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M 04-06-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 6, 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. CLOSED SESSION REPORT The Town Attorney reported that prior to this evenings Council meeting,Council had met in a Closed Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation. The case of Town vs. Scott was discussed and authorization was made to pursue final settlement discussions. The Town vs. Gallagher (owner of And Chili's), Town authorized additional attorney's fees in the amount of $18,000.00. APPOINTMENT PARK COMMISSION Mayor Ventura stated interviews for the vacancies on the Park Commission has been held prior to the meeting. One application had been received from Laurie Kirkendall to the Park Commission. Mr. Carlson seconded. Carried unanimously. The Clerk to advertise for the other vacancy on the Park Commission. WRITTEN COMMUNICATIONS A.Letter from City Cab Company requesting the installation of public street taxi-cab stalls. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. b.Letter from Mrs. Fischer regarding proposal to have all cats in Los Gatos wear collars with bells. Mrs. Benjamin moved to refer to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. c.Letter from Reverend Gerry Phelps concerning shelter for the homeless. A letter also to be sent to community Services Commission for report and response. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. d.Letter from Larry Arzie regarding parking assessments. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Carlson seconded. Carried unanimously. e.Letter from Denise DeRose regarding refund of bond of F. Boitano on Greenridge Terrace. Mrs. Benjamin moved to refer this to the Town Manager for response. Mr. Carlson seconded. Carried unanimously. f.Letter from Bill Grove regarding Parking Prohibitions. It was noted Resolution No. 1987-29 was adopted March 16, 1987. Staff to send a letter informing Mr. Grove of the action taken. g.Letter from Paula Rubin regarding Bicknell Road. The Engineering Department has notified neighbors of the hearing for April 20, 1987. Council will receive testimony from people living in the area. SCHEDULE OF PUBLIC HEARINGS Information report for Council on upcoming scheduled hearings. MEETING SCHEDULE Meeting schedule showing various meetings for the month of April. COUNTY REFERRALS Mrs. Benjamin moved for approval of staff recommendations as follows: 3106-32-54-87SP Loma Vista Sengstack Special Permit. Direct staff to forward a recommendation of denial to Santa Clara County. 3120-30-50-87B-87DR Cypress Way Nudelman/Vierhus Single family residential building site and design review Direct staff to forward a recommendation of approval to Santa Clara County subject to: a) any trees which measure 35" or greater in circumference, 3" above the ground, to be replaced at a 3 to 1 ratio with 15 gallon trees of the same species. Alternative species to be approved by the director of Parks, Forestry and Maintenance Services; b) two-year maintenance contract to be established for protection of existing and newly planted trees. 3134-31-52-87V Hilow RD.Bean Variance Direct staff to forward a recommendation of denial regarding this application for a variance to reduce the rear yard setback from 18'7" to 10'. Mr. Carlson seconded. Carried unanimously. PLANNING COMMISSION/PLANNING DEPT. REPORT Council informational report. PAYROLL - MARCH 13th & 27th Mrs. Benjamin moved for approval of payroll of March 27, 1987, in the amount of $129,301.15; approval of payroll of March 13, 1987 in the amount of $155.08; and approval of the payroll related warrants in the amount of $117,352.95. Mr. Carlson seconded. Carried unanimously. CLAIM - MR. & MRS. BLAKLEY Mrs. Benjamin moved to approve staff recommendation and reject the claim of Amy and Patrick Blakely as filed by their attorney John R. Fitzsimmons. Mr. Carlson seconded. Carried unanimously. ABAG PLAN CORP. Informational report for Council. FIRE BELL LOCATION Mrs. Benjamin moved that Council give tentative approval for display of the Historic Fire Bell at the Town Plaza and Civic Center, subject to Parks Commission review and appropriate zoning