Loading...
M 04-18-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 18, 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. PRESENTATION CAROLYN MONIZ Mayor Carlson present Carolyn Moniz a resolution commending her for her service on the Community Services Commission since 1985. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported Council had met in Closed Session prior to this evenings meeting. Pursuant to Government Code Section 54945.9(a) discussed the pending litigation of NCS vs Town. There is no report at this time from that discussion. Pursuant to Government Code Section 54945.9(b) discussion was held on potential litigation regarding the Mobilehome Relocation Ordinance. Council made the finding there was significant exposure to litigation and discussed the ordinance. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c) discussion was held on the institution of litigation regarding illegal units at 42 Central Avenue and the foreclosure on property at 131 Broadway and there is no report at this time. SCHEDULE OF PUBLIC HEARINGS Council informational report regarding up coming public hearings. APRIL 8, 1988 PAYROLL Mrs. Benjamin moved to approve the payroll in the amount of $171,042.33 and payroll related warrants in the amount of $112,546.05 Mr. Hamilton seconded. Carried unanimously. MARCH, 1988 WARRANTS Mrs. Benjamin moved for the approval of the March, 1988 warrants in the amount of $208,149.24. Mr. Hamilton seconded. Carried unanimously. CODE COMPLIANCE OFFICER'S THIRD QUARTER REPORT Informational report regarding the Code Compliance Officer's quarterly report for the period covering January 1, 1988 through March 31, 1988. NOTICE OF COMPLETION TRACT 8071 Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Tract 8071, Bella Vista Court. Mr. Hamilton seconded. Carried unanimously. NOTICE OF COMPLETION 17101 LOS ROBLES Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completionn and Certificate of Acceptance for 17101 Los Robles Way (Old National Financial Services). Mr. Hamilton seconded. Carried unanimously. TWO-HOUR PARKING 16579 LOS GATOS ALMADEN ROAD Mrs. Benjamin moved to accept staff recommendation and instruct the Planning Department to send a letter to the Cerrito Management Company regarding on- site parking for employees as required by their Conditional Use Permit and deny the request for two-hour parking at 16579 Los Gatos-Almaden Road. Mr. Hamilton seconded. Carried unanimously. PROJECT 8608 LOS GATOS BLVD. IMPROVEMENTS Council informational report. PLANNING DEPT. TIME EXTENSION PROCESS Consensus of Council to continue this item to the May 2, 1988 Council meeting. COUNCIL'S ACCESS CONFIDENTIAL INFORMATION RE BMP HOUSING Consensus of Council to continue this item to the May 2, 1988 Council meeting. ST. MARY'S SCHOOL JOG-A-THON Council informational report regarding St. Mary's School fund raising jog-a-thon to be held Friday, April 22, 1988. ARTS COMMISSION REQUEST FOR A PUBLIC ART ORD. Mrs. Benjamin moved that the Arts Commission be directed to investigate existing ordinance adopted by local jurisdictions regarding a Public Art Ordinance and report back to Council. Mr. Hamilton seconded. Carried unanimously. ALLOCATION FUNDS HUMAN SERVICES, ARTS, & EDUCATION PROGRAMS Mrs. Benjamin moved to approve the following schedule for allocation of funds to human service, art, and education programs: April 19, 1988 - Applications available May 2, 1988 - Applications due May 3 - 12, 1988 - Evaluation committee review May 19, 1988 - Community Services Commission Review June 14, 1988 - Town Council public hearing for allocation of funds Mr. Hamilton seconded. Carried unanimously. AMEND. ZONING ORD. ALLOWING CERTIFIED MASSAGE PRACTITIONERS Mrs. Benjamin moved to accept staff recommendation and take no action to amend the Zoning Ordinance. Mr. Hamilton seconded. Carried unanimously. ALCOHOLIC BEVERAGE LICENSES Mrs. Benjamin moved to accept staff recommendation for the following Alcoholic Beverage Licenses: Southern Comfort, 258 Union Avenue, approve the transfer. Mount Everest Fine Indian Cuisine, 412 N. Santa Cruz Avenue, grant the request. La Maison Du Cafe, 14103-C Winchester Boulevard, approve the application. Round Table Pizza, 57 N. Santa Cruz Avenue, approve the transfer. Chevys Mexican Restaurant, 15 1/2 N. Santa Cruz Avenue, approve the transfer and continue to monitor the use of the service bar. Mr. Hamilton seconded. Carried unanimously. DEVELOPMENT ALMOND GROVE ASSOCIATION A letter was received from Beth Zientek, President of the Almond Grove Neighborhood Association, regarding development issues and the character of the Almond Grove area. Mrs. Benjamin moved to accept staff recommendation and refer the letter to the Planning Commission for review and request that representatives meet with the Almond Grove Neighborhood Association. Take no action on the