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M 10-19-92TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 19, 1992 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:51 p.m., Monday, October 19, 1992, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura and Mayor Eric D. Carlson. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Closed Session was not held prior to this evening's meeting but will be held following tonight's meeting. YOUTH ADVISORY COMMISSION APPOINTMENTS (00.20) Mayor Carlson announced that applications for appointment to the Youth Advisory Commission had been received from five students: Brooks Broderick, Kirsten Fish, Patricia Lowe, Matthew Rowan, Veko Vahamaki and Eleanor Harwood; and from four adults: Bernard Greenfield, Adele Lawrence, Michelle Nelson and Eric Scholl. Voting was held and Brooks Broderick, Kirsten Fish, Patricia Lowe, Matthew Rowan, Veko Vahamaki and Eleanor Harwood were appointed for student representatives and Bernard Greenfield, Adele Lawrence and Michelle Nelson as adult representatives for a one year term, commencing November 2, 1992. Consensus motion by Mrs. Benjamin to reopen advertising for student commissioners and to target Leigh and Westmont High, and Union and Rolling Hills middle schools for more diverse representation, noting that the Commission presently has representation from Los Gatos, Presentation and Bellarmine Highs and Fisher Middle. Carried unanimously. TC:D4:MM101992 PRESENTATION/GOLD MEDAL AWARD/HEALTHY CITIES PROJECT (000.43) Mayor Carlson presented the "California Healthy Cities Project Gold Medal Award" for being among ten of the cities having banned smoking in the work place to Lee Bowman, Town Planning Director. This award was received during the League of California Cities conference. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D4:MM101992 October 19, 1992 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT (02.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL/RATIFICATION/SEPTEMBER 1992 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of September 13 through 26, 1992 in the amount of $210,947.32 paid on October 2, 1992. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1992 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $651,662.74 paid on October 2nd and 9th, 1992. Carried unanimously. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (05.47) Informational item received and filed. CLAIM REJECTION/MATTHEW B. PEARSON (06.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Matthew B. Pearson filed September 9, 1992 with the Town Clerk. Carried unanimously. MILES AVE 41/SERVICE CENTER/R.J. BRYANT/FUNDING (07.44) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve a funding increase in the amount of $6,900 for additional paving, railings, and sidewalks (Attachment 1 of report) from Project Berryfarm. Carried unanimously. BLOSSOM HILL ROAD 14734/LAND CONSERVATION CONTRACT/NONRENEWAL (08.27) Informational item regarding the date (December 31, 2001) that this property will no longer be under the Land Conservation Contract. TRANSIT ASSIST/FY 1992-93/COUNTY TRANSIT DISTRICT (09.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council amend the Community Services Department's Transit Assist program FY 1992-93 Operating Budget in conformance with the Transit Assist Joint Powers Agency Board (TAJPAB) approval, to incorporate a grant from Santa Clara County Transit District (SCCTD) as stipulated in the report. Carried unanimously. RENT MEDIATION PROGRAM/FY 1991-92/INFORMATION AND REFERRAL SERVICES (10.16) Informational item from Information and Referral Services to the Town reporting on the TC:D4:MM101992 October 19, 1992 Los Gatos, California Rental Mediation Program for the year 1991-92. MOBILE HOME RENT CONTROL ORDINANCE/COMMENDATION/RESOLUTION 1992-191 GERALD MIRASSOU/WILLIAM KRAUS (11.16) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 191 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING WILLIAM KRAUS AND GERALD MIRASSOU FOR THEIR SERVICE TO THE TOWN AND COMMUNITY. Carried unanimously. TC:D4:MM101992 October 19, 1992 Los Gatos, California LOS GATOS WEEKLY-TIMES/LEGAL PUBLICATIONS/RESOLUTION 1992-192 (12.01) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 192 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT BETWEEN THE TOWN AND THE LOS GATOS WEEKLY-TIMES NEWSPAPER FOR LEGAL ADVERTISING FROM NOVEMBER 1, 1992 THROUGH OCTOBER 31, 1994. Carried unanimously. EMPLOYMENT RELATIONS/LIEBERT, CASSIDY & FRIERSON/RESOLUTION 1992-193 (14.10) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 193 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON, BAY AREA EMPLOYMENT RELATIONS CONSORTIUM, FOR SPECIAL SERVICES RELATING TO LEGAL TRAINING AND CONSULTING. Carried unanimously. WORKER'S COMP/PRESCRIPTION SERVICE/BEN & GARY'S/RESOLUTION 1992-194 (15.10) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992- 194 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH BEN & GARY'S COMMUNITY PHARMACY FOR WORKER'S COMPENSATION PRESCRIPTION SERVICES. Carried unanimously. LANDMARK/HISTORIC PRESERVATION/OVERLAY ZONE/ORDINANCE 1914 (20.