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M 11-06-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 6, 1989 TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 8:15 p.m., Monday, November 6, 1989, in regular session. ROLL CALL Present:Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura, and Mayor Joanne Benjamin. Absent:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. YOUTH ADVISORY COMMISSION/APPOINTMENTS/MARIA BIBER-FERRO/SHANNON ORTIZ Applications were received from Maria Biber-Ferro, Pam Grewall, Alyson Ford, and Shannon Ortiz. Voting was held and Maria Biber-Ferro and Shannon Ortiz were appointed to fill the positions. Terms to expire June 30, 1990. Mayor Benjamin stated that the unappointed applicants from the Parks Commission would have the opportunity to interview for the Youth Advisory Commission. ARTS COMMISSION/APPOINTMENTS/MEGAN DAVIDSON/LUCY MC ALLISTER Applications were received for two vacancies from Megan Davidson, Mary Eastham, Ted Lucas, Lucy McAllister and Caroline Thompson. Voting was held and Megan Davidson and Lucy McAllister were appointed to fill the positions. Terms to expire on July 1, 1991 for Megan Davidson and July 1, 1990 for Lucy McAllister. KCAT BOARD/APPOINTMENTS/MERLE BURCHARDT Applications were received for one vacancy from Merle Burchardt and Cynthia Goodman. Voting was held and Merle Burchardt was appointed. SISTER CITY COMMITTEE/COMMENDATION/DALE CHAMBERS Mayor Benjamin presented a Commendation from the Town to Dale Chambers for his years of service to the community while serving on the Sister City Committee. COMMENDATIONS/TOWN EMPLOYEES ASSOCIATION/POLICE OFFICERS' ASSOCIATION AFSCME/RESOLUTIONS 1989-199, 1989-200, 1989-201 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989- 199 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING EMPLOYEES REPRESENTED BY THE TOWN EMPLOYEES' ASSOCIATION FOR SERVICE TO THE CITIZENS OF THE TOWN OF LOS GATOS DURING EARTHQUAKE EMERGENCY; Resolution 1989-200 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING EMPLOYEES REPRESENTED BY THE POLICE OFFICER'S ASSOCIATION FOR SERVICE TO THE CITIZENS OF THE TOWN OF LOS GATOS DURING EARTHQUA - KE EMERGENCY; Resolution 1989-201 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING EMPLOYEES REPRESENTED BY THE LOCAL 101, AFSCME, CORPORATION YARD UNIT FOR SERVICE TO THE CITIZENS OF THE TOWN OF LOS GATOS DURING EARTHQUAKE EMERGENCY. Carried by a vote of 4 ayes. Mr.Carlson absent. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this meeting on October 30, 1989, pursuant to Government Code Section 54956.9(b) to discuss a claim regarding damaged buildings. There was first a finding of significant exposure to litigation and then the concerns of claims or litigation concerning the damaged buildings was discussed. At that time there was an approval of $10,000 for outside counsel to pursue the formation of a redevelopment district within the Town. Prior to this evening's Council meeting, Closed Session was held pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation concerning Ho vs Los Gatos Town Council. The Council reaffirmed their previous decision to file an appeal on this matter as there is now a final judgement, and there will be a return to the writ of mandate in this matter. Pursuant to Government Code Section 54956.9(b) Council first made a finding of significant exposure to litigation and then discussed claim regarding Mobilhome Rent Control. There is no report from that discussion at this time. This relates to Item #29 on tonight's agenda, and there will be action taken on this item tonight. Pursuant to Government Code Section 54956.9(b) Council first made a finding of significant exposure to litigation and then discussed claim regarding dangerous and damaged buildings. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c) Council discussed the following items: 1) Institution of Litigation re: Horse Drawn Carriage. There is no report from that discussion. Item #18 on this evening's agenda relates to this subject. 2) Institution of Litigation re: Hackett. There is no report from that discussion at this time. 3) Institution of Litigation re: Damaged Buildings. Further discussion will be held in Closed Session after this evening's meeting. 