approvals. Mr. Carlson seconded. Carried unanimously. SPEEDING - FOSTER ROAD Council informational report. BUS LAYOVER WINCHESTER BLVD. Mrs. Benjamin moved Council authorize the Mayor to transmit a letter to Suzanne Wilson, Chairperson of the County Board of Supervisors, requesting their assistance in scheduling and constructing the Winchester Boulevard "duck- out" in the 1986-87 fiscal year. Mr. Carlson seconded. Carried unanimously. CAT'S HILL BICYCLE RACE Mrs. Benjamin moved to approve the request of the Los Gatos Bicycle Club to hold the Thirteenth Annual Cat's Hill Bicycle Race on Saturday, May 2, 1987, subject to the following: 1.Fifty percent of anticipated Town costs to be deposited with the Town Clerk at least one week in advance of the race. Balance payable upon billing by the Town. 2.All portable restrooms and privately owned barricades be removed from the race course immediately following conclusion of the race. 3.Trash containers be provided and that race course be cleared of all trash at conclusion of the event. 4.Twice, prior to the event a flyer to be distributed to all residents along and within the race course advising of the event. The second flyer to be delivered the day before race course be moved prior to the event. 5.A list of names and telephone numbers of contact persons for this event to be provided to the police department. 6.A restraining barrier be provided at Bachman and Tait, the start/finish line, and those popular areas of the course heavily attended, to keep spectators out of the street. 7.No race participants on the course prior to 12 Noon street closure. 8.A minimum of six police officers assigned for crowd and traffic control. 9.Coordination with the Public Works Department for sweeping of the race course. 10.Lions Club and Cerebral Palsy Action League will coordinate location of food service with police department. Food service to be located away from residences. 11.All Town incurred costs to be paid by the Los Gatos Bicycle Racing Club. 12.Signature of a Hold Harmless Agreement. 13.Applicant will provide the Town with special event insurance coverage in the amount of one million dollars. The Town to be named as additionally insured. Mr. Carlson seconded. Carried unanimously. REDUCTION OF PD FILING FEE Mrs. Benjamin moved to accept staff recommendation and grant the request from Arroyo Rinconada Homeowners association for the reduction of the Pd filing fee to $500.00. Mr. Carlson seconded. Carried unanimously. NOVITIATE #2 ANNEXATION Informational report for Council. LIONS CLUB & CHAMBER REQUEST TO USE OAK MEADOW Mrs. Benjamin moved that Council approve the Los Gatos Chamber of Commerce request to sponsor a Art Show at Oak Meadow Park on Saturday, August 8th and Sunday, August 9th, subject to staff recommendations and conditions as follows: 1.Chamber of Commerce coordination with Police and Parks Departments to finalize event details. 2.Chamber of Commerce will provide the Town with special event insurance coverage in the amount of one million dollars. The Town will be named as additionally insured. The Town will also be provided with a Hold Harmless Agreement. 3.Expenses incurred by the Town for additional maintenance needs will be paid by the applicant. 4.Obtain a valid Alcoholic Beverage Control License for any beer and wine to be sold. Only one beer and wine booth to be allowed. All beer and wine will be consumed in an area contained by a fenced perimeter as outlined by the Police Department. 5.Uniformed private security to be provided at the entrance and exit gates to prevent alcoholic beverages from leaving the fenced area. 6.Alcoholic beverage sales to cease no later than 8:00 p.m. 7.All provisions of section 11.30.060 of the Los Gatos Noise Ordinance to be met: subject to the exceptions in section 11.30.060, in the daytime (between the hours of 7:00 a.m. and 9:00 p.m.) no person shall make a noise louder than 75 DBA measured 25 feet from the source. Mr. Carlson seconded. Carried unanimously. VILLA VASONA TEMPORARY PARKING FACILITIES Mrs. Benjamin moved to direct staff to continue to initiate and to facilitate the meeting of the management of Villa Vasona with either the County or the owner of property at 576 