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M 05-02-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 2, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 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. APPOINTMENTS TO COMMUNITY SERVICES COMMISSION Mayor Carlson stated there are two (2) vacancies on the Los Gatos Community Services Commission. Applicants for the two vacancies are Diane B. Werp, Alan Orr and Erin Hickey. Present for interviews was Diane B. Werp. Mayor Carlson stated all applicants were qualified for the positions and would be nominated. Voting was held and receiving majority of votes and appointed to the Commission were Diane B. Werp and Erin Hickey. These appointments to said Commission are not for a full term but will fill the unexpired terms of Randy Danto and Carolyn Moniz. The terms of office to be decided at the Community Services Commission meeting. LOS GATOS MUSEUM COMMISSION APPOINTMENTS Mayor Carlson stated there are (3) vacancies on the Los Gatos Museum Commission. Applicants for the three vacancies are Dr. George Nuekam, Robert Olson, Alan Orr and Alice McCammon. Present for the interviews, which were held prior to the Council meeting, were Robert Olson and Alice McCammon. Mayor Carlson stated all applicants were qualified for the positions and would be nominated. Voting was held whereby Dr. Nuekam, Robert Olson and Alice McCammon received the majority of votes and were appointed to the commission and each will serve a three (3) year term. PRESENTATIONS Presentation for Centennial repayment and commendation to Randy Danto will not be made tonight and will be re-scheduled for the next Council meeting. CLOSED SESSION REPORT Town Attorney reported on Closed Session meeting held prior to tonight's Council meeting. Pursuant to Government Code Section 54956.9 (a) Council had met and discussed the litigation of Town v Caltrans and there is nothing to report from that discussion. Pursuant to Government Code Section 54956.9 (b) Council discussed the claim of Charles & Susan Nissan and made finding there is significant exposure to litigations and rescinded their previous authorization and authorized new settlement in the amount of $8,106.53. Council also discussed the claim of K.E. Moeckel and made the finding there is significant exposure to litigation and authorized settlement in the amount of $1,922.00. Attorney also reported that from the closed session meeting of March 14, 1988 there was an authorization of a settlement to Edith Klein in the amount of $6,500.00. It was not reported previously because settlement discussions were pending. SCHEDULE OF PUBLIC HEARINGS Informational report for Council on public hearings scheduled for future meetings. CALENDAR OF MEETINGS Information report for Council. PAYROLL OF APRIL 22, 1988 Mrs. Benjamin moved for approval of payroll of April 22, 1988 in the amount of $167,434.16 and payroll related warrants in the amount of $127,665.05. Mr. Ventura seconded. Carried unanimously. PLANNING REPORT Informational report for Council re monthly report for Commission and Planning Department BID AWARD ON SALE OF USED TOWN VEHICLES Mr. Hamilton moved to accept staff recommendation and award the sale of the used Police patrol vehicles as follows. Five (5) vehicles to Envireco of Elmhurst, New York in the amount of $15,495.00 and two (2) vehicles to John Koshinsky of San Jose in the amount of $6,590.70. Mr. Ventura seconded. Carried unanimously. Mr. Hamilton stated that before any further sales such as these, that staff inform the Council of the year, model and mileage on cars. AB 3348 (FLOYD) ALCOHOLIC BEVERAGE SALES Mrs. Benjamin moved to accept staff recommendation and letter be directed to the Assembly Governmental Organization Committee, for the Mayor's signature opposing this bill. Mr. Ventura seconded. Carried unanimously. TIME CAPSULE DEDICATION CEREMONY Informational report for Council re dedication ceremony date. Staff to look at some other date than May 20, 1988, as there is another event scheduled for that date. BMP HOUSING PROGRAM DEED RESTRICTIONS Staff requested this issue be continued to May 16, 1988 meeting. Mrs. Benjamin moved request be granted and continue this item to May 16, 1988. Mr. Ventura seconded. Carried unanimously. ALCOHOLIC BEVERAGE LICENSE TRANSFER Mrs. Benjamin moved to accept staff recommendation and approve the transfer of alcoholic beverage license for "At the Hop" restaurant. The new owner to be informed in writing of the nonconforming status of the restaurant. Mr. Ventura seconded. Carried unanimously. LATE