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1914 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING NONSUBSTANTIVE PROVISIONS OF THE LHP OR LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE CHAPTER OF THE TOWN CODE. Carried unanimously. HISTORIC PRESERVATION/COMMITTEE DUTIES/ORDINANCE 1915 (21.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1915 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING THE DUTIES OF THE HISTORIC PRESERVATION COMMITTEE. Carried unanimously. CONFLICT OF INTEREST/AMENDING TOWN CODE/ORDINANCE 1916 (22.18) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1916 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4, SECTION 2.30.605 THROUGH 2.30.620 RELATING TO CONFLICT OF INTEREST CODE. Carried unanimously. TC:D4:MM101992 October 19, 1992 Los Gatos, California MOBILE HOME/RENT CONTROL/DISPUTE RESOLUTION/ORDINANCE 1917 (23.16) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1917 entitled, ORDINANCE OF THE TOWN OF LOS GATOS REGARDING RENT INCREASES AND DISPUTE RESOLUTION IN MOBILE HOME PARKS AND AMENDING THE TOWN'S RENTAL DISPUTE MEDIATION AND ARBITRATION ORDINANCE TO EXCLUDE NON-PARK OWNED MOBILE HOMES. Carried by a vote of 3 ayes. Mrs. Benjamin abstained due to previous absence. Mr. Ventura voted no as reflected in previous record. TC:D4:MM101992 October 19, 1992 Los Gatos, California VERBAL COMMUNICATIONS BUSINESS IMPROVEMENT DISTRICT Mike Silva, business at 102-C S. santa Cruz Ave., representing merchants to disband BID asked to address the Council concerning a request for a Resolution of Intent to Disestablish the BID. Mayor Carlson requested that he make his comments during Item 29 concerning this subject. HEARINGS SPECIAL EVENTS/PROMOTIONAL EVENTS/AUTOMOBILE DEALERS ORDINANCE INTRODUCTION/HEARING (24.46) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider amendments to the Town Zoning Ordinance to permit modifications to and the addition of new provisions concerning special/promotional events for automobile dealers. Zoning Ordinance Amendment A-91-9. Applicant, Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mr. Ventura, to close this public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council find that the Town Code Amendment is consistent with the General Plan. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried unanimously. The Town Clerk read the Title of the draft ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT NEW PROVISIONS CONCERNING SPECIAL/PROMOTIONAL EVENTS FOR AUTOMOBILE DEALERS. Carried unanimously. FRANK AVE 16997/DE LUCA/TREE APPEAL/HEARING (25.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to uphold an appeal of a decision of the Planning Director in denying an application to remove a protected tree on property in the R-1:8000 zone. Property located at 16997 Frank Avenue. Property owner: Patricia De Luca. TC:D4:MM101992 October 19, 1992 Los Gatos, California The following people from the audience spoke to this issue: Richard Salciccia, representing Ms De Luca, expressed many reasons for the tree removal, particularly stressing a safety issue due to the tree's decline. The tree has already caused $3,000 worth of damages when one of its limbs fell. The record shows at this time that the five Councilmembers have visited the property and seen the tree. Elizabeth Norris, 15805 Izorah Way, is in favor of the tree removal and submitted a letter for the record. TC:D4:MM101992 October 19, 1992 Los Gatos, California HEARINGS CONTINUED FRANK AVE/TREE REMOVAL CONT. Mr. La Rocca, Director of Parks, Forestry and Maintenance, reaffirmed Town's Policy concerning condition of existing trees. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close this public hearing. Carried unanimously. Motion by Mr. Blanton, to overturn the decision of the Planning Commission to deny the application to remove the protected tree as they did not take into account the imminent danger, and have staff inspect foundation for structural damage and compute the correct formula for tree replacement and mitigation. Motion failed for lack of second. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to grant the appeal because the tree is located in an inappropriate area for the home and neighborhood, leaving no room for landscaping or beautification of the yard or enhancement of environment. This motion to include the mitigation formula and landscaping, worked out with the Town arborist and to include inspection for possible structural damage. Motion failed with a vote of 2 ayes. The reasons for the 3 no votes follow: Mr. Attaway does not wish to make exceptions to Town Policy but thinks the appropriate procedure is to change the policy as a whole so as to be fair for all; to wait for new Council and review policy, and suggests that the applicant reapply or reappeal after clarification of policy. Mr. Ventura wishes to uphold current ordinance and support the recommendations of staff. He finds that Council values trees; wants them to stay where they are; structural damage to home is not evident; there is no evidence of threat to health and safety; and the tree is not declining. The criteria in current ordinance are good and should be upheld. The Town has consistently earned the Tree City U.S.A. Award by upholding its policy. Mayor Carlson suggested that Town Policy be reexamined at a later date when the new Councilmembers are seated but until that time the policy should be the same for all, and suggested review of criteria to allow removal if a tree is too big for its space. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reconsider the Tree Ordinance for the Town at such time as the new Councilmembers are seated, specifically the consideration of proportion of tree to space with which its in, and other issues which may be reviewed. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to allow this appeal to hold until after TC:D4:MM101992 October 19, 1992 Los Gatos, California the Town Tree Policy has been reviewed by the new Council. Carried unanimously. CAPISTRANO PLACE 101/MEZZETTA/ACCESSORY BUILDING APPEAL/HEARING (26.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission in denying a request for approval to construct an accessory building exceeding 450 square feet on property in the R- 1:10,000 zone. Property address: 101 Capistrano Place. Property owner: George Mezzetta. TC:D4:MM101992 October 19, 1992 Los Gatos, California HEARINGS CONTINUED CAPISTRANO PLACE CONT. There was no one from the audience to address this issue. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council allow the appellant to withdraw his appeal by his written request which is before Council this evening. Carried unanimously. PLANNED DEVELOPMENT/SHORT ROAD/BLOSSOM AND SHANNON/HEARING SHADY LANE/SUBDIVISION/ENVIRONMENTAL IMPACT REPORT/EIR (27.09) Mayor Carlson stated that this was the time and place duly noted for public hearing to consider certification of an Environmental Impact Report prepared for an application to divide 94.7 acres of hillside land into 27 single-family lots as a planned development with permanent open space and public trails. This property is generally located south of Blossom Hill Road, north of Shannon Road, and east of Short Road. Property located on Shady Lane. Environmental Impact Report EIR-87-1A. Property Owners: Norman Houge, Dr. William Angell and Alan Gregory. Mr. Bowman, Town Planning Director, reported the following: 1) It is unusual to not hear the project at the same time as the EIR 2) One year Streamlining Act does not apply to Planned Development 3) Planning Commission recommends certification on basis that EIR is adequate only for the project as described in the EIR 4) EIR can be supplemented with any changes to coincide with the changed project 5) Certifying the EIR does not give approval to the project 6) Council may certify and require a supplemental based on a revised project Mrs. Anderton, Town Attorney, gave the following opinion: The scope of the supplement would need to address the changes in the project and specify what the inadequacies identified by Council are, and amplify those areas. The EIR document as a CEQA process is simply an informational document that is designed to insure informed decision making regarding a project, and certification of the EIR in no way obligates the Council to approve the project described in the EIR. The following people from the audience spoke to this issue: Mary Glaser, representing Environmental Science Associates, 301 Brannon St., San Francisco, gave an overview of the EIR before Council this evening and answered questions for Council. TC:D4:MM101992 October 19, 1992 Los Gatos, California Norm Matteoni, 1740 Technology Drive, San Jose, representing the applicant, spoke in favor of certifying the EIR this evening and working with it and the project definition in developing an acceptable project. He felt that the concerns addressed within the EIR could be used as guidelines to continue work on a project and to have a tool with which to address the inadequacies identified by Council. Diane McLaughlin, 15626 Francis Oaks Way, spoke against certification of the EIR before Council this evening. Is not in favor of the