appointment of a Council representative to allow the planning Commission adequate review of the issues. Mr. Hamilton seconded. Carried unanimously. YOUTH ADVISORY COMMISSION ALLOCATION FOR A BAND Mrs. Benjamin moved to approve the allocation of $300.00 from the Youth Advisory Commission's deposit account for the cost of band participating in the Commission's May 1, 1988 Outdoor Concert. Mr. Hamilton seconded. Carried unanimously. FUNDING FUTURE OPEN SPACE ACQUISITION Mrs. Benjamin moved to accept staff recommendation that the Council support the concept of future open space acquisition in conjunction with Midpeninsula Regional Open Space District. Acquisition should be based on the Town's funding ability, and a review of the importance of land acquisition as related to other capital improvements needs. Mr. Hamilton seconded. Carried unanimously. RESIGNATION & RESOLUTION OF COMMENDATION RANDY DANTO Mrs. Benjamin moved to accept the resignation of Randy Danto, Community Services Commissioner with regret and adopt Resolution No. 1988-66 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING RANDY DANTO OF THE COMMUNITY SERVICES COMMISSION. Mr. Hamilton seconded. Carried unanimously. PURGE POLICE RECORDS Removed from the agenda at the request of staff. APPEAL 39 RESERVOIR ROAD (BAXTER) DENIED Mrs. Benjamin moved to adopt Resolution 1988-67, entitled, RESOLUTION DENYING APPEAL OF BUILDING OFFICIAL DECISION CONCERNING CODE CORRECTION REQUIRED FOR APPROVAL OF A SECONDARY DWELLING UNIT (39 RESERVOIR ROAD - NANCY BAXTER). Mr. Hamilton seconded. Carried by four ayes. Mayor Carlson abstained. PROCLAIMING MAY 18 INTERNATIONAL MUSEUM DAY Mrs. Benjamin moved for the adoption of Resolution 1988-68 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING MAY 18, 1988 AS INTERNATIONAL MUSEUM DAY. Mr. Hamilton seconded. Carried unanimously. PUBLIC HEARING 15298 & 15300 KENNEDY ROAD (NASH & FLUER) Mayor Carlson stated this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on Zone Change Z-88-3, requesting approval to adjust the zoning boundary between the two properties in the HR-2 1/2 and RC Zones and amending the resolution establishing an agricultural preserve to reflect the new property description. Property located at 15298 and 15300 Kennedy Road. Property owners, Robert & Betty Nash and Larry & Barbara Fluer. Agent, Ruth and Going, Inc. Mr. Ferrito requested the resolution and Land Conservation Contract should reflect the owners are requesting an amendment of the property description pursuant to a court order. No one from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to make the Negative Declaration. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin made the finding that Zone Change Z-88-3 is consistent with the General Plan and add this was being done pursuant to a court order. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 140 FROM RC TO HR-2 1/2 AND HR-2 1/2 TO RC FOR THE PROPERTIES LOCATED AT 15298 AND 15300 KENNEDY ROAD. Mr. Hamilton seconded. Carried unanimously. Sr. Deputy Clerk read title of the ordinance. Mrs. Benjamin moved the ordinance be introduced. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to adopt with amendment Resolution No. 1988-69 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING AN AMENDMENT TO RESOLUTION 1977-28, ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE TOWN OF LOS GATOS AND AUTHORIZING THE EXECUTION OF LAND CONSERVATION CONTRACTS, TO REFLECT THE NEW LEGAL DESCRIPTION OF THE PARCEL. Mr. Hamilton seconded. Carried unanimously. PUBLIC HEARING ZONE CHANGE 105 SPRECKLES AVE Mayor Carlson stated this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on Zone Change Z-88-2 requesting approval to adjust the zoning boundary between the two properties in the R-1:8000 AND R-1:20,000. Property located at 105 and 109 Spreckles Avenue. No one from the audience wished to speak on this issue. Mrs. Benjamin moved the public hearing be closed. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to make the Negative Declaration. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved to make the finding that the Zone Change Z-88-2 is consistent with the General Plan. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 139 FROM R-1:20 TO R-1:8 FOR THE PROPERTIES LOCATED AT 109 AND 105 SPRECKLES AVENUE. Mr. Ventura seconded. Carried unanimously. Sr. Deputy Clerk read title of the Ordinance. Mrs. Benjamin moved to introduce the ordinance. Mr. Ventura seconded. Carried unanimously. APPEAL 16000 MARCHMONT DRIVE (HILLBROOK SCHOOL) Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider appeal of Planning Commission's approval of plans for construction of multi-purpose building (Gymnasium/classrooms) on property in the HR-1 Zone, U-80-10-B and S-80-23B. Property owner, Hillbrook School; location 16000 Marchmont Drive. Appellants Hugh T. Thompson, Jeffrey A. Barnett, individually and on behalf of Ann Arbor-Wollin Homeowners Association and Homer L. Higgins. Mrs. Benjamin stated she would not participaate in the public hearing because she was on the Board of Directors for Hillbrook School last year and stepped down from her chair. Speaking in this issue was Jeffrey Barnett, 101 Wollin Way, in favor of Site E; Warren Heid, Architect representing the Ann Arbor/Wollin Homeowners Association; Robert Clements, Headmaster for Hillbrook School, in favor of Site F; Lee Higginson, 127 Ann Arbor Drive. concerned with loss of property value if Site F is chosen; Patricia Michael, 131 Ann Arbor Drive, in favor of site E and lives closest to the school; Suzanne Jackson, Grandview Drive, Monte Sereno, her daughter attends Hillbrook; Milton McLeod, 285 Marchmont Drive, in favor of Site F; Resident, 111 Wollin Way, concerned with view, sound, overflow parking, and opening Ann Arbor Way; Robert Derham, 100 Wollin Way, concerned with noise, and blockage of view. Mr. Bryant, Parks, Forestry and Maintenance Supervisor, answered Council's questions regarding the moving of trees and building near the drip line. Mr. Clements stated there would be the following events in the new facility, Holiday Celebration from. 7:00 to 9:00 p.m.; Spring Musical from 7:00-9:30 p.m..; a basketball tournament to 9:00 p.m., and four dances from 7:30 to 10:30 p.m. (no live bands). Mr. Barnett feels the Planning Commission erred because the parking plan does not conform with the ordinances; there would be an impairment to the integrity and character of the residential area; general welfare is being impacted; and the harmony between the application and the objective of the General Plan can be done with Site E and not Site F. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained. Mr. Ventura wants to find a way to enhance the "neighborliness" without impeding each other; does not want to put so many conditions on the use of the facility that the school will not get full use of it; will have neighbors constantly requesting the enforcement of the conditions if Site F is used; concerned with tree removal and environmental loss. He is leaning towards Site E. Mr. Hamilton feels the facility can be technically built on Site E but would alter the way the school is run; make Marchmont and Ann Arbor one way streets if Site E is selected and Site F keeps things the way they are and is in favor of Site F. Mr. Ferrito feels there are merits for both Site E and Site F. Believes there should be more technical data before he can make a decision and he would protect the neighborhood before protecting the trees. Mayor Carlson sees this as a people issue; three groups are affected, Ann Arbor/Wollin residents, neighbors on Marchmont and the students; impact on the students is better if Site F is chosen; Marchmont is better off with Site F; Ann Arbor/Wollinn is better off with Site E; either site would require grading, landscaping nd night events should be studied further. Mr. Hamilton moved to deny the appeal. Neighbors to meet with the School to discuss input on the landscaping plan, and architecture of the building. Council to see parking plan to make sure parking requirements are met. Limit events beyond 8:00 p.m. to two. Make the findings that the proposed uses are desirable to the public convenience or welfare in that this application will provide additional education services to the community, the proposed uses will not impair the integrity and character of the zone in that the HR zoning for this property permits a school and educational activities. Proposed uses will not be detrimental to public health, safety or general welfare in that the educational activity provided is consistent with the public health, safety and general welfare, and, proposed uses are in harmony with the various elements or objectives of the General Plan and the purposes of this ordinance and will provide an educational activity to the youth and a service to the community by way of a private educational function. Return to Council for discussion and final consideration at the May 16, 1988 Council meeting. Mayor Carlson seconded. Motion failed. Mr. Hamilton and Mayor Carlson voted aye. Mr. Ferrito and Mr. Ventura voted no. Mrs. Benjamin abstain. Mr. Ventura voted no because he is concerned about conditions that would restrict the use of the gymnasium and Site E would allow the use of the facility without restrictions, not because he is against the gymnasium. Mr. Ferrito voted no because he would like to see more development of the technical data. It was noted by Mayor Carlson that if there is no consensus vote for Site E the Planning Commission's decision for Site F will stand. Mr. Ferrito reluctantly changed his vote to yes on the above motion because otherwise the decision of the Planning Commission for the original Site F