4) Institution of Litigation re: Library Site Acquisition. There is no report from that discussion at this time. PARKS COMMISSION/APPOINTMENTS/PAM GREWALL/JOHN OWENS The following students applied for two openings on the Parks Commission: Pam Grewall, John Owens, Priya Satia, Julie Maxson, Timothy Kelley, Ananda Sabold, Grant Gartman and Kristen Swan. Mayor Benjamin welcomed Pam Grewall and John Owens as the new appointees. SCHEDULE OF PUBLIC HEARINGS Council accepted informational report regarding currently scheduled public hearings. COUNCIL CALENDAR OF MEETINGS Council accepted calendar of upcoming Town meetings. PAYROLL/RATIFICATION/OCTOBER 20, 1989 Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of payroll in the amount of $202,968.69 and payroll related items in the amount of $73,456.63 for the period of October 1 through October 14, and paid on October 20, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 16, 1989 Motion by Mr. Hamilton, seconded by Mr. Ventura, for ratification of check register in the amount of $432,970.50 for accounts payable invoices paid on October 16, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. COUNTY REFERRALS Council accepted informational report regarding previous referrals and appeals on the following properties: 2829-27-42-86B-86V-87LM-89LM 21397 Lee Dr.Lorimore Lot Merger No Comment 4182-85-50-89DR 17235 Deerpark Rd.Cravens Design Review Approval with one condition 141-84-51-87B-89DR-89G Diduca Way Tavakolinori Time Extension Approval with 3 conditions ALCOHOL LICENSE TRANSFER Council accepted report regarding transfer of alcohol beverage license at Quality Food Center, 14100 Blossom Hill Rd. PLANNING COMMISSION/PLANNING DEPARTMENT/STATUS REPORT Council accepted informational report regarding status of pending Planning Department applications and projects. PARKS COMMISSION/APPOINTMENTS Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council appoint Pam Grewall and John Owens as Student Parks Commission. Carried by a vote of 4 ayes. Mr. Carlson absent. COMMENDATIONS/INTENT TO THANK/EARTHQUAKE EMERGENCY ASSISTANCE Council accepted informational report regarding Town's desire to thank those who have assisted during this emergency. HAZARDOUS WASTE/FACILITY SITING/MEMORANDUM OF UNDERSTANDING Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council direct staff to forward a letter to the Associate Bay Area Governments indicating the Council's support for the Memorandum of Understanding establishing the Hazardous Waste Management Facility Siting Committee. Carried by a vote of 4 ayes. Mr. Carlson absent. TRIAL LAWYERS/PROBONO PROJECT/WEST VALLEY/BAR ASSOCIATIONS OF SANTA CLARA COUNTY/RESOLUTION 1989-202 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989- 202 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING SANTA CLARA COUNTY BAR ASSOCIATION, THE SANTA CLARA COUNTY TRIAL LAWYERS ASSOCIATION, THE PROBONO PROJECT OF SANTA CLARA COUNTY, AND WEST VALLEY BAR ASSOCIATION, for their services to the residents of Los Gatos during the earthquake emergency. Carried by a vote of 4 ayes. Mr. Carlson absent. LOCAL EMERGENCY/EXTENDING EXISTENCE OF/RESOLUTION 1989-203 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989- 203 entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY which shall be deemed to exist until its termination is proclaimed by the Town Council. Carried by a vote of 4 ayes. Mr. Carlson absent. FARLEY RD 16810/APPEAL DENIAL/MONTGOMERY/HOOD/RESOLUTION 1989-204 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989- 204 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A REQUIREMENT TO INSTALL A FOUNDATION ON A SECONDARY DWELLING UNIT (16810 FARLEY ROAD - CRAIG MONTGOMERY) which incorporates the findings and decision at the Town Council meeting of October 16, 1989. Carried by a vote of 3 ayes. Mr. Ventura abstained. Mr. Carlson absent. ARTS COMMISSION/COMMENDATION/PAUL GORENIUC/RESOLUTION 1989-205 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council accept with regrets the resignation of Paul Goreniuc from the Arts Commission, to adopt Resolution 1989-205 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING PAUL GORENIUC OF THE LOS GATOS ARTS COMMISSION, and to authorize the Town Clerk to advertise the vacancy on the commission. Carried by a vote of 4 ayes. Mr. Carlson absent. NATURAL DISASTER ASSISTANCE ACT/STATE OFFICE OF EMERGENCY SERVICES/ DESIGNATED AGENTS/RESOLUTION 1989-206 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989- 206 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING ITS AGENT TO FILE AN APPLICATION IN THE OFFICE OF EMERGENCY SERVICES FOR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT . Carried by a vote of 4 ayes. Mr. Carlson absent. HORSE-DRAWN VEHICLES/TOWN CODE/CHAPTER 29/ARTICLE VI/ORDINANCE ADOPTION Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VI TO CHAPTER 29 OF THE LOS GATOS TOWN CODE RELATING TO REGULATION OF HORSE-DRAWN VEHICLES. Motion