project and does not want EIR certified before acceptable proposal is agreed upon. TC:D4:MM101992 October 19, 1992 Los Gatos, California HEARINGS CONTINUED SHORT ROAD/BLOSSOM AND SHANNON CONT Doran Dixon, 16095 Camino Del Cerro, feels that certification of EIR tonight is premature. Kerry Yeo, 15730 Shady Lane, is opposed to certification of EIR due to proximity of Schools to the development and the increase in enrollment due to this project. George Smith, Shannon Road, asked that Council approve the EIR this evening so that the project can move forward. Edita Quint, 15775 Gum Tree Lane, opposes the project and approving the EIR this evening because of the use of Gum Tree Lane in the plans and the need to preserve the wildlife. Lee McLaughlin, 15626 Francis Oaks Way, spoke regarding the Eucalyptus tree row along the ridge line and the need to preserve it. David Weissman, 15431 Francis Oaks Way, noted that revisions to the EIR would be far too extensive to make a coherent document and requested noncertification of the present document and asked for a new EIR to be submitted with the plans for a newly developed project. Items not considered in the EIR were legal rights to accessibility routes and the impacts to habitat. No one else from the audience addressed this issue. Mayor Carlson delineated major areas of concern addressed by audience and himself: 1) Visibility of certain lots which is contrary to Town's current Hillside Plan 2) Flora and Fauna concerns: flowers, tiger salamander, turtle species, mixed oak woodlands 3) Accessibility issues relating to road use for these sites 4) Protection of open space and impact on the Town's overall hillside policies 5) Circulation evaluation of entire project ....concluding that extensive mitigating measures would be needed in these areas as they relate to the present proposed project and these areas would remain as focal issues with whatever project redesign was submitted. Motion by Mr. Blanton, seconded by Mr. Attaway, to close this public hearing. Carried unanimously. Motion by Mr. Ventura, that Council not certify the EIR for the reasons stated by the Mayor and the circulation impacts. Motion failed for lack of second. Mayor Carlson summarized the issues as follows: Council finds that the impact of this proposed project, as evidenced in the EIR, and as amplified by the various speakers tonight, TC:D4:MM101992 October 19, 1992 Los Gatos, California is unacceptable. Council could not approve this project as it stands. The EIR before Council this evening delineates impacts to the environment that are unacceptable. Although the EIR may be certified as a fair analysis of the impacts the proposed project makes, certifying the EIR does not give approval of the project but rather concludes that the project is unacceptable and in no way conforms to the Town's Hillside Plan. This conclusion should direct the Planning Commission to not approve this project but to work with the applicant in requiring supplemental EIR to address the five delineated areas of concern. Certify the EIR but with the strong conclusion that impact is too great and is unacceptable for the Town's Hillside Plan. TC:D4:MM101992 October 19, 1992 Los Gatos, California HEARINGS CONTINUED SHORT ROAD/BLOSSOM AND SHANNON CONT Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council make the findings as required by Section 15090 of the Implementation of the California Environmental Quality Act (CEQA) that the final Environmental Impact Report complies as it relates to the proposed project, and with this certification Council finds that the impacts are so severe as to make the currently proposed project unacceptable, and Council instructs the applicant to either work with the Planning Commission or face possible denial of the project, and that based on the evidence heard this evening, if the project came before Council in its present form it would be denied. Carried by a vote of 4 ayes. Mr. Ventura voted no stating, that he feels that in the future Council will request a new EIR or a supplemental and that the request may be challenged in court. By not certifying the EIR the message is clearer that the project is not acceptable. Mayor Carlson reaffirmed language to appear in the resolution and motion as follows: "The current project as proposed identifies an impact that is unacceptable to the Council, and this project would be denied should it ever come before the Council." Mr. Bowman, Planning Director, requested Council comment on the directions given to the applicant by the Planning Commission. Council approved the following: 1) All development shall be in the least restrictive development areas as defined in the Hillside Development Standards. 2) Ridgeline development will not be allowed. 