would be worse for the Ann Arbor residents than the current proposal and he is hopeful the residents and school will be able to work out their differences. Motion carried by a vote of three ayes. Mr. Ventura voted no and Mrs. Benjamin abstained. Mrs. Benjamin returned to her chair. RECESS Mayor Carlson declared a ten minute recess. Meeting reconvened at 9:50 p.m. APPEAL 155 COLLEGE AVE. (JON ANDERSON) Mayor Carlson stated this was the time and place duly noted to consider the appeal of Planning Commission's 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 (155 College Avenue - Jon P. Anderson) continued from March 21, 1988. Hearing to consider the request for approval of a modification to an approved 4-lot subdivision in the R-1:8000 zone to reduce the number of lots to three. Property owned by Jon P. Anderson and located at 155 College Avenue. Mayor Carlson stated, for the record, he had listened to the tape and reviewed the minutes in the packet and therefore will be eligible to vote. Linda Callon, representing Jon Anderson, spoke in support of reversing the approved 4-lot subdivision to a 3-lot subdivision and answered questions of Council. 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. Mr. Ventura feels the 4-lot subdivision should be reverted to acreage then approve the 3-lot subdivision so there will not be two recorded maps. Mayor Carlson agrees with Mr. Ventura. Mr. Ferrito stated the approval was granted seven years ago and things have changed. The Town has a traffic policy. There have been General Plan and Hillside Plan amendments that govern this type of property. He feels the Town gave once by giving the lot split without violating the traffic policy and now asked to give again. He supports Commissioners Uhl and Smith that this should be reverted to acreage; a new application can be made and if the Traffic Policy allows a lot split, then there could be a justified lot split. Mr. Hamilton feels that since Council told Mr. Anderson that they would approve a 3-lot subdivision this should be honored. The 3-lot subdivision should be processed the fastest way possible. Mrs. Benjamin agrees with Mr. Hamilton. Mr. Ventura made the finding, under Government Code Section 66499.16, that the prior subdivision has reverted to acreage and none of the improvements required to be made had been made within two years from the date the final parcel map was filed for record, or within the time allowed by agreement for completion of the improvements. No lot shown on the final map or parcel map have been sold within five years from the date such map was filed for record. Pursuant to Government Code Section 66499.17, retain the dedications that were previously required. Retain all previously paid fees. Retention of any portion of required improvement security or deposits necessary to accomplish the purposes of the division of the local ordinance adopted pursuant thereto. In accordance with Government Code Section 66499.17, retain the 30 foot wide half street dedication along the full frontage of the property for future street improvement. Retain the slope easements adjacent to and easterly of the proposed College Avenue right-of-way as shown on the Reversion to Acreage map. Retain all previously paid fees and waiver of current fee charges. Mayor Carlson seconded. Carried unanimously. Mr. Ventura moved for the approval of the 3-lot subdivision specifying the findings, pursuant to Government Code Section 66474, as follows: a)Proposed map is consistent with applicable general and specific plans in that a land locked parcel is not being created. b)Design or improvement of the proposed subdivision is consistent with applicable general and specific plans in that the existing housing stock will be maintained and that new housing will be provided. c)Site is physically suitable for the type of development since it is in a residential area. d)Site is physically suitable for the proposed density of development since the lots meet all zoning requirements. e)Design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat since the subdivision is located in an already developed area. f)Design of the subdivision or type of improvements is not likely to cause serious public health problems since it meets all Town requirements. g)Design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision since the building setbacks are outside of the easement. Approve conditions as recommended by the DRC as follows: 1.Final grading, drainage, masonry retaining wall, driveway, utility, interim and final erosion control plans shall be provided. 2.No grading or earth disturbing activities shall be initiated between October 1 to April 15. For grading operations commenced prior to October 1, all grading or earth disturbing activities shall cease October 15 and will not be allowed to restart until April 15. If final landscaping is not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan will be required to be instituted by October 1 an maintained throughout the October 1 to April 15 period. 