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M 04-21-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA APRIL 21, 1986 TOWN COUNCIL The Town Council/Parking authority met in a joint meeting in the Council Chambers of the Town Hall at 8:00 p.m., in regular session. Mayor Daily announced the meeting was starting late due to interviews for vacancy on the Park Commission and interviews for the Los Gatos Museum Commission being held. ROLL CALL PRESENT: Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura and Mayor Terrence J. Daily. ABSENT: Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. EXECUTIVE SESSION REPORT Town Attorney Levinger reported that Council had met in executive session after the last Council meeting on April 7, 1986 and discussed property acquisition, personnel and labor relations. There is no report from that discussion. On Monday, April 14, 1986 Council met in executive session prior to study session and discussed Labor relations and there is nothing to report. Prior to tonight's Council meeting council met in executive session, pursuant to Government Code Section 54956.9 (a) Council discussed the following cases: Town vs Ferrari; Town vs Los Gatos Chrysler-Plymouth; Town vs "And Chili's"; Abe vs Town and Town vs Boehringer. There is no report from that discussion. Pursuant to Government Code Section 54956.9 (b) the claim of Cathy Lockhart was discussed. The Council first voted and determined there was significant exposure to litigation and secondly they voted and authorized payment of the claim in the amount of $250.00. Check to be made payable to Cupertino Body Shop. Finally the Council discussed personnel, labor relations and property acquisitions. There is no report from those discussions. APPOINTMENT PARK COMMISSION Mayor Daily stated interviews for the one vacancy on the Park Commission were held prior to Council meeting and the applicants were Ardith Sams, Megan Jones Davidson and Rita R. Baum. As all applicants were qualified for the position, all were nominated. Voting was held and Ardith Sams received the majority votes and was appointed to the Park Commission for a 4 year term. LOS GATOS MUSEUM COMMISSION Mayor Daily stated interviews for the nine positions on the newly established Los Gatos Museum Commission were held prior to the Council meeting. There are 9 positions and 12 applicants. Mayor stated that all applicants qualified and all were nominated. Voting was held and the nine people receiving the majority of votes were: John Baggerly, Robert G. Olson, Rosalie Lincoln, Alice McCammon, Mr. Arthur Downing, Mrs. Lyn Packard, John Barnes, Dr. George Neukam and Caladora Brown. These nine applicants were appointed to the Los Gatos Museum Commission for a 3 year term. TREASURERS REPORT FOR MARCH Mayor Daily acknowledged receipt of Treasurer's monthly report for March 1986. PROJECT 305 LOS GATOS BLVD STREET IMPROVEMENTS Due to contractor request for continuance of this Notice of Completion, Mr. Ventura moved request be granted and this matter be continued to May 19, 1986. Mr. Ferrito seconded. Carried by vote of 4 ayes. Mr. Carlson was absent. APPEAL - ZONE CHANGE APPLICATION Z-84-5 PENDAR CORP. Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of request for zone change Application Z-84-5 requesting a change of zone from O, R-1:8,000 and RM5-20 to RM:5-20-PD in order to construct a 173 unit residential development on 8.8 acres of property at the southeast corner of Blossom Hill Road and Roberts Road. (Nino-Crosby) Appellant Pendar. Appellant - Pendar Corporation has requested, by letter, to have this matter continued to May 5, 1986, at which time there will be a full Council. Mr. Ventura moved to grant request and continue this item to May 5, 1986. Mr. Ferrito seconded. Carried by vote of 4 ayes. Mr. Carlson was absent. APPEAL-BUILDING CODE CORRECTION 80 BROADWAY Mayor Daily stated this was the time and place duly published for public hearing to consider the appeal of the Building Official's decision concerning Code correction required for approval of Secondary Living Unit at 80 Broadway (E.C.Baumgardner). Mr. Baumgardner requested (in writing) the continuance of hearing to May 19, 1986. Mr. Ferrito moved request be granted and this item be continued to May 19, 1986. Mr. Ventura seconded. Carried by vote of 4 ayes. Mr. Carlson was absent. BID AWARD POLICE CAR ACCESSORIES It was noted bids were received from Emergency Vehicle Systems and Bay Area Systems Inc. for the purchase of ten (10) Emergency Light Bar/Siren/PA Systems for Police Patrol Cars. E.W. Johnson & Associates submitted bid for light bars only. Mrs. Benjamin moved to accept staff recommendation and award the bid for the ten (10) police emergency/light bar and Siren control systems for patrol car use, to Emergency Vehicle Systems of San Carlos, based on their net bid of $8,260.00 plus tax, total bid of $8,838.20. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. COMMUNICATIONS (REFERRAL FILE) a. Letter from Youth Advisory Commission requesting permission to hold a concert/dance in Town Plaza on June 14, 1986. Mrs. Benjamin moved to refer this to Town Manager for report. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. b. Letter from Glee Salveson regarding dangerous road conditions for pedestrians on Blossom Hill Road and requesting the Town to provide for pedestrian and bicycle safety along Blossom Hill Road. Mrs. Benjamin moved to refer this to Town Manager for report. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. c. Letter from N. Kirkham regarding Secondary Dwelling Unit at 46-48 Broadway. Mrs. Benjamin moved to refer this letter to Town Manager for report. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. d. Letter from Gambord Investments regarding vandalism of building at 300 Main Street. Mrs. Benjamin moved to refer this letter to Town Manager for report. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. e. Letter from First Assembly of God Church, 16735 Lark Avenue, regarding removal of sidewalk in front of the Church and the planting of some trees. Mrs. Benjamin moved to refer this letter to Town Manager for report. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. f. Notice from PG&E of their filing with PUC for decrease in electric rates. Noted and filed. PARKING COMM. REPORT Informational report for Council. CODE COMPLIANCE OFFICER REPORT Informational report for Council. SECONDARY DWELLING UNIT REPORT Informational report for Council. SCHEDULE OF PUBLIC HEARINGS Report for Council on upcoming scheduled public hearings. FAIRVIEW PLAZA REHAB LOAN Mr. Ferrito questioned the legality of this, given the Towns loan term rule. Manager stated Council has authority to change those rules by exception with the faction. After further discussion, Mrs. Benjamin moved to accept staff recommendation and approve deferral of loan payment of a rental rehab loan to be made to Community Housing Developers for the Fairview Plaza project until July, 1997. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. APPEAL-DEMOLITION OF STRUCTURE AT 229 BACHMAN Mrs. Benjamin moved for adoption of Resolution No. 1986-47 entitled, RESOLUTION REMANDING TO THE PLANNING COMMISSION THE APPEAL OF A DECISION OF THE PLANNING COMMISSION IN DENYING THE REQUEST TO DEMOLISH AN EXISTING RESIDENCE AND TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE IN THE R-1:D; LHP ZONE. (229 Bachman Avenue -- Wells L. Marvin). Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN STREETS Mrs. Benjamin moved for adoption of Ordinance No. 1683 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16-43.2 OF THE LOS GATOS TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. APPEAL-BLDG. CODE CORRECTION 269 LOS GATOS BLVD. Mrs. Benjamin moved for adoption of Resolution No. 1986-48 entitled, RESOLUTION DENYING APPEAL OF BUILDING OFFICIAL DECISION CONCERNING HOUSING CODE CORRECTION REQUIRED FOR APPROVAL OF SECONDARY DWELLING UNIT (269 Los Gatos Boulevard - Joanne Wilson). Mr. Ventura seconded. Carried by vote of three ayes. Mr. Carlson was absent. Mr. Daily abstained due to his absence from previous meeting when this was discussed. APPEAL-BLDG. CODE CORRECTION 16759-A FRANK AVE. Mrs. Benjamin moved for adoption of Resolution No. 1986-49 entitled RESOLUTION DENYING APPEAL OF BUILDING OFFICIAL DECISION CONCERNING HOUSING CODE CORRECTION REQUIRED FOR APPROVAL OF SECONDARY DWELLING UNIT (16759-A Frank Avenue -- John Blackburn). Mr. Ventura seconded. Carried by vote of three ayes. Mr. Carlson was absent. Mr. Daily abstained due to his absence from previous meeting when this was discussed. NOTICE OF COMPLETION TRACT 6926 Mrs. Benjamin moved Council accept Notice of Completion and Certificate of Acceptance for Tract 6926 - Villa Felice - 15350 Winchester Boulevard; authorize the Mayor to execute said document and Town Clerk to record. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. CONSTRUCTION OF LOS GATOS CREEK BICYCLE PATH PROJECT 326. Mrs. Benjamin moved for adoption of Resolution No. 1986-50 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AFFIRMING ITS INTENTION TO CONSTRUCT PROJECT 326 - LOS GATOS CREEK BICYCLE PATH (OLD TOWN TO ROBERTS ROAD IN FISCAL YEAR 1986-87; AND COMMITTING AN ESTIMATED $132,000 IN TOWN MONIES TO SUPPLEMENT TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS FOR CONSTRUCTION PURPOSES. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. PERMIT PARKING BETWEEN WILDER & VICTORIA LANE ON BACHMAN Mrs. Benjamin moved to accept staff recommendation and deny the request to remove the existing permit parking on the south side of Bachman Avenue between Wilder Avenue between Wilder Avenue and Victory Lane. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. WATER & SEWER EXTENSION AGREEMENT FOR 15294 KENNEDY RD. Mrs. Benjamin moved for adoption of Resolution No. 1986-51 entitled, RESOLUTION AUTHORIZING WATER AND SEWER EXTENSION AGREEMENT FOR 15294 KENNEDY RD.; authorize the Mayor to execute said agreement and the Town Clerk to record same on behalf of the Town. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. ACCEPTANCE OF FEDERAL REVENUE SHARING COMPLIANCE AUDIT FOR FY 84-85 Mrs. Benjamin moved that Council accept the Federal Revenue Sharing compliance audit for FY 1984-85 and staff recommendations for future revenue sharing audits. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. DECLARATIONS OF WORK PERIODS UNDER FLSA Mrs. Benjamin moved for adoption of Resolution No. 1986-52 entitled, RESOLUTION AMENDING RESOLUTION DECLARING WORK PERIODS UNDER THE FEDERAL LABOR STANDARDS ACT. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. DECLARATIONS OF WORK PERIODS UNDER FLSA Mrs. Benjamin moved for adoption of Resolution No. 1986-52 entitled, RESOLUTION AMENDING RESOLUTION DECLARING WORK PERIODS UNDER THE FEDERAL LABOR STANDARDS ACT. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. 12TH ANNUAL CATS HILL BICYCLE RACE Mrs. Benjamin moved to approve the request of the Los Gatos Bicycle Club to hold the Twelfth Annual Cat's Hill Bicycle Race on Sunday, May 4, 1986, subject to the following conditions; 1.Fifty per cent of anticipated Town costs be deposited with the Town Clerk at least one week in advance of the race. Balance payable upon billing by the Town. 2.That all portable restrooms and privately owned barricades he removed from the race course immediately following conclusion of the race. 3.That trash containers be provided and that race course be cleared of all trash at conclusion of the event. 4.Twice prior to the event a flyer to be distributed to all residents along and within the race course advising of the event. The second flyer to be delivered the day before race date and will include a warning that all cars along the race course be moved prior to the event. 5.A list of names and telephone numbers of contact persons for this event to be provided to the police department. 6.A restraining barrier be provided at Bachman and Tait, the start/finish line, and those popular areas of the course heavily attended, to keep spectators out of the street. 7.No race participants on the course prior to 12 noon street closure. 8.A minimum of nine police officers assigned for crowd and traffic control. 9 .Coordination with the Public Works Department for sweeping of the race course. 10.All Town incurred costs to be paid by the Los Gatos Bicycle Racing Club. 11.Signature of a Hold Harmless Agreement. 12.Applicant will provide the Town with special event insurance coverage in the amount of one million dollars ($1,000,000). The Town to be named as additionally insured. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. JEWISH COMMUNITY CENTER WALK MAY 18, 1986 Mrs. Benjamin moved to approve the Jewish Community Center Walk on May 18, 1986, subject to the following condition: a. Sidewalks or shoulder will be used on all roadways. Adult monitors will provide supervision for route discipline. b. Applicant to meet all requirements of the County Parks Department for use of Vasona Park. c. Applicant will provide insurance for event in the amount of one million dollars (1,000,000). Applicant will name the Town as additionally insured. The Town will be provided with a hold harmless agreement. d. Applicant will maintain cleanliness of the route. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. OAK MEADOW PARK IST ANNUAL LOS GATOS GET TOGETHER Mrs. Benjamin moved to approve applicant's request to sponsor the "First Annual Los Gatos Get Together" at Oak Meadow Park on May 3, 1986. Subject to the following conditions: a. Applicant will meet with Park and Police Department staff to coordinate the event. b. Applicant will reimburse the Town of Los Gatos for maintenance and security services provides. c. Applicant will provide the Town of Los Gatos with special event insurance coverage in the amount of one million dollars ($1,000,000). The Town will be named as additionally insured. The applicant will also provide the Town with a Hold Harmless Agreement. d. Amplified music shall not exceed 75 DBA measured twenty-five (25) feet from the source. e. Applicant will apply for applicable facility use permit and pay $55.00 reservation fee. f. In that there are no alcoholic beverages being sold or dispensed, the on-duty Park Ranger will provide all necessary security. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. LOS GATOS LITTLE LEAGUE BOUNDARY CHANGE Mrs. Benjamin moved Mayor send letter to the Little League District Office requesting a change in the Little League Boundaries. (This is in answer to requests made by residents). Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. AMICUS PARTICIPATION Mrs. Benjamin moved to authorize the Town to participate in amicus briefs in the Hansch vs. County of Los Angeles; Palmer vs. City of Ojai at no costs to the Town. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. AMENDED RESOLUTION CREATING LOS GATOS MUSEUM COMMISSION Mrs. Benjamin moved for adoption of Resolution No. 1986-53 entitled, A RESOLUTION CREATING THE MUSEUM COMMISSION OF LOS GATOS. (This is made to encourage the continuation of Forbes Mill as a Regional Museum). Mr. Ventura seconded. Carried by vote of ayes. Mr. Carlson was absent. Mr. Ferrito stated it should be pointed out for public awareness, that Forbes Mill was jointly funded by the County and that is where the subject of Regional Museum comes in. It is not Council's intent to pull in people from the Region. Our intent is to comply with the funding of it. COMMENDATION NADINE P. LEVIN Mrs. Benjamin moved for adoption of Resolution No. 1986-54 entitled, RESOLUTION OF COMMENDATION - NADINE P. LEVIN - ASSISTANT TOWN MANAGER. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. MINUTES APRIL 7, 1986 Mr. Ventura requested correction of minutes Pg. 3 - Subject _ Demolition of Residence at 229 Bachman. Motion on granting the appeal to red "Mrs. Benjamin moved to grant he appeal as Planning Commission erred in not considering the present condition of the residence and all of its faults that are listed in the report from the Engineering firm. The existing building may be demolished subject to an approved plan for construction of an alternate house which shall be on a smaller scale and consistent with the neighborhood". Mr. Ventura also wished to add that "the Town should give some specific directions to the Planning Commission on the size of the house and just what Council is looking for in size and design. The 4th sentence from bottom of Pg. 4 change word "to" to "from". Pg.4 - Subject - Bicycle & Pedestrian Safety Improvements, Blossom Hill Rd. and Shannon Rd. add "Council direct staff to contact the Dodge Dealership gain regarding their parking cars on Shannon Rd." Mr. Ferrito requested correction of minutes - Pg. 4 add at the bottom of the page, his reason for abstaining "Mr. Ferrito stated his reason for abstaining in voting on the nonconforming use is due to his being a tenant, and under State Law it is questionable as to whether he could participate in any decision relating to said district." On Pg. 7 - Subject _ Townwide Speed Zone Study - add at the end, "Mr. Ferrito wished it noted that as a result of this study that there is a maximum of 35 MPH speed limit on all Town streets. On Pg. 3 - Subject - Special Warrants to KCAT - add reason for Mr. Ferrito and Mr.Ventura abstaining from voting was due to their being members of KCAT Board of Directors. Mr. Ventura moved for approval of the April 7, 1986 minutes as corrected. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr.Carlson was absent and Mr. Daily abstained due to his being absent for a portion of the meeting. PAYROLL APRIL 11, 1986 Mrs. Benjamin moved for approval of the April 11, 1986 payroll in the amount of $144,507.46 and related warrants in the amount of $80,817.06. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. WARRANTS APRIL 1. 1986 Mr. Ventura moved for approval of April 1, 1986 warrants in the amount of $509,260.69. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Carlson was absent. APPEAL - CERTIFICATION OF COMPLIANCE 17101 LOS ROBLES WAY Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial of request for approval of Certificate of Compliance on two lots located in the R-1:20,000 zone. Subdivision application M-79-17A (located at 17101 Los Robles Way). Mrs. Mary Sinclitico, 17055 Los Robles Way, spoke in opposition of project and asked for clarification of change in State Law which no longer requires Certificate of Compliance. It was her understanding that it is something you no longer need in order to re-establish the old lot lines. Mr. Bowman stated it is clear under State Law that Certificate of Compliance clearly establishes what happens to the parcel. Town Attorney stated that a Certificate of Compliance is mandatory under State Law and the Council may impose conditions and that's what this report proposes to do. There being no one else from the audience wishing to speak on this issue, Mrs. Benjamin moved public hearing be closed. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ferrito reported that he and Mr. Ventura had met a couple of times with residents on Los Robles Way, including representatives of the applicant. Discussion was held on the possibility of the neighbors purchasing the lot in question (for a park) or have the Park Commission look into whether the lot met any of the criteria for a Park. The Park Commission reported the lot did not meet the criteria and neighbors not willing to purchase the lot. After further questions answered by Mr. Bowman, replacing conditions and requirements for emergency access road, Mrs. Benjamin moved to grant the approval with an addition of condition 6. "Require site and architectural approval". Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ventura moved to approve Certificate of Compliance with 5 conditions as stated by staff. Condition 6 as added and add condition 7. "No building permit issue until adequate secondary means of emergency access is provided to the site, to the satisfaction of the Town Engineer." Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Daily voting no for procedural reasons. He would have felt better if applicant had been present and heard the additional conditions. Mr. Ferrito requested the record to reflect that he is only voting yes because he feels that Legislature has removed any and all ability to really decide this issue. Mr. Carlson was absent. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. ZONING ORDINANCE AMENDMENT A-86=1 (BMP) Mayor Daily stated this was the time and place duly published to consider zoning Ordinance amendment A-86-1 and amendment to the Zoning Ordinance concerning Below Market Price Regulations. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to make the negative declaration. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to make the finding that the Ordinance amendment is consistent with the General Plan. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 2.00 AND 3.90 OF THE TOWN ZONING ORDINANCE RELATING TO DEFINITIONS AND HOUSING ASSISTANCE PROGRAMS. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Clerk read title, Mr. Ferrito moved for introduction of ordinance Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. CROSSING GUARD SARATOGA & MASSOL AVENUE Mrs. Benjamin spoke on concerns of installation of signal light and the possibility of that pushing traffic into adjoining neighborhood streets. Councilmembers all agree this is a dangerous situation and after further discussion Mrs. Benjamin moved to refer this issue to subcommittee of Mayor Daily and Vice-Mayor Ventura to work with two members of Monte Sereno Council and the parents of children in that area, to work towards trying to find a solution to this problem. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. CRITICAL INTERSECTION IMPACT PARTICIPATION Town Engineer Zapf, answered questions of Council members regarding the policy statement presented to Council. After further discussion on this issue, Mr. Ferrito moved to add sentence to last paragraph. The last paragraph would read "The aforementioned policy statement is not to be construed as acceptance on the part of the Town of Los Gatos of service level "D". The Town specifically retains the right of review and approval (or denial) of each project based on it's merits". Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to approve the Critical Intersection Impact Participation Policy Statement with the amendment as stated above. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson seconded. URGENCY INTERIM ZONING ORDINANCE CONSTRUCTION DWELLING ON NONCONFORMING RESIDENTIAL LOTS Mayor Daily stated that this was the time and place duly published for public hearing to consider an urgency interim zoning ordinance concerning the construction of dwelling on nonconforming residential lots as set forth in section 3.50.140 of the Zoning Ordinance. Speaking on this issue was Attorney George Tobin. Mr. Tobin stated there are no recitations of facts in the preamble to this ordinance justifying any conclusion that there is a threat to public health safety or welfare, so feels that the essential findings for an emergency ordinance are missing. Town Attorney Levinger, stated that with regard to factual findings this has been reviewed and Section 1a and 1b indicates the necessity for the emergency. After further discussion and there being no one else wishing to speak on this issue, Mrs.Benjamin moved to make findings as stated in Section 1 regarding the Urgency for adoption of said Urgency Ordinance. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved reading be waived for AN URGENCY INTERIM ZONING ORDINANCE AMENDING SECTION 3.50.140 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING LOTS. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ventura moved to change old Section 1c to 1d and add a new lc to read - "Unless immediate action is taken significant and irreplaceable damage could occur to a important historical residential area of Town of Los Gatos which could be threatened by incompatible new construction. Motion died for lack of a second. Mr. Ferrito stated Council may wish to make a finding that relates to the numerous non-conforming residential lots which may be potential building sites due to recent revisions of the Subdivision Map Act or to our already unworkable intersections. Mr. Ferrito then moved to add to proposed Ordinance a new Section 1c to read "The cumulative effect resulting from the construction of numerous residences on non- conforming lots, which would be potential building sites due to recent revisions of the Subdivision Map Act, could significantly impact traffic and the level of service at critical intersections as well as other impacts associated with increased densities that may occur on a neighborhood level" and change the old Section 1c to 1d. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ventura moved Ordinance be introduced as amended. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Ventura moved for adoption of Ordinance No. 1684 entitled, AN URGENCY INTERIM ZONING ORDINANCE AMENDING SECTION 3.50.140 OF THE LOS GATOS ZONING ORDINANCE FOR NONCONFORMING LOTS. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to refer this to Planning Commission and set a public hearing for June 2, 1986 to consider permanent amendment to the Zoning Ordinance. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. SAMARITAN DRIVE AT LOS GATOS BOULEVARD Mayor Daily stated this is a request for agreement regarding land development adjacent to Route 85 at National avenue and Samaritan Drive. Speaking on the issue was Bruce McClish, Vice-President of Civil Engineer at Ruth & Going, 919 The Alameda in San Jose and representing the Samaritan Medical Group on Samaritan Dr. He stated they would like to see some action taken in support of realignment of Samaritan Dr. to facilitate construction of medical offices along Samaritan Drive in the City of San Jose. After further discussion on wording of statement, Council directed Mr. McClish to work with Town staff on wording and report back in two weeks. Mr. Ferrito moved to continue this issue to May 5, 1986. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. PARKING PROHIBITION FRONTING 646 N. SANTA CRUZ Mr. Ventura moved for adoption of Resolution No. 1986-55 entitled, PARKING PROHIBITION NORTH SANTA CRUZ AVENUE. Mr. Daily seconded. Carried by vote of three ayes. Mrs. Benjamin requested the record to reflect that she supported the motion as she feels this will ease some of the right hand turn traffic movements and perhaps make that a little safer, as cars have a tendency to weave back and forth,and she also saw there was a place for the residents to be able to park, but normally she would not favor this type of action. Mr. Ferrito voted no. Mr. Carlson was absent. Mr. Ventura moved to have a follow up report brought back to Council in 90 days after implementation on how residents feel and observation of traffic flow and if it solved the problems. Mrs. Benjamin seconded. Carried y vote of four ayes. Mr. Carlson was absent. PARK COMMISSION CAPITAL IMPROVEMENT PROGRAM PARTICIPATION Informational report for Council PLANNING COMMISSION CAPITAL IMPROVEMENT PROGRAM PARTICIPATION Mrs. Benjamin moved to accept said report. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. CAPITAL IMPROVEMENT PROGRAM 86-87/91-91 Some discussions were held and given the number of significant questions and concerns on various CIP programs it was consensus of Council that another study session is needed to discuss these various issues. After general discussion Mr.Ferrito moved to continue this item to May 5, 1986 at which time there will be a study session on this item at 5:00 p.m. prior to the Council meeting. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Carlson was absent. CULTURAL COMMISSION FUND Mrs. Benjamin questioned whether Cultural Commission should purchase the materials for the Town whereby other groups may use them and not just High School Art Club. Mr. Ferrito suggested Cultural Commission help the Art Club in approaching the Board of Trustee in asking them for money for this purchase. Mrs. Benjamin moved this agenda item be continued and direct staff to direct the Cultural Commission to look at concerns Council raised. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. CRAFFORD PROPERTY 16-16 1/2 CLIFTON ACREAGE REVERSION Mr. Ventura stated given the content of letter from Attorney Mr. Widman, representing the Craffords, presented to Council at meeting tonight, Council defer action on the entire item for two weeks to give Council a chance to review the letter. Town Attorney stated she had not received a copy of the letter and recommends in view of the significance of the letter that this matter be put over to next meeting to allow for an appropriate staff report and to put this on as a consent item. Mr. Ventura moved to continue this to May 5, 1986. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Carlson seconded. NATIONAL TENNIS TOURNAMENT BLOSSOM HILL PARK Present to answer questions of Council on this request were Frank Jelinch, Chariman of Park Commission and Jim Murphy, member of the tournament Committee. Mayor Daily stated Councils concern is that all courts would be used in Tournament play and there would be no court open for recreational play and that does not meet Policy Statement as adopted by Council. Councils policy statement will allow the use of 5 courts, with one court remaining open for recreational play. Council suggested they look into using Leigh Avenue School courts and noted there are not that many courts available in Town for resident use. Mr. Jelinch spoke favorably in grating this requested waiver. Mr. Murphy spoke on the benefits for the youth in playing in this type of tournament and courts would only be used during week days. After further discussion Mr. Ventura moved to grant the use of six tennis courts at Blossom Hill Park for Tournament play on July 7-10. Mr. Daily seconded. Mrs. Benjamin stated she would vote in favor this year, but that in subsequent requests, there should always be at least one court open for regular public play. Carried by a vote of four ayes. Mr. Carlson was absent. TRAFFIC CONTROL KENNEDY ROAD Speaking on this issue was Mr. Greg Herman, 16001 S. Kennedy Rd. He spoke on the lack of visibility at Kennedy and S. Kennedy Rd. due to tree and also spoke of speeding on said road. He is opposed to Mr. Bondelie's request regarding a cul-de-sac. Favors staff recommendation regarding no left turn onto northbound Kennedy Road and recommends installation of island of dots and placing of sign, indicating no left turns. Council favored Mr. Herman suggestions and Mr. Daily moved Council direct staff to develop plan, using a sign and some sort of configuration less than a solid island (dots, paint, etc.) for six month trial basis and asked that staff inform residents on S. Kennedy Road of action. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. AMENDMENT HOUSING ELEMENT OF THE GENERAL PLAN CP-85-2 REGARDING BMP UNITS Mayor Daily declared a recess to allow Mr. Daily to review tape from last Council meeting on the Amendment - Housing Element of the General Plan GP-85-2 regarding BMP Units. Meeting reconvened whereby Mr. Daily stated he had reviewed the tape of last Council meeting on this subject so he would be eligible to vote on the issue. Mr. Ventura moved for adoption of Resolution No. 1986-56 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN WITH RESPECT TO THE BELOW MARKET PRICE PROGRAM. Mr. Ferrito seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained due to her being absent at meeting when discussion was held on previous formulas. Mr.Carlson was absent. LETTER FROM MID-PENINSULA REGIONAL OPEN SPACE DISTRICT The Town Manager referred to letter from Midpeninsula Regional Open Space District regarding an event for grand opening of Novitiate Park to be co- sponsored by the District and the Town. Tentative to be in either September or October. After some discussion it was stated Mr. Ferrito would be the liaison for the Town to plan for this event. The Town Attorney announced that the Council may be discussing property acquisition at the closed session on May 5, 1986 as follows: Acquisition of Boyle property at 20 Grays Lane - to be discussed and negotiated with Attorney Charles Kilian; Greco Property, second parcel off the alley on the east side of Boone Lane; Greco property at 54 N. Santa Cruz Avenue and Smith parcel at 58 N. Santa Cruz Avenue. ADJOURNMENT Mr. Ventura moved meeting be adjourned at 11:00 p.m., to study session to be held at 5:00 p.m. on May 5, 1986. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. ATTEST: Rose E. Aldag Town Clerk