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M 07-20-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 20, 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:Eric D. Carlson, Thomas J. Ferrito, Robert L.Hamilton and Mayor Brent N. Ventura. ABSENT:Joanne Benjamin. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION PETITIONS ROUTE 85 QUITO ROAD INTERCHANGE Kathy Gillum representing the Rinconada Hill Association, stated this is a community of 434 homes and townhomes with over 1,000 people. They are located within a few blocks of Route 85 and the Quito Road interchange. They are concerned with the quality of life and future property values if the interchange is built. Some of the adverse effect are congested traffic on Quito and Pollard Roads; increase of noise and air pollution; and increase of air traffic from Moffett and San Jose Airport. They are in support of banning trucks from Route 85 and depressing the road. Against potential commercial enterprises that are usually found around highways. Kathy Gillum presented a petition with 526 signatures opposing the Route 85, Quito Road Interchange and requested Council review and consider the seriousness of the adverse effects of the interchange outlined in the petition. Through the membership on the Transit Authority Policy Advisory Board, insure that these concerns are included in the deliberations and provide with advice and help to see that adverse effects are communicated to other organizations. Mr. Ferrito stated he does not support the proposed interchange or Route 85 and asked her to get Saratoga to take its fair share of the interchange. Lillian Dennehy, Coordinator of the Quito Road Citizens Coalition, submitted a petition with 3,933 signatures opposing the Route 85, Quito Road Interchange. She stated the interchange would create extensive traffic in a residential community and compound existing bottleneck conditions on Quito Road; and it would pose a physical hazard to the children attending the schools in the immediate area. Mr. Ferrito encouraged Ms. Dennehy to get Saratoga to work with Los Gatos on the interchanges. Mr. William Delaney, also from the Quito Road Coalition, spoke in opposition to the Route 85, Quito Road Interchange. He feels Saratoga should accept an interchange and the Corridor should be considered by the facts not emotions. Mr. Knott representing the Los Gatos Woods Association, stated this is a planned living development of 233 townhouses fronting Pollard Road that will be within feet of Route 85. The Association is concerned with the quality of life and property values. Their particular concerns are depression of the freeway to at least 20 feet; interchange at Quito Rod; noise reduction through landscaping; and no trucks on Route 85. CHIEF OF POLICE Mayor Ventura announced this would be the lt meeting Chief of Police Acosta would be attending. He has done a super job of improving police services to the Community. Chief Acosta will be the new Chief of Police for Milpitas. Mayor Ventura then announced that Art Roy will be the Acting Chief of Police. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported that a Closed Session was held at the end of the July 13, 1987 Council meeting. Discussion was held on labor relations an there is no report from that discussion. The Town Attorney reported prior to this evening's meeting Closed Session was held and pursuant to Government Code Section 54956.9(a) discussion was held on pending litigation of Farwell vs. Town and there is nothing to report at this time. The case of Hackett vs. Town was discussed and there was no report from that discussion. Pursuant to Government Code Section 54956.9(c) discussion was held on the institution of litigation for a zoning violation. The Town Council authorized litigation for failure to apply for Architecture and Site approval. Labor relations matter was also discussed and there is no report at this time. WRITTEN COMMUNICATIONS a.Letter from Beardsley's Catering regarding traffic accidents at the corner of Roberts Road and University Avenue. Mr. Carlson moved to refer the letter to the Town Manager for a report. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. b.Letter from the Los Gatos Swim and Racquet Club regrading the teen problem, the services they provide and asked Council to help the Club relocate. Mr. Carlson moved to refer this to the Town Manger for review. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. c.Letters were received from Laurence Campagna: Janet Whitloch; Nancy Cole; Ann and Wilks Joy and others supporting And Chili's Restaurant. Mr. Carlson moved to refer the letter to the Town Manager for response. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. d.Letter from the Chamber of Commerce supporting the proposed parking assessment district. Mr. Carlson moved to refer the letter to the Town Manager for response. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SCHEDULE OF PUBLIC HEARINGS Council informational report on upcoming Public Hearings. COUNTY REFERRALS Mr. Carlson moved to accept staff recommendations regarding the County Referrals as follows: 3278-28-41-87LM Madrone Dr. Dawson Lot Merger No comment. 