CLAIM FOR P. FELLOWS Mrs. Benjamin moved to accept staff recommendation and accept the filing of a late claim for damages by Patricia Fellows. Mr. Ventura seconded. Carried unanimously. REJECTION OF CLAIM - FELLOWS Mrs. Benjamin moved to accept staff recommendation and reject the claim for damages filed by Patricia Fellows. Mr. Ventura seconded. Carried unanimously. CLAIM OF SCOTT LA BONTE Mrs. Benjamin moved to accept staff recommendation and reject the claim for damages filed by Scott La Bonte. Mr. Ventura seconded. Carried unanimously. TOP OF THE HILL ROAD # 6 ANNEX. Mrs. Benjamin moved for the adoption of Resolution No. 1988-70 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOP OF THE HILL ROAD #6 TO THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously. LOS GATOS BLVD. #11 ANNEXATION Mrs. Benjamin moved for the adoption of Resolution No. 1988-71 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOS GATOS BOULEVARD #11 TO THE TOWN OF LOS GATOS. Mr. Ventura seconded. Carried unanimously. AGREEMENT FOR CAL ID SYSTEM Mrs. Benjamin moved for the adoption of Resolution No. 1988-72 entitled, A RESOLUTION OF THE COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT TO PROVIDE LAW ENFORCEMENT AGENCY ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM AND TO APPROPRIATE AND SEND THE TOWN OF LOS GATOS' FINANCIAL CONTRIBUTION FOR THE SYSTEM TO THE CITY OF SAN JOSE FINANCE DEPARTMENT. This authorizes the manager to execute an agreement with Santa Clara County and the incorporated cities to provide Los Gatos law enforcement access to the California Identification System. Mr. Ventura seconded. Carried unanimously. HONORING THE FOUNDING OF THE ITALIAN REPUBLIC Mrs. Benjamin moved for the adoption of RESOLUTION NO. 1988-73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS HONORING THE 42ND ANNIVERSARY OF THE FOUNDING OF THE ITALIAN REPUBLIC. Mr. Ventura seconded. Carried unanimously. MUNICIPAL CLERK'S WEEK Mrs. Benjamin moved for the adoption of Resolution No. 1988-74 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING MAY 8 THROUGH MAY 14, 1988 "MUNICIPAL CLERK'S WEEK". Mr. Ventura seconded. Carried unanimously. REVERSION TO ACREAGE - 155 COLLEGE AVENUE JON ANDERSON Mrs. Benjamin moved for the adoption of Resolution No. 1988-75 entitled, RESOLUTION REVERTING AN EXISTING 4-LOT SUBDIVISION OF 1.121 ACRES BACK TO ACREAGE AND ELIMINATING ALL INTERIOR PROPERTY LINES ON PROPERTY IN THE R-1:8000 ZONE, REVERTING SAID SUBDIVISION TO ACREAGE, AND APPROVING A 3-LOT SUBDIVISION IN THE R-1:8000 ZONE (155 COLLEGE AVENUE - JON ANDERSON). Mr. Ventura seconded. Carried by vote of four ayes. Mr. Ferrito voting no. GRANT APPEAL DIMITROPOULOS 644 UNIVERSITY Mrs. Benjamin moved for the adoption of Resolution No. 1988-76 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL TO CONSTRUCT AND OPERATE AN AUTOMOBILE REPAIR FACILITY ON PROPERTY LOCATED IN THE LM ZONE (644 UNIVERSITY AVENUE - ANGELO AND ADEL DIMITROPOULOS). Mr. Ventura seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Ventura voting no. AMEND ZONING ON PROPERTIES AT 15298 & 15300 KENNED ROAD Mrs. Benjamin moved for the adoption of Ordinance No. 1749 entitled, 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. Ventura seconded. Carried unanimously. AMEND ZONING ON PROPERTIES AT 105 & 109 SPRECKLES AVE. Mrs. Benjamin moved for the adoption of Ordinance No. 1750 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP 139 FROM R-1:20 TO R-1:8 FOR THE PROPERTIES LOCATED AT 109 AND 105 SPRECKLES AVENUE. Mr. Ventura seconded. Carried unanimously. VERBAL COMMUNICATION Speaking from the audience was Douglas Lincoln, 100 Olde Drive. Mr. Lincoln stated he understood that partial engineering drawings for the Alma Bridge Road alternative has been submitted to the Town Engineering Department for review and he is requesting that no grading permits be issued on a peace meal or partial basis, but hold the issue of any grading permit only after the complete and finalized design has been submitted and reviewed in total. Town Engineer Zapf stated Town's policy is not to issue a grading permit until the full plans have been submitted and reviewed by the Engineer's office. To insure that they are in conformance with the applicable standards, including the Municipal Code. Mr. Zapf stated there are currently 72 conditions on that project and Engineer's office will insure that all the conditions are enforce. URGENCY ORDINANCE 1747 EXTENSION Mayor Carlson stated this was the time and place duly noted for public hearing to consider the extension of Ordinance No. 