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M 11-21-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA NOVEMBER 21, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:30 p.m., in regular session. ROLL CALL PRESENT: Joanne Benjamin, Thomas J. Ferrito, Robert L Hamilton, and Eric D. Carlson. ABSENT: Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance, led by Cub Scout Pack #502. SELECTION MAYOR & VICE MAYOR Mr. Ferrito nominated Vice Mayor, Joanne Benjamin, for the office of Mayor, seconded by Mr. Hamilton. Carried by a vote of three ayes. Mrs. Benjamin abstained. Mr. Ventura was absent. Mr. Carlson nominated Mr. Ferrito for the office of Vice-Mayor, seconded by Mrs. Benjamin. Carried by a vote of three ayes. Mr. Ferrito abstained. Mr. Ventura was absent. Mr. Carlson turned over the chair to Mayor Benjamin. APPOINTMENTS SEISMIC SAFETY COMMISSION Applications were received from Joseph L. White, 211 Glen Ridge Avenue and Frank M. Yamaji, 16200 Azalea Way. Voting was held and Joseph L. White was appointed to the vacancy on the Seismic Safety Commission for a Downtown property owner. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, reported pursuant to Government Code Section 54956.9(b), to discuss threatened litigation. Council made a finding of significant exposure to litigation and discussed threatened litigation with Los Gatos Mobile Home Park. There was no report from that discussion. Pursuant to Government Code Section 54956.9(c), discussion was held on a number of items. Regarding the HVAC system and Honeywell, there was no report from that discussion. Discussion was held on institution of litigation regarding zoning violation at 42 central Avenue. There was no report from that discussion. Discussion was held regarding institution of litigation of grading and building violations on Suview Dr. There was no report from that discussion. Items regarding institution of litigation concerning property acquisition for the Downtown Parking District and institution of litigation concerning Villa Vasona were not discussed. They will discussed in Closed Session on November 28, at 7:00 p.m. Personnel was not discussed. BOND SALE PARKING DIST. It vas the consensus of Council to continue this item to 6:00 p.m. Tuesday, November 22, 1988 to enable Councilman Ventura to vote. BID AWARD UNMARKED POLICE VEHICLES It was the consensus of Council to accept staff recommendation to continue this item to the December 5, 1988 Council meeting. PUBLIC HEARINGS SCHEDULE Council informational report regarding upcoming public hearings scheduled for future meetings. COUNTY REFERRALS Mr. Carlson moved to accept the County Referrals as follows: 16801 Sheldon Road, #3810-26-51-88DR, approve, subject to a condition that the walls of the existing porch remain; regarding 19455 Black Road,County Referral #3796-24- 47-88DR, no comment; regarding 15936 Linda Avenue, 2870-32-53-896B-088V, forward a recommendation for denial to the County; regarding 15811 Cherry Blossom Lane, #3754-31-53-88V, forward a recommendation for denial. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. PAYROLL NOV. 18, 1988 Mr. Carlson moved to accept the payroll for November 18, 1988, in the amount of $175,510.30; and payroll-related warrants for November 18, 1988, in the amount of $118,965.37. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. ACCOUNTS PAYABLE Mr. Carlson moved to approve accounts payable for the month of September, 1988 (paid on October 10, 1988) continued from 11/7/88 in the amount of $443,189.18, and approve accounts payable for the month of October, 1988 (paid November 10, 1988) in the amount of $508,314.93. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes, Mr. Ventura absent. SECONDARY UNIT MONTHLY REPORT Council informational report. TOWN COUNCIL MEETING SCHEDULE Mr. Carlson moved to amend Annual Council Calendar to reflect January 30, 1989 joint workshop with the Planning Commission and the Historic Preservation Committee; and amend calendar to reflect public hearings on Route 85 on January 9th and January 23rd. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. ALCOHOLIC BEVERAGE LIC APP Mr. Carlson moved to accept the recommendation of staff to approve the transfer of an on-site beer and wine license from Pistacio's Delicatessen to applicant, Steven M. Barron at 468 N. Santa Cruz Avenue; and to accept the recommendation of staff to approve the transfer of Off-Sale Market General Liquor License for Alpha Beta Market to Quality Plus super market, 423 N. Santa Cruz Ave. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. CERTIF OF ACCEPT NOTICE OF COMPLETION 15313 WINCHESTER Mr. Carlson moved to authorize the Mayor to execute, and the Town Clerk to record, a Certificate of Acceptance and Notice of Completion for 15313 Winchester Blvd - JLR Properties. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Ferrito abstained stating he had not seen a copy of the report. Mr. Ventura absent. REPORT: CENTRAL FIRE DIST It was the consensus of Council to continue to December 5, 1988. INFORMATION & REFERRAL SERVICES REPORT Council informational report. Mr. Hamilton requested clarification from staff regarding referral services. Staff to bring back report on December 5, 1988. APPROVAL OF SITE SPACE DANCE FOR PEACE Mr. Carlson moved to approve installation of the Paul Goreniuc sculpture, SPACE DANCE FOR PEACE IV, at the Civic Center lawn site (the sloping lawn on west side between flagpole and bus shelter near side street.) Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Ventura absent. REPORT: EMERGENCY HOUSING CONSORTIUM Mr. Carlson moved to approve Community services Commission's recommendation to allocate to the Emergency Housing Consortium Family Living Center the $5,000 which Council earmarked for emergency housing during the Community Grants budget hearing on June 14, 1988. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. REPORT: GREEN VALLEY PERFORMANCE AUDIT Council informational report. PARKING RESTRICTION HERSHNER DR Council informational report. Mr. Carlson reported he had received a letter from the residents on Hershner Drive near the Stop & Go Market thanking the Council for working with them on this issue. PEDESTRIAN CROSSWALK SARATOGA AVE. MASSOL Council informational report. BUS STOP 214 SARATOGA AV. Mr. Carlson moved that Council leave the existing bus stop at 214 Saratoga Avenue status quo. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. SPEED UNDULATORS NEW YORK AVE Mr. Carlson moved to approve request of Mr. Milton Shore for speed undulators on New York Avenue between Pleasant Street to the end of New York Avenue at the State right-of-way fence (Route #17). Mr. Hamilton seconded. Mrs. Benjamin requested staff to notify Milton Shore and Mildred Volker of the Girl Scouts. Carried by a vote of 4 ayes, Mr. Ventura absent. BID AWARD AIR CONDITION Mr. Carlson moved to accept staff recommendation and waive the formal bid process for the acquisition of an air conditioning system by making the following findings: Due to the urgency in sequence with the installation of the telephone system, that an accelerated air conditioning acquisition process is required; Due to the unique requirement for the coordinated installation of both systems in a short time frame, that qualified firms are needed to provide price quotes; A broad range of qualified bidders were contacted to ensure a sufficient number of price quotes; The lowest responsive quote was selected for award of contract; Adopt Resolution No. 1988-206 entitled RESOLUTION AUTHORIZING TOWN MANAGER TO ENTER INTO AGREEMENT WITH REDWOOD GENERAL MECHANICAL FOR INSTALLATION OF STAND-ALONE AIR CONDITIONING SYSTEM. Mr. Hamilton seconded. Carried by 4 ayes, Mr. Ventura absent. Mr. Ferrito requested clarification regarding placement of the air conditioning system. Town Manager explained that the unit would be placed near the handicapped ramp. RESOLUTION HOUSING ASSIST 3 YR PLAN Mr. Carlson moved to adopt Resolution No. 1988-207 entitled TOWN OF LOS GATOS RESOLUTION AUTHORIZING SUBMITTAL OF A THREE YEAR HOUSING ASSISTANCE PLAN TO THE COUNTY OF SANTA CLARA AND HOUSING AND URBAN DEVELOPMENT; and approve the Three Year (10/1/88-9/30/91) Housing Assistance Plan and FY 1989-90 Annual Plan for submittal to the County of Santa Clara for inclusion in the County Housing Assistance Plan to be submitted to the Department of Housing and Urban Development. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. RESOLUTION HISTORY GRANT FORD OPERA HOUSE Mr. Carlson moved to adopt Resolution No. 1988-208 entitled TOWN OF LOS GATOS RESOLUTION APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHEOLOGY GRANT FUNDS FOR FORD OPERA HOUSE PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. RESOLUTION-FETSIM BLOSSOM HILL TRAFFIC SIGNALS Mr. Carlson moved to adopt Resolution No. 1988-209 entitled RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN AND TJK TRANSPORTATION CONSULTANTS FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THREE TRAFFIC SIGNALS ON BLOSSOM HILL ROAD AT ROBERTS ROAD, CAMELLIA TERRACE AND CHERRY BLOSSOM LANE AND THE SIGNAL TIMING STUDY FOR THE FETSIM GRANT, and Resolution No. 1988-210 entitled RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN AND CALIFORNIA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT GRANT. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes, Mr.Ventura absent. RESOLUTION-SCHOOL DIST ATHLETIC FIELDS Mr. Carlson moved to adopt Resolution No. 1988-211 entitled RESOLUTION AMENDING RESOLUTION NO. 1988-211 ENTITLED resolution amending resolution no. 1988-187 APPROVING THE AGREEMENT WITH LOS GATOS UNION SCHOOL DISTRICT, LOS GATOS UNITED SOCCER LEAGUE, LOS GATOS LITTLE LEAGUE, AND LOS GATOS-SARATOGA DEPARTMENT OF COMMUNITY EDUCATION AND RECREATION FOR MAINTENANCE OF SCHOOL DISTRICT ATHLETIC FIELDS. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes, Mr. Ventura absent. REZONING WILLIAMSON ACT It was the consensus of Council to continue to December 5, 1988 meeting. RESOLUTION-DENY APPEAL: FIRST KOREAN CHURCH Mr. Carlson moved to adopt Resolution No. 1988-213 entitled RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION AND ARCHITECTURE AND SITE APPLICATION REQUESTING PERMISSION TO INCREASE THE SEATING AND NUMBER OF PARKING SPACES AND TO MAKE A SECOND STORY ADDITION TO AN EXISTING CHURCH ON PROPERTY IN THE R-1:8000. (15344 NATIONAL AVENUE SAN JOSE FIRST KOREAN CHURCH OF THE NAZARENE). Seconded by Mr. Hamilton. Carried by a vote of 4 ayes, Mr. Ventura absent. REGULATORY FEE RENT MEDIATION Mr. Carlson moved to adopt Ordinance No. 1766 entitled AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 24.60.010 OF CHAPTER 24 OF THE TOWN CODE TO DECREASE THE REGULATORY FEE. Mr. Ferrito questioned staff if fee reduction will be passed through. Staff reported that property owners will be notified and asked to pass along reduction to tenants. A follow up will be reported to Council in six months. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. FRONT & SIDE YARD SETBACKS Mr. Carlson moved to adopt Ordinance No.1767 entitled AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE REQUIRED FRONT AND SIDE YARD SETBACKS ABUTTING A STREET IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Ventura absent. URGENCY ZONING TEMPORARY PROHIBITION DOWNTOWN PKG AREA Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the extension of Ordinance No. 1751`, 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 NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD. Mayor Benjamin commented that this item would probably be continued but since it is a public hearing, anyone present would be heard. Mayor Benjamin commented that she and Mr. Hamilton had been contacted by Mr. Dennie Ashby from Walgreens. He stated that he was in favor of this Ordinance. Mr. Rex Morton, 51 University Avenue, Suite I, and Chairman of the Parking Commission addressed the Council to recommend that this Ordinance be continued. He commented on the letter from Planning Commission to people affected and said that the Parking Commission had good response and stated that due to length of litigation regarding the Parking District, the Commission has not undertaken that study and would like to have time to take this matter up when the Assessment District business is finished, and work with the individuals involved. He feels this would be an orderly approach to meeting this requirement. Mr. Ferrito questioned if Commission intends to proceed from here on out based on fact that litigation has been successfully resolved at the trial court level and that Council has been advised by staff that it may proceed with the issuance of bonds. Mr. Morton stated other questions to consider are the parking devices, cost of parking, management, where devices will be and feels it will be next March before the Commission finishes all of this. By that time, the engineering staff will have completed their work. Mr. Morton informed Mr. Ferrito the Commission would start as soon as possible. No one else from the audience wished to speak, Mayor Benjamin announced that this will be continued. Mr. Hamilton moved that this matter be continued to November 28, 1988. Mr. Carlson seconded with request the Mr. Ventura be provided with a tape of this proceeding. Carried by a vote of 4 ayes, Mr. Ventura absent APPEAL-17471 WEDGEWOOD Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the appeal of the Planning Commission's approval of a two lot subdivision of property in the R-1:8000 zone, M-88-11. Property Owner: John Anastasia; applicant, F. Dennis Burrow, AIA. Property located at 17471 Wedgewood Avenue. Dennis Chambers, spoke of his appeal to the subdivision of the property. He stated he is not against Mr.Anastasia building one house on the property, but is against splitting the property. He likes the large lots and country atmosphere of the area and feels allowing the subdivision would be a starting point for other developers. He has concerns that future owners of a subdivided property could subdivide again. Questioned meaning of "Landlock." Lee Bowman, Planning Director, explained that a landlocked parcel does snot have any direct access to a street or road; access is from someone else's property. Mr. Chambers expressed concerns regarding traffic problems. Robert Bryant, Director of Parks, Forestry & Maintenance responded to Mr. Chambers comments regarding sewage problems in this area. Mr. Bowman commented on Route 85 element of the General Plan. Mr. Dennis Burrow, AIA, responded to comments made by Mr.Chambers and explained proposed design and commented on complaints of sewer problems. Mr. Hamilton requested clarification of applicant's plan for the property. Property owner, John Anastasia spoke regarding future plans for the property. Martin Tidwell, 14322 Mulberry, spoke regarding this property and the sewer situation, stating he has no objection to the project. Cristy Tidwell, 14322 Mulberry, delivered two letters to Council from Laurie Long, 14330 Mulberry and Virginia Fennell, 14316 Mulberry. Ms. Tidwell commented that the project would improve the neighborhood and bring in families to the neighborhood. Dorothy Darpino., 17431 Wedgewood, spoke of her concern of subdividing the property and the effect on the total neighborhood. Mr. Hamilton requested information on landlocked parcels in this area. Barbara Kettmann, 17391 Wedgewood, questioned how many properties could be subdivided in this area, requested research on impact of traffic, noise pollution of Rt. 85 and keep to the General Plan. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing with comment that a better understanding is needed of the potential in area referred to by the General Plan relating to Wedgewood Avenue. Mr. Ferrito agreed, referring to Sec. 2.4.7 of the General Plan, and would like to see a short study done. The motion died for lack of a second. Mr. Carlson moved to continue this to December 19, 1988, asking staff to report back on the surrounding vicinity, particularly on the property in the area of the 1/4 mile area corridor, how much traffic impact there will be with those lots. Mr. Ferrito seconded. Carried by a vote of 3 ayes, Mr. Hamilton voted no, Mr. Ventura absent. Mayor Benjamin requested anyone wishing a copy of the study to give their name and address to the planning Director. 300 BLOSSOM HILL NINO & VASONA HILLS Mayor Benjamin stated this was the time and place duly noted for public hearing to consider the certification of a draft Environmental Impact Report EIR-85-1A, and a change in zone from O, R-1:8000 and RM-5:20 to R-1:8000-PD, Z-86-6, in order to construct a 33 unit residential development on 10.2 acres of property at the southeast corner of Blossom Hill and Roberts Road. Location: 300 Blossom Hill Road. Owners: Ed Nino and Vasona Hills Partnership. Mr Hamilton stepped down due to potential conflict of interest, having done business with the property owner. Bruce Bowen, Ainsley Development, 16191 Woodacre Rd., spoke on the objectives of the project. Michael Dillon, AIA, 405 Alberto Way, presented a slide presentation of the design process including driveways, pedestrian walkways and landscaping. Mr. Ferrito questioned the common driveway plan. Mr. Bowen commented that a Homeowners Association was planned to help with this. Linda Callon, 99 Almaden Ave., San Jose, representing applicant spoke on the issue of zoning change, project density and market value of units, improvements to Vasona Park area and preservation of the Nino house. Benjamin Gullardi, 103 Cedar Crest, Realtor, spoke on the profile of people who would buy these homes and complimented the planning and design. Alicia Borella, 1 Monroe Court, spoke of her concern about the development going in and the effect on Roberts Road with increased traffic and the loss of the rural look of the area. Mr. Ferrito commented on whether fewer units would affect reduction in commercial traffic on the bridge. Mr. Carlson asked about one-way traffic toward the stop light on Roberts Rd. Anne Lamborn, 7 Monro Ct, spoke of reckless drivers on Roberts Road and concern for direction of traffic. Sybil Albrecht, downtown property owner, questioned the 12 foot wall on the freeway side, the nino house remodel and public space area between the creek and Roberts Road and dedication of the additional acreage along creekside to Town and Water District, and Roberts Road traffic relating to the bridge. Peter Larko, 313 Albert Drive related that he did not have a concern with the proposed land use and proposed density but has a specific concern with the EIR and the PD zoning relating to noise and discussed recent reports regarding sound walls and did not want a decision made that would increase traffic noise onto his property. Linda Callon responded to question of noise study and described landscaping planned along the wall and construction materials proposed for wall. She discussed study of traffic impact on Roberts Road and the design question of single or two story homes planned. Mr. Carlson questioned if 8 BMP's rather than 4 would be possible. Mr. Bowman responded from the General Plan formula for BMP's. Mr. Carlson inquired if applicant would be willing to grant Town additional Open Space between property line (common space) and Blossom Hill Road after initial two-year period. Deborah Swartfager, Town Manager, stated that an option exists to create a maintenance district. Mr. Carlson expressed concern for pedestrians and traffic going up Roberts Rd. and a need for a barrier for protection, and possibility of closing the Roberts Rd./ bridge. The question of historic artifacts was raised. Mr. Carlson also asked if plan could change after approval of PD. Mr. Ferrito commented that he was glad developer was open to consider more BMP's. He expressed concern about the sound wall planned and its visual impact, and the possibility of an 8 foot wall vs. a 12 foot wall. Regarding pedestrian access along Roberts Road, he commented a safety problem exists at the bridge and would like to see this area dedicated to pedestrians but accessible to emergency vehicles. Mayor Benjamin stated a public hearing would be necessary to do this. Anne Lamborn stated this proposal was made before. Mr. Ferrito asked if a common fence could be planed to allow the look of open space between the properties. He requested clarification re common driveways from the Planning Director. Mr. Ferrito questioned regulations regarding demolition of a unit to replace with new units. Mrs. Albrecht, owner of the medical building at Oak Meadow Drive and Roberts Road, suggested a diverter at the east side of the intersection of Oak Meadow Dr. and Roberts Road. Mayor Benjamin stated a public hearing would be required to do this. Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of 3 ayes, Mr. Hamilton abstained, Mr. Ventura absent. Mr. Carlson requested staff to schedule a public hearing on the Roberts Road issue and to notice the appropriate people including those who spoke at tonight's meeting. Mrs. Benjamin requested anyone in the audience interested in this specific issue to give their name to the Planning Director. Mr. Carlson moved to certify the Environmental impact Report. Mr. Ferrito commented on Mr. Larko's questions of the Environmental Report. Mr. Bowman stated he was not certain Mr. Larko's questions were addressed in the EIR. Mr. Carlson withdrew the motion and moved to request staff, in connection with the applicant, to investigate the issue of absorption by the sound wall and the impact on other neighborhoods because of construction of an 8 foot or 12 foot wall. Mr. Ferrito seconded. Carried by a vote of 3 ayes, Mr. Hamilton abstained, Mr. Ventura absent. Mr. Carlson moved to continue this to December 19, 1988, to be the first item on the public hearing agenda. Mr. Ferrito seconded. Carried by a vote of 3 ayes, Mr. Hamilton abstained, Mr. Ventura absent. SEWER OVERFLOW NON LIABILITY Mayor Benjamin stated this was the time and place duly noted for public hearing to consider an ordinance amending Article III of Chapter 25 of the Town Code relating to Town of Los Gatos non-liability for sewer overflow where a back water valve is not installed and operational. (continued from 9/19/88). No one from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Mr. Ferrito moved to waive the reading the AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE 999 OF CHAPTER 25 RELATING TO NON LIABILITY FOR SEWER OVERFLOW WHERE BACK WATER VALVE NOT INSTALLED AND OPERATIONAL. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Deputy Clerk read title of the Ordinance. Mr. Ferrito moved that the Ordinance be introduced. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. RECESS Mayor Benjamin declared a recess at 10:29 P.M. The meeting resumed at 10:45 p.m. APPROVAL OF MINUTES 10/3 11/7 Continued to December 5, 1988, at the request of Mr. Ventura. TREASURER'S REP Mayor Benjamin stated they had received the report for September, 1988 and October, 1988. RENTAL AGREEMENT SENIOR COORD COUNCIL Floyd Frisch, from the Senior Coordinating Council spoke on the issue of rent for the use of the Neighborhood Center. Janet King-Goth, Executive Director of Senior Coordinating Council, spoke on comparison funding of other communities in response to questions from Mr. Carlson and Mr. Ferrito. Harryette Schuell, Chairperson of Senior Coordinating Council and Executive Director of Senior information & Referral Services in the County spoke on funding policies of other communities in area. Mr. Ferrito requested facts and figures. Mr. Ferrito commented on difficulty of choosing which groups may use the facility and this was one reason for charging the maintenance fee. Mayor Benjamin suggested addressing all of these concerns with representatives from Council. Mr. Ferrito moved to authorize the Senior Coordinating Council to use additional space in the Neighborhood Center until the end of the fiscal year at which time the maintenance fees for the entire building can be recalculated for all users. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes, Mr.Ventura absent. Mr. Ferrito requested a meeting with representatives from Senior Coordinating Council and other user groups to discuss these problems along with staff and Council. MID PENINSULA OPEN SPACE PROJ SCOTT PROPERTY Kay Duffy, Open Space District, commended the Council for budgeting for Open Space. Mr. Ferrito commented on community support for preservation of open space. Mr. Ferrito moved to authorize Town Manager to enter into an agreement with MidPeninsula Regional Open Space District to purchase the former Scott property currently owned by the Peninsula Open Space Trust. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Mr. Ferrito moved to authorize the full payment of $150,000 this year rather than spreading it over this year and next year. Motion died for lack of second. Mr. Carlson moved to authorize an installment payment schedule of $100,000 from the $100,000 identified in the 1988-89 Capital Improvement Program for Open Space and authorize an additional expenditure of $50,000 from the $100,000 identified in the second year of the 1989-90 Capital Improvement Program. Seconded by Mr. Hamilton. Carried by a vote of 4 ayes, Mr. Ventura absent. URGENCY INTERIM ORDINANCE: OPEN SPACE & EIR STUDY BLOSSOM HILL AREA Attorney from Santa Cruz representing Joyce Lyang spoke regarding the 5 acre parcel on Blossom Hill Road, asking that this parcel not be included in the interim Ordinance. Property owner has application pending before Planning Commission. Request is based on Williamson Act. Mr. Bowman explained uses added to RC zone covering lands in the Williamson Act contract and outside the Williamson Act. Mr. Carlson stated the two barriers to overcome with respect to a residential care facility: is it permitted under the contract and would it require a Conditional Use Permit? Attorney requested clarification of Resolution as it applies to the Williamson Act. Jeffrey P. Widman, attorney representing 3 land owners affected by proposed Ordinance, hand delivered a letter to Council. Mr. Widman questioned time element involved in the proposed Ordinance. His clients have had an application before the Town since March, 1987. Mr. Bowman replied to Mr. Ferrito regarding the EIR that it is now in the 45 day review period. David Weisman, Francis Oaks resident, spoke in support of a moratorium now and the study requested by the Trail Commission. Virginia Panelli, 775 Saratoga Avenue, San Jose, 95129, spoke representing Santa Rosa Heights proposal before the Town. Stated they were unsure of legal basis for proposed moratorium while the study is being completed. Their EIR is finished and are waiting for comments. She stated they believe the study can be completed while their steps are still in progress. If moratorium is decided upon, request being allowed to continue in the process of their application. Adu Bagley, Carl Avenue, Monte Sereno, on Town Trail Committee, spoke of need for time to plan for hillside on Blossom Hill and urged passing the moratorium. Mr. Hamilton questioned if one year after the ERI would be enough time to sort out the trails. He stated that much longer time is needed to get that kind of plan worked out. Bill Bauer (?) 15360 Francis Oaks Way, and Dawn Dixon, Camino Del Cero resident, spoke in favor of the moratorium and the open space area. Lee McLaughlin, 15626 Francis Oaks Way, spoke in favor of the moratorium. Mr. Ferrito commented on the lengthy hearings in the past regarding preserving open space and asked Town Attorney, Mary Jo Levinger, if any legal impediment existed regarding applicants proceeding with their development proposals. Town Attorney indicated none. Mr. Ferrito moved to approve the preparation of a Request for Proposal for an Open Space and Environmental Study. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Mr. Ferrito moved to make the following findings: There is a current and immediate threat to the public health, safety or welfare; and that 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; and that the supportive evidence for these findings are included in Section I entitled "Findings" in the proposed Ordinance, in particular, paragraphs 1 through 8, Section 1. Mr. Carlson seconded, adding that there is sufficient community interest in preserving and studying this particular area. Carried by a vote of 4 ayes, Mr. Ventura absent. Mr. Ferrito moved to waive the reading for AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO PROPERTY IN THE AREA BOUNDED BY SHORT ROAD, BLOSSOM HILL ROAD, HARWOOD ROAD, HICKS ROAD AND SHANNON ROAD. Mr. Carlson seconded. Carried by vote of 4 ayes, Mr. Ventura absent. Deputy Clerk read title of the Ordinance. Mr. Ferrito moved for the introduction and adoption of the Urgency Ordinance. Mr. Carlson seconded. Mr. Hamilton stated he would not support the adoption and introduction based on fact that we have one year after EIR is finished to work out trails and other things and that other applications exist and we are just now notifying Trail Committee. Motion does not pass due to lack of 4/5 vote, 3 ayes, Mr. Hamilton against, Mr. Ventura absent. Mr. Ferrito moved to calendar the introduction of the adoption of the Urgency Interim Zoning Ordinance to Monday, November 28, 1988, at 7:00 p.m. in Council Chambers and request Mr.Ventura review tapes of proceedings in order to have 5 people eligible to vote. Mr. Carlson seconded. Carried by a vote of 3 ayes, Mr. Hamilton voted no, Mr. Ventura absent. GUADALUPE DISP. EIR Mr. Jim Zenardi, representing Guadalupe Landfill expansion thanked the Council for support and requested someone from Town Council attend San Jose City Planning Commission on December 14 at 7:00 p.m. to support the expansion, and January 17, 1989, City Council meeting. Mr. Hamilton questioned why San Jose was getting the dump. Deborah Swartfager, Town Manager, suggested scheduling this item for closed session at the next meeting. Mr. Carlson moved to direct staff to forward a letter from the Town regarding the site expansion to the City of San Jose incorporating any additional comments discussed by the Town Council with the additional comments discussed by the Town Council with the addition that a cover letter from the Mayor include strong wording regarding annexation and Town intends to seek every possible action to block this. Mr. Hamilton wanted to include the other cities involved. Mr. Ferrito suggested sending comments regarding the EIR and the other comments should be developed after meeting with staff. Mr. Carlson withdrew the first motion and moved to direct staff to forward the letter to the City of San Jose incorporating any additional comments discussed by the Town Council. Mr. Ferrito seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Mr. Carlson moved to send representatives to the meetings of December 14 and January 17 and contact neighboring cities to plana to do something about the annexation and get facts on what can be done for the next executive session. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. COUNCIL REPORTS Regarding Route 85, Mr. Carlson reported a plan is available in the library from the Aesthetic Review. On Land Use, Mr. Carlson stated this was a regional committee trying to control development in the South bay relating to Route 85. He reported that a subcommittee of Council, Planning Commission and Community Service Commission has met regularly to consider items, next to be considered is design of 17-85 interchange. Mrs. Benjamin stated public hearings were scheduled for the second and fourth Mondays in January. An IGC dinner is scheduled for all elected official on February 2, 1989 sponsored by IGC-ICC and Mayors Conference. SERVICE CENTER EXPANSION Mr. Ferrito questioned fact that the firm providing evaluation and recommendations for project has an interest in one o the options. Christine Fischer, Acting Town Engineer, reported that pre-fab was recommended by the Architect, but would like an opportunity to look at alternatives. Town Manager, Deborah Swartfager said a bid process for design services could be done. Mr. Carlson moved to direct staff to prepare a revised agreement with Murdock & Associates, Architects, for $4,000.00, to study the three alternatives. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. EXTEND MEETING Mr. Carlson moved to extend the meeting beyond 12:00 midnight. Mr. Hamilton seconded. Carried by a vote of 3 ayes, Mayor Benjamin voted no, Mr. Ventura absent. GARBAGE RECEPTACLES Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS REPEALING SECTION 14-8 OF ARTICLE I OF CHAPTER 14 OF THE TOWN CODE TO DELETE THE REQUIREMENT FOR ACCESSIBILITY OF GARBAGE RECEPTACLES. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Deputy Clerk read title of the Ordinance. Mr. Carlson moved that the Ordinance be introduce. Mr. Hamilton seconded. Carried by vote of 4 ayes. Mr. Ventura absent. CABLE TV Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 9 OF THE TOWN CODE TO UPDATE AND COMPLY WITH FEDERAL REGULATIONS OF CABLE TELEVISION. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Deputy clerk read title of the Ordinance. Mr. Carlson moved that the Ordinance be introduced. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Ventura absent. CURFEW-MINORS Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 17-3, 17-4, AND 17-5 OF THE TOWN CODE TO ADD AN EXCEPTION TO THE EXISTING CURFEW LAW FOR MINORS RETURNING DIRECTLY HOME FROM EVENING ACTIVITIES AND ELIMINATING ARREST PROCEDURE. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Deputy Clerk read title of the Ordinance. Mr. Hamilton questioned activities subject to this Ordinance. Chief Todd explained the intent of the Code. Mr. Ferrito moved to introduce the Ordinance. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Ventura absent. REFUND OF FEES M.J. MC NELLY Mr. Carlson moved that applicant, M>J> McNelly's request for refund of fees paid for Zone Change Application at 484 Woodland Avenue, Los Gatos Mobile Home Park, be approved but be limited to 40% of the fee paid in accordance with Town Policy. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Ventura absent. Mr. Ferrito stated his opposition to Council policy on this. BONESSA-FEE WAIVER Mr. Carlson moved to waive the fees for Certificate of Compliance at 14891 Blossom Hill Road, Louis and Sandra Bonessa, Applicants. Mr. Hamilton seconded. Carried by a vote of 4 ayes. Mr. Ventura was absent. PUBLIC SAFETY DISPATCHERS Mr. Ferrito moved to waive the reading for an ORDINANCE OF THE TOWN OF LOS GATOS ACCEPTING THE PENAL CODE REQUIREMENT RELATING TO THE SELECTION AND TRAINING STANDARD OF PUBLIC SAFETY DISPATCHERS. Mr. Carlson seconded. Carried by a vote of 4 ayes. Mr. Ventura absent. Deputy clerk read the title of the Ordinance. Mr. Ferrito moved that the Ordinance be introduced. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr/ Ventura absent. Deputy clerk read the title of the Ordinance. Mr. Ferrito moved that the Ordinance be introduced. Mr. Carlson seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. 