W. Parr, as appropriate, to determine the availability of temporary parking; provide maximum assistance to these discussions; and continue the matter for 60 days and report back at that time with a progress report of these activities. Mr. Carlson seconded. Carried unanimously. PLANNED DEVELOPMENT PROCESS Mrs. Benjamin moved for the adoption of resolution No. 1987-33 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING A POLICY TO ENCOURAGE THE USE OF THE PLANNED DEVELOPMENT PROCESS TO ASSURE COMPATIBILITY OF IN-FILL PROJECTS WITH THEIR ENVIRONS. Mr. Carlson seconded. Carried unanimously. SUPPLEMENTARY FINANCIAL REPORT SINGLE AUDIT Mrs.Benjamin moved to accept the Single Audit report for the fiscal year ending June 30, 1986. Mr. Hamilton would like to see line items. Mr. Carlson seconded. Carried unanimously. HEARST CABLEVISION COMPLAINT Council informational report. SAN FRANCISCO BAY BASIN WATER QUALITY CONTROL PLAN Mrs. Benjamin moved to authorize the Mayor to sign an agreement with the Santa Clara Valley Water District for the purpose of preparing a plan of action for a study of urban runoff as required by the Regional Water Quality Control Board (not to exceed $2,000.00). Mr. Carlson seconded. Carried unanimously. PERMIT PARKING E. MAIN STREET Mrs. Benjamin moved for adoption of Resolution No. 1987-34 entitled, TWO HOUR TIME LIMIT PARKING (EXCEPT BY PERMIT) ON NORTH SIDE OF EAST MAIN STREET BETWEEN HIGH SCHOOL COURT AND EAST DRIVEWAY OF LOS GATOS HIGH SCHOOL. Mr. Carlson seconded. Carried unanimously. SARATOGA AVE. MEDIAN LANDSCAPING PROJECT Mrs. Benjamin moved that Council reaffirm their March 16th 1987 action to appropriate an additional $60,000.00 from Gas Tax Funds to complete this project. Mr. Carlson seconded. Carried unanimously. REPLACEMENT OF MICROPHONES Mrs. Benjamin moved to approve the expenditure of $600.00 from revenues received through the Youth Advisory Commission's two dances, for the replacement of microphones. Mr. Carlson seconded. Carried unanimously. PARKING PROHIBITION BEAN AVENUE EXTENSION Mrs. Benjamin moved for adoption of Resolution No. 1987-35 entitled, PARKING PROHIBITION, BEAN AVENUE EXTENSION. Mr. Carlson seconded. Carried unanimously. PROCLAMATION SANTA CLARA CO. COMMUNITY DEV. WEEK. Mrs. Benjamin moved for approval of Proclamation declaring the week of April 11 -18, 1987 as Santa Clara County Community Development Week. Mr. Carlson seconded. Carried unanimously. PROCLAMATION EARTHQUAKE PREPAREDNESS WEEK Mrs. Benjamin moved for approval of Proclamation declaring April as Earthquake Preparedness Month. Mr. Carlson seconded. Carried unanimously. BLOSSOM HILL #19 ANNEXATION Mrs. Benjamin moved for adoption of Resolution No. 1987-36 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLOSSOM HILL # 9 TO THE TOWN OF lOS gATOS. Mr. Carlson seconded. Carried unanimously. APPEAL - 121 WILDER AVE. (E. BROWN) Mrs. Benjamin moved for adoption of Resolution No. 1987-37 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT FOR PERMISSION TO CONSTRUCT GUEST COTTAGE WITHOUT KITCHEN ON PROPERTY IN THE R-1D-LHP ZONE (121 WILDER AVENUE - EMILY BROWN). Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained because she was not present at the public hearing. 16615 LARK AVE. ALTERNATING USE OF PARKING DEED RESTRICTIONS Mr. Carlson moved for the adoption of Resolution No. 1987-38 entitled, RESOLUTION APPROVING THE AGREEMENT WITH FIRST ASSEMBLY OF GOD - THE PEOPLES CHURCH AND FOUNTAIN LANE PROPERTIES, LTD. CONCERNING ALTERNATING USE OF PARKING AT 16615 LARK AVENUE. Mr. Hamilton seconded. Carried unanimously. This Resolution authorizes the Mayor to sign the deed restrictions. Mr. Bowman read Section 3.41.060 alternating uses. COMMENDATION R. LINCOLN Mrs. Benjamin moved for adoption of Resolution No. 1987-39 entitled, A RESOLUTION COMMENDING ROSALIE LINCOLN. This commendation is for Mrs. Lincoln's service to the Town through the Museum Commission and to the Los Gatos Museum Association for the past 22 years. Mr. Carlson seconded. Carried unanimously. AMENDING YOUTH ADVISORY COMM. RE MEMBERSHIP, QUORUM & SCOPE OF FUNCTIONS Mrs. Benjamin moved for the adoption of Resolution No. 1987-40 entitled, A RESOLUTION AMENDING THE YOUTH ADVISORY COMMISSION RESOLUTION RE: MEMBERSHIP, QUORUM AND SCOPE OF FUNCTIONS AND RESCINDING RESOLUTION NO. 1986-168. Mr. Carlson seconded. Carried unanimously. MINUTES MARCH 16, 1987 Mr. Ferrito requested Clerk to check tape on vote of the consent item. The Clerk reviewed the tape and the vote is as stated in the draft minutes. Mayor Ventura requested correction on page 6, Secondary Dwelling Units, line 7 from the bottom, add a comma after the word "file". Mr. Carlson moved the Minutes of March 16, 1987 be approved as corrected. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained as she had been absent from the meeting. MINUTES MARCH 23, 1987 Mr. Carlson requested Clerk to move the close parenthesis after the word "vote", subject Assessment District Hearing. Also, same sentence, change the word "meeting" to "hearing". Mr. Ferrito requested the Clerk to check the tape and add the third vote by Mr. Ferrito. Mr. Carlson moved the minutes of March 23, 1987 be approved as amended. Mrs. Benjamin seconded. Carried unanimously. TREASURER'S REPORT FEBRUARY, 1987 Mayor Ventura stated the Council accepted the Treasurer's Report for the month of February, 1987. PUBLIC HEARING APPEAL 16935 ROBERTS ROAD Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission denial of Architecture and Site Application S-85-68 to construct a 7-unit residential condominium project in the RM:5-12 Zone and Conditional Use Permit U-85-30. (16935 Roberts Road Bas Homes, Inc.). This hearing was continued from March 16, 1987. Sheri Niswander, representing Bas Homes, stated a project was approved around 1980 for 6 townhouses. Between 1981 and 1985 the property was left unmanaged. She read the portion of the General Plan regarding the Land Use Implementation for medium density and is willing to work out any design concerns still pending with staff. She also discussed the traffic impact and stated it would be minimal. They would be willing to pay their fair share for the improvements of intersection at Los Gatos Boulevard and Roberts Road. Mr. Carlson stated for the record that one of the neighbors called him and expressed support for the project. Mr. Yuki, 14800 Oka Road (Director of American Bank and Trust) spoke in support of the project and urged Council to grant the appeal. Steve Stern, President of Bas Homes, stated the project was turned down for general traffic and not on the specific merits of the project. Mr. Hamilton moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Sheri Niswander answered questions of Council. Mrs. Benjamin wants them to come back with a lower number of units and moved to return the applications to the Development Review Committee for preparation of the required environmental documentation and review of complete development plans with the waiver of fees. Mr. Hamilton seconded. Carried unanimously. APPEAL - MILES AVENUE - H. SMITH Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of pLANNING cOMMISSION'S DENIAL OF gENERAL pLAN aMENDMENT GP-87-3, an amendment to the General Plan and Downtown Specific Plan, concerning the use of property located on the west side of Miles Avenue, adjacent to and north of the Town Service Center from Medium Density Residential to service Commercial. (H.P. Smith - owner). Mr. Gaines, representing Mr. Smith, stated due to lack of a traffic study being made and the General Plan being amended, he requests the continuance of this for 3 months or until Town has this traffic capacity study done. After further discussion Mr. Bowman stated the Planning Commission did not feel study was necessary. Mr. Carlson suggested that Planning commission should also study the zoning in that area to see what is the right zoning for that property or should Council consider amendment of Conditional Use Permit to allow storage or some other kinds of uses. Discussion was held as to who would pay for this Traffic Capacity Study. Mr. Gaines stated Mr. Smith is willing to pay for the traffic study. Mr. Smith then questioned as to just what the Town wants. He feels he needs direction on the density range and is willing to go back to DRC for that direction. After further discussion, Mrs. Benjamin moved to refer this matter back to DRC asking them to