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M 03-21-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 21, 1988 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, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENT LOS GATOS ARTS COMMISSION There is currently one vacancy on the Los Gatos Arts Commission. Applications were received from Paul Goreniuc and Frank A. Jelinch. Mayor Carlson stated a vote would be taken. Paul Goreniuc received the majority of the votes and was appointed to fill the unexpired term of Mickey Benson. Term expires July 1, 1988. PRESENTATION MICKEY BENSON Mayor Carlson presented Mickey Benson with a Resolution commending her for her service on the Los Gatos arts Commission since 1982. PRESENTATION DAVID R. GRANDEY Mayor Carlson presented David R. Grandey from Troop 577, with a Resolution commending him for attaining Eagle Scout. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported Council had met in Closed Session prior to this evenings meeting and pursuant to Government Code Section 54956.9(a) discussed Town vs VMS. No report from the discussion. WRITTEN COMMUNICATIONS a.A letter was received from Deborah Meade requesting a business license for a massage practice. Mr. Ventura moved to refer the request to the Town Manager for a report. Mr Hamilton seconded. Carried unanimously. b.The Los Gatos Bicycle Racing Club has requested approval to hold their 14th Annual Cat's Hill Classic Bicycle Race on Saturday, April 30, 1988. Mr. Ventura moved to refer the request to the Town Manager for a report. Mr. Hamilton seconded. Carried unanimously. c.A request for two hour parking zone was received from the tenants of the Los Gatos Professional Center located at 16579 Los Gatos-Almaden Road. Mr. Ventura moved to refer the request to the Town Manager for a report. Mr. Hamilton seconded. Carried unanimously. Mr. Ferrito requested a report on why there is a problem with the amount of parking required for the building. SCHEDULE OF PUBLIC HEARINGS The schedule of public hearings for future meeting is a Council informational report. Council requested the public hearing schedule for neighborhood meetings to discuss Route 85 be scheduled for April 11, May 9, May 23 and May 30, 1988. Staff to send notices of the meeting. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on 2862-30-49-86DR-88DR Aztec Ridge Jenkins Design Review The pool retaining wall shall be painted a dark earthtone color to blend in with the hillside. Mr. Hamilton seconded. Carried unanimously. PAYROLL & RELATED WARRANTS PAID 3/11/88 Mr. Ventura moved for the approval of the March 11, 1988 payroll in the amount of $172,457.20 and related warrants in the amount of $131,720.49. Mr. Hamilton seconded. Carried unanimously. WARRANTS FEBRUARY 1988 Mr. Ventura moved for the approval of the February 1988 accounts payable in the amount of $217,372.26. Mr. Hamilton seconded. Carried unanimously. ROUTE 17 ALTERNATIVE ACCESS Council informational report. CHERRY BLOSSOM TRAFFIC MANAGEMENT STUDY Consensus of Council to have Clerk set this item for public hearing. SECONDARY DWELLING UNIT APPLICATIONS Consensus of Council to continue this item to the April 4, 1988 Council meeting. SAFEWAY STORE 470 N. SANTA CRUZ AVENUE Council informational report. SEWER LINES 329 & 331 UNIVERSITY AVE. Mr. Ventura moved to direct staff to correct sanitary sewer line problems located at 329 & 331 University Avenue and coordinate with County Sanitation District #4 to implement the project. Mr. Hamilton seconded. Carried unanimously. LOS GATOS CREEK BICYCLE PATH FROM ROBERTS ROAD TO OLD TOWN Consensus of Council to continue this item to the April 4, 1988 Council meeting. Mr. Ventura questioned whether the Town should seek some right to title of properties involved. Mayor Carlson authorized Mr. Ventura to work with staff on this issue. INFORMATION SYSTEMS PLAN Consensus of Council to continue this item to the April 4, 1988 Council meeting. UNDERGROUND UTILITIES VILLAGE LANE, SANTA CRUZ AVE. & ROBERTS ROAD Council informational report. STAIRWAY & TOE WALL IN PUBLIC RIGHT-OF-WAY MARIPOSA AVENUE (HUGHMANICK) Mr. Ventura moved for the adoption of Resolution No. 1988-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE PERMIT TO MR. MICHAEL HUGHMANICK FOR THE MAINTENANCE OF AN EXISTING STAIRWAY AND AN