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M 06-20-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 20, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers at the Town Hall at 7:40 p.m. in regular session. ROLL CALL PRESENT:Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:Joanne Benjamin. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENT TOWN TREASURER Mr. Ferrito moved for the adoption of Resolution No. 1988-127 entitled, RESOLUTION APPOINTING JOAN E. SCHREINER AS TOWN TREASURER OF TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. OATH OF OFFICE Town Clerk gave the oath of office to the newly appointed Town Treasurer, Joan E. Schreiner. CLOSED SESSION Town Attorney Levinger reported on Closed Session that was held on June 9, 1988. Pursuant to Government code section 54956.9 (a) whereby Council had discussed the pending litigation of Farwell vs Town and there is nothing to report from that discussion. Prior to tonight's Council meeting Council had met in Closed Session and pursuant to Government Code section 54956.9 (a) discussed the case of Johnson vs the Town and there is no report from that discussion. Council also discussed negotiations and there is no report at this time. BID AWARD FOR HAZARDOUS MATERIAL STORAGE CONTAINER It was noted that four bids were received ranging from low bid of $18,832.00 to high bid of $21,193.00. Mr. Ferrito moved to accept staff recommendation and award the bid for the purchase of one hazardous materials storage container to the low bidder, California Safety and Supply Co., net bid of $18,832.00. Mr. Ventura seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. BID AWARD FOR FOUR DOOR SEDAN It was noted that only one bid was received from Swanson Ford-Isuzu in the amount of $12,873.55. Mr. Ventura moved to accept staff recommendation and reject the one bid received and the town readvertise for bid when we purchase other vehicles and equipment in the FY 1988-89. Also reappropriate $12,500 from account No. 013-000-8462 as a part of the adoption of the 1988/89 budget. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Hamilton requested report on the vehicle being replaced. The number of miles and the condition of the car. He feels Council should have a report on all Town cars that are replaced. PROJECT 8801 TRAFFIC SIGNAL CONTROLLER L.G.BLVD/SARATOGA AVE. It was noted the Town had received six bids for project 8801 ranging from $17,481.00 to $21,144.00. Mr. Ventura moved to award the contract for the Project 8801 to low bidder of Steiny & Company, Inc. in the amount of $17,481.00; authorize the Mayor to sign the contract on behalf of the Town; approve an allocation in the amount of $20,000.00 from the Maintenance/Traffic Account (010-434-6400). Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. SCHEDULE OF PUBLIC HEARINGS Informational report for Council on upcoming public hearings scheduled for future meetings. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on County Referrals as follows: 3600-28-48-88G-88DR Foster Road. Western California Univ. access road grading/design Review. Information for Council The County has been advised that permits for the access road should not be issued until the Town is satisfied that the appropriate use permit conditions have been met. PAYROLL JUNE 17, 1988 Mr. Ventura moved for the approval of payroll of June 17, 1988 in the amount of $174,077.63 and related warrants in the amount of $121,477.81. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. MAY 1988 WARRANTS Mr. Ventura moved for the approval of the accounts payable for the month of May, 1988, in the amount of $321,948.08. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. NOTICE OF COMPLETION FOR TRACT 7979 Mr. Ventura moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Tract 7979, Mozart Avenue (YMCA) Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. REQUEST BY LUNARDI'S MARKET Mr. Lunardi is requesting that the Zoning Ordinance be amended to allow outdoor storage located in an alley to the rear of the market building, in the C-1 zone, with a Conditional Use Permit. Mr. Ventura moved to accept staff recommendation and deny the request. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. 17601 FOSTER ALAN YOUNG Informational report for Council on correspondence received from Mr. Young. LA RINCONADA TRAFFIC PROBLEMS Mr. Ventura moved Council forward letter to the Santa Clara County Board of Supervisors explaining the problem and asking for increased patrols in the area and the possible addition of a stop sign at Eastview and La Rinconada Drives. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. STOP SIGNS AT SHANNON & SHADY VIEW LANE Mr. Ventura moved to authorize the Mayor to send a letter to Santa Clara County requesting the installation of stop signs on Shannon Road at Shady View Lane and Lansberry Court. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. REVOCABLE PERMIT WOODEN RETAINING WALL - 362 BACHMAN AVE. Mr. Ventura moved to adopt Resolution No. 1988-128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO EXECUTE AN AGREEMENT WITH AND TO ISSUE A REVOCABLE PERMIT TO TOD PROPERTIES, INC. FOR THE MAINTENANCE OF AN EXISTING RETAINING WALL IN A PORTION OF THE BACHMAN AVENUE PUBLIC RIGHT-OF-WAY. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. EIR CONSULTANT SERVICES & CONTRACTS Mr. Ventura moved for the adoption of Resolution No. 1988-129 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT). Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito requested staff to review the list of providers and expand the list before renewal next year. CAPITAL IMP. PROGRAM RECOMMENDATION PLAN COMM. Council informational report. PARKS DEPT. OPERATING BUDGET 1988/89 Mr. Ventura amoved to accept staff recommendation and approve the preliminary Parks Department operating budget for fiscal year 1988/89; and approve the preliminary three year Capital Improvement Program, Parks Program, for fiscal year 1988/91. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. NEW CHAIR & VICE CHAIR - COMMUNITY SERVICES COMM. The Community Services Commission elected Zaida Hackett as Chair, and Ellen Graff as Vice-Chair. FUNDING GUIDELINES NON-PROFITS Mr. Ventura moved for the adoption of Resolution No. 1988-130 entitled, RESOLUTION ESTABLISHING GUIDELINES FOR FUNDING OF NON- PROFITS. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. COMMENDING JOHN A. UHL Mr. Ventura moved for the adoption of Resolution No. 1988-131 entitled, A RESOLUTION COMMENDING JOHN H. UHL, for his service to the Community on the Planning Commission. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. BLOSSOM HILL SCHOOL FLASHING LIGHT/SIGNAL Anita Engelman, 16302 Englewood Avenue, spoke on her request of installation of an appropriate school signs on Blossom Hill Road and Cherry Blossom Lane. Mr. Ferrito moved to authorize staff to issue a work order to relocate and install appropriate school warning signs on Blossom Hill Road and Cherry Blossom Lane; direct Police to provide more regulation of speed control in the school area; direct staff to install a flashing yellow light in westbound direction at/near where road widens near easterly border of the park on Blossom Hill Road; and approve a supplemental appropriation. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. APPEAL - 219 MASSOL AVE. Mayor Carlson stated this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's approval of plans to remodel and construct a second story to an existing single family residence in the R-1D-LHP Zone, S-87-23. Property owners, Jack M. and Janet E. Cook. Appellant, James McManis. Jack Cook, 17400 Phillips Road, spoke on the plans to remodel the home. 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 was absent. Mr. Ventura moved to uphold the Planning Commission's decision and deny the appeal because it had been withdrawn. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. APPEAL - 16270 KENNEDY RD. (GOLDBERG) Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's denial of request for approval of a two-lot subdivision of property in the R-1:30,000 Zone. Subdivision Application M-80-18A. Property located at 16270 Kennedy Road. Property owner, Mr. & Mrs. David Goldberg. Dave Goldberg, 16270 Kennedy Road, stated that condition number 1 was not previously proposed. 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 was absent. Mr. Ventura moved to modify the Planning Commission's decision and allow the two-lot subdivision based on the change in circumstances that there are no longer any secondary units existing in either parcel to be created. The Planning Commission erred in the fact that there is not a conflict with the traffic policy. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura made the finding that the subdivision is consistent with the General Plan there are no factors pertaining to the subdivision that would cause denial of the application. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura moved that the following conditions with modification to condition number 1 to be consistent with the DRC report of February 23, 1988: 1. The public roadway shall be spot widened along the Kennedy Road Frontage and roadside drainage facilities installed as per DRC meeting of February 23, 1988. 