look at if changing the zoning from residential to light manufacturing look at the zoning for the whole area and then look at the allocation of traffic generation for the whole area if the zoning was changed; trips generated; study changing the General Plan and overall study of the General Plan designation in the area and this be brought back to Council in 6 months. Mr. Carlson seconded. Carried unanimously. ACREAGE REVERSION 155 COLLEGE AVE. Mayor Ventura stated this was the time and place for public hearing to consider Planning Commission recommendation to revert an existing 4-lot subdivision of 1.121 acres back to acreage and eliminate all interior property lines on property in the R-1:8,000 zone (Property located at 155 College Avenue - Owner, Jon P. Anderson. Lee Bowman answered questions of Council and report that was given to Council tonight as a desk item, re refunding of various fees if this subdivision reverts to acreage. Ms. Callon, representing Mr. Anderson, stated Mr. Anderson is here to try and keep something from disappearing. Ms. Callon then gave summary of letter she had presented to Council prior to the meeting. This letter requests that Council abandon the proceeding of reversion to acreage and authorize a six-month extension to the subdivision improvements agreement. The subdivision is consistent with the General Plan, Zoning and town ordinances and policies referring to grading and hillside standards so therefore need not be reverted to acreage. Discussion was held on length of time since the subdivision was approved in 1981 to this date. Mr. Ken Iwagaki, President of Allied Engineer requesting extension and staff not informing him of the Council's denial for extension. Mr. J. Zanardi, stated he feels an injustice was made and there seems to be a lack of communication. Peter Carter, 45 Broadway, spoke in favor of J. Anderson and requested that Council allow Mr. Anderson to proceed with his subdivision. Town Manager reported on action that had been taken from 1982, when this project was approved and of actions since that time. After further discussion and no one else from the audience wishing to speak, Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to make the finding as required by Section 66499.16 of the State Subdivision Map Act that none of the required improvements have been made within the time allowed by the agreement for completion of the improvements. Direct the Town Attorney to prepare a Resolution to revert the subdivision back to acreage as recommended. Motion dies for lack of second. Mrs. Benjamin moved to reopen the hearing and continue to May 4, 1987 and request staff to review and answer the comments from the letter of Ms. Callon re legal part of the subdivision act and reversion to acreage; what would be required with filing of a new application and if the subdivision drawing would meet current standards. A report on this be sent to Council for their review. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ferrito voting no, "I don't think the specific's are the determining factor in this. I thinks general is what really applies and that is whether the Council has the right and the duty to terminate an approval, if the conditions have not been met after a period of time." APPEAL -210 GLENRIDGE AVE. J.D. MC MANIS Mayor Ventura stated this was the time and place duly noted for continued public hearing to reconsider Council decision in granting the appeal of decision of Planning Commission denying application for Secondary Dwelling Unit on property in the R-1D-LHP Zone (Application D-98-156) property located at 216 Glenridge Avenue. Owner - J.D. Mc Manis. Speaking on the issue was Mr. Mc Manis, owner of the property. He gave a summary of action previously taken by Council. Mr. Bowman stated rule for secondary dwelling unit is that it must have kitchen facilities, which this unit, in question, does not have Mr. Watson, Chief Building Official, reported that during inspection in 1976 there was no kitchen and in the inspection process of 1985 there still was no kitchen. Mr. Mc Manis stated there was a gas hot plate in the unit when he purchased the property. Further discussion was held on what changes to Ordinance that has taken place over the years. Mr. Bill Moore, resident on Glenridge, spoke in favor of allowing this secondary unit stating what Mr. Mc Manis is doing and has done to the property is an asset to the Town. There being no one else from the audience wishing to speak on this issue, Mrs. Benjamin moved to close the public hearing. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved for adoption of Resolution No. 1987-41 entitled, RESOLUTION GRANTING APPEAL OF DECISION OF PLANNING COMMISSION DENYING APPLICATION FOR SECONDARY DWELLING UNIT ON PROPERTY LOCATED IN THE R-1D-LHP ZONE (216 Glenridge Ave. - James McManis). This stipulates that all Zoning Ordinance requirements, including the installation of a kitchen, and Town Housing Code requirements be completed within one (1) year from the adoption of this Resolution. Mr. Carlson seconded. Carried unanimously. AMENDMENT TO GENERAL PLAN GP-87-1 RE PARKING Mayor Ventura stated this was the time and place for public hearing to consider amendments to the General Plan concerning the Downtown Parking Improvement Program, Land Use Designation in the Downtown Area, and minor corrections that reflect the status of the implementation measures currently listed in the General Plan, this is GP-87-1. Mayor Ventura stated this would include the General Plan Amendment GP-86-1, which amends the General Plan concerning the number, type of occupancy and other regulations pertaining to secondary dwelling units. No one from the audience wishing to speak on these amendments, Mr. Carlson moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to make the negative declaration for GP-87-1. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to make the finding that the General Plan Amendment GP-87-1 is internally consistent with the General Plan and make specific corrections to land use designation that are in line with the parking program that are called out in general. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito questioned as to whether there is a conflict of interest on his voting on this issue. It was noted that this only deals with the church and Mr. Ferrito is not disqualified and may vote on the issue. Mr. Carlson moved for the adoption of the draft Resolution amending the General Plan. Mrs. Benjamin seconded. Carried unanimously. GENERAL PLAN AMENDMENT RE SECONDARY UNITS GP-86-1 Mr. Carlson then moved to make the negative declaration for GP-86-1. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to make findings that the amendment meets the criteria required for inclusion in a housing Element and is internally consistent with the General Plan and that all proceedings have been conducted incompliance with the provisions of Government Code Section 65030. Mr. Carlson moved for the adoption of Resolution No. 1987-42 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AMENDMENT TO THE GENERAL PLAN. ( This resolution includes GP-87-1 and GP-86-1) Mrs. Benjamin seconded. Carried unanimously. Discussion was held re civil penalties re violations of filing secondary units. ZONING ORDINANCE AMENDMENT A-86-5 Mr. Carlson moved to make findings that Zoning Ordinance Amendment A-86-5 is consistent with the General Plan and it spells out enforcement procedures for those who do not comply with the Housing Element. Mrs. Benjamin seconded. Carried unanimously. Mr. Carlson moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO SECONDARY DWELLING UNITS. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Carlson moved for introduction of the Ordinance. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mayor Ventura and Mr. Ferrito voting no for reason that it includes or allows for applications in new secondary units, which they oppose. AMENDMENT OF ORDINANCE (354 BACHMAN)) Mr. Carlson moved for the adoption of Ordinance No.1714 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1656 WHICH AMENDED THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 66 FROM R-1D-LHP TO R-1D-LHP-PD. Mayor Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin abstained, she had not been present at the meeting when the hearing was held. SENIOR CITIZEN 110 WOOD ROAD This item was pulled from the agenda for tonights meeting and