3.A Grading Permit will be required for the construction of access road and free-standing retaining walls. 4.A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, retaining wall design, and erosion control. A registered civil engineer, specializing in soil mechanics, should be included in the group that prepares this report. 5.All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections should be coordinated with regular Town inspections. The soils engineer shall submit a final grading report prior to occupancy. 6.Any work in the public right-of-way will require an Encroachment Permit. 7.A well information questionnaire shall be completed. 8.A final map shall be filed. 9.Ingress-egress, storm drain, sanitary sewer and public utility easements as required shall be dedicated. 10.Curb, gutter and sidewalk retaining wall, tie-in paving and street lighting improvements at College Avenue shall be guaranteed by contract. Faithful Performance Security, Labor & Materialman's Security, insurance, and completed prior to the occupancy of any new building. 11.All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 12.Interim and final erosion control plans shall be prepared and submitted. 13.A two year Tree Maintenance Agreement shall be entered into. 14.Active cable television services shall be provided to each lot. 15.All lots shall be surveyed and monumented (set pipes) prior to construction. 16.Horizontal and vertical controls shall be set by a licensed surveyor or a registered civil engineer for pad location; finish floor elevation; foundation corner location; retaining wall, top-of-wall elevation, and location; and toe and top of cut and fill slopes. 17.Safety railing shall be installed on the top of the retaining wall at the fire truck turnaround area and back-up area on Lot 3. 18.All utility trenches within the driplines of existing trees shall be hand dug. 19.Architecture and Site approval shall be obtained and demolition of the residence shall be completed prior to recordation of the Final Map. 20.The requirement width and length of access roadway and fire department turnaround area shall not be obstructed in any manner, including parking of vehicles, "No parking" signs or other appropriate notice prohibiting obstructions shall be required and shall be maintained. 21.During the Architecture and Site Approval process, the residences shall be designed to provide to the extent feasible for future and active and passive or natural heating or cooling opportunities. 22.Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. 23.Access road and fire truck turnaround area shall be installed with an al- weather surface capable of supporting the imposed weight of fire apparatus, 35,000 pounds, prior to the issuance of any Building Permit. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no for reasons stated earlier, Town Attorney to prepare a Resolution for Council consideration at the next Council meeting. APPEAL 644 UNIVERSITY (DIMITROPOULUS) Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider an appeal of Planning Commission's denial of request for approval to construct and operate an auto repair facility on property in the LM Zone, U-85-26A and S-85-64A. Property located at 644 University Avenue; property owned by Angelo and Adel Dimitropoulus. Mayor Carlson stated for the record he had listened to the tape and reviewed the minutes in the packet and will be eligible to vote. Jack Cassidy, Attorney for the applicant, stated he has another matter pending before the last Council meeting and he had challenged Mr. Ventura because of conflict of interest and, he wants to remove any potential conflict of interest on this client. He was retained by this client at the conclusion of the previous Council meeting. Mr. Ventura stated he had voted on this item before Mr. Cassidy's involvement and his was continued because of a split vote (Mayor Carlson was absent). Mary Jo Levinger, Town attorney, stated there is no material conflict of interest that has been clarified with the FPPC. In this case, Mr. Ventura has already heard the evidence and has made a decision without any thoughts the applicant was represented by this particular Counsel. There has already been an action and it is up to Mr. Ventura. Mr. Ventura feels since he sat in on the public hearing at this point without a challenge being made he has a responsibility to vote. Mr. Ventura also objected to the applicant retaining Counsel with the intent to disqualify him from voting on this issue because of his previous no vote. A letter was received from John P. Cassidy, attorney for the applicant, requesting a continuance. He was advised by the Clerk's office this item would not be continued due to the number of times it has already been continued. Mr. Cassidy feels under Section 5.30.100 there was error on three grounds. 