failed. Ayes; Mr. Ventura, Mayor Benjamin. Nayes; Mr. Hamilton, Mr. Ferrito. Absent; Mr. Carlson. HEARINGS PLAZA LA POSADA 241/MC MACKIN/HAAS/GEORGE/APPEAL PC APPROVAL/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission's approval of request to construct a new single family residence in the R-1:10,000 zone. Property Owner, Michael and David McMackin. Applicant, Ronald Haas. Appellant, E. J. George. Property Address, 241 Plaza La Posada. PLAZA LA POSADA 241/CONTINUED The following people from the audience addressed this issue: E. J. George, 231 Plaza La Posada, would like the size of the new home to reflect the size of the other homes in the neighborhood, to have FAR regulations be guidelines and not goals, and to have the opportunity for neighbor input regarding this new home. Ronald Haas, 19150 Dagmar Dr., Saratoga, said he had spoken to the neighbors and explained the project to the neighborhood and had always kept them informed as to upcoming DRC and Planning Commission meetings. Marvin Smith, spoke regarding the additional living space in the basement adding to the total FAR calculations. Taylor LaCroix, 14 W. Main St., mentioned that FAR figures were arrived at with the idea that perceived mass could be eliminated during design by such things as having a basement contain substantial square footage. He feels this design is a good example of the perception of a smaller unit although there is substantial square footage in the living area. He does not feel that the number of bedrooms and baths should be limited. No one else from the audience wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Mr. Ferrito asked the following questions of staff: 1) Is it correct that the cellar and floor area ratio totaled are below the FAR limit? Mr. Bowman responded that the maximum allowed on the parcel is 3,504 square feet, and the total for this plan, including the basement, is 3,497 square feet. 2) Do our ordinances require that setbacks be subtracted from the gross square footage for purposes of calculating FAR? Mr. Bowman responded that they do not. 3) Do our ordinances require that the gross square footage be reduced by any acreage or square footage where trees are growing for purposes of calculation? Mr. Bowman stated that they do not. 4) What does it mean when you say you subtract dedicated square footage? Mr. Bowman stated that this was for public use such as a street or curbing. 5) What is our policy for limiting construction to eight to five on weekdays? Mr. Bowman stated that that would be more restrictive than the current ordinance which is from seven to nine any day of the week. 6) Have we provided for tree protection? Mr. Bowman answers that condition #3 covers the tree protection. Motion by Mr. Hamilton, to uphold the Planning Commission's decision and approve the architecture and site application S-89-35. Motion failed due to lack of a second. Motion by Mr. Ventura, seconded by Mr. Ferrito, to find error on the part of the Planning Commission for not having considered the substantially larger size of the project in respect to the existing size of the homes in the neighborhood; the General Plan indications that new development should fit the neighborhood as to size and appearance; and that this project go back to the Planning Commission for further hearings. Mr. Ferrito explains his support as follows: there appears that there is no dedication under our rules and that the gross square footage can be used as the net square footage for FAR computation; all neighborhoods have the potential of the .35 FAR; Planning Commission should make a decision as to whether or PLAZA LA POSADA 241/CONTINUED not the FAR should include underground living quarters; although the plans make the home look very similar in size to the neighborhood, it is in fact not the same size as the other homes; Planning Commission only looked at the FAR and did not consider the other elements of the neighborhood compatibility; especially the compatibility with traffic on the cul-de-sac. Mayor Benjamin explains support as follows: Houses should be compatible to their neighborhood keeping neighborhood communities in tact and addressing adequate parking for proposed projects. Carried by a vote of 3 ayes. Mr. Hamilton voted no, feeling that the proposal met the FAR requirements and was designed as to blend in with the neighborhood. Mr. Carlson absent. Motion for consensus by Mr. Ferrito, seconded by Mr. Ventura, to refer underground residential to the Planning Commission and to review FAR to see if it should be amended to include underground living quarters. There should be a consistent policy decision made. Carried by a vote of 4 ayes. Mr. Carlson absent. GREENRIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER/ GROUND WATER/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision concerning ground water as the possible cause for tree damage on their property. There was no one in the audience who wished to address this issue. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to continue this hearing until November 20, 1989 to receive information from the Regional Water Quality Control Board. Carried by a vote of 4 ayes. Mr. Carlson absent. NICHOLSON AVE 315/MUHLHAUSER/APPEAL OF PC APPROVAL/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal regarding condition placed on the application by the Town Engineer. This condition requires paving the public alley adjacent to the home. Property Owner, Nicholas Mulhauser. Property Address, 315 Nicholson Ave. The following person addressed this issue: Nick Muhlhauser, 315 Nicholson Ave., requested withdrawal of his appeal. There was no one else from the audience who wished to speak to this issue. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to deny the appeal on the basis that it was withdrawn. Carried by a vote of 4 ayes. BLACKBERRY HILL #4/ANNEXATION/RESOLUTION 1989-207/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adoption of resolution approving annexation of the territory designated as "Blackberry Hill #4" to the Town of Los Gatos. There was no one from the audience who wished to address this issue. Motion by Mr. Hamilton, seconded by Mr. Ferrito, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. BLACKBERRY HILL #4 ANNEXATION/CONTINUED Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989- 207 entitled, A RESOLUTION MAKING A FINDING REGARDING THE VALUE OR WRITTEN PROTESTS FILED AND NOT WITHDRAWN AND ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLACKBERRY HILL #4 TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Carlson absent. UNION AVE 15537/DOWNING CENTER/LAPINE/APPEAL PC APPROVAL/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in granting the approval of plans to expand an existing shopping center to add additional stores, relocate an existing restaurant, and to construct additional parking on property in the C-1 zone, U-88-12 and S- 88-50. Property located at 15537 Union Ave. No significant impacts have been identified and a Negative Declaration has been recommended. If the Negative Declaration can be made no environmental impact report will be required. Property Owner, Arthur H. Downing, Jr. et al. Agent, Higgins and Root Ellmore Titus, A.I.A. Appellant, Anthony Lapine. The following people from the audience wished to address this issue. Anthony Lapine, 17420 High St., spoke about the noise generated from the shopping center and the need for a sound wall and visual shield from the center's activities for the neighboring residential rental unit. Paul Johnson, 430 Pinehurst, spoke of the noise, time element of center's activities, and the lack of visual privacy. He would like a wall 8 1/2 feet tall, a time limit for activity at the center of 9 p.m., and compressors turned off on trucks when they are in the dock area. Arthur Downing, 15895 Union Ave., thanked Town and neighbors for past support and asks for continued support for this center., Dave Downing, 15895 Union Ave., spoke of the efforts made to plan this center with concerns of the neighbors in mind. Laurie Benner, representative of Safeway stores, 47400 Cater Road, Freemont, stated that compressors will be turned off while in the docking area, other delivery trucks would be asked to comply to the same restriction, and that 7 a.m. to 11 p.m. are the times that Safeway would most like to operate. Frank Williams, 398 Pinehurst Ave., would like to see the new center opened and operating feeling that it would enhance the surrounding community. Stevenson, Heather Drive, spoke in favor of the development and its value to the neighborhood. Pam Lapine, 17420 High St., does not disapprove the new development but would simply like the issues of hours of operation, truck noise and a higher wall addressed. Meed, Warwick Drive, is looking forward to the new development's completion and the opening of the shopping center. There was no one else from the audience who wished to address this issue. Motion by Mr. Hamilton, seconded by Mr. Ventura, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Ventura, seconded by Mr. Hamilton, to grant the appeal in part and modify the decision of the Planning Commission in that they erred in not considering the full recommendations in the acoustical report and implementing them in the use permit. Approve UNION AVENUE 15537/DOWNING CENTER/CONTINUED the use permit and architectural and site application by modifying them as follows: 1) the masonry wall be measured on the residential side of the property; 2) evergreen landscaping be provided on both sides of the wall with cooperation of the private property owner; 3) hours of delivery at the loading dock be from 7 a.m. to 10 p.m. (which shall be reviewed one year after the supermarket commences operation); 4) and drought resistent evergreen plants be found for landscaping around the perimeter. Carried by a vote of 4 ayes. Mr. Carlson absent. PREFERENTIAL PARKING DISTRICTS/NON-REFUNDABLE FEES/RESOLUTION 1989-208 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the adoption of resolution establishing fees for special events and replacement passes in preferential parking districts. There was no one in the audience who wished to address this issue. Motion by Mr. Hamilton, seconded by Mr. Ferrito, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Hamilton, seconded by Mr. Ferrito, that Council adopt Resolution 1989- 208 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTIONS 1983-76, 1985-7, 1986-32 AND 1989-186 REGARDING DEPOSIT FOR SPECIAL EVENT AND REPLACEMENT PASSES FOR PREFERENTIAL PARKING DISTRICTS WITHIN THE TOWN OF LOS GATOS, which include a $5.00 non-refundable fee for the issuance of the first pass for special events and a $1.00 fee for each additional pass, and a $5.00 fee for replacing lost visitor passes. Carried by a vote of 4 ayes. Mr. Carlson absent. NEW YORK AVE/VACATION/MARIA'S BERRY FARM RELOCATION/RESOLUTION 1989- 209 Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the vacation of that portion of New York Ave. located in the area known as the Los Gatos Youth Park and to be used for the site of Maria's Berry Farm relocation and New Teen Center. There was no one from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Ferrito, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Ferrito, seconded by Mr. Ventura, that Council adopt Resolution 1989-209 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY CALLED NEW YORK AVENUE (FROM THE STATE RIGHT-OF-WAY FENCE TO 230 FEET SOUTHEASTERLY). Carried by a vote of 4 ayes. Mr. Carlson absent. MINUTES OF OCTOBER 16, 1989 Mr. Ferrito requested correction on page 5, last paragraph, last sentence to read, "He stated that it was said to be cost effective." Mr. Ferrito requested correction on page 7, fifth paragraph, the word "progressively" should read "aggressively." MINUTES OCTOBER 16, CONTINUED Mr. Ferrito requested correction on page 8, third paragraph, to read as follows, "The Professor initially expressed interest, but had since indicated that the site......." Mr. Ventura requested the roll call reflect that he was absent . Mr. Hamilton requested clarification on page 8, last paragraph, regarding Rosemary Camburn, Chairwoman of the Mowecma Indian tribe, defining her position more clearly. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to approve the October 16, 1989 minutes as corrected. Carried by a vote of 3 ayes. Mr. Ventura abstained. Mr. Carlson absent. MINUTES OF OCTOBER 22, 1989 Mr. Ventura requested correction on page 3, center page under Mr. Ventura adds: 1)................identical original (change "construction" to) configuration. Mr. Ventura requested correction on page 7, under Consensus Motions that the words "during demolition" be deleted from "...that photographs be taken of any architectural detail that may be uncovered (during demolition),....." Mr. Ferrito requested correction on page 7, under Mr. Ferrito, top of page, that the word "beside" read "decide" in "...we will be able to decide every issue..." Motion by Mr. Ferrito, seconded by Mr. Hamilton, to approve the Minutes of October 22, 1989 as corrected. Carried by a vote of 4 ayes. Mr. Carlson absent. TREASURER'S REPORT Council accepted Treasurer's Report of September 30, 1989 as submitted. ROUTE 85 RIPARIAN MITIGATION PLAN Motion by Mr. Hamilton, seconded by Mr. Ferrito, to continue this item until November 20, 1989. Carried by a vote of 4 ayes. Mr. Carlson absent. MOBILEHOME PARK VACANCIES/DEREGULATE RENT INCREASES/INTRODUCTION OF ORDINANCE Motion by Mr. Ventura, seconded by Mayor Benjamin, to waive the reading of the Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Clerk read the title. Motion by Mr. Ventura, seconded by Mayor Benjamin, to introduce Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE RENT MEDIATION AND DISPUTE ORDINANCE TO DEREGULATE RENT INCREASES ON MOBILE HOME PARK VACANCIES. Carried by a vote of 3 ayes. Mr. Ferrito abstained. Mr. Carlson absent. MOBILEHOME RENTS CONTINUED Motion by Mr. Ferrito, seconded by Mr. Ventura, to refer a review of the effect of deregulated rent increases on vacancies in the mobilehome parks to the Rent Advisory Committee for a report within 90 days. Carried by a vote of 4 ayes. Mr. Carlson absent. PERS/CONTRACTS WITH EMPLOYEES/MILITARY CREDIT AS PUBLIC SERVICE/ RESOLUTION 1989-211 Motion by Mr. Ferrito, seconded by Mayor Benjamin, that Council adopt Resolution 1989- 211 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS. Carried by a vote of 2 ayes. Mr. Hamilton abstained. Mr. Ventura and Mr. Carlson absent. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to waive the reading of Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING AMENDMENT TO CONTRACTS BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS. Carried by a vote of 3 ayes. Mr. Ventura and Mr. Carlson absent. The Town Clerk read the Title of the Ordinance. Motion by Mr. Ferrito, seconded by Mayor Benjamin, to introduce the Ordinance. Carried by a vote of 2 ayes. Mr. Ventura and Mr. Carlson absent. Mr. Hamilton abstained. LOS ROBLES WAY 17150/UTILITY EASEMENT/SALICE/RESOLUTION 1989-212 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-212 entitled, RESOLUTION ACCEPTING GRANT DEED, which accepts the parcel of land at 17150 Los Robles Way that provides access to Worcester Park as offered by Richard Salice. Carried by a vote of 2 ayes. Mr. Ferrito voted no. Mr. Ventura abstained due to Mr. Salice being a relative. Mr. Carlson absent. LOS ROBLES WAY 17150/SANITARY SEWER EASEMENT/WORCESTER PARK/SALICE/ RESOLUTION 1989-213 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-213 entitled, RESOLUTION GRANTING SANITARY SEWER EASEMENT, including a charge of $100.00 for the easement. Carried by a vote of 2 ayes. Mr. Ferrito voted no. Mr. Ventura abstained. Mr. Carlson absent. CLOSED SESSION Mary Jo Levinger, Town Attorney, announced that the Council would be meeting in Closed Session at this time. Council adjourned to Closed Session at 10:40 p.m. Council returned for regular meeting at 11:30 p.m. Mary Jo Levinger reported that Council had met in Closed Session pursuant to Government Code Section 54956.9(c) regarding claims or litigation concerning the damaged buildings. There is no report from that discussion. EARTHQUAKE DAMAGE/RESTORATION & RECONSTRUCTION/URGENCY ORDINANCE 1800 Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council waive the reading of Urgency Ordinance 1800 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING THE LOS GATOS RESTORATION PROGRAM FOR THE REPAIR, RESTORATION AND RECONSTRUCTION OF STRUCTURES DAMAGED AS A RESULT OF THE OCTOBER 17, 1989 EARTHQUAKE. Carried by a vote of 4 ayes. Mr. Carlson absent. The Town Clerk read the Title. Motion by Mr. Ferrito, seconded by Mr. Ventura, that Council introduce and adopt Ordinance 1800 with a Sunset clause added as evidenced in section XVI. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion for consensus by Mr. Hamilton, seconded by Mr. Ventura, that staff will accept conditional use permits without fees for relocation of restaurants; staff will review the use permit and the Council will review each permit on a case by case basis. Carried by a vote of 4 ayes. Mr. Carlson absent. The following spoke to the issue from the audience: Jim Farwell, 121 Laurel Ave, asked if the bars were also being addressed in this ordinance. Randy Reedy, 19 N. Santa Cruz Ave., asked if notices had been sent out to the people effected by the earthquake. DEMOLITION OF DANGEROUS PROPERTY/ORDINANCE 1801 Motion by Mr. Ferrito, seconded by Mr. Hamilton, to waive the reading of Ordinance 1801 entitled, ORDINANCE OF THE TOWN OF LOS GATOS PROVIDING FOR THE DEMOLITION OF DANGEROUS PROPERTY. Carried by 4 ayes. Mr. Carlson absent. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to introduce and adopt Ordinance 1800 as ammended. Carried by a vote of 4 ayes. Mr. Carlson absent. Speaker from the audience: Robert Mason, 744 24th Ave., San Francisco spoke in favor of the use of bricks as a building material. CITIES ASSOCIATION/SANTA CLARA COUNTY/BY- LAWS Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council approve the proposed by- laws of the Santa Clara County Cities Association. Carried by 4 ayes. Mr. Carlson absent. ADJOURNMENT At 11:50 p.m., Mary Jo Levinger announced that Council would be adjourned to Closed Session pursuant to Government Code 54956.9(c) to discuss Institution of Litigation regarding damaged buildings. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM110689