will be agendized at later date. REHABILITATION LOS GATOS MUSEUM Mr. Ferrito moved to approve expenditure of $5,500.00 available in the Museum budget for contractual services for rehabilitation in the Museum budget for contractual services for rehabilitation of the Los Gatos Museum at the corner of Tait Avenue and W. Main Street. Mrs. Benjamin seconded. Carried unanimously. FILING FEE SECONDARY UNITS Mr. Carlson moved for the adoption of ResolutionNo.1987-43 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 1986-163 AND SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Ferrito and Mr. Ventura voting no. They feel fee should be higher and they do not feel the cost of code enforcement officer was factored in. REESTABLISHING NONCONFORMING STATUS IN C-2 ZONE Mayor Ventura stated this was the time and place for the introduction and adoption of Urgency Ordinance re-establishing Nonconforming status of properties in C-2 Zone that were formerly Nonconforming as to parking. Mayor Ventura stated Council would have to apply the rule of necessity here for 4/5th vote and it would be necessary to draw lots to see between Mr. Hamilton and Mr. Ferrito as to which of them would be able to vote. Mayor directed Clerk to toss a coin for this decision and Mr. Hamilton won the right to vote. Mr. Ferrito stepped down from his chair. Mr. Bowman gave a summary report on the object of the Ordinance which was to reserve the status quo while working on the Parking Assessment District. So, when the parking district was approved, whatever form it was in then, and whatever rules were in effect, would replace the Urgency Ordinance. By not having this Ordinance, all those properties which were formerly nonconforming, in the downtown have now become unlawful, and that means Planning cannot issue any permits for any purpose to any property that is nonconforming downtown. Mr. Carlson moved to make the finding that there is a current and immediate threat to the public health, safety and welfare, and that the cessation of uses located in the Central Business District that are nonconforming as to parking pursuant to Section 3.50.050 of the Los Gatos Zoning Ordinance would in a threat to the public health, safety and welfare. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Carlson moved to waive the reading of AN URGENCY INTERIM ZONING ORDINANCE REESTABLISHING THE DURATION OF NONCONFORMING STATUS FOR PROPERTIES IN THE CENTRAL BUSINESS DISTRICT AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES IN THE CENTRAL BUSINESS DISTRICT THAT ARE NONCONFORMING AS TO PARKING. Mrs. Benjamin seconded. Carried by vote of 4 ayes. Mr. Ferrito abstained. Town Clerk read title of the Ordinance. Mr. Carlson moved the Urgency Interim Zoning Ordinance be introduced. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Carlson moved for adoption of Ordinance No. 1715 entitled, AN URGENCY INTERIM ZONING ORDINANCE REESTABLISHING THE DURATION OF NONCONFORMING STATUS FOR PROPERTIES IN THE CENTRAL BUSINESS DISTRICT AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES IN THE CENTRAL BUSINESS DISTRICT THAT ARE NONCONFORMING AS TO PARKING. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. It was noted this Urgency Ordinance only lasts for 45 days and would need to be extended after that time. Mr. Carlson moved to direct Clerk to schedule a public hearing for May 18, 1987 to extend the above Ordinance. Mrs. Benjamin seconded. Carried unanimously. INVESTMENTS EUREKA SAVINGS Mr. Carlson moved to request the Town Treasurer to file a copy of all current contracts (and any contract in effect on September 25, 1986) with the Town Clerk. Mrs. Benjamin seconded. Carried unanimously. Discussion was held re deposit in Eureka Savings and it was noted that information is present in the Treasurer's report. ROUTE 85 SPECIFIC PLAN SUBCOMMITTEE APPOINTMENT Mayor Ventura appointed Mr. Carlson as a representative to the Route 85 Specific Plan Subcommittee. NOISY ANIMAL ORDINANCE Mayor Ventura stated he and a representative from Police Department would meet with Mr. Martinski and try to solve the problem re noisy animals. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 11:50 p.m. ATTEST: Rose E. Aldag Town Clerk