2. A parcel map shall be filed. 3. The following shall be dedicated: a. Kennedy Road. A 30-foot half-street right-of-way. b. Ingress-egress, strom drain, sanitary sewer and public easement as required. 4. Cable television facilities shall be provided to each lot. 5. All lots shall be surveyed and monumented (set pipes) prior to construction. 6. A well information questionnaire shall be completed. 7. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 8. The two secondary dwelling units shall be demolished or all kitchen facilities removed from them. Including subdivision map stamp dated June 15, 1988 with ingress of parcel two from Brook Acres Court. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no because he disagrees with condition number eight. Mrs. Benjamin was absent. APPEAL - 235 SARATOGA AVE. (JULIUS) Mayor Carlson stated this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of a Conditional Use Permit U-87-11A, requesting permission to intensify a nonconforming restaurant use by increasing the hours of operation on property in the C-2 Zone. Applicant, Anton Julius. Property owner, Linda Ball. Property location, 235 Saratoga Avenue. Duane J. Perry, Attorney for the Applicant, spoke in support of the appeal and feels 30 days is not enough time to prepare traffic analysis report and asked for clarification of how they are violating the traffic policy. Staff answered Mr. Perry. Mr. Perry feels this is a business for the people of the Town. He answered Council's questions regarding the traffic issue and hours of operation. Mr. Hamilton stated he had talked to Mr. Perry about the contents of the appeal. John Twichell, representing the applicant, gave his opinion of the traffic issue and reported on the traffic survey that had been made May 11, 1988. Madame Yvette, 334 Tait Avenue, stated she needs peace and some sleep and questioned where were the shrubs that were going to be planted. Anton Julius, Applicant, spoke in support of his appeal and answered Council's questions. Ron Zapf, Town Engineer, answered Council's questions regarding the traffic policy report and the August 26, 1982 report on the Conditional Use Permit. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. There was further discussion by Council regarding parking, hours of operation (not before 9:00 a.m. weekdays and possible 7:00 a.m. on weekends), impact on the neighborhood, intensification of use, trip generation at critical intersections, the violation of the traffic policy on weekday as opposed to weekends, effect of Route 85 on traffic along Saratoga Avenue, and Planning Commission did not state clearly the reason for denial. Mayor Carlson feels this should be sent back to the Planning Commission for discussion with immediate neighbors the operation of a larger restaurant during the hours the Burger Pit was open or fewer seats with longer hours. Too look at all aspects of the General Plan. He feels the Planning Commission erred in terms of the traffic policy but not on the impact to the neighborhood. Mr. Perry prefers this be sent back to the Planning Commission. Mr. Ferrito moved to return this to the Planning Commission so they can deal with all issues raised by the applicant, neighbors and Council. the inquiry should not be limited to the question of traffic impact on weekends opposed to weekdays and include all possible issues related to intensification. Immediate neighbors to have a voice in deciding this matter. Mayor Carlson seconded. Carried by a vote of three ayes. Mr. Ventura voted no because he the issue as per 9:00 a.m. weekday use had already been decided. The issue should be narrowed. He does support sending this back on all other issues because they were not dealt with by the Planning Commission. Mrs. Benjamin was absent. 16000 MARCHMONT HILLBROOK SCHOOL Two resolutions, Alternative A and Alternative B, were submitted for discussion and adoption. Robert Clements, representing Hillbrook School, is willing to accept Alternative B as proposed. Hugh Thomson, 123 Ann Arbor Drive, questioned Alternative B. Lee Bowman, Planning Director, stated Alternative A includes detailed specifications from the last Council meeting and was reviewed by Robert Bryant, P.F.M. Robert Bryant recommended not to add the specifications as conditions as shown in Alternative A. Mr. Thomson was in favor of Alternative A. Robert Bryant feels Alternative A is highly restrictive and it is not necessary to go this far. Mr. Ferrito suggested amendment to Alternative A, Condition 12, relating to construction vehicles. He requests changing "for" to "of" in the second