3) Development shall be clustered. The example given was ten homes on five acres. 4) Construction on slopes would be more preferable if it means avoiding the rigetops. 5) Provide realistic parameters regarding maximum square footage of houses, height, building materials and building site locations. 6) Lots shall be smaller and homes shall be smaller. 7) Graphically demonstrate the visual impact of development on the project site. The next item generated some discussion: 8) Shady Road extension to existing road on south side of creek Accessibility and Circulation as it would impact the environment and what action could be taken. a) Further investigate the endangered species situation with actual data studies, and opinions of experts, and be sure the road does not impact the species. b) Accessibility and the legal access to easements and roads must be considered. c) Internal circulation plan in relation to the environmental impacts. d) General Plan and Hillside Plan may need amendment to allow accessibility and least impact to environment in planning internal circulation. TC:D4:MM101992 October 19, 1992 Los Gatos, California e) Lot size and lot number should remain flexible until accessibility, circulation and environmental impact is determined. MINUTES OF OCTOBER 5, 1992 (28.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of October 5, 1992 be approved as submitted. Carried by a vote of 4 ayes. Mr. Carlson abstained due to previous absence. TC:D4:MM101992 October 19, 1992 Los Gatos, California DOWNTOWN BUSINESS IMPROVEMENT DISTRICT/BID/RESOLUTION 1992-196 (29.43) Mayor Carlson stated that this was the time and place duly noted to consider approval of the annual report submitted to Council by the BID; adoption of resolution of intent to renew and redefine the business improvement area known as the Downtown Los Gatos Business Improvement District; to levy and collect assessments in the District in the next fiscal year; to amend Ordinance 1987; and to consider setting a public hearing for November 16, 1992. Mr. Ventura abstained from this issue due to representing participating merchants in the downtown at this time. The following people from the audience spoke to this issue: Joe Hargett, representing The Downtown Association, spoke about the annual report to Council from the Association, the business meeting to be held this week, and requested the public hearing for the BID be set for November 16, 1992. He also explained plans for notification of membership regarding the public hearing. Michael Silva, spoke against the renewal of the BID, asked for disestablishment, and possible reformation under more specific and publicly accessible by-laws, posted agendas and minutes, budgeting and bookkeeping guidelines, and general accountability as an advisory board to the Town. He also requested information on the steps for disestablishment and direction for filing petitions. David Knapp, asked staff to assure Mr. Silva has the correct information now, as far as procedure and timing, so that his presentation on Nov. 16th will be legal and accurate. Jerome Gakowski, would like to have written notice of the Public Hearing of November 16, 1992 be sent to the full BID membership. Scott Wagner, 465 N. Santa Cruz Ave., spoke against the BID and its renewal at this time, and had a great deal to say about the charges and collection practices used for funding the district. He would like to know what bookkeeping practices are being used by the BID due to the fact that he was turned over to collection agency along with Mr. Silva. Mayor Carlson, suggested that staff review with the BID board the following issues: conducting of public meetings; by-law formulation; disbursement of funds; election of the board; political reform act; and to report back to Council that all activity is according to State enabling legislation. Mr. Attaway requested that staff review the BID packet that is to go to the general membership announcing the November 16th Public Hearing. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Annual Report of the BID. Carried by a vote of 4 ayes. Mr. Ventura abstained. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1992- TC:D4:MM101992 October 19, 1992 Los Gatos, California 196 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO RENEW AND REDEFINE THE BUSINESS IMPROVEMENT AREA KNOWN AS THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1993 AND AMENDING ORDINANCE 1876. Carried by a vote of 4 ayes. Mr. Ventura abstained. TC:D4:MM101992 October 19, 1992 Los Gatos, California BID CONTINUED Motion by Mr. Attaway, seconded by Mr. Blanton, that Council set a public hearing on November 16, 1992 for renewal of the BID. Carried by a vote of 4 ayes. Mr. Ventura abstained. WEDGEWOOD AVE/ABANDONMENT/COURTSTYLE ACCESS (30.09) Council accepted report to continue this item to November 2, 1992 at the request of the Courtstyle Home Owners Association. REFORESTATION PROGRAM/CENTRAL BUSINESS DISTRICT (31.28) Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council direct staff to return with specification allocating available funds for this fiscal year for the Central Business District Reforestation Program. Carried unanimously. Mrs. Benjamin suggested that Mr. Blanton take a request to the Rotary Club and ask if they would consider reforestation of the downtown as a fundraising priority of "The Great Race" as they have done in the past. Mr. La Rocca, Director of Parks, Forestry and Maintenance, explained that the Rotary Club had already allocated $1,000 of "The Great Race" fund raiser to this program. BACHMAN PARK/PLAYGROUND EQUIPMENT (32.25) Council accepted report regarding installation of playground equipment at Bachman Park. TRAFFIC IMPACT FEE/STUDY SESSION/RESCHEDULING (33.10) Council reaffirmed Community Services Commission Study Session for October 26, 1992 at 7:30 p.m. The Traffic Impact Fee Study Session will be rescheduled from November 2, 1992 to sometime in the new year. DEFERRED COMP/INVESTMENT ALTERNATIVES/RESOLUTION 1992-195 (13.10) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992- 195 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING DEFERRED COMPENSATION ADMINISTRATION PLAN TO LIMIT INVESTMENT ALTERNATIVES, which will include an annual audit of the fund; a report included in the Town Budget; and a semi-annual report to Council on the status of the investment fund from the Deferred Compensation Committee. Carried unanimously. DEVELOPMENT STANDARDS/FAIRVIEW PLAZA/HISTORIC DISTRICT ORDINANCE 1918 (16.15) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1918 TC:D4:MM101992 October 19, 1992 Los Gatos, California entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1351 EXPANDING THE DISTRICT BOUNDARIES AND MODIFYING THE DEVELOPMENT STANDARDS EFFECTING ZONE CHANGE 89 (FAIRVIEW PLAZA HISTORIC DISTRICT), which includes the following amendment, "Upon a demonstration of hardship by the applicant, the decision making body may approve an acceptable alternative to the original building material, if use of the original material is unfeasible due to unreasonable cost and commercial availability, or health and safety considerations." Carried unanimously. TC:D4:MM101992 October 19, 1992 Los Gatos, California DEVELOPMENT STANDARDS/ALMOND GROVE/HISTORIC DISTRICT ORDINANCE 1919 (17.15) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1919 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1463 EXPANDING THE DISTRICT BOUNDARIES AND MODIFYING THE DEVELOPMENT STANDARDS EFFECTING ZONE CHANGE 86 (ALMOND GROVE HISTORIC DISTRICT), which includes the following amendment, "Upon a demonstration of hardship by the applicant, the decision making body may approve an acceptable alternative to the original building material, if use of the original material is unfeasible due to unreasonable cost and commercial availability, or health and safety considerations." Carried unanimously. DEVELOPMENT STANDARDS/UNIVERSITY-EDELEN/HISTORIC DISTRICT ORDINANCE 1920 (18.15) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1920 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1844 EXPANDING THE DISTRICT BOUNDARIES AND MODIFYING THE DEVELOPMENT STANDARDS EFFECTING ZONE CHANGE 88 (UNIVERSITY-EDELEN HISTORIC DISTRICT), which includes the following amendment, "Upon a demonstration of hardship by the applicant, the decision making body may approve an acceptable alternative to the original building material, if use of the original material is unfeasible due to unreasonable cost and commercial availability, or health and safety considerations." Carried unanimously. DEVELOPMENT STANDARDS/BROADWAY/HISTORIC DISTRICT ORDINANCE 1921 (19.15) Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Ordinance 1921 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1648 EXPANDING THE DISTRICT BOUNDARIES AND MODIFYING THE DEVELOPMENT STANDARDS EFFECTING ZONE CHANGE 87 (BROADWAY HISTORIC DISTRICT), which includes the following amendment, "Upon a demonstration of hardship by the applicant, the decision making body may approve an acceptable alternative to the original building material, if use of the original material is unfeasible due to unreasonable cost and commercial availability, or health and safety considerations." Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adjourn this evening's meeting at 10:40 p.m. to Closed Session to discuss item listed on agenda and which will be reported on at the next regular Council Meeting. Carried unanimously. ATTEST: TC:D4:MM101992 October 19, 1992 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D4:MM101992