174 LESTER LN REPORT Consensus of Council to continue this item to the December 5, 1988 meeting. RED CURB 233 EDELEN Mr. Carlson moved to deny the request to install red curb on either side of the driveway at 233 Edelen Avenue. Mr. Ferrito seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. REJECT CLAIM GREMORE Mr. Carlson moved to reject the claim of William M. and Norma F. Gremore as filed by their attorney, John Michael O'Connor, on October 20, 1988. Mr.Ferrito seconded. Carried by 4 ayes, Mr. Ventura absent. ENABLING RESOLUTIONS Mr. Carlson moved to adopt the following resolutions: Resolution No. 1988-214 entitled A RESOLUTION REVISING THE TOWN OF LOS GATOS ARTS COMMISSION ENABLING RESOLUTION No> 1987-65; Resolution No. 1988- 215 entitled A TOWN OF LOS GATOS RESOLUTION TO AMEND THE TOWN COMMUNITY SERVICES COMMISSION ENABLING RESOLUTION NO. 1986- 21; Resolution No. 1988-216 entitled A TOWN OF LOS GATOS RESOLUTION AMENDING THE YOUTH ADVISORY COMMISSION ENABLING RESOLUTION NO. 1987-40; Resolution No. 1988-217 Entitled A TOWN OF LOS GATOS RESOLUTION AMENDING THE MUSEUM COMMISSION ENABLING RESOLUTION NO. 1988-148; and Resolution No. 1988-218 entitled A RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1984-144 DETERMINING NEED FOR A PARKING AUTHORITY OF THE TOWN OF LOS GATOS UNDER AND PURSUANT TO THE PARKING LAW OF 1949 TO FUNCTION IN THE TOWN: DECLARING THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO BE THE PARKING AUTHORITY. Mr. Hamilton seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2-23 OF ARTICLE III OF CHAPTER 2 AND SECTION 2- 30 OF ARTICLE IV OF CHAPTER 2 OF THE TOWN CODE TO CHANGE THE MEETING ATTENDANCE REQUIREMENTS FOR THE PLANNING COMMISSION AND FOR THE PARKS COMMISSION. Mr. Ferrito seconded. Carried by 4 ayes, Mr. Ventura absent. Deputy Clerk read title of the Ordinance. Mr. Carlson moved to introduce the Ordinance. Mr. Hamilton seconded. Carried by 4 ayes, 1 absent. REPORT-LETTER SAN BENITO AVE Mr. Ferrito moved to deny Ms. Gayle R. Craine's request to reopen San Benito Avenue between Thurston St. and Saratoga Avenue to through traffic. Seconded by Mr. Carlson. Carried by a vote of 3 ayes. Mr. Hamilton voted no because he opposes the barriers. Mr. Ventura was absent. BUDGET REVIEW Mr. Carlson moved to adopt Resolution No. 1988-219 entitled RESOLUTION AUTHORIZING THE TOWN MANAGER TO CONTRACT FOR IRS REQUIRED SECTION 89 BENEFITS TESTING IN AN AMOUNT NOT TO EXCEED $7,000; and Resolution No. 1988-220 entitled RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1988-89; and authorize the initiation of recruitment process for Community Services Specialist using an increased salary range of approximately 10 percent. Mr. Ferrito seconded. Carried by a vote of 4 ayes, Mr. Ventura absent. ZONING ORD FROM 1 TO 2 YR Mr. Carlson reported meeting with Planning Commission members and they felt two years was a reasonable time and they would take a critical look at requests after two years. Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO EXPIRATIONS OF ZONING APPROVALS. Seconded by Mr. Hamilton. Carried by 4 ayes, Mr. Ventura absent. Deputy clerk read the title of the Ordinance. Mr. Carlson moved to introduce the Ordinance. Mr. Hamilton seconded. Mr. Ferrito expressed opposition. Carried by 3 ayes, Mr. Ferrito voted no, Mr. Ventura absent. TOXICS POLICY REPORT Mr. Ferrito reported he was Small Cities Representative appointed to the Integrated Environmental Management Project of EPA, resulting in recommending the County focus on coordination of toxic activities. The Board of Supervisors did not put this before the voters and a new focus is needed. Mr. Ferrito moved to support the need for county-wide focus and coordination of toxics activities. Seconded by Mr. Carlson. Carried by 4 ayes, Mr. Ventura absent. Mr. Ferrito moved to oppose the creation of a Toxics Policy Council as an arm of the Intergovernmental Council. Mr. Carlson seconded. Carried by 3 ayes, Mayor Benjamin abstained, Mr. Ventura absent. Mr. Ferrito moved to support the idea of exploring an existing regional organization assuming the full responsibility for regional toxics coordination including the County of Santa Clara. Mr. Carlson seconded. Carried by 4 ayes, Mr. Ventura absent. TRAFFIC ISLAND ANDRE CT. Mr. Hamilton stated that the traffic island median does not belong on Los Gatos Boulevard it belongs on Andre Court. He questioned spending more money to put it on Andre Ct. They are not dissimilar to other houses and others in close proximity with no diverter for left turns. All of these generate more traffic than Andre Court, as does the school, parkside building and High Street generate more traffic coming out. Mr. Hamilton moved to reconsider the traffic island median at Andre Court. Mayor Benjamin seconded. Motion failed. Mr. Hamilton and Mayor Benjamin voted aye, Mr. Carlson and Mr. Ferrito voted no, Mr. Ventura absent. IGC SOLID WASTE COMMITTEE Mr. Hamilton agreed to represent Los Gatos for the Intergovernmental Solid Waste Committee. ADJOURNMENT Mr. Ferrito moved to adjourn the meeting at 12:45 a.m., November 22, 1988, until 6:00 p.m. November 22, 1988, in memory of President John F. Kennedy who was assassinated 25 years ago. Seconded by Mr. Carlson. Carried by 4 ayes, Mr.Ventura absent. ATTEST: Joanne M. Menacho Deputy Clerk