EXISTING TOE WALL CONSTRUCTED IN A PORTION OF THE MARIPOSA AVENUE PUBLIC RIGHT-OF-WAY. Mr. Hamilton seconded. Carried unanimously. FISHER JR. HIGH PAINTING OF PARKING STALLS Mr. Ventura moved to authorize a supplemental appropriation in the amount of $3,000 from the General Fund Appropriated Reserve. Mr. Hamilton seconded. Carried unanimously. The funding will be directed to the Recreation District for the painting of the parking stalls in the existing parking lots at Fisher Jr. High School. SIGNAL CONTROLLER LOS GATOS BLVD. & SARATOGA AVENUE Council consensus to removed this item from the agenda. BIENNIAL INSPECTION OF BRIDGES Consensus of Council to continue this item to the April 4, 1988 Council meeting. SIGNALIZATION LARK AVE & HWY 17 REQUEST Council informational report. LOCAL GOVERNMENT FEDERAL EXCISE TAX EXEMPTION S 2062 (WILSON) Mr.Ventura moved to support Mayor Carlson's letter to Senator Wilson regarding support of S 2062 which would restore local government's federal excise tax exemption that was removed by the Tax Reform Act of 1986. Mr. Hamilton seconded. Carried unanimously. YOUTH ACTIVITIES GRANT ALLOCATION Mr.Ventura amoved to approve the Youth Advisory Commission's recommendation to grant funds from the Youth Activities Grant Fund to the Outdoor Concert Project in the amount of $2,549; and $1,500 to the Jewish Community Center for the presentation of a play. Mr. Hamilton seconded. Carried unanimously. YOUTH ADVISORY COMMISSION'S ALLOCATION FROM DANCE Jennifer Campsey (308 Nino Way), Chair of the Youth advisory Commission Dance Sub-Committee, answered Council's questions regarding the allocation of an additional $150 for the bands. Mr. Ferrito moved to send this back to the Youth Commission to choose the best band or come up with a resolution to divide the $150.00 Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. TOWN LOGO The Arts Commission requests Council to consider adopting a new Town logo. Mr. Hamilton would like an announcement put in the Town Crier that the Council is considering changing the new logo. RE-SALE OF TWO BMP UNITS Consensus of Council to continue this item to the April 4, 1988 Council meeting FUNDING TO COMPLETE COUNTY WIDE HAZARDOUS WASTE MANAGEMENT PLAN Mr. Ventura moved to authorize staff to forward letter from the Mayor requesting the County provide IGC and the cities with a budget to support the request for $100,000 to complete the County-wide hazardous waste management plan; defer transmitting a decision on a specific funding formula until the request for funding is justified. Mr. Hamilton seconded. Carried unanimously. 1988 SIDEWALK SALES DAYS The Chamber of Commerce has requested the use of sidewalks in the downtown area and use of the Town Plaza for the display and sale of merchandise on May 13, 14, & 15; July 15, 16, & 17; September 16, 17, & 18; and October 14, 15, & 16, 1988. The rain dates are May 20, 21, & 22; July 22, 23, & 24; September 23, 24 & 25; and October 21, 11, & 23, 1988. Mr. Ventura moved to grant the request with the conditions that the use of the Town Plaza shall be coordinated with the Police and Parks departments; no sale or consumption of alcoholic beverages; amplified music shall not exceed the noise tolerance levels of the noise ordinance; and delete the October dates. Mr. Hamilton seconded. Carried unanimously. S.C. COUNTY GRAND JURY REPORT REGARDING EMERGENCY PREPAREDNESS/HAZARDOUS WASTE Report on request for information from Santa Clara County Grand Jury regarding emergency preparedness/hazardous waste. Mr. Ventura moved to direct the Town Manager to forward a letter to Santa Clara County Grand Jury responding to their request for information. Mr. Hamilton seconded. Carried unanimously. AGREEMENT ASSIGN PARKING CITATIONS TO COMPUTIL Consensus of Council to continue this item to the April 4, 1988 Council meeting. AMNESTY AWARENESS WEEK Mr. Ferrito moved to drop this item from the agenda. Mr. Ventura seconded. Carried by a vote of three ayes. Mayor Carlson voted no. Mr. Hamilton was absent. CALIFORNIA TRAFFIC SAFETY WEEK Mr. Ventura moved for the adoption of Resolution No. 1988-60, entitled RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING CALIFORNIA TRAFFIC SAFETY WEEK MAY 22 - 28, 1988; and direct staff to notify the local newspapers of the proclamation. Mr.Hamilton