1747, AN URGENCY INTERIM ZONING ORDINANCE TO ESTABLISH A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NON RESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT ARE NON CONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. There being no one from the audience wishing to speak on this issue, Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Discussion was held on the number of times an urgency ordinance can be extended. After further discussion,Mr. Ventura moved to make the following finding to extend the Urgency Ordinance: a. There is a current and immediate threat to the public health, safety or welfare; b. The approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. The supportive evidence for these findings are included in Section 1 of the proposed Ordinance. Mr. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito voting no. Mr. Ventura moved to waive the reading of AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1747 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Hamilton moved for introduction and adoption of said Ordinance No. 1751 extending Ord. 1747 to November 21, 1988. No vote taken on the motion. Mr. Ventura then moved to introduce and adopt Ordinance No. 1751 extending Ord. 1747 to November 21, 1988. No vote taken on the motion. Mr. Ventura then moved to introduce and adopt Ordinance No. 1751 extending Ord. 1747 to March 17, 1989. Motion died for lack of second. Discussion was held on dates for extending the Ordinance and the cost to Town for renoticing if not extended for the full extension to March 1989. After further discussion Mr. Hamilton restated his motion to move for the introduction and adoption of Ordinance No. 1751 extending Ord. 1747 to November 21, 1988. Mr. Carlson seconded. Motion fails with vote of two ayes. Mr. Ferrito, Mr. Ventura and Mrs. Benjamin voting no. Mr. Hamilton explained his rationale for extending the Ordinance for only six months. Mr. Ventura stated he is willing to change his vote and wants record to reflect his objections. He feels this is wasting staff time to have to renotice for further extension of the Ordinance in six months, cost to the Town for readvertising and sees no productive use for making change in the extension date. Mrs. Benjamin stated she feels its wasting public funds for renoticing. Mr. Hamilton restated his motion for introducing and adoption of Ordinance 1751 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1747 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWNTOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. This extends Ordinance 1747 to November 21, 1988. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ferrito voted no. Public hearing will be scheduled for November 21, 1988. EXTENSION OF ORDINANCE 1748 Mayor Carlson stated this was the time and place duly published for public hearing to consider the extension of Ordinance NO. 1748 entitled, AN URGENCY INTERIM ZONING ORDINANCE CONCERNING USES WHICH WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. As reported from the Town Attorney that FPPC has indicated that this is the same subject matter as before and Mr. Hamilton will be voting as this is an extension of previous order. Mr. Ferrito stepped down from his chair. There being no one from the audience wishing to speak on this issue, Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Ventura moved to make the following findings to extend the Ordinance No. 1748: a. There is a current and immediate threat to the public health, safety or welfare; b. The approval of additional subdivisions,use permits. variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. The supportive evidence for these findings are included in Section 1 of the Ordinance. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Ventura moved to waive the reading of AN URGENCY ORDINANCE EXTENDING ORDINANCE 1748 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained.Clerk read title of ordinance. Mr. Ventura moved for the introduction and adoption of Ordinance 1752 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1748 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. This extends Ordinance 1748 to March 17, 1990. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Hamilton stated his reason for supporting this is that it will take in all businesses and we would not peace meal people, as it relates to parking. He feels that has been done and thats the reason for his support. APPEAL - LEE KAVANAUGH 213 EDELEN AVE. Mayor Carlson stated this was the time and place duly published for public hearing to consider an appeal of Planning Commission's denial of request for approval of plans for the remodeling and expansion of an existing residence and for an exception to the Development Standards of the Zoning Ordinance to permit the expansion in floor area of two secondary dwelling units in the R-1D- LHP zone. Property located at 213 Edelen Avenue and owned by Lee Kavanaugh. Randall Reedy, Attorney representing Lee Kavanaugh spoke on the improvements to the secondary dwelling units and answered questions of Council. council questioned as to whether permits were issue for the work on the secondary units. Building Official Watson stated no permits were issued. It was determined that the only permits taken out was for the foundation on the main house. Discussion was held on the size of the units. Also speaking on the appeal was Lee Kavanaugh and she answered questions of Council as to when improvements were done. Further discussion was held on the illegal expansion on secondary dwelling units without proper permits. It was consensus of Council that granting a variance for the secondary units improvements would be granting special privileges and be unfair to others who have not been allowed to improve their units. Mr. Reedy stated he feels the granting of a variance is justified in this situation and there are a number of conditions that Council could impose with respect to allowing a variance, as long as conditions are comparable to other conditions required by other people who have secondary dwelling units, then there is no granting of special privileges. There being no one else from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. After further discussion Mrs. Benjamin moved to deny the appeal based on the fact that the appellant has done other building in Town, is aware of rules and feels it would be unfair to allow this when others have not been allowed the same privileges. Mr. Ventura seconded and agreed with Mrs. Benjamin and cannot find the rationale and able to find the findings to support a variance. Motion carried by vote of four ayes. Mr. Hamilton voting no. Town Attorney to prepare appropriate Resolution for Council consideration at the next meeting. APPEAL-120 N. SANTA CRUZ AVE. J. GRECO Mayor Carlson stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's 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. Property located at 120 N. Santa Cruz Avenue; property owned by Joseph Greco. Business owners, Edward Storm and Emo Biagini. It was noted a letter had been received from Mr. Storm requesting continuance of this matter to June 6, 1988. There being no one in audience wishing to speak on this issue, Mrs. Benjamin moved to grant the request and continue this item to June 6, 1988. Mr. Ventura seconded. Carried unanimously. RECESS Mayor Carlson declare a recess. Meeting reconvened at 8:45. APPEAL - 761 UNIVERSITY AVE. PUBLIC STORAGE Mayor Carlson stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission denial of request of approval of plans for the construction of a mini-warehouse storage facility and for permission to have a single family residence for use by a resident manager on property in the LM zone. Property located at 761 University Avenue. Owner: Jon P. Anderson. Appellant: John Knott, Public Storage, Inc.. Planning assistant Don Ross gave Council a summary of what hearings Planning has held and action taken by Planning up to this date. Councilman Ventura stated that due to possible conflict of interest, he would not vote on this issue and stepped down from his chair. Mayor Carlson stated he had been absent from the previous hearing but had listened to the tapes and is eligible to vote on the issue. John Knott representing Public Storage spoke in favor of the appeal referred to previous action taken by the Planning Commission and how they erred and he urges Council to grant the appeal. Jessie Prout, 2 Monroe Court presented a petition with 97 signatures opposing the project as this plan does not comply with LM zone. Michael Holland, 135 Riviera Drive, stated he feels there are enough storage facilities in the valley and sees no need for further facilities. Richard Gaines, former Planning Commissioner, spoke on the Planning hearings and discussion when LM Zone was established. Jack Cassidy, Attorney representing Mr. O'Toole and Mr. Mason, spoke on the property merger. Others speaking on the issue were Randy Attaway; Matt Wheatfield; Robert Miller; Robert Grogan; Dirk Reed; John Griffin; Peter Siemens; Jim Zanardi; Chris Menkin; Robin Struthers. Mark Cowden spoke on advertisements in Phone books whereby Public Storage is advertising rental spaces in 1987 and 988 and yet they have not received approval to build the facility. Therefore urges Council to deny this appeal. Other speaking were Jon Anderson, owner of the property, who feels the facility would be an asset to the community;Peter Carter of 45 Broadway spoke as did Dale O'Toole, owner of the Los Gatos mini-storage; Steve Pace and Brian Miller. Mr. Knott, owner of Public Storage Inc. stated he feels Planning erred and urged Council to grant the appeal. There being no one else from the audience wishing to speak on the issue, Mr. Ferrito moved public hearing be closed. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ventura abstained. Council asked questions of staff re lot merger. Assistant Planer Don Ross answered questions of Council. After further discussion Mrs. Benjamin stated the Town does not regulate competition and vacancies of other similar facilities so those questions are not pertinent to this issue, the Town also does not regulate ownership. There was a merger of 5 lots into one which does not maintain the integrity of the LM Zone. Anyone is allowed to come into Town and conduct a business as long as they abide by the rules and regulations of the Town but her concerns are on the size and the scale of the project and therefore she would move to deny the appeal and uphold Planning Commission's decision. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Hamilton voting no and Mr. Ventura abstained. Town Attorney to prepare appropriate Resolution for Council consideration at the next meeting. RECESS Mayor Carlson declared a recess. Meeting reconvened at 11:25 p.m. MINUTES OF APRIL 4, 1988 It was consensus of Council to hold approval of the April 4, 1988 minutes to allow further corrections to be made as requested by Mr. Ferrito and brought back for Council approval at the next meeting. MINUTES OF APRIL 18, 1988 Mr. Ferrito asked for correction on Page 7 - Subject - APPEAL - 155 College Avenue - bottom of the page - the vote of the motion should read "Mr. Ferrito voted "no" for reasons stated earlier." Mr. Ventura asked for correction of page 8 - subject 0 APPEAL OF 644 UNIVERSITY AVE. 24th line down of the page to add "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." Other corrections made were to correct typo's. Mr. Ferrito moved for approval of the April 18, 1988 minutes as corrected. Mrs. Benjamin seconded. Carried unanimously. TREASURER RESPONSE TO AUDITOR"S MANAGEMENT LETTER Informational report for Council REPORT RE CONFIDENTIAL INFORMATION RE BMP UNIT PARTICIPATION Informational report for Council AMENDMENT OF ORDINANCE 1739 RE CERTIFICATE OF COMPLIANCES Mrs. Benjamin moved to accept staff recommendation to introduce the ordinance to make the nonsubstantive numerical changes as proposed. Mr. Ferrito seconded. Carried unanimously. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN CODE TO MAKE NONSUBSTANTIVE CHANGES TO THE LETTERING OF THAT SECTION WHICH ALLOWS CERTAIN CLASSES OF CERTIFICATES OF COMPLIANCE TO BE ISSUED BY THE TOWN ENGINEER AND PLANNING DIRECTOR. Mr. Ventura seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Ventura moved for the introduction of the Ordinance. Mrs. Benjamin seconded. Carried unanimously. ENFORCEMENT ON CODE VIOLATION REFERRALS It was consensus of Council to accept report on the referrals to Town Attorney for Code enforcement. REPORT ON TIME EXPANSIONS ON PLANNING APPLICATIONS Information report for Council. Council discussed the procedure in handling time extensions on Planning department applications and it was consensus of Council that the Town policy is that they would only extend applications if applicant can show extenuating circumstances. THIRD QUARTER BUDGET REVIEW Discussion was held on the Third Quarter Budget Review and Town Manager answered questions of Council members. Mr.Ventura moved to accept staff recommendation and make the following transfers: Transfer $17,621.00 from the Downtown Parking Fund 016-800-5110 to Engineering programs. This transfer represents personnel costs not charged to the Parking Fund as originally anticipated. Recreation District Lot Resurfacing - increase the appropriation for General Fund Appropriation Reserve 014-470-8355 from $10,000 to $20,000: and Shannon Road Sidewalk and Bicycle - appropriate $54,015 in General Fund Appropriated Reserve Account No. 014-470-8365 and decrease the appropriation in Gas Tax 2107 026-490-8318 from $63,000 to $8,985. Mrs. Benjamin seconded. Carried unanimously. TELEPHONE CRITERIA CONCEPT It was