1)The basis of the Planning Commission's decision was the applicant had not reduced the size of the project. 2(Number of stalls and employees had not been reduced. 3)There was no overriding social need to compensate the increased traffic on University Avenue. Frank Bondonno, 248 Harding Avenue, spoke in support of the business. 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. Mayor Carlson accepted the fact there is reasonable evidence there was no traffic impact and this conforms to the Traffic Policy. Therefore, the Planning Commission erred. Mrs. Benjamin moved the Planning Commission erred in that the Traffic Policy has not been violated. Applicants data and the Tang studies read in totality help to show there will not be a traffic impact. It upholds the General Plan and the Downtown Specific Plan in that it is a resident serving business. Make the findings that the proposed use of the property is desirable to the public convenience because it provides a specialty auto repair service shown to cater especially to Town residents; will not impair integrity and character of the zone; is located in an existing industrial zone; would not be detrimental to public health, safety or welfare because the conditions of this permit are intended to reduce any unforeseen impact on the surrounding neighborhood; property is in harmony with the various elements or objectives of the General Plan and purposes of the zoning ordinances. As required by Section 5.20.045(6), in situations where traffic is added to project will not impact any of the critical roadways or intersections causing roadways or those intersections to exceed their available capacities. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voted no. Town Attorney to prepare appropriate Resolution for Council consideration at the next meeting. BLOSSOM HILL PARK NATIONAL TENNIS TOURNAMENT The Almaden Valley Athletic Club requested permission to hold a portion of the Boys and Girls National Tennis Tournament at Blossom Hill Park. Mrs. Benjamin feels that since these are los Gatos courts, one court should be open at all times for resident use and, a fee should be charged for maintenance of the courts. Emma Vargo, Chairman of the Park Commission and Ardith Sams, Park Commissioner spoke in support of the tournament. Lisa Franc, Director of the Almaden Valley Athletic Club explained the set-up for the tournament. Mr. Bryant stated there was no cost incurred for maintenance or Police services. Mayor Carlson feels the Park Commission should consider a fee for maintenance and would support this event this time. He would like to know how many rooms in Town are booked for this event. Mr. Ferrito believes that for four days a year the tennis players in Town could find an alternate place to play. But, the residents are paying for nice courts and a user fee should be charged. Mr. Hamilton moved to accept staff recommendation and approve the use of six tennis courts at Blossom Hill Park for a tennis tournament by the United States Tennis association to be held on July 11 through 14, 1988. The Park Commission to come back with an amended policy regarding a user fee for the use of the tennis courts and keeping at least one court open during tournaments for resident use. Carried by a vote of four ayes. Mrs. Benjamin abstained for reasons stated above. WAIVER OF FEE SECONDARY UNIT 74 BROADWAY Emela McLaren spoke in support of her request for the waiver of fees for a nonconforming second unit at 74 Broadway, stating all notices were sent to the incorrect address. Mr. Hamilton moved the request for waiver of fees for a nonconforming secondary unit at 74 Broadway be approved because the address was incorrect in the Santa Clara County Assessor Tax Roll. Mrs. McLaren did not receive any of the notices sent and, does not live within the general circulation of the San Jose Mercury, Los Gatos Weekly or the Time Observer. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito voted no. Mr. Ventura abstained. ROUTE 85 FREEWAY Will Kempton, Executive Director, Santa Clara County Traffic Authority, answered Council's questions regarding the number of parcels left to be purchased. Mr. Ferrito stated Council two years ago set conditions for the freeway and Council has not received a response. Letters should be sent to the legislators regarding the Town conditions for the freeway and, not enter into an agreement because Caltrans and the Traffic Authority have not satisfied the conditions set by the Town. Mayor Carlson agrees with Mr.Ferrito. Mr. Ventura doesn't see a reason to say no at this time nd doesn't see a reason to say yes if staff feels it is premature to accept staff recommendation. Mr. Ventura moved to have staff