seconded. Carried unanimously. EIR LONG'S DRUG - 15698 LOS GATOS BOULEVARD Mr. Ventura moved to continue this item to the April 4, 1988 Council meeting. Mr. Hamilton seconded. Carried unanimously. Staff to send letter so applicant will be aware that payment for the EIR Study fee does not guarantee approval. NONSUBSTANTIVE CHANGES TO NUMBERING OF SECTIONS IN ZONING ORDINANCE Mr.Ventura moved for the adoption of Ordinance No. 1746 entitled, AN ORDINANCE TO MAKE NONSUBSTANTIVE CHANGES TO THE NUMBERING OF VARIOUS SECTIONS OR REFERENCES. Mr. Hamilton seconded. Carried unanimously. NONSUBSTANTIVE CHANGES TO NUMBERING OF SECTIONS IN ZONING ORDINANCE Mr. Ventura moved for the adoption of Ordinance No. 1746 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO MAKE NONSUBSTANTIVE CHANGES TO THE NUMBERING OF VARIOUS SECTIONS OR REFERENCES. Mr. Hamilton seconded. Carried unanimously. VERBAL COMMUNICATIONS Mark Wagner, 100 Albert Court, questioned if items that are on consent calendar are brought before the public are? It was explained this was not correct and a person should contact a council member and the council member may pull the item from the consent calendar for discussion. APPEAL 155 COLLEGE AVE. JON ANDERSON Mayor Carlson stated this was the time and place duly noted to consider the continued appeal of 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-1:8000 Zone, M-80-35. Property located at 155 College Avenue; property owner, Jon Anderson. Mr. Ferrito moved to accept staff recommendation and continue this matter to the April 18, 1988 Council meeting to allow Council the opportunity to consider the application with the application for a 3-lot resubdivision of this site. Mr. Hamilton seconded. Carried unanimously. APPEAL 37 BROADWAY (SYLVESTER) Mayor Carlson stated this was the time and place duly noted to consider the appeal of Planning Commission denial of request for approval of revised plans for the addition to a two story garage structure and reduction of required side yard setback and width of garage in the R-1D-LHP Zone, S-86-53A, and V-87-7. Property located at 37 Broadway; owner, Daniel Sylvester. Staff recommends that the Town Council drop this matter since the revised Architecture and Site Application has been approved by the Commission and the variance request dropped. Mr. Ferrito moved to accept staff recommendation and drop the public hearing for 37 Broadway from the agenda. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito Requested an informational report in some detail of what was done. APPEAL 120 N. SANTA CRUZ AVENUE (BIAGINI) Mayor Carlson stated this was the time and place duly noted to consider the appeal of Planning Commission denial of request for approval of plans for construction of a commercial building and reduction of various development standards for construction of a parking lot in the C-2 Zone, S-86-56 and V-87-6. Property located at 120 N. Santa Cruz Avenue; property owner, Joseph Greco; business owner, Edward Storm and Emo Biagini. A letter was received from Storm Land Co., dated March 17, 1988, requesting a 30 day continuance. Mrs. Benjamin moved to continue this appeal to May 2, 1988. Mr. Ventura seconded. Carried unanimously. APPEAL 155 N. SANTA CRUZ (TOBIN) Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's approval for construction of a new one story commercial building, to merge existing properties into one lot and delete the rear yard required setback in the C-2 Zone, M-87-6, S-87-22 and V- 87-4. Property located at 155 N. Santa Cruz Ave., Developer Fair Oaks Associates. Owner, George Tobin. Mayor Carlson stated he would not be voting on this item because he did not receive a copy of the tape of the last Council meeting. Nick Vojvodich, Developer for the project, spoke on relocating the handicap parking space to meet the Town requirements and the covering for the space. He also read a portion of a letter from Carolina Cerutti, owner of Yogurt Creations, 151-A N. Santa Cruz Ave. Mr. Vojvodich requested that he be given one year from this evening to obtain the building permit. George Tobin, property owner, asked for clarification on whether Mr. Bowman, the appellant, was filing as the Chair of the DRC or as an individual. The Town Attorney responded that Mr. Bowman signed as Chair of the DRC and the appeal is not jurisdictional. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin moved to conceptually approve the appeal with the understanding it needs to be approved by both the Planning Director and Building Official; substantial construction must be in effect one year from today; final grading, drainage, parking lot, lighting and utility plans shall be provided. Lights in the underground parking area shall not project below the 7 foot minimum garage clearance; a lot merger shall be accomplished by Notice of Merger or Parcel Map; a two-year tree maintenance contract shall be established for the protection of newly planted trees; any work in the public right-of-way will require an Encroachment Permit; A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, and foundation design. A registered civil engineer, specializing in soil mechanics, should be included in the group that prepares this report; any curb, gutter or Villa Hermosa sidewalk damaged during the construction shall be repaired; the off-hauling of excavated material shall be limited to week days, between 9:30 a.m. and 2:30 p.m. Any damage to the street attributable to the dump truck traffic shall be repaired by the applicant; a well information questionnaire (available through the Town Engineer), shall be completed; the following improvements to Victory Lane shall be guaranteed by contract, Faithful Performance Security, Labor & Materialman's Security, insurance, and completed prior to the occupancy of any new building: Installation of new asphaltic pavement from a projection of the southernmost property line northerly to Nicholson Avenue; A grading permit will be required for construction of the underground parking garage; and in consultation with Jim Lewis provide a 15 foot by 20 foot covered handicap parking space to meet Town requirements. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson abstained. Mr. Ventura stated he would be open to looking at amending the handicap parking ordinance if it becomes a problem again. Mr. Hamilton commented on Variances and asked how the handicap parking ordinance can be changed. Mayor Carlson requests it be Council policy to send out a copy of a Council meeting tape, when a Council member is absent. URGENCY INTERIM ORDINANCE ESTABLISH TEMPORARY PROHIBITION FOR CERTAIN TYPES OF TO PROPERTY IN ROUTE 85 STUDY AREA Mayor Carlson stated this was the time and place duly noted to consider a proposed urgency interim zoning ordinance to establish a temporary prohibition on applications for certain types of improvements to property in the Route 85 study area. The study area includes all properties in and along the Route 85 Corridor for approximately one-fourth mile on either side. Susan Dietz, 14355 La Rinconada Drive; Janet Reynolds, 14345 La Rinconada Drive; Lou Dorsich, Architect for La Rinconada Country Club; Julius Fredrick, 224 Arroyo Grande; Mary Jo Lo Bue, property owner, 232 Elmwood Court; Dennis Jones, 228 Wedgewood Avenue; Jack Connell, 16270 Burton Road, submitted a letter in opposition of the ordinance; Mrs. Straub, 16605 Lark Avenue, representing Mr. Harvey; Paul Rygaard, 255 Prince Street, in favor of restrictions; Desmond Johnson, Oka Lane, make restrictions clear; Ron Vielicka, 104 Birchwood Court; Dennis Chambers, 1433 Mulberry Drive; Carl Bumpass, 14992 Winchester Boulevard; Kay Acres, 14301 La Rinconada Drive; and others spoke against this ordinance and asked questions pertaining to their property. No one else from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to table the urgency interim zoning ordinance. Mr. Ventura seconded. Carried unanimously. URGENCY INTERIM ZONING ORDINANCE ESTABLISH TEMPORARY PROHIBITION FOR CERTAIN TYPES OF IMPROVEMENTS NON- RESIDENTIAL PROPERTY BETWEEN SARATOGA AVENUE & BLOSSOM HILL ROAD WEST OF HWY 17 Mayor Carlson stated this was the time and place duly noted for public hearing to consider an urgency interim zoning ordinance to establish a temporary prohibition on applications for certain types of improvements to nonresidential property in the downtown specific plan area located west of State Route 17 between Saratoga Avenue and Blossom Hill Road. Ken Phiko, 627 University Avenue, spoke against this ordinance. Letter from the Los Gatos Chamber of Commerce was read into the record as follows, "March 7, 1988 Dear Mayor