sentence to read, "vehicles of construction employees shall be parked on campus during construction hours". It was the consensus of Council to accept the amendment. Mr. Ferrito feels Council should defer action until later in the meeting and have staff go through it to give Council some specifics on conditions. For example, in Exhibit B, part of page 8, all of pages 9 through 11 and possibly page 12 seem to be irrelevant to the Town. Other items on the agenda were taken up at this time. Mr. Thomson stated he was satisfied with Alternative B. He raised issues on color of new building; windows and doors being open for a 90 day trial period; hours of construction; and speed limit to be used on the street during construction period. Mr. Thomson wants the speed limit reduced to 20 MPH during construction; moved construction hours from 8:00 a.m. - 5:00 p.m. to 7:00 a.m. - 4:00 p.m.; and after 90 days have the doors and windows shut without returning to Council for consideration. Mayor Carlson stated any changes made to hours of operation would require a new public hearing. Mr. Ferrito moved for the adoption of Resolution 1988-132 entitled RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF PLANS FOR CONSTRUCTION OF A MULTI-PURPOSE BUILDING (GYMNASIUM/CLASSROOM) ON PROPERTY IN THE HR-1 ZONE AND MAKING CERTAIN MODIFICATIONS TO THE APPROVAL (16000 MARCHMONT DRIVE HILLBROOK SCHOOL), with change to Condition 12 as stated earlier (change "for" to "of" in second sentence). Should there be a need to come back for modifications to the Use Permit it would be done without fee. Mr. Ventura seconded with the understanding, "if the trees are not making it after two years I personally will come by and replant them". Carried by a vote of four ayes. Mrs. Benjamin was absent. RECESS Mayor Carlson declared a recess. Meeting reconvened at 10:15 p.m. CIVIC CENTER COOLING TOWER Mr. Ferrito moved to continue this item to the July 5, 1988 Council meeting. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. HAZARDOUS MATERIALS PERMIT FEE (DAVIES) Mr. Ferrito moved to continue this time to the July 5, 1988 Council meeting. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. PUBLIC HEARING ZONE ORD. AMEND. A-88-5 LARGE FAMILY GROUP HOMES Mayor Carlson stated this was the time and place duly noted for public hearing to consider Planning Commission recommendation of an amendment to the Town Zoning Ordinance to add large family group homes to the list of nonconforming uses that are allowed to continue interminably, A-88-5. No one from the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito feels this had not been dealt with and needs further analysis. Mr. Ventura moved to modify the Ordinance by adding, "Residential care facilities for the elderly that existed as of January 1, 1988 and are nonconforming only as to parking." Mayor Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura made the finding that the above amendment to the ordinance is consistent with the General Plan in that the General Plan allows for senior care activities as well as provides means for the Council to permit existing uses to continue consistent with the goals stated for residential neighborhoods. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN ZONING ORDINANCE TO PERMIT RESIDENTIAL CARE FACILITY--GROUP HOMES TO BE ADDED TO THE LIST OF NONCONFORMING USES THAT ARE ALLOWED TO CONTINUE INTERMINABLY. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Town Clerk read title of the ordinance. Mr. Ventura moved the amended ordinance be introduced. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MINUTES JUNE 6, 1988 Mr.Ventura requested correction to page 3, Appeal 66 E. Main, M. Friesen. Add "this will be the last continuance of this hearing" to third sentence from end. Page 4, Hillbrook School, correct spelling of quiet. Mr. Hamilton moved the minutes of June 6, 1988 be approved as corrected. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. RESOLUTION PARTICIPATION IN STATE LOCAL AGENCY INVEST. FUND Mr. Ferrito moved for the adoption of Resolution No. 1988-133 entitled, RESOLUTION AUTHORIZING DEPOSIT OR WITHDRAWAL OF TOWN FUNDS IN THE STATE LOCAL AGENCY INVESTMENT FUND. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. PROCEED WITH RIGHT-OF-WAY ACQUISITION ROUTE 85 Town Manager, Deborah Swartfager, gave a summary report on a letter received from Will Kempton describing the Traffic Authority's recommendation for providing an additional 1.7 million dollars to widen the Route 85 median between Almaden Expressway and Winchester Boulevard from 46 to 48 feet, and to make changes in existing plans for bridge structures and to accommodate mass transit. Mr. Ferrito feels the Town has nothing in the way of an offer, only a request and it is too early to act on the request. When the Traffic Authority makes decisions and commitments then the Council will be in the position to act on the request. Mr. Ventura would support the proposal because the Town is getting two-thirds of what was originally promised, up front, and Town is willing to give what was promised in exchange. He has questions that need to be answered before he can take action. Mayor Carlson proposed a consensus motion that Council could approve the purchase of things within the right-of-way when the Traffic Authority has vote for 1.7 million dollars improvements for mass transit when the "wowing" right-of-way and funding is assured; when the medium wall issue is resolved. Mayor Carlson feels a statement should be made to show the Town is willing to do it but these are the things that should proceed first. After further discussion it was consensus of Council to continue this to July 5, 1988 with a full report. PROJECT 8608 LOS GATOS BLVD. IMPROVEMENTS Ron Zapf, Town Engineer, spoke on this report regarding the modification of the traffic signal plans for Los Gatos Boulevard Improvements and answered Council's questions. Mr. Zapf stated the landscaping plan report shows an additional 69 trees. Since he has had a meeting with staff and Mr. Ventura, there are seven locations that could use additional trees. He recommends a modification to the first recommendation to read, 1 a), "Approve modification of the traffic signal plan and specifications to include a traffic signal coordination system (interconnect). b) approve the modification of the landscape plan to include seven additional trees and grates." Mr. Ferrito moved to approve the modification of the traffic signal coordination system (interconnect); and approve a modification to the landscape plan to include seven additional trees and grates. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura moved for the adoption of Resolution No. 1988-134 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8608 - LOS GATOS BOULEVARD IMPROVEMENTS. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no because he disapproves of some of the solutions that were eliminated by the Council in previous meetings including the Magneson Loop issue and other issues. Mr. Ventura stated he would vote no for the same reasons but voted yes so the project would no longer be delayed. Mrs. Benjamin was absent. Mr. Ventura moved for the adoption of Resolution No. 1988-135 entitled, RESOLUTION APPROVING AMENDMENT NO. 3 TO THE AGREEMENT WITH RUTH AND GOING, INC. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. POLICY REGARDING TITLE 24, HANDICAP ACCESSIBILITY Pedestrian access may be available to non-handicapped people, but slopes excessive to the regulations would make concrete or asphalt sidewalks and walks dangerous for handicapped individuals. Mr. Ventura moved to establish a policy identifying pathways as exceptions to Title 24, Handicap Accessibility. Grant Tract 7891, Bachman Court, an exception to the handicap requirements for two handicap ramps. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. BUDGET FISCAL YEAR 1988/89 Mr. Ferrito moved for the adoption of Resolution 1988-136 entitled, A RESOLUTION ADOPTING BUDGET FOR FISCAL YEAR 1988-89. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. APPROPRIATIONS LIMIT FOR FISCAL YEAR 1988/89 Mr. Ferrito moved for the adoption of Resolution 1988-137 entitled, A RESOLUTION SETTING THE FY 1988-89 APPROPRIATIONS LIMIT FOR REVENUE GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE X111(B) OF THE STATE CONSTITUTION. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ADOPTION OF SECONDARY DWELLING UNIT ZONING ORD. Discussion was held on the resolution that all existing secondary dwelling units have been identified and applications for new secondary dwellings can be accepted. Mr. Ferrito requested this be continued for a full Council but it is a major policy questions. It was the consensus of Council to continue this item to September 6, 1988 for consideration by a full Council. ORD AMENDING CHAPTER 15 TOWN CODE RE DAY CARE & MOBILEHOME PARKS BUSINESS LICENSES This ordinance amend Chapter 15 of the Los Gatos Town Code to provide for licensing of day care facilities and to amend provisions relating to mobilehome parks to reduce license fees. Mr. Ventura moved to waive the reading for AN ORDINANCE AMENDING CHAPTER 15 OF THE LOS GATOS TOWN CODE TO PROVIDE FOR LICENSING OF DAY CARE FACILITIES AND TO AMEND PROVISIONS RELATING TO MOBILEHOME PARKS TO REDUCE LICENSE FEES. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mrs. Benjamin was absent. The Town Clerk read the title of the Ordinance. Mr. Ventura moved to introduce the Ordinance. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mrs. Benjamin was absent. COUNCIL CALENDAR OF MEETINGS Informational report regarding Council calendar of meetings. It was consensus of Council to cancel the October 17, 1988 Council meeting due to the lack of a quorum. SECONDARY UNIT MONTHLY REPORT Secondary dwelling unit monthly report. Mr. Ventura asked questions regarding the secondary unit that is being constructed at 18501 Overlook Road and the neighbor be advised of the status of the secondary unit. BUS STATION LEASE AGREEMENT 145 S. SANTA CRUZ AVE. Mr. Hamilton questioned the cost of maintaining the bus station property and opposed to the rent being charged. Mr. Ferrito requested a staff report regarding the costs and ridership. HOUSING CONSERVATION PROGRAM Mr. Hamilton requested all the information on the Housing Conservation Program including the names of the individuals. The Town Attorney, Mary Jo Levinger, stated an articulate need for the names is required before the name can be released. If something comes up in reviewing the files and if a council member can articulate the need for name then need should be set forth in writing for the protection of the Town. STREET LIGHT FISHER/NINO INTERSECTION Villa de Los Gatos Association's requested the installation of one street light at the northeasterly corner of Fisher/Nino Avenue intersection. Mr. Ventura disagrees with staff recommendation to deny a street light at the corner of Fisher and Nino Avenue because it is close to a school. Mr. Hamilton moved to accept staff recommendation and deny Villa de Los Gatos Association's request to install one street light at the northeasterly corner of Fisher and Nino Avenue intersection. Mayor Carlson seconded. Carried by a vote of three ayes. Mr. Ventura voted no and Mrs. Benjamin was absent. HEARST CABLE VISION ANNUAL REPORT Mr. Ventura stated he has received a number of complaints regarding the service from Hearst Cablevision. He wants them put on notice to pay attention to the service and it will be a major issue when the franchise comes up for renewal. It was Council consensus to accept the annual report from Hearst Cablevision. YOUTH ADVISORY COMMISSION FISCAL YEAR 1987/88 REPORT Mr. Ferrito stated that 75 people attended an outdoor concert with a cost of approximately $40.00 per person. He would prefer to spend the money on youths to attend a leadership concert than another event. Council, by giving money to the Youth Commission, has given them a lot of responsibility and is doing something that is not consistent with other commissions. He also feels giving the Community Service Award to a Junior makes sense. If they are going to hold other events they should do more local advertising. Mr. Ferrito moved to approve the Youth Advisory Commission's recommendation to grant the 1987-88 Youth Advisory Commission Community Service award to Brian Shafer. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ventura moved to encumber $1,400 for allocation to Trafor Productions for a comedy show to be held in Los Gatos this Fall; and deny the Los Gatos Soccer Leagues request for funds to help repair soccer fields. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Staff to furnish a report of Councils comments to the Youth Commission. RESOLUTION REGARDING REDUCTION OF WATER USE IN SANTA CLARA CO. Mr. Ventura requested the Mayor send a letter to the Water District regarding draining Lexington Dam every year; why do they spend money every year to do the same job; and other concerns. Mr. Ventura moved for the adoption of Resolution No. 1988-138 entitled, A RESOLUTION STATING THE NECESSITY OF REDUCTION OF WATER USE IN THE COUNTY OF SANTA CLARA IN CALENDAR YEAR 1988. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. DEFINITION OF AFFORDABLE HOUSING Mr. Hamilton moved to direct staff to prepare and refer to Planning Commission a definition of affordable housing. Mayor Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. APPOINTMENT TO SANTA CLARA CO. TRANSPORTATION COMMISSION Mr. Ferrito moved to reappoint Brent N. Ventura to the Santa Clara County Transportation Commission. Mayor Carlson seconded. Carried by a vote of three ayes. Mr. Ventura abstained and Mrs. Benjamin was absent. ADJOURNMENT Mr. Hamilton moved the meeting be adjourned at 11:35 p.m., monday, June 20, 1988. Mr. Ferrito seconded. Carried by a vote of four ayes. ATTEST: Rose E. Aldag Town Clerk