questions of Council and stated there are items coming up on the Planning Commissions agenda which, taking Council comments tonight, those items will have to be denied. Mr. Bowman then answered Mr. Carlson's questions as to what Mr. Bowman feels the Council has been violating. Mr. Bowman stated the Zoning Ordinance and the Downtown Specific Plan States "If there is an impact on a critical intersection then the project must be denied". The Planning Commission 4 years ago recommended to Council to look at 3 trips, on the average for any property downtown and that was rejected. After further discussion, Mr. Carlson moved to refer this back to Planning Commission with respect to any intensification thats exactly our policy, at the current time,until something happens to eliminate the congestion of those intersections, however with respect to any vacant property, those should be done on individual basis realizing that Council's intention is to get property improved but to minimize the traffic impact of the development. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito voted no. Mr. Ferrito stated he is against the motion as Council can not be all things, to all people, at all times. Mr. Carlson stated the particular policy should not be just in downtown specific Plan. There are other parts of Town where there are critical intersections and it seems to him that the policy is in general, a good one. So suggests that Council have Planning to look at broadening the impact, as it is not just a downtown problem and asked that Planning look into this. Mayor Ventura stated this would be done by consensus. This to be high priority. CENTENNIAL BANNER Mrs. Benjamin referred to Centennial Committee's request for the placement of Centennial Banner in downtown location. She stated they are asking for the Centennial Banner be installed to alert the community of the upcoming event and this Banner to remain up during the month of July and 1st week in August. Mr. Carlson moved to approve the request. Mr. Hamilton seconded. Carried by vote of three ayes. Mrs. Benjamin and Mayor Brent Ventura abstained from voting, due to their being members of the Centennial Committee. PLANNING REPORT FOR PUBLIC NOTICING Informational report regarding requirements for public noticing by the Planning Department. Some discussion was held on this whereby it was consensus of Council that the public be given a post card to fill out at the meeting when something they are interested in and is coming up at a future meeting. PAVEMENT MANAGEMENT SYSTEM Mr. Ferrito moved to accept staff recommendation and adopt Resolution No. 1987-71 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE METROPOLITAN TRANSPORTATION COMMISSION TO ESTABLISH A PAVEMENT MANAGEMENT SYSTEM. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no. CLOSED SESSION Attorney Levinger announced Council will adjourn to Closed Session pursuant to Government Code Section 54596.8 to discuss acquisition of property at 20 Grays Lane with Charles Kilian; in addition there will also be discussion of labor relations and continued discussion of litigation of HVAC under 54596.9 (C) ADJOURNMENT Mayor Ventura declared the meeting adjourned at 10:00 p.m. to Closed Session and then will continue to Budget hearings scheduled for June 8 and 9, 1987 at 7:30 p.m. ATTEST: Rose E. Aldag Town Clerk