Carlson & Members of Council: The Board of Directors of the Los Gatos Chamber of Commerce support the recommendation of the Los Gatos Parking Commission to adopt the urgency ordinance, before you tonight, listed as item 36. This ordinance is for nonconforming properties in the area north of Saratoga Avenue to Blossom Hill Road which, without the approval of the ordinance, would become illegal. Additionally, the Board supports implementation of the ordinance for the maximum two year period to allow proper planning for this segment of the downtown and continuing operation of the businesses that are nonconforming as to parking. Thank you for your consideration of this request. Best regards, Rich Miller, President" No one else from the audience wished to speak on this issue. Mrs. Benjamin moved to close the public hearing. Mr.Ventura seconded. Carried unanimously. Mrs. Benjamin moved to make the finding that the urgency ordinance is necessary to protect the public safety, health and welfare as set forth in Section I of the ordinance. Mr. Ventura seconded. Mrs. Benjamin, Mr. Ventura and Mayor Carlson voted aye. Mr. Ferrito and Mr. Hamilton voted no. Motion failed because it requires a 4/5 vote to pass. Mr. Hamilton feels there is no direction in this district and all the options are open up to this point. Mr. Hamilton changed his vote. Motion carried by a vote of four ayes. Mr.Ferrito's vote remained no. The dates on page 3 of the ordinance are to be changed from March 16, 1988 to May 5, 1988 and on page 4 change April 21, 1988 to May 5, 1988. Mr.Ventura moved to waive the reading for AN URGENCY INTERIM ZONING ORDINANCE TO ESTABLISH A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT ARE NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD, (with dates amended). Mrs. Benjamin seconded. Carried unanimously. Sr. Deputy Clerk read the title of the ordinance. Mr. Ventura moved to introduce the ordinance. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. Mr. Ventura moved to adopt amended Ordinance No. 1747 entitled, AN URGENCY INTERIM ZONING ORDINANCE TO ESTABLISH A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT ARE NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. Clerk to set a public hearing for May 2, 1988 to extend the ordinance for 22 months and 15 days, and direct the Planning Commission and Parking Commission to study the possibility of amending the Downtown Specific Plan and developing additional solutions to resolve the parking deficiencies in the study area including the possibility that there might not be a problem in that area or just in certain parts of that area and investigate all possible solutions. APPEAL 300 BLOSSOM HILL ROAD (VASONA HILLS PARTNERSHIP) Mayor Carlson stated this was the time and place duly noted to consider Planning Commission denial for request for certification of a draft environmental impact report, EIR-85-1A, and request for change in zone from O, R-1:8,000 and RM:5-20 to R-1:8,000-PD in order to construct a 34 unit residential development on 10.2 acres of property at the southeast corner of Blossom Hill Road and Roberts Road. Property owner: Ed Nino and Vasona Hills Partnership. EIR-85- 1A and Zone Change Application Z-86-6. Continued from MARCH 7, 1988. Fred De Klotz 16158 Bachman Avenue, Attorney for the applicants, addressed the issues listed in the "desk item" report from staff. Steve Araydpour, applicant, presented a letter and illustrations explaining changes. Carl Bumpass, 14992 Winchester Boulevard, read the following from the State Practice of Architecture, "no drawings in any public hearings anything other than single family dwellings can be presented and heard". He asked if a decision is made can it be appealed? Mayor Carlson responded, "there is through the courts. But the drawings are subject to site and architectural approval. This evening Council is approving the EIR and Council has to make a finding of overriding concern and approving the site plan". The Town Attorney to check into this matter. John Lien, 196 College Avenue, an Architect and a member of the Planning Commission, feels this plan needs improvements; Que Maderzad, applicant, answered Council's questions; Dennis McConnel, 17480 Shelburne Way, Los Gatos Carpenters Business Representative, spoke in favor of the project because it would provide jobs; Philip Schwimmer, Architect at 6 N. Santa Cruz Avenue, Architect, feels there is a lack of design in the layout; and Nick Gasman, Calle Marguerita spoke on this issue. Mayor Carlson acknowledged the letter received from Ann Lamborn requesting the Town by the parcel. Council discussed the site plans, traffic circulation, traffic impact, style of houses visibility of houses, visibility of hills, parking, type of trees, affordable housing, and landscaping. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Staff to check if the architects for the project are licensed architects. Mrs. Benjamin moved for conceptual approval of 34 homes but return site plan to DRC and then the Planning Commission based on overriding considerations in that there will be the trails; open space; and single family housing which are within walking distance of schools; revision of the intersection at Roberts Road; includes Below Market Plan housing. Concerns to be addressed by the DRC are the visual aspects from Hwy 17 and Vasona; site plan in respect to parking; landscaping; size of the house to make sure they reach the affordability that Council desires; and single story on two of the houses. Site plan to create more openness in the way the houses are set up. Mayor Carlson seconded. Motion failed. Mrs. Benjamin and Mayor Carlson vote aye. Mr. Ferrito, Mr. Hamilton, and Mr. Ventura vote no. Mr. Ferrito is opposed to the motion because it does a disservice to the applicant because it gives them a "touchy feely" approval and sends them back to the DRC with no direction. Mr. Hamilton feels this is being nonproductive and agrees with Mr. Ferrito. Mr. Ferrito moved to certify that Council has reviewed and considered the information in the EIR and that the EIR has been completed in compliance with the requirements of CEQA and State and Town guidelines. Mr. Ventura seconded. Carried unanimously. Mr. Ferrito moved the Planning Commission erred in that they did not take into consideration the fact that this project meets a number of the traffic circulation and housing elements of the General Plan. Specifically, but not all inclusive, did not consider this would realign the intersection at Blossom Hill and Roberts; provide open space; provide a trail; provide more BMP units than minimum required; provide family housing of 2,000 sq ft; provide BMP units which are suitable for families; provide more affordable market base housing in town; access to schools without crossing major intersections. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin voted no. Mr. Ventura moved that changes or alterations have been required, in or, incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. These include preservation of the environment on the site; minimize the amount of houses on upper more visible portion of the property; minimal amount of grading on site; and preservation of most of the native trees on site. Mr. Hamilton seconded. Carried by a vote of three ayes. Mrs. Banjamin and Mayor Carlson voted no. Mayor Carlson stated the visibility aspect has not yet been fully dealt with. Mr. Ferrito made the finding that the specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives from the realignment of intersection nof Blossom Hill Road at Roberts Road to access to schools, as stated in the above motion . Mr. Ventura aseconded. Carried by a vote of three ayes. Mrs. Benjamin and Mayor Carlson voted no. Mayor Carlson and Mrs. Benjamin voted no because they felt visibility restrictions are feasible and are not yet incorporated in the site plan. Mr. Ferrito finds that the request is consistent with the General Plan and approve the request, incorporating the preliminary development plan as part of the Planned Development Ordinance. Motion died for lack of second. Mr. Ventura moved to refer this back to the DRC with the consensus it would have a maximum of 34 units including BMP; return with a draft PD ordinance and an amended preliminary development plan. the Amended preliminary development plan include provisions to limit visibility of structures upper level from Hwy 17 and Vasona Park with specific instruction to look at making a number of lots that should be limited to one story buildings to reduce visibility; parking on site with relation to dwelling units and houses; neighboring views of houses onto one another; required minimum of 1,000 sq. ft. for the BMP units; aalternate circulation plan; more interior landscaping in front of the houses; position of driveways and garages viewed from the street; and use natural colors and building materials throughout the project. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Hamilton voted no. MINUTES - MARCH 7, 1988 Consensus of Council to continue the approval of the March 7, 1988 minutes to the April 4, 1988 Council meeting. Consensus of Council to continue the approval of the March 14, 1988 minutes to the April 4, 1988 Council meeting. URGENCY INTERIM ZONING ORDINANCE RE USES WHICH WERE NONCONFORMING AS TO PARKING IN DOWNTOWN PARKING ASSESSMENT DIST. Mr. Bowman, Planning Director, stated this ordinance applies to all the area included within the boundaries of the Parking Assessment District. Mayor Carlson noted that due to a conflict of interest, Mr. Hamilton and Mr. Ferrito have been unable to vote on this issue and a coin toss will be necessary to select one of them to vote. Mayor Carlson directed the Sr. Deputy Clerk to toss a coin to select at random, one of the Council members to vote. The Sr. Deputy Clerk tossed the coin. Mr. Hamilton won the toss and took his place at the podium. Mrs. Benjamin made the finding that the urgency ordinance is necessary to protect the public safety, health and welfare as set forth in Section I of the ordinance. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mrs. Benjamin moved to waive the reading for AN URGENCY INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS TO ESTABLISH A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Sr. Deputy Clerk read title of the ordinance. Mrs. Benjamin moved to introduce urgency ordinance exhibit 1. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mr. Ventura moved for the adoption of Ordinance 1748 entitled, AN URGENCY INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS TO ESTABLISH A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. The Town Clerk is to set a public hearing for the May 2, 1988 Council meeting to extend the urgency ordinance for the remainder of the statutory limit of ten months and 15 days. WAIVER OF ARCH & SITE FEE - 15300 LOS GATOS BLVD. (ALLEN) Consensus of Council to continue this item to the April 4, 1988 Council meeting. CLAIM BRAD DAVIS Brad Davis spoke in support of this claim. Mr. Bryant, Parks Forestry and Maintenance Director, answered Council's questions. It was suggested Mr. Davis resubmit this claim with evidence. No action was taken on this claim. CONTINUANCE OF MEETING Mr. Ventura moved to continue the meeting past midnight. Mayor Carlson seconded. Carried unanimously. CITY CAB INSURANCE REQUIREMENT A letter was received from Festus Banjo, owner of City Cab, regarding reducing the liability insurance requirement of $1 millon for taxi cabs. Mr. Ferrito moved to accept staff recommendation and reaffirm the Town's $1 million liability insurance requirement for taxi cabs. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained, he is representing Mr. Banjo on an unrelated issue. ROUTE 85 VISUAL DESIGN GUIDELINES Mr. Will Kempton, representing the Santa Clara County Traffic Authority, answered question from Council and stated there was a video tape that shows the various configurations of soundwalls and function. Council questioned whether they could obtain a copy to show at the various neighborhood meetings. It was consensus of Council to forward the comments and recommendations by the Parks Commission and Planning Commission on Route 85 Guidelines with the following recommendations that there be landscaping on both sides of the soundwalls; texture and design of the soundwalls; lighting along the freeway and exits will effect the residents; and more treatment of the visual effects to the landscaping on the living side of the soundwall. Also look at alternative designs and treatment of the interchange at Hwy 17 and Route 85 to improve the visual aspects of the interchange. SECONDARY DWELLING UNIT APPLICATION EXTENSION 42 CENTRAL AVE. (RODMAN) Mr. Ventura moved to table this item. Mrs. Benjamin seconded. Carried unanimously. ADJOURNMENT Mayor Carlson declared the meeting adjourned at 12:35 a.m., tuesday, March 22, 1988. ATTEST: Rebecca L. Yates Sr. Deputy Clerk