continue working with the Traffic Authority on redesigning of the interchange. Explore possibility of being able to agree to allow the Traffic Authority to proceed with the purchase of land. Ask the Traffic Authority to renegotiate with the City of Saratoga for an interchange. Write to elected representatives and Traffic Authority regarding the Town's conditions and, return to Council in 30 days. Mr. Ferrito seconded. Carried by four ayes. Mr. Hamilton voted no. CONTINUE MEETING Mr. Hamilton moved to continue the meeting past midnight. Mayor Carlson seconded. Carried unanimously. SECONDARY DWELLING UNITS Mayor Carlson moved that as the Town pursues the secondary units that remain in Town that have not filed for permits. The Council allow those people to come in, with a fee, and apply following the rules listed in the current plan for new secondary units. They will have to prove they were existing before 1983. No action taken of Mayor Carlson's motion. Mr. Ventura moved for consensus to direct staff to prepare an ordinance amendments regarding the elimination for the provision of new secondary units. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton and Mayor Carlson voted no. Mayor Carlson moved to allow the existing illegal units built before 1983, to apply with a fee to be determined by staff, under the rules currently listed in the General Plan for new secondary dwelling units. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. Mayor Carlson moved to grant staff authority to grant extensions when they believe the work is progressing adequately and bring enforcement action to the Council if staff feels the work is not being done in a timely manner. Staff to report back to Council. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mr. Ventura abstained. Mr. Ventura left the meeting at 12:40 a.m. Mayor Carlson moved to grant a one year extension to complete housing code requirements for a second unit at 17231 Wedgewood Avenue because of the uncertainty Route 85 may have caused the applicant. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mr. Ventura was absent. MINUTES MARCH 7, 1988 Mayor Carlson request page 5, item Appeal - 16000 Marchmont Drive, Hillbrook School, line 7, change "facts" to "impacts". Mrs. Benjamin moved the minutes of March 7, 1988 be approved as corrected. Mayor Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. MINUTES MARCH 14, 1988 Mr. Ferrito moved the minutes of March 14, 1988 be approved as submitted. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. MINUTES MARCH 21, 1988 Mayor Carlson requested page 1, Presentations - David R. Grandey, end sentence after the word " Scout". Mrs Benjamin moved the minutes of March 21, 1988 be approved as corrected. Mayor Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. MINUTES APRIL 4, 1988 Consensus of Council to continue the approval of the minutes to May 2, 1988 Council meeting. AUDIT MANAGEMENT LETTER TO TOWN TREASURER Consensus of Council to continue this item to the May 2, 1988 Council meeting. Staff to find out why the letter was dated December 24, 1987 but not stamped received until March 22, 1988. ORDINANCE RE NUMBERING OF SECTION IN TOWN CODE. Consensus of Council to continue this item to the May 2, 1988 Council meeting. REFERRALS TO TOWN ATTORNEY FOR CODE ENFORCEMENT Consensus of Council to continue this item to the May 2, 1988 Council meeting. RESTRUCTURING OF TRANSPORTATION COMMISSION No action taken IGC REQUEST RE FORMULA FOR TANNER WASTE MANAGEMENT PLAN Mr. Ferrito moved to authorize the Mayor to forward a letter to IGC approving a funding formula for the Tanner Waste Management Plan spreading the cost based on A) 1/3 of the fee split evenly between all cities to cover a basic cost of preparation of the plan; and b) 2/3 of the fee split on a pro-rated basis of hazardous waste generated. Mr. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. This results in a fee to Los Gatos of $2,204 and a supplemental appropriation from General Fund Appropriated Reserve. IGC REQUEST FOR MEMBERSHIP FEE Mrs. Benjamin moved to authorize the Mayor to forward a letter to the Intergovernmental Council (IGC) opposing a membership fee. Mayor Carlson seconded. Carried by a vote of four ayes. Mr. Ventura was absent. IGC REQUEST FOR TOWN POSITION ON AIDS ANTI-DISCRIMINATORY ORDINANCE No action taken. IGC REQUEST FOR SUPPORT ON TOBACCO TAX No action taken. IGC REQUEST FOR APPOINTMENT TO ALCOHOLISM ADV. BD. & EMERGENCY MEDICAL CARE COMMISSION Consensus of Council to notify the hospitals and newspaper and Jerry Calloway of Chemical Dependency regarding openings on the Board and Commission ADJOURNMENT. Mr. Hamilton moved the meeting of April 18,1988 be adjourned at 12:50 a.m., tuesday, April 19, 1988. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr.Ventura was absent. ATTEST: Rebecca L. Yates Sr. Deputy Clerk