32359-32-53-87LA Linda Ave/El Gato Lane Hyde & Johnson Lot Line Adjustment. No comment (Property owners were encouraged to annex to the Town). Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. JULY 2, 1987 CORRECTED PAYROLL & JULY 17, 1987 & RELATED WARRANTS Mr. Carlson moved for the approval of the corrected payroll register for July 2, 1987 in the amount of $140.29; approval of July 17, 1987 payroll in the amount of $142,110.83 and related warrants in the amount of $130,724.22. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. JULY 1987 WARRANTS Mr. Carlson moved for the approval of the July 1987 warrants in the amount of $419,707.82. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. STATUS OF BILLS PENDING IN LEGISLATURE Council informational report. LETTER TO DR. BARRETT RE ROUTE 85 Mr. Carlson moved to transmit an informational letter to Dr. Barrett in response to his letters questioning the Town's position on Route 85 Interchanges. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. 15400 SUVIEW DR. (HACKETT) Council informational report.l 1987-88 CLASSIFICATION PLAN & POSITION ALLOCATION SCHEDULE Mr. Carlson moved for the adoption of Resolution No. 1987-89 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1987-88. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. CODE ENFORCEMENT QUARTERLY REPORT Council informational report from the Code Enforcement Officer for the period from April 1, 1987 through June 30, 1987. SECONDARY DWELLING UNITS Council informational report. CHAMBER OF COMMERCE REQUEST WAIVER OF SIGN FEES Mr. Carlson moved for the approval for waiver of sign application fees to replace the location sing on the Chamber office. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mrs. Benjamin was absent. CHRISTMAS CAROLING - TOWN PLAZA (FIRST METHODIST CHURCH) Mr. Carlson moved to approve the First United Methodist Church of Los Gatos request to use the Town Plaza for Christmas Caroling on Saturday, December 19, 1987, subject to the following recommendation: a.Representatives meet with Parks, Forestry & Maintenance Services staff by December 11, 1987 to coordinate the event. b.Town of Los Gatos be reimbursed any maintenance services rendered. c.Town of Los Gatos be provided with Special Event Insurance Coverage in the amount of $1 million. Town will be named as additionally insured and the Town will also be provided with a Hold Harmless Agreement. d.Amplified music shall not exceed 75 dba measured twenty-five (25) feet from the source. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. LATE CLAIM KARLA BLACK Mr. Carlson moved to reject the application for leave to present a late claim of Karla Black, as filed by her attorney, Martha J. Olson. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. CENTENNIAL COMMITTEE'S REQUEST USE OF TOWN PLAZA Mr. Carlson moved to approve the Centennial Committee Inc's request to hold their Musicale and Ice Cream Social at the Town Plaza and approve the closure of Montebello Way on Sunday, August 2, 1987, subject to the following recommendations: a.Applicant meet with Park and Police Department staff to review conditions of approval and to coordinate the event. b.Event hours will be from 12:00 p.m. to 4:00 p.m. on August 2, 1987. c.Street closure (Montebello Way and Broadway - East of Santa Cruz Ave.) will begin t 7:00 a.m. and end at 5:00 p.m. Emergency access, as determined necessary by the Police Department,will be maintained at all times. d.Two Police Officers will be required for security. purposes. Hours of patrol will be from 12:00 p.m. to 4:30 p.m. at the Town Plaza. e.Amplified music shall not exceed 75 dba measured twenty five (25) feet from the source. f.A site plan outlining booth locations will be pre-approved by the Director of Parks, Forestry, and Maintenance Services. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. CENTENNIAL COMMITTEE'S USE OF OAK MEADOW PARK Mr. Carlson moved to approve the Centennial Committee Inc's request for extended use of Oak Meadow Park on August 9, 1987 subject to the Following recommendations: a.The Centennial's Special Events Committee continue to work with the appropriate Town departments. b.The Centennial Committee coordinate their selected event with the activities planned by the Chamber of Commerce Lions Club. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. CLOSE E. MAIN ON AUG. 7TH & 8TH CENTENNIAL PAGEANT Mr. Carlson moved to approve the Los Gatos Centennial Committee's request to divert traffic from E. Main Street on August 7th and 8th, 1987 during the Centennial Pageant performance each day from, 7:00 p.m. to 10:30 p.m Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ROBIE LANE #1 ANNEXATION Mr. Carlson moved for the adoption of Resolution No. 1987-91 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ROBIE LANE NO. 1 TO THE TOWN OF LOS GATOS. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. PARKING PROHIBITION - L.G.- ALMADEN RD. NEAR CARLTON AVE. Mr. Carlson moved for the adoption of Resolution No. 1987-92 entitled, PARKING PROHIBITION LOS GATOS-ALMADEN ROAD NEAR CARLTON AVENUE. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. This Resolution prohibits parking along a 60-foot stretch of curb on the north side of Los Gatos Almaden Road immediately east of Carlton Avenue. DENYING APPEAL EQUESTRIAN TRAIL 227 FORRESTER RD. Mr. Carlson moved for the adoption of Resolution No. 1987-93 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL WITH CONDITIONS OF ARCHITECTURE AND SITE APPLICATION REQUESTING REMOVAL OF A CONDITION OF APPROVAL TO UPGRADE AND MAINTAIN EQUESTRIAN TRAIL REQUIRED ON A PREVIOUS APPLICATION ON PROPERTY IN THE HR-2 1/2 ZONE AND MAKING CERTAIN MODIFICATIONS TO PERMIT OCCUPANCY (227 Forrester Road - Donald and Grace Sparks). Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. AMENDING ZONING ORD PERMIT WINERIES & INSTITUTIONS FOR RELIGIOUS OBSERVANCE IN RC ZONE Mr. Carlson moved for the adoption of Ordinance 1732 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT WINERIES AND INSTITUTIONS FOR RELIGIOUS OBSERVANCE IN THE RC ZONE UPON THE ISSUANCE OF A CONDITIONAL USE PERMIT. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. AMENDING ZONING TO RC APPROX. 160 ACRES EASTERLY IF HWY 17 Mr. Carlson moved for the adoption of Ordinance 1733 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 79 PREZONING TO RESOURCE CONSERVATION. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Hamilton voted no and Mrs. Benjamin was absent. COMMUNITY BULLETIN BOARD Lillian Dennehy, 106 Hepplewhite Court, requested the installation of a community bulletin board in he Pollard Road area. Decisions made by Campbell, Saratoga and Los Gatos affect this community and a bulletin board would be helpful. APPEAL - 104 UNIVERSITY AVE. Mayor Ventura stated this was the time and place duly noted for public hearing to consider the decision of Council in denying the appeal from Planning Commission denial of request for approval of plans to convert additional residential space to commercial retail or office area on property located in the C- 2 Zone. Property located at 104 University Avenue. There was discussion by Council to continue this item for a full Council because there was a full Council for the original hearing. Bert Millen, property owner, stated he purchased the property under the assumption that the action taken the last time was what Council agreed upon. He requested Council continue with the public hearing stating, "Go ahead and vote on it. If you will retain it like the motion was done or reject it, whichever way it comes out. Then we can get on with it." He understands that the Council's action is not final until Council adopts the resolution. Mr. Ferrito stated that when the resolution was returned to Council, some of the Council did not understand the vote that was taken orally, was the same thing that was presented in the motion. Mr. Ferrito asked Mr. Millen if he would like to have four members of the Council make the decision and even if the decision may be impossible for Mr. Millen to fulfill. All this says is Mr. Millen can apply for some approval and have the fees waived. Mr. Ferrito asked the Planning Director if it is possible to grant the request to convert the ground floor space based upon the existence of the amortization period? Mr. Bowman stated no, if Mr. Millen could provide additional parking he could meet the requirements of the proposed resolution. Mayor Ventura stated the issue of the hearing is the 650 sq. ft. of commercial that was converted without a permit. No one else from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson stated the new owner should be allowed to file without fee, for the use that was allowed by the zone and other applicable Town laws that includes parking, intersection impact, etc. The intent of this motion is to get the applicant back into the process. Mr. Carlson moved "to allow the new owner to reapply for the space in question for anything allowed by our current set of ordinances and policies". Mr. Hamilton seconded. Motion failed. Mr. Ferrito and Mayor Ventura voted no. Mrs. Benjamin was absent. Mr. Ferrito moved to reopen the hearing and continue this to the September 8, 1987 Council meeting. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SPEED BUMPS HARDING AVENUE Mayor Ventura stated this was the time and place duly noted for public hearing to consider installation of traffic control measures and safety improvements on Harding Avenue between Los Gatos Boulevard and Vista del Campo. Susan Zoellner, 240 Harding Avenue, stated the reason for the petition was partially due to an accident on another street involving a young boy and partially due to increase of speeders on Harding. Some traffic control device such as, speed bumps, or street closure is needed and the residents are willing to work with the Council. Susan Zoellner read a letter from Dr. Fordyce regarding speeding and the installation of speed bumps. Mr. Josephson, 240 Cerro Chico, is concerned about the turns on and off of Harding onto Los Gatos Boulevard and wants no parking on Los Gatos Boulevard on both sides of Harding. George Klein, 218 Harding, lives on the hillside ad can not see to back out of his driveway. Glen Seiler, 213 Harding; Jean Josephson, 240 Cerro Chico; Karen Donald, 130 Harding; William Chestnut, 133 Harding; Don Rector 236 Harding; and Jean Klein, 218 Harding all spoke in support of some type of control and are in favor of speed bumps. Council questioned the residents whether the noise from the cars going over the speed bumps would bother them. There is also the problem of cars becoming airborn and digging up the road. There was also discussion on the installation of stop signs;pavement stripping; police patrol; installation of flashing light; and taking another traffic count when school has resumed. 