consensus of Council to hold this issue until May 16, 1988 for Council;s review of the Request for Proposal. RESTRUCTURING TRANSPORTATION COMMISSION Mr. Benjamin, Council representative, reported to council stated no specifics were reported but felt the Transportation Commission need restructuring. Discussion was held on the proposed letter drafted to David Fadness, Chairman of the County of Santa Clara Transportation Commission. The draft letter to be redone to include the recommendations as stated. This was done by consensus of Council. SECONDARY DWELLING UNIT PERMIT FEE WAIVER Discussion was held on request of Rose Anderson for waiver of application fees for a secondary dwelling unit permit due to lack of notice. Mr. Hamilton moved to establish a policy that entitles those property owners with written notice concerning an application deadline, and who do not reside within the general circulation of the San Jose Mercury, Los Gatos Weekly or Times Observer, to a waiver of application fees. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Ferrito voting no. BUS STATION LEASE AGREEMENT Discussion was held on the informational report for Council. staff is reviewing the Lease Agreement of the Bus Station and this will be coming back to Council as soon as possible. CONTINUANCE OF MEETING Mr. Hamilton moved to continue the meeting past midnight. Mr. Carlson seconded. Carried unanimously. MUSIC IN THE PARK PROGRAM Councilman Ventura questioned the possibility of holding the "Music in the Park" program in other parks rather than all being in Oak Meadow Park. Discussion was held on this whereby it was noted that there are no restroom facilities in the other, smaller neighborhood parks and parking is another concern when you consider the smaller neighborhood parks. Mr. Ventura moved to approve the Art Commission's proposal for a "Music in the Parks" program contingent upon the 12 conditions listed in the report. It is further recommended that Council consider whether or not to fund the project during the budget process for the 1988/1989 fiscal year. Mr. Ferrito seconded. Carried unanimously. PROJECT 8801 PLANS & SPECS APPROVAL Mr. Hamilton moved for the adoption of Resolution. 1988-77 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF A TRAFFIC SIGNAL CONTROLLER AT LOS GATOS BOULEVARD/SARATOGA AVENUE PROJECT NO. 8801. Mr. Ventura seconded. Carried unanimously. PROJECT 8717 EXPANSION OF SERVICE CENTER Discussion was held on the agreement between the Town of Los Gatos and Murdock & Associates, Architects for Professional Services in connection with expansion of the Service Center Office Building Project 8717. Councilman Hamilton moved to continued this item for two weeks to allow time for staff to look into the possibility of installing modular building (as to cost and the feasibility of their use). Mr. Carlson seconded. Carried unanimously. RECONSIDERATION BUDGETED HOURS FOR DEPUTY TREAS. Discussion was held on request for a supplemental budget appropriation to fund the Deputy Treasurer for additional hours per week for the remainder of the fiscal year. After further discussion, Mr. Hamilton moved to approve a supplemental appropriation of $4,860.00 from Account 014-900-4999 to fund 010-070-5130 to fund the Deputy full-time for the remainder of the fiscal year (in accordance with the Treasurer's 1988-89 budget). Motion dies for lack of a second. Mayor Carlson stated Council had received copy of Treasurer's and Deputy Treasurer's job description which is very useful to Council and would be willing to approve the funding of 10 hours a week for the Deputy Treasurer for the remainder of the fiscal year. Mr. Hamilton stated he would move to approve supplemental appropriation of $2,400.00 to fund the Deputy for 20 hours a week for the balance of the 1988-89 fiscal year. Motion died for lack of second. Mr. Hamilton then moved for supplemental appropriation of $1,170 from account no. 014-900- 4999 to account 010--070-5130. This would fund the Deputy Treasurer 10 hours per week for the remainder of the fiscal year of 1988-89. Mr. Carlson seconded. Carried vote of three ayes. Mrs. Benjamin and Mr. Ferrito voting no. Mrs. Benjamin reason for voting no was because the Treasurer had already spent his alloted amount, which send message to all other departments that its ok to overspend without approval. Mr. Ferrito voted no for the same reason stated by Mrs. Benjamin. ADJOURNMENT Mr. Hamilton moved meeting be adjourned at 12:30 a.m., Tuesday, May 3, 1988. Mrs. Benjamin seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk