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M 07-16-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 16, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 100 East Main Street, at 8:30 p.m., Monday, July 16, 1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PLANNING COMMISSION/APPOINTMENTS/LEE CHASE/KATHRYN MORGAN DIANE ROBERTS Applications for two expired terms and one unexpired term were received from Steven Blanton, Lee Chase, Joseph Dean, Richard Derus, Catherine MacBeth, Kathryn Morgan, Stephen Rice, Diane Roberts and Sean Sullivan. Voting was held and Lee Chase and Kathryn Morgan were reappointed to their positions. Terms to expire 8/1/94. Diane Roberts was appointed to fill the unexpired term to expire 8/1/92. HISTORIC PRESERVATION COMMITTEE/APPOINTMENT/NICOLE CLAPP Applications were received for one expired term from Nicole Clapp, Leslie Dill, and Catherine MacBeth. Voting was held and Nicole Clapp was reappointed. Term to expire 8/1/94. MUSEUM COMMISSION/CATHERINE MAC BETH Application was received for vacancy on the Museum Commission from Catherine MacBeth. The appointment was made for three year term. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met on July 9, and 10, 1990 in Closed Session pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion on either evening. TC:D1:MM071690 On July 9, and 10, 1990 Council met pursuant to Government Code Section 54957 to discuss a Personnel matter. There is no report from that discussion on either evening. Council met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. Pursuant to Government Code Section 54956.9(a) to discuss Pending Case of Ian Jack/Town of Los Gatos vs. Gilbert. There is no report from that discussion. CLOSED SESSION CONT. Pursuant to Government Code Section 54957 to discuss Personnel matter. There is no report from that discussion. Pursuant to Government Code Section 54957 Council met on July 15, 1990 on a continued matter from July 10, 1990, to discuss a Personnel matter. There is no report on that discussion at this time. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS Informational report regarding county referrals was received and filed. CODE COMPLIANCE/QUARTERLY REPORT Informational report regarding Code Compliance Officer's report for fourth quarter was received and filed. PAYROLL/RATIFICATION/JUNE 29, 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of the accompanying check registers for payroll in the amount of $219,402.45 paid on June 29, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE-JULY 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of accounts payable invoices and accompanying check registers in the amount of $384,309.62 paid on June 28, June 29, and July 6, 1990. Carried unanimously. ALCOHOLIC BEVERAGE LICENSE ACQUISITION Informational report regarding Planning Commission approval of modification of Conditional Use Permit for Jasmine Restaurant allowing service of beer and wine with meals only. Report received and filed. CALIFORNIA IDENTIFICATION SYSTEM/LOS GATOS ACCESS/RESOLUTION 1990-151 TC:D1:MM071690 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT WITH SANTA CLARA COUNTY AND THE INCORPORATED CITIES TO PROVIDE LOS GATOS LAW ENFORCEMENT WITH ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM. Carried unanimously. FIRE PREVENTION/1988 UNIFORM FIRE CODE/AMENDMENT ADOPTION ORDINANCE 1829 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1829 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 12 OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO FIRE PREVENTION AND PROTECTION TO REPEAL THE 1982 UNIFORM FIRE CODE AND TO ADOPT THE 1988 UNIFORM FIRE CODE AS AMENDED, which was introduced at the Town Council meeting of July 2, 1990. Carried unanimously. TC:D1:MM071690 July 16, 1990 Los Gatos, California TOXIC GASES/TOWN CODE AMENDMENT/ORDINANCE 1830 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1830 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 12 OF THE TOWN CODE AND AMENDING THE 1988 EDITION OF THE UNIFORM FIRE CODE BY ADDING ARTICLE 88 REGULATING FACILITIES WHERE MATERIALS WHICH ARE OR WHICH MAY BECOME TOXIC GASES ARE FOUND, which was introduced at the Town Council meeting of July 2, 1990. Carried unanimously. HISTORIC PRESERVATION COMMITTEE/AMEND ZONING ORDINANCE/ORDINANCE 1831 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1831 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE DUTIES OF THE PLANNING COMMISSION IN REGARD TO HISTORIC PRESERVATION AND THE COMPOSITION, POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMITTEE , which was introduced at the Town Council meeting of July 2, 1990. Carried unanimously. TRAFFIC IMPACT/AMEND ZONING ORDINANCE/ORDINANCE 1832 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1832 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS, which was introduced at the Town Council meeting of July 2, 1990. Carried by a vote of 4 ayes. Mr. Ventura voted no for reasons reflected in previous record. ZONE CHANGE 83/AMEND ZONING ORDINANCE/ORDINANCE 1833 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1833 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 83 FROM R-1:8000 TO R-1:8000-PD, which was introduced at the Town Council meeting of July 2, 1990. Carried unanimously. LESTER LANE 156/WADE/TREE REMOVAL/RESOLUTION 1990-152 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD A DECISION OF THE PLANNING DIRECTOR IN DENYING AN APPLICATION TO REMOVE A TOWN PROTECTED TREE ON PROPERTY IN THE R-1:8000 ZONE, (156 LESTER LANE - WALTER E. WADE), which reflects the findings and decision of the Town Council at its meeting of July 2, 1990. Carried by a vote of 4 ayes. Mr. Ventura abstained due to a possible conflict of interest as stated in previous record. TC:D1:MM071690 July 16, 1990 Los Gatos, California CLAIM REJECTION/LESLIE KNOTT Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council reject the claim of Leslie Knott filed with the Town Clerk on June 8, 1990. Carried unanimously. CLAIM REJECTION/LINDA SPRANZO Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council reject the claim of Linda Spranzo filed with the Town Clerk on June 8, 1990. Carried unanimously. TC:D1:MM071690 July 16, 1990 Los Gatos, California CLAIM REJECTION/SHIRLEY MEDIOLA Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council reject the claim of Shirley Mediola filed with the Town Clerk on June 19, 1990. Carried unanimously. GENE CAMPBELL/SERVICE TO TOWN/COMMENDATION/RESOLUTION 1990-153 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 153 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CHIEF INSPECTOR GENE CAMPBELL FOR HIS SERVICE TO THE TOWN, upon his retirement June 29, 1990, after eleven years with the Town Engineering Department. Carried unanimously. ARTS COMMISSION/COMMENDATION/NANCY ANN BURBANK/RESOLUTION 1990-145 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING NANCY ANN BURBANK OF THE LOS GATOS ARTS COMMISSION, for her years of service. Carried unanimously. 8717A PROJECT/UNDERGROUND STORAGE/SERVICE CENTER IMPROVEMENTS Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council continue this item to August 6, 1990. Carried unanimously. DAMMIT RUN-1990/AUGUST 18, 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve the Los Gatos Athletic Association request to hold the Dammit Run on Saturday, August 18, 1990 subject to staff recommendations as itemized in Council report of June 16, 1990. Carried unanimously. TOWN COUNCIL MEETING/AUGUST 6, 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council hold the meeting of August 6, 1990 since it was determined there would be a quorum present. Carried unanimously. VERBAL COMMUNICATIONS Chris Wiley, 544 University, requested a stop sign at Andrews and University, mentioning a recent accident at that location, having written in previous years, and the acquisition on residents signatures on a petition. Council asked for this matter to be agendized for August 6, 1990. TC:D1:MM071690 July 16, 1990 Los Gatos, California HEARINGS OKA RD 14855/JEWISH COMMUNITY CENTER/EXPANSION/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of request to construct and operate expanded facilities including a health and fitness building and additional parking spaces on property in the R-1:8000 Zone. Conditional Use Permit Application U-83-21C and Architectural and Site Application S-85-23B. Property: 14855 Oka Rd. Property Owner: Jewish Community Center. Agent: Marvin Bamburg Associates, Inc. TC:D1:MM071690 July 16, 1990 Los Gatos, California HEARINGS CONTINUED OKA ROAD CONT. There was no one in the audience who wished to speak to this issue. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to continue this matter to September 4, 1990. Carried unanimously. TOWN MUSEUMS FUNDING/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider funding and other resources to the Town Museums. The following people from the audience wished to address this issue: Don Dodson, 239 Marchmont Drive, Chairman of the Los Gatos Museum Commission, explains that the proposal from the Commission requests that the Town takes a more direct role in managing the museums and establish means of accountability for funds expended. Mardi Bennett, 38 Alpine Ave., asked that funds from the Transient Occupancy Tax be used to help support the Museum. These funds were to be used for information regarding the Town, cultural pursuits, and quality of life in Los Gatos. Some felt that this meant support of arts and cultural pursuits in Town. George Neukam, 832 Lilac Way, President of the Los Gatos Museum Association, did not feel that the museums were asking for any additional funding but were simply asking that the funds be distributed in a different manner. There was no one else from the audience who wished to address this issue. Motion by Mr. Ventura, to close the public hearing. Mayor Ferrito declared the public hearing closed. Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council accept Alternative #1 as delineated in the Council report of July 16, 1990, and that the Town allocate $35,000 to the Los Gatos Museum Association which would be responsible for the operation and direction of the two museums. That a lease agreement be negotiated and executed between the Los Gatos Museum Association and the Town which would provide Los Gatos Museum Association with the responsibility of the overall operation of the museum. Ownership and maintenance obligations to be listed and inventoried in the agreement. This motion includes the disbandonment of the Museum Commission. Motion also includes that the funding and its continuity would fall under the auspices of the Town's grants to non-profits such as the Art Docents, Senior Coordinating Council and Live Oak Nutrition Center, and will appear for review at the same time as others during budget hearings. Town guarantees landscaping TC:D1:MM071690 July 16, 1990 Los Gatos, California and external care would remain the same as had been previously supplied. An existing Town Commission will be appointed to recommend funding. Carried by a vote of 4 ayes. Mr. Ferrito voted no feeling that the Museum should operate under the Town which would provide more direct accountability to the Town. COUNCIL RECESS Mayor Ferrito declared a recess at 9:28 p.m. The meeting was called back to order at 9:42 p.m. TC:D1:MM071690 July 16, 1990 Los Gatos, California HEARINGS CONTINUED SHANNON ROAD 14615/HABIB AZAR/CERTIFICATION OF EIR/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consideration of request for certification of an Environmental Impact Report and approval of a proposed 14-lot subdivision of 54.7 acres of hillside land along Santa Rosa Drive and north of Shannon Road in the HR-2½ Zone. Environmental Impact Report: EIR-88-1. Subdivision Application: M-87-1. Property: 14615 Shannon Road. Property Owner: Habib Azar. The following people from the audience wished to address this issue: Virginia Fanelli, Fanelli Consulting, Inc., 1175 Saratoga Ave., San Jose, requested certification of a submitted 15 lot map rather than the 14 lot map, notes riparian open space and animal trails, suggests Town take title to the open space and requests further thought on the extension of Sky Lane. Victor Witt, 14780 Sky Lane, asked Council's consideration of safety on Sky Lane, the availability of emergency access to residents of locked roads, and consideration of fire hydrants on the new road when built. Beverly Weinman, 14475 Shannon Road, would like to see larger lot sizes and asked who will be doing the fencing around the trail that abuts her property. Ray Elam, 14195 Shannon Road, would like a gate on the extended road and if there is a gate he is willing to have the road built on his property. Herb Weinman, 14475 Shannon Road, would like larger lots with individual ownership so that owners will take care of their own property for fire concerns and weed control. Steve Colen, 14677 Shannon Road, is concerned about the traffic on Shannon and Kennedy Roads and asked to widen Blossom Hill Road. Mr. Ventura, requested that the project dedicate additional contiguous open space to the Town for the ability of having the 15th lot. Additionally he asked the project limit its lot sizes to 1.2 acres on the upper level and to 2.5 on the lower sites. He also stated for the record that his intent was not to reduce house size but to maximize open space. He does not wish to subtract from building sites nor to reduce the ultimate square footage of the homes. Mrs. Benjamin, stated that she disagrees with the mixed message being given by Council to go to the hills in order to build a larger home and now being circumventing that by decreasing the lot sizes so that larger homes are no longer viable options. Mr. Hamilton, felt that it was rather late in the process to be asking for additional dedication of acreage by this project. TC:D1:MM071690 July 16, 1990 Los Gatos, California Hearing was suspended at this point for the project coordinators to convene and work out the details of smaller lot sizes, road alignment and open space dedication. Virginia Fanelli, returned to Council with the following presentation: A)Creation of Connecting Corridors: 1)Eastern border line a contiguous 60 foot wide corridor of open space. TC:D1:MM071690 July 16, 1990 Los Gatos, California HEARINGS CONTINUED SHANNON ROAD CONT. 2)Western border has 50 foot wide corridor based on fact that adjacent lands are already open. B)Continuation of Sky Lane: 1)Cul-de-sac road at 800 foot mark. 2)This size road does not need emergency access route. 3)Easement provided at the end of cul-de-sac for future connection allowing for future development on adjacent lands. C)Lot Sizes: 1)Lots on Ridge are 1.2 acres maximum with the exception of one lot which will be 2.3 acres 2)Four lower lots are now 2 acres each 3)6.4 acres of additional open space gives over 50% of existing parcel to open space. D)Asked for approval of this map subject to more precise engineering of the map and approval by staff. All conditions that applied to the previous map would apply to this map. E)Additionally: 1)Town will take ownership to all open space in fee title. 2)Project will be relieved of need for connecting road. 3)The final map will have 15 lots. 4)Pump station is an acceptable method os sewer treatment for the bottom 4 lots. Mayor Ferrito states that the hearing was closed an hour and a half ago. Consensus motion by Mr. Carlson, seconded by Mr. Ventura, that approval of this map and the conditions listed in the staff report of July 16, 1990 as in item #3 on page 2, approved by the Planning Commission, and the revised conditions on page three under #4, and the applicant's requested changes as modified tonight and under #5, page 3 and the New Conditions under #6, page 3 be adapted to coincide with the new map worked out this evening. Should the staff see anything that is inconsistent with any of our ordinances or is inconsistent with the revised hillside plan, that staff would return this item to Council. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this meeting past midnight. Carried unanimously. TC:D1:MM071690 July 16, 1990 Los Gatos, California Mayor Ferrito asks if the public hearing had been closed and states that everyone on staff is of the opinion that it has been closed. Motion by Mr. Carlson, seconded by Mrs. Benjamin, Council certify that it has reviewed and considered the information in the Environmental Impact Report and that the Environmental Impact Report has been completed in compliance with the requirements of CEQA and State and Town guidelines. Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito voted no. TC:D1:MM071690 July 16, 1990 Los Gatos, California HEARINGS CONTINUED SHANNON ROAD CONT Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the statement of Overriding Considerations based on the staff report of July 16, 1990 stating the Planning Commission's findings, which is in fact the large amount of open space that the Town is obtaining. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the findings as required by Section 66474 of the State Subdivision Map Act and which is stated in the staff report of July 16, 1990. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt the Mitigation Monitoring Program Plan. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council approve Subdivision Application M-87-1 as revised by the Council and staff tonight and referencing the modified map submitted this evening with changes. Carried unanimously. CENTRAL BUSINESS DISTRICT DEVELOPMENT/EXTENDING ORDINANCE 1826/HEARING NEIGHBORHOOD COMMERCIAL ZONE/C-1 ZONE/ORDINANCE 1834 Mayor Ferrito stated that this was the time and place for public hearing to consider the extension of Ordinance 1826, an Urgency Interim Zoning Ordinance, amending the Zoning Ordinance concerning office development in the central business district and consideration of whether to include the Neighborhood Commercial Zone in said Ordinance. There was no one from the audience who wished to address this issue. Mr. Carlson, reported that the Commercial Specific Plan Committee had voted unanimously, 7/0, to not include the C-1 Zone and to extend the Urgency Ordinance exactly as it was first written. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council make the findings that the extension of Ordinance 1826 is necessary to protect the public health, safety and welfare as set forth in Section I of the Draft Ordinance, (Exhibit 1). Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council waive the reading of TC:D1:MM071690 July 16, 1990 Los Gatos, California Draft Ordinance, (Exhibit 1). Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce the Draft Ordinance. Carried unanimously. TC:D1:MM071690 July 16, 1990 Los Gatos, California HEARINGS CONTINUED CENTRAL BUSINESS DISTRICT CONT. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Ordinance 1834 entitled, URGENCY INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE 1826 WHICH TEMPORARILY AMENDS THE ZONING ORDINANCE CONCERNING OFFICE DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT, which extends Ordinance 1826 which will be effective until June 18, 1991. Carried unanimously. MODIFICATION OF FEE SCHEDULES/HEARING/RESOLUTIONS 1990-154 AND 1990-155 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider modification of the following fee schedules: a)Consideration of changes in fee structure relating to parking at Oak Meadow Park. b)Consideration of the establishment of fee schedule for certain Police Department services relating to fortune telling and rescinding previously established resolution for police fee schedule. c)Consideration of changes in fee structure relating to the Fire Code. Ron Moore, Assistant Fire Chief, Central Fire District, explained the rational behind the change in fee schedule. There was no one else from the audience who wished to address these issues.FEE SCHEDULES Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing on items 28A, 28B, and 28C. Carried unanimously. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING FEES AND POLICIES FOR PARKING AT OAK MEADOW PARK, which increases parking fees at Oak Meadow Park from $2.00 to $3.00. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, to reopen the public hearing on 28B, (fees regarding filming and fortune telling), and continue this item to the meeting of September 3, 1990. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A FEE SCHEDULE FOR PERMITS, INSPECTIONS AND SERVICES RELATED TO THE TOWN FIRE PREVENTION CODE. Carried unanimously. TC:D1:MM071690 July 16, 1990 Los Gatos, California SECONDARY DWELLING UNITS/R-1D, RM AND PD ZONES/ORDINANCE 1835 Martin Kahn, 116 Pinta Crt, was invited to speak to Council. Requested a secondary unit on his property. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Ordinance 1835 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO ALLOW NEW SECONDARY DWELLING UNITS ONLY IN THE R-1D, RM TC:D1:MM071690 July 16, 1990 Los Gatos, California SECONDARY DWELLING UNITS CONT. AND PD ZONES, which was introduced at the Town Council meeting of July 2, 1990. Carried by a vote of 4 ayes. Mr. Ferrito voted no for reasons reflected in previous record. 8903 PROJECT/ANNUAL STREET RESURFACING/RESOLUTION 1990-156 Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council adopt Resolution 1990- entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8903 ANNUAL STREET RESURFACING, and authorizing the advertisement of Project 8903 - Annual Street Resurfacing for bids to be opened August 9, 1990, at 3:00 p.m. A condition on this motion for a report back on Los Gatos Blvd., and any other project, involving defective repaving or earthquake damage. This motion does not include striping along Blossom Hill Road between Los Gatos Blvd. and Robert Rd. Carried unanimously. SHANNON ROAD/RIGHT HAND TURN ON LOS GATOS BLVD/RESOLUTION 1990-157 Motion by Mr. Hamilton, seconded by Mrs. Benjamin, that Council approve the plan of allowing right turns on red from Shannon Road and from Roberts Road onto Los Gatos Blvd. This action to be monitored for six months and staff report to return to Council at that time. Motion failed by a vote of 2 ayes. Mr. Carlson, Mr. Ventura and Mayor Ferrito voted no for safety concerns. PATROL VEHICLE ACQUISITION Council consensus was to have this item continued to July 23, 1990 at which time staff would present a report on the methods which other cities in the bay area handled the turn over of police vehicles and the possibility of notifying other agencies of our need to turn over our vehicles for a better price than trade in. MINUTES OF JULY 2, 1990 Mayor Ferrito requested correction on page 5 just above Traffic Impact to read, "Council moved by consensus." Mayor Ferrito requested modification to page 6, Schedule of Public Hearings, to read, "requested information regarding the probable length of hearings and whether a quorum would be present." Mr. Ventura requested modification to page 3, bottom of page, to read, "that Town has been spending substantial sums on erosion control and the Town should try to avoid future maintenance responsibility for erosion control." Mr. Ventura requested clarification to page 5, under Lester Lane abstention, to read that the TC:D1:MM071690 July 16, 1990 Los Gatos, California property is not adjacent but is "near by". Mr. Carlson requested modification to page 4, under St. Joseph's Hill, to read, "based on our past action regarding the Guadalupe College application, this is now a private road." Mr. Carlson requested correction to page 5, under Lester Lane, to have the reasons stated in the resolution should be included in the minutes as to why Council upheld the Planning Commission's decision. TC:D1:MM071690 July 16, 1990 Los Gatos, California MINUTES CONT. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the minutes of July 2, 1990 as modified. Carried unanimously. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. BLOSSOM HILL RD 300/VASONA HILLS/OPEN SPACE MAINTENANCE DISTRICT Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the title of the Draft Ordinance. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS FIXING AND ESTABLISHING BOUNDARIES AND DECLARING FORMATION OF AN OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT WITHIN THE BOUNDS OF TRACT 8280, VASONA HILLS SUBDIVISION, LOCATED AT 300 BLOSSOM HILL ROAD. Carried unanimously. FORTUNE TELLING/BUSINESS REGULATIONS Motion by Mr. Carlson, seconded by Mr. Hamilton, to continue this item regarding the introduction of ordinance regulating the operating of a fortune telling business to August 6, 1990. Carried unanimously. CONGESTION MANAGEMENT AGENCY/COUNCIL REPORT Council accepted report from Mayor Ferrito regarding selection of West Valley Region representative and alternate to the Congestion Management Agency. Council ratified nomination of John Ashford, of Campbell, for representative and Mrs. Benjamin for active alternate, and confirmed participation in the agency. ADJOURNMENT Mayor Ferrito adjourned meeting at 12:18 p.m. to July 23, 1990. ATTEST: TC:D1:MM071690 July 16, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM071690