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. Mrs. Benjamin was absent. Mr. Ferrito moved to direct staff to install two 25 mph speed limit signs and appropriate pavement markings on Harding. Staff be instructed to explore the possibility of putting in some kind of a lighted signal near the bend or some other advisory device and report back to Council. The Police Department commence some active enforcement now and immediately now and immediately after school start (the reason is the younger offenders need to know from the beginning of school what the rules are and they need to have it re- enforced through out the year). Staff study the speeds on Harding after school opens, so Council gets a more representative sampling. Survey residents on Los Gatos Boulevard that would be effected by the proposed no parking. Staff study the speeds on Harding after school opens, so Council gets a more representative sampling. Survey residents on Los Gatos Boulevard that would be effected by the proposed no parking. Staff to look at the no parking and figure out where parking prohibition should be on Los Gatos Boulevard to improve site distances and then conduct the survey that is normally conducted and report back to Council. Mr. Carlson seconded with the amendment that in the morning enforcement action should be before 8:00 a.m., and again between 3:00 and 6:00 p.m. Mr. Ferrito accepted the amendment. Mr. Hamilton further amended the motion by adding stop signs at Vista del Campo and Harding; check for possible placement of some type of speed bump; and direct staff to check line site distances. Carried by a vote of four ayes. Mrs. Benjamin was absent. It was consensus of Council to continue this item to the November 2, 1987. APPEAL - 58 ALPINE AVE. TWO LOT SUBDIV. Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of request for approval of a two (2) lot subdivision of 1.26 acres of property in the R-1:20,000 zone, subdivision application M-87-2. The property is located at 58 Alpine Avenue and the property owner is Rosalie D. Lincoln. A letter was received from Stephen m. Rice on behalf of Mrs.s Lincoln requesting this hearing be continued to the Town Council meeting of August 3, 1987 due to a scheduling conflict. Mr. Ferrito moved to continue this public hearing to August 3, 1987. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. RECESS Mayor Ventura declared a recess. The meeting reconvened at 9:30 p.m. APPEAL 300 BLOSSOM HILL Mayor Ventura stated this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of Zone Change Application Z- 86-6, a request for a change in zone from 0,R-1:8000 and RM-5-20 to RM:R-20- PD in order to construct a 72 unit residential development on 8.8 acres of property at the southeast corner of Blossom Hill Road and Roberts Road and the denial of request for certification of a Draft Environmental Impact Report EIR-85- 1A. Property owner, Ed Nino and Vasona Hills Partnership. Discussion was held by Council and staff on the traffic and circulation issue as pertained in the EIR; possible General Plan changes of the parcels to low density. Fred Deklotz, 16158 Bachman Avenue, Attorney representing the appellant. The Developer is willing to 1) retain the Nino house and rock wall; 2) maintain 11 BMP units; 3) use professional consultants to work with staff for the best project addressing traffic consideration and visual and grading considerations; 4) extend the development of the paths and trails along Los Gatos Creek; 5) realign and improve Roberts Road so it will align with the main entrance to Vasona Park and signal entrance; 6) agreed to retain Roberts Road; 7) more than 6 acres of the project will be open space and landscaped; 8) willing to participate in costs associated with improvement of other intersections impacted by the project; 9) improvement of the bridge on Blossom Hill and Roberts Roads. Mr. Deklotz requested Council take a policy position with respect to the development and parcel. Mr. Deklotz read the following from page 49 of the EIR report, "However, the project, of itself, would not result in the deterioration of the LOS at any of the nearby intersections. Mitigation measures: The project should contribute its fair share to roadway and intersection improvements in the site vicinity that are included in the Town's Capital Improvement Program (CIP). . .". There was discussion by Council to reduce the number of units to fifty and keeping the number of BMP units at 20% or greater. Que Naderzad, 1401 Pollard and member of the Vasona Hills Partnership, spoke in support of the project and is willing to work with the Town. Discussion was held on the effects of Route 85 in reducing the traffic impact on Blossom Hill Road and if the project could be phased so some development would be done before Route 85 and the remainder after Route 85. The Developer feels this would be impossible due to not knowing when Route 85 will be constructed. Mr. Hamilton questioned the cost for refurbishing the Nino house and rock wall and cost of installation of traffic signal and realignment of Roberts Road. Steve Saraydpout, member of the Vasona Hills Partnership, also spoke in support of the project and answered Council's questions. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito felt the Planning Commission erred with the Pendar proposal by telling Pendar to return with a high density for more affordable house. Instead, of telling Pendar to reduce the number of units but make them more affordable. Pendar returned with a new proposal that would increase density on the property and increase the traffic impact. They then came before Council for approval of a PD and Pendar was given a range from 45 up to 90 units that would be allowed with the traffic impact. The Planning Commission should deny a proposal if it does not meet every criteria and let the Council balance the project. With the new project Council will get the 20% BMP units; the density is within the 80 or 90 units Council is willing to look at; realignment of Vasona entrance with possibility of a light which will make the vicinity safer; Roberts Road Bridge, Nino house and rock wall will be preserved; developer willing to pay for portion of Blossom Hill Bridge over Hwy 17; the visual impact of the project is better than the Pendar proposal and other previous proposals; and the number of trips for this project will be half of the previous project proposal. Mr. Ferrito stated, "the Planning Commission erred in not being able to consider all the positive impacts of this proposed development and balance those against traffic". Mr. Ferrito moved to grant the appeal, only in so far as it relates to the question of traffic generation and send this matter back to the DRC for the preparation of a PD. Mr. Hamilton seconded. Mr. Carlson would support the motion if it would include to conform to the proposed density that will be in the General Plan amendment. Mr. Ferrito accepted the amendment to the motion. Carried by a vote of three ayes. Mayor Ventura voted no and Mrs. Benjamin was absent. The Town Attorney to prepare appropriate resolution for Council consideration at the next meeting. Mayor Ventura could not support the motion because "of the inconsistency in terms of reviewing the development applications and approving them on a reduced scale but not dealing with the issues and problems created by approving these developments. On the one hand Council says they do not want any more traffic and yet compelled when development applications come through to scale them back and approve them. Yet when capital improvements come up to deal with increased traffic flow to deal with critical intersections the Council backs down." MINUTES JUNE 15, 1987 Mr. Ferrito requested the vote on page 3, Ordinance Re Sale of New & Used Auto's in C-2 Zone, be correct to read, "Carried by a vote of three ayes. Mr. Ferrito voted no and Mayor Ventura was absent." Mr. Carlson requested the word "and" be changed to "because" on page 5, last line of Shannon Road Pedestrian/Bicycle Improvement and change "Council" to "County", page 6, first line. Mr. Hamilton moved minutes of June 15, 1987 be approved as corrected. Mr. Ferrito seconded. Carried by a vote of three ayes. Mayor Ventura abstained and Mrs. Benjamin was absent. MINUTES JUNE 22, 1987 Mr. Ferrito moved the minutes of June 22, 1987 be approved as submitted. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MINUTES JUNE 29, 1987 Mr. Ferrito moved the minutes of June 29, 1987 be approved as submitted. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MINUTES JULY 6, 1987 Mayor Ventura requested his vote on page 4, first and las items be corrected to read, "Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Ventura abstained". Page 5, line 12, change "of" to "or". Mr. Carlson moved the minutes of July 6, 1987 be approved as amended. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MINUTES JULY 13, 1987 Mr. Ferrito moved the minutes of July 13, 1987 be approved as submitted. Mr. Carlson seconded. Carried by a vote of three ayes. Mayor Ventura abstained and Mrs. Benjamin was absent. AMICUS BRIEF PENNELL VS. CITY OF SAN JOSE Mr. Ferrito moved to authorize participation in amicus brief to be filed in support of the City of San Jose rent control ordinance at no cost to the Town. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no and Mrs. Benjamin was absent. VASONA/HWY 17 CORRIDOR PHASE I ALTERNATIVES ANALYSIS Dave Minister, Supervising Transportation Engineer of Santa Clara County and Paul Krupka, consultant from Wilber Smith Associates both spoke in support of the purpose of funding the study of the Route 85 extension; difficulty of acquiring vacant land for park and ride lots; consideration of mass transit/lite rail system; and requested an additional $1,000 funding for this study. Mr. Minister stated there is a community meeting scheduled for Branham High School, July 29th at 7:00 p.m. Mayor Ventura moved to authorize the Santa Clara County Transportation to proceed with the detailed study of the Route 85 extension at a Town cost not to exceed $7,500; and authorize a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $1,000. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to have Mayor Ventura write to Jim Beall to push for San Jose to continue the study. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. LOS GATOS CREEK PARK (NOVITIATE) David Hansen, Land Manager for the Open Space District, answered Council's question regarding the elimination and moving of the trails and the allowance of dogs on the preserve. There was also discussion on regulating mountain bike and the possibility of separate trails for mountain bike and walking/equestrian trails. Mr. Ferrito moved to approve the Comprehensive Use and Management Plan for Los Gatos Creek Park as outlined in the report as amended by the Open Space District Board except, Council does not agree with the allowance of dogs on the preserve (even for an experimental purposes) and ask they consider use of a dual separate use of a trail that stretches from the existing Town park to where the trails connect in the walking zone area. Mayor Ventura seconded. Mr. Carlson amended the motion to include limiting dogs to certain specific parts of the overall area. Mr. Ferrito accepted the motion. Carried by a vote of three ayes. Mr. Hamilton voted no and Mrs. Benjamin was absent. CHERRY BLOSSOM STUDY & CAMELLIA TERRACE SIGNAL Darell Mackie, 15968 Cherry Blossom Hill Lane, questioned if there would be a neighborhood meeting and how would the neighbors would be notified. Steve Jepson, representing DKS Associates, answered Council's questions regarding the Blossom Hill Road and Camellia Terrace Intersection Alternatives Analysis draft report. Mr. Carlson moved to consider an in school meeting and consider changing the notice to invite residents to a neighborhood meeting in September to discuss the Studies alternatives. Mr. Ferrito seconded. Carried buy a vote of four ayes. Mrs. Benjamin was absent. No action to be taken on the Camellia Terrace signal until results of the neighborhood meeting is completed. SELECTION EXECUTIVE SEARCH POLICE CHIEF Mr. Ferrito moved to ratify Ralph Andersen & Associates to assist in selection of Police Chief. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. NICHOLS SEWER CONNECTION Mr. Ferrito is concerned if the request for sewering property through the plumbing system of Los Gatos Lodge is a dead issue; how did the Town get involved in the process; and how can this be avoided in the future. Mayor Ventura to check at the next Sanitation District meeting and have this agendized at their next meeting. Mr. Carlson moved to direct staff not to proceed any further with this item and request the Sanitation District Board get it on their next agenda. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. EQUESTRIAN TRAILS FORRESTER ROAD Mayor Ventura wants the notice going to the property owners on Forrester Road to show what is in the General Plan Trails Element. It should show the trail going parallel to Forrester then to Top of the Hill Road and connecting to Happy Acres. Mr. Carlson wants the following added to the second paragraph of the letter, "It is the Town's intent to construct this trail either on the curved side as shown on this map or some alternative route.". Mayor Ventura moved to send the letter to the property owners on Forrester Road regarding the equestrian trails with the above amendments. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. CONTINUE MEETING Mr. Carlson moved to continue the meeting past midnight. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. DENYING APPEAL 15698 LOS GATOS BLVD. (LONG'S DRUG) Mr. Hamilton feels the resolution does not accurately reflect the minutes. He would prefer to end this after "IT IS HEREBY RESOLVED item 1" and direct the appellant to the minutes to what was discussed. The Council did not come to conclusions on some items and does not feel item 4 should be in the resolution. Mr. Carlson suggested item 2 changed to read, "In review of the minutes ask them to investigate ways of reducing traffic generation, which could include beverages,post office or other things. Mr. Ferrito feels since Mrs. Benjamin made the motion, this should be continued until she returns. Mr. Carlson moved to continue this and ask staff to look at the actual motions that passed and failed; make the necessary changes in the resolution to correspond to the minutes and return to Council at the next Council meeting. Mr. Hamilton seconded. Carried by a vote of three ayes. Mayor Ventura abstained and Mrs. Benjamin was absent. WITHDRAWAL VASONA CORRIDOR STUDY Mayor Ventura would like Council's opinion on withdrawing from the Vasona Corridor Study if the City of San Jose does not want to participate in the Route 85 extension. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 12:10 a.m., Tuesday, July 22, 1987. ATTEST: Rebecca L. Yates Sr. Deputy Clerk