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M 05-18-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 18, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton and Mayor Brent N. Ventura. ABSENT:Eric D. Carlson. Mr. Carlson arrived at 8:02 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATIONS Jill Cody, representative of the League of Women Voters of Los Gatos-Saratoga, presented the Mayor with a complimentary copy of the 1987 Centennial Edition of "Local Government in Los Gatos" as prepared by the League of Women Voters. She stated these will be available for purchase at the Chamber of Commerce. Dale Chambers, Chairman of the sister City Committee, introduced Mr. & Mrs.Charles Brockway who have just returned from a trip from the Town's sister city Chung-Ho, Taiwan. Mr. Brockway presented gifts from Mayor Chiang-Ching of Chung-Ho to Mayor Brent N. Ventura. The Brockway's went to Chung-Ho to deliver the Los Gatos Children's Art work as part of our exchange. Mrs. Brockway is a member of the Los Gatos Art Docents. Mayor Ventura presented Key to the City to Rosalie Lincoln for all her services to the Community and for serving on the Los Gatos Museum Commission. A Resolution of Commendation will be sent to Mrs. Lincoln at a later date. Mayor Ventura presented proclamation supporting National Police Week and Peace Officers Memorial Day. Police Officer Michael Yorks was presented this commendation. Speaking on the commendation as a representative from the Southland Corporation. CLOSED SESSION REPORT Town Attorney Levinger reported that Council had met in Closed Session prior to tonights Council meeting and discussed Labor relations and stated there is nothing to report from that discussion. BID AWARD FOR LOADER BACKHOE It was noted five bids were received ranging from low bid of $31,034.53 to high bid of $46,238.61. Staff reported that low bidder did not fully meet specifications and recommended the awarding of bid to next low bidder -- Case Power and Equipment for the net bid price of $34,243.00. Mr. Bob Bryant spoke on the reason for the recommendation and answered questions of Council. After further discussion Mrs. Benjamin moved to accept staff recommendation nd award said bid to Case Power and Equipment for the net price of $34,243.00. Mr. Hamilton seconded. Speaking in opposition of said award was Ron Geptal of Bay-Cal Equipment, stated his company would gladly provide the machine to meet Town's specification. Mr. Bryant stated specifications as Town received did not meet Cal OSHA standards and therefore the recommendation still stands. Vote on the motion carries by vote of four ayes. Mr. Carlson was absent. SECURITY ALARM & VIDEO SYSTEM FOR POLICE DEPT. It was noted that two bids were received. Crime Alert Alarm Company in the amount of $6,208.00 and "Kelex" Security in the amount of $7,429.96. Staff recommends award of bid for intrusion, smoke and emergency assistance alarms, with lower level door entrance control and indoor video monitoring for the police building to Crime Alert Alarm Company in the amount of $6,705.00, which includes on additional year of maintenance after the first year warranty expires. Mrs. Benjamin moved to accept staff recommendation and award bid to Crime Alert Alarm Company in the amount of $6,705.00 (Includes extra 1 year warranty). Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Carlson was absent. Mr. Carlson arrived at the meeting at 8:02 p.m. COMMUNICATIONS a.Letter from "KIDS ARE SPECIAL" requesting assistance with walk/run event to be held on July 12, 1987. Mrs. Benjamin moved to refer this to Manager for report. Mr. Hamilton seconded. Carried unanimously. b.Letter from Mrs. Fellman regarding trash enclosures on parking space in rear of property at 37 E. Main Street. Mrs. Benjamin moved to refer this to Manager for report. Mr. Hamilton seconded. Carried unanimously. c.Letter from Centennial Committee regarding placement of a Centennial Banner in the Downtown area. Mrs. Benjamin moved this be referred to Manager for response. Mr. Hamilton seconded. Carried unanimously. d.Letter from Town Treasurer regarding pay for Deputy Treasurer. This will be discussed later in the agenda. e.Letter from PG&E regarding Electric Rate Increase. Mrs. Benjamin moved to note and file said notice. Mr. Hamilton seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report for Council showing the hearings scheduled for future meetings. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendations on the following: 1731-27-43-82B-87B-87LA-87V Murray Brush Road Single family residential/lot line adjustment and variance. No comment. Mr. Hamilton seconded. Carried unanimously. COUNCIL CALENDAR OF MEETINGS Informational report for Council. MAY 8, 1987 PAYROLL Mrs. Benjamin moved for approval of the May 8, 1987 payroll in the amount of $148,146.99 and payroll related warrants in the amount of $127,037.32. Mr. Hamilton seconded. Carried unanimously. MAY 1987 WARRANTS Mrs. Benjamin moved for approval of May 1987 warrants in the amount of $298,678.28. Mr. Hamilton seconded. Carried unanimously. CLAIM FOR DAMAGES - CHERYL STRYKER Mrs. Benjamin moved to accept staff recommendation and reject the claim for damages of Cheryl Stryker which was filed on April 22, 1987. Mr. Hamilton seconded. Carried unanimously. HISTORIC FIRE BELL TOWER FEES Mrs. Benjamin moved to waive permit fees for the construction of the historic Fire Bell Tower. Mr. Hamilton seconded. Carried unanimously. AB 1608 COMMERCIAL VEHICLE ENFORCEMENT Mrs. Benjamin moved to accept staff recommendation and not support AB 1608 in its present form. Staff's analysis of the proposed legislation indicates that the bill is vague and raises questions regarding the manner in which local municipal law enforcement would be required to establish a "Mandated Local Program". Mr. Hamilton seconded. Carried unanimously. CULTURAL FACILITY NEEDS Mrs. Benjamin moved to approve Arts Commission's request to form an Ad Hoc Committee to begin studying the issues, formulating plans, and cultural facility or facilities and Council consider appointing a member to the Committee. Mr. Hamilton seconded. Carried unanimously. ART INSTALLATION AT NEIGHBORHOOD CENTER RM 214 Council information. SENATE BILL 442 ANTIQUATED SUBDIVISIONS Council information. SAFE DRIVING PRACTICES Mrs. Benjamin moved for adoption of Resolution No. 1987-53 entitled, RESOLUTION ENCOURAGING SAFE DRIVING PRACTICES. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Carlson abstained. TRACT 7891 (354 Bachman) Mrs. Benjamin moved for adoption of Resolution No. 1987-54 entitled, RESOLUTION APPROVING AND ACCEPTING FINAL MAP OF TRACT NO. 7891, and authorize the execution of the contract for public improvements. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Carlson abstained. SAFE DRINKING WATER & TOXIC ENFORCEMENT ACT OF 1986 Mrs. Benjamin moved for adoption of Resolution No. 1987-55 entitled, URGING PROMPT AND PROPER COMPLIANCE WITH THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986. Mr. Hamilton seconded. Carried by vote of four ayes. Mr.Carlson abstained. DESIGNATION OF OFFICIALS TOWN HOLIDAYS Mrs. Benjamin moved for adoption of Ordinance No.1722 entitled, AN ORDINANCE AMENDING CHAPTER 1 OF THE TOWN CODE RELATING TO DESIGNATION OF OFFICIAL TOWN HOLIDAYS Mr. Hamilton seconded. Carried by vote of four ayes. Mr.Carlson abstained. DESIGNATION OF HOLIDAYS FOR TIME LIMIT PARKING Mrs.Benjamin moved for adoption of Ordinance No.1723 entitled, AN ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE RELATING TO DESIGNATION OF HOLIDAYS FOR THE PURPOSE OF TIME-LIMIT PARKING. Mr. Hamilton seconded. Carried by vote of four ayes. Mr.Carlson abstained. VERBAL COMMUNICATIONS Mr. Tom Castro, spoke to Council about a letter he had presented from Deborah Jamison in regards to storm drainage easement between 9 and 15 Jackson Street and requests that this be included in the Capital Improvement Program. Mayor Ventura requested the letter be given to Town Clerk and Council to consider this at the Capital improvement hearing May 19, 1987. Frank De Moss stated he was here tonight representing the Chamber of Commerce legislative committee. APPEAL - MIMI'S RESTAURANT - 50 UNIVERSITY AVE. Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the appeal of the Los Gatos Building Official's decision concerning Handicapped Access Requirement for the proposed remodel of a restaurant located at 50 University Avenue (Mimi's Restaurant. Building Official A. Watson stated a meeting had been held today at Mimi's with Council being represented by Councilman Hamilton. Restaurant owner Mr. Van Devender, Contractor David Benevento and owner of Old Town, Mr. Shulman and the Town Manager werr also present. Mr. Lewis was unable to attend due to an injury. Mr. Watson referred to the eight alternatives discussed and explained them to Council. Owner of the restaurant, Mr. Van Devender, spoke on the hardship of cost and referred to State law opinion whereby you must provide access to the remodeled area which is the kitchen and the health inspector stated this cannot be done. Mr. Ferrito stated he felt Alternate #2 which would remove stairs (2) and lower portion of floor to provide 4-foot wide path of travel to remodel area and will require new stairs to remaining dining areas would be the way to go. There was further discussion by Council. No one else from the audience wished to speak to this issue, Mr. Carlson moved the hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Questions were asked of the Building Official on reasonable hardship and Mr. Watson read the definition of unreasonable hardship. Manager Swartfager stated she had been in touch with Mr. Lewis and he favors Alternate #2. Mrs. Benjamin moved to accept alternate #3 which would provide ramp and landing (Approximately 35 feet long) at deck to existing dining area and provides access to 482 square feet of dining area. Her reason is that is where the main dining area is and that is where I would like to be, when it is not nice outside for eating. "I'd have less desire to be, as the applicant even mentioned, in the wine and cheese bar which is basically going to be a waiting area". I'd want to be in the dining area that overlooks the garden area. Mr. Carlson seconded the motion making the finding that, strictly complying with the handicap access code this would fall under unreasonable hardship because of the need to do major structural renovation of the roof or would violate the Health Code, therefore Council can't find a way to strictly conform and does not provide access to area of remodel. Motion fails with vote of two Ayes. Mr. Ferrito, Mr. Hamilton and Mayor Ventura voting no. Reason for Mayor Ventura's no vote is he had a hard time deciding whether it was more important to provide access to wine and cheese bar or dining area, but based on the input from Mr. Lewis (who thought it more important to have access to wine and cheese area) that's what he will support. Mr. Hamilton stated he would like to see Council pursue the access through the kitchen and have Attorney contact State Board of Health to see if Alternate #8 can be utilized. Modify the kitchen and office to provide access from deck by way of kitchen to provide the type of covered access that Council really desire. Staff responded that going through the kitchen would create a problem with the health department. This would take 6 to 8 weeks ad applicant does not want to wait that long. After further discussion Mr. Ferrito moved for the adoption of Alternate #2 - to remove stairs (2) and lower portion of floor to provide 4 foot wide path of travel to remodel area and will require new stairs to remaining dining areas. Mayor Ventura seconded. Motion fails on vote of two ayes. Mr. Hamilton, Mr. Carlson and Mrs. Benjamin voting no. Mr. Van Devender stated Alternate #2 would split the dining area and he would lose four tables. Mrs. Benjamin then resubmitted her motion to approve Alternate #3. Mr. Carlson seconded. Carried by three ayes. Mr. Hamilton and Mr. Ferrito voting no. Attorney to prepare the appropriate Resolution and present for Council consideration at the next meeting. ZONE ORDINANCE AMENDMENT RE CLUB, LODGE, HALL OR FRATERNAL ORG. IN CM ZONE Mayor Ventura stated this was the time and place duly published for public hearing to consider Planning Commission's recommendation to consider amendment A-87-4 to permit a club, lodge, hall or Fraternal organization as an activity allowed in the CM (Controlled Manufacturing) Zone if a Conditional Use Permit is issued. No one from the audience wished to speak on this issue. Mr. Carlson moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Benjamin move to make the Negative Declaration. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to make the findings that Zoning Ordinance Amendment A-87-4 is consistent with the General Plan. Mr. Carlson seconded. Carried unanimously. Mrs. Benjamin moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT A CLUB, LODGE, WALL OR FRATERNAL ORGANIZATION AS AN ACTIVITY IN THE CM ZONE UPON THE ISSUANCE OF A CONDITIONAL USE PERMIT. Mr. Carlson seconded. Carried unanimously. Town Clerk read title of Ordinance. Mrs. Benjamin move Ordinance be introduced. Mr. Carlson seconded. Carried unanimously. ZONING ORDINANCE AMENDMENT RE BARNS AND SHELTERS Mayor Ventura stated this was the time and place duly published for public hearing to consider Planning Commission's recommendation to consider amendment A-87-5 to permit barns and other similarly used structures to be constructed at a height greater than that permitted for other accessory structures. No one from the audience wished to speak on this issues. Mrs. Benjamin moved to close the public hearing. Mr. Carlson seconded. Carried unanimously. Mr.Carlson moved to make the Negative Declaration. Mr. Hamilton seconded. Carried unanimously. Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO HORSE BARNS AND SHELTERS. Mr. Hamilton seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Carlson moved the Ordinance be introduced. Mr. Hamilton seconded. Carried unanimously. APPEAL - LONG'S DRUGS - EXTERIOR MODIFICATIONS - 15698 L.G. BLVD. Mayor Ventura stated this was the time and place duly published for public hearing to consider appeal of Planning Commission's denial of request to operate a super drugstore within the existing center on property in the C-1 zone. Property located at 15698 Los Gatos Boulevard. It was noted that a letter had been received from the applicant (Long's Drug Store) requesting the hearing be continue to June 1, 1987. No one present wished to speak on the issue. Mrs. Benjamin moved to grant the request and continue this item until June 1, 1987. Mr. Hamilton seconded. Carried unanimously. APPEAL - 16275 LOS GATOS BLVD. Mayor Ventura stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's denial of request to construct a new 2-story office building and combine the property with an adjacent property fronting on los Gatos Boulevard in the C-1 zone. Speaking on the issue was Linda Callon, representing Mr. Neider. They are requesting the demolition of the burned out building on the property and the building of a new two story office building. Stating this use would generate less traffic than when property was used as a restaurant, there would be ample parking for the building which would be in the rear of the property and landscaping in front. She spoke of advantages the Town would receive, such as sidewalk that would be installed and utilities which would be place underground. Mr. Neider spoke to Council explaining his need for more office space for himself and that he would be using the majority of the new building for this. Mr. Ferrito stated he feels the building is to massive and would like to see a rendering showing building in conjunction with the condominiums next door to the property. Ray Cobb, Architect for the project spoke on the design of the building. Melissa Powell and Mark Powell both spoke in favor of the project. Discussion was held on other office buildings in the area and vacancies of same. After further discussion and no one else from the audience wished to speak on the issue, Mrs. Benjamin moved to closed the public hearing. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to return this to the size. Mr. Carlson seconded with Planning being informed that Council believes that office use is correct for that area but with a reduction in scale. Carried by vote of three ayes. Mr. Hamilton and Mayor Ventura voting o. Mayor Ventura's vote of no is due to his concerns in traffic. Attorney directed to prepare the necessary Resolution and present for Council consideration at the next meeting. Mayor Ventura request that property owners do something about the nuisance on the property. RECESS Mayor Ventura declared a recess. Meeting reconvened at 9:45 p.m.. GENERAL PLAN AMENDMENT GP-86-4 Mayor Ventura stated this was the time and place duly published for public hearing to consider Planning Commission's recommendation on General Plan Amendment GP-86-4, an amendment to the General Plan Land Use Designation for properties on East side of Winchester Boulevard from Bruce Avenue to Pleasant View, from Low and Medium Density Residential to Office Professional. Mr. Carlson moved to continue this public hearing to June 1, 1987. Mr. Ferrito seconded. Carried unanimously. DOWNTOWN PARKING ASSESSMENT DIST. Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the approval of the Engineer's report, pursuant to Division 4 of the Street and Highways Code of the Municipal Improvement Act of 1913 pertaining to the formation of a Parking Assessment District in the Central Business District. The Town Attorney announced Mr.Ferrito and Mr. Hamilton would be stepping down and abstaining from voting on this issue due to possible conflict of interest because there businesses are located within the assessment district. At this time Town Engineer, Ron Zapf, read into the record the certified protests from land owners in the proposed district which represented 26.933% of land area. These protests were filed with the Town Clerk. Mr. Jim Farwell, 121 Laurel Avenue, requested protest written and presented by E.E. Brady be read for the record. Mr.Zapf proceeded to read the protest. Meeting was opened for public testimony. Mr. Morton spoke urging the Council to pass the assessment district due to the many protests that were withdrawn. Mr. E.E. Brady, 18821 Blythswood Drive, referred to many protest received and urged Council to consider the protests as he feels this is just not a good program. He also questioned the handling of the protests and the inequities of this projects. Dr. LaVeque, reiterated his opinion that people within the area of the E. Main Street Bridge and Alpine Avenue be omitted from the assessment district. Mr. Jim Farwell, spoke on inequities of assessments. M. Francischini, representing the Masonic Lodge, questioned the formula used for the Masonic Lodge. Mr. Zapf answered said question. Mr. Randall Reedy questioned the number of protest withdrawn. Mr. Zapf stated 22 parcels were withdrawn. Mr. Frank DeMoss and Mr. Frank Howell spoke in favor of the parking assessment district and feels this will benefit the Town and the residential area. After further discussion and no one else from the audience wished to speaking on this issue. Mr. Carlson moved the public hearing be closed. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved for adoption of Resolution No. 1987-56 entitled REGARDING PARKING ASSESSMENT DISTRICT, (these are modification Council proposed to make to the Assessment District). Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mayor Ventura wished the record to reflect his concerns in that he felt lb should state "this be shared on a fifty-fifty basis". Mr. Carlson moved for the adoption of Resolution No. 1987-57 entitled, A RESOLUTION OF DETERMINATION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS. Mrs.Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved for the adoption of Resolution No. 1987-58 entitled, A RESOLUTION OVERRULING PROTESTS. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained. Mr. Carlson moved for the adoption of Resolution No. 1987-59 entitled, A RESOLUTION ORDERING CHANGES AND MODIFICATIONS. Mrs. Benjamin seconded. Mayor Ventura proposed an amendment to motion that Council eliminate all properties east of Fiesta Way. Amendment died for lack of second. Vote on the original motion carried by vote of three ayes. Mr.Hamilton and Mr. Ferrito abstained. Mayor Ventura stated that because there was a need for three affirmative vote he would otherwise have voted no on the motion but to do so would stop the entire district. Mr. Carlson moved for the adoption of Resolution No. 1987-60 entitled, A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. CONTINUATION OF MEETING Mrs.Benjamin moved to continue the meeting past midnight. Mr. Carlson seconded.Carried unanimously. ZONE CHANGE Z-87-3 LOS GATOS BOULEVARD Mayor Ventura stated this was the time and place duly noted for public hearing to consider Zone Change Application Z-87-3, a change of zone from R-1:8000 and R-D to C-1 for that area of land within public right-of-way of Los Gatos Boulevard extending from the existing C-1 Zone boundary northerly to a line parallel to the centerline of Johnson Avenue extended. Mr. Hamilton and Mr. Ferrito stepped down from their chairs and abstained from voting on this issue due to possible conflict of interest. Speaking on the issue was Nicholas Starry from Alpine Avenue, starting this area is outside of the parking district and request that Mr. Ferrito and Mr. Hamilton be allowed to vote on said issue. Staff indicated the area to be rezoned is with the Parking district and Mr. Ferrito and Mr. Hamilton would be unable to vote of the issue. Mr. Starry feels the rezoning is illegal and this would allow businesses to extend up Los Gatos Boulevard into the residential area and would violate the law. Mr. Bowman explained the rezoning and the area it would cover which is the street portion only of El Monte Hill. After further discussion and no one else from the audience wishing to speak on this issue, Mr. Carlson moved the public hearing be closed. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to make the Negative Declaration. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to make the finding that the Zone Change Z-87-3 is consistent with the Downtown Specific Plan and General Plan. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to waive the reading for ANN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP NO. 139 FROM R- 1:8000 and R-1D TO C-1 FOR THE AREA OF LAND WITHIN THE PUBLIC RIGHT-OF-WAY OF LOS GATOS BOULEVARD. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained. Town Clerk read title of Ordinance. Mr. Carlson moved to introduce the Ordinance. Mrs. Benjamin seconded. Mayor Ventura stated he wished to register a no vote. Town Attorney stated there are three votes needed for the passage of an Ordinance and that means introduction also. Mayor Ventura stated he would change his vote to a yes vote. Motion carried by a vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. URGENCY INTERIM ZONING ORDINANCE EXTENSION Mayor Ventura stated this was the time and place duly published for public hearing to consider amending an Urgency Interim Zoning Ordinance to extend the duration of nonconforming status for properties in the Central Business District as listed in Section 3.50.050 of the Los Gatos Zoning Ordinance for uses that are nonconforming as to parking. Town Attorney stated it would be necessary for Mr. Hamilton and Mr. Ferrito to draw lots so one would be able to vote on this Urgency Interim Ordinance and there is a need for a four /fifths vote. Town Clerk flipped a coin and Mr. Hamilton won the right to vote on this issue. No one from the audience wished to speak on this issue. Mr. Carlson moved to closed the public hearing. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito seconded. Mr, Carlson moved to make the finding that there is a current and immediate threat to the public health, safety and welfare, ad that the cessation of uses nonconforming as to parking pursuant to Section 3.50.050 of the Los Gatos Zoning Ordinance would result in a threat to the public health, safety and welfare. Mrs.Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained Mr. Carlson moved to waive the reading of AN URGENCY ZONING ORDINANCE EXTENDING ORDINANCE 1715 WHICH REESTABLISHED THE DURATION OF NONCONFORMING STATUS FOR PROPERTIES IN THE CENTRAL BUSINESS DISTRICT AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES IN THE CENTRAL BUSINESS DISTRICT THAT ARE NONCONFORMING AS TO PARKING. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Clerk read title of Ordinance. Mr. Carlson moved for introduction of Ordinance. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito abstained. Mr. Carlson moved for adoption of Ordinance entitled, AN URGENCY ORDINANCE EXTENDING ORDINANCE 1715 WHICH REESTABLISHED THE DURATION OF NONCONFORMING STATUS FOR PROPERTIES IN THE CENTRAL BUSINESS DISTRICT AS LISTED IN SECTION 3.50.050 OF THE LOS GATOS ZONING ORDINANCE FOR USES IN THE CENTRAL BUSINESS DISTRICT THAT ARE NONCONFORMING AS TO PARKING. Mrs. Benjamin seconded. Motion failed by vote of three ayes. Mr. Hamilton voted no and Mr. Ferrito abstained. Mr. Hamilton stated there would not be a multiple coin toss on the advise of FPPC. He also, stated that once the district is formed the Ordinance was mute. Discussion was held on impact to other persons who are waiting for use permits. Planning Directors stated this would also effect the use and occupancy certificates that are issued by staff. Mayor Ventura stated that by voting no on this issue Council is actually putting a moratorium on everything and asked Mr. Hamilton to reconsider his vote. Mayor Ventura called for the vote and motion failed by vote of three ayes. Mr. Hamilton voting no and Mr. Ferrito abstained. GENERAL PLAN AMENDMENT GP-87-5 This item was continued to June 1, 1987 by consensus of the Council. AMENDMENT TO DOWNTOWN SPECIFIC PLAN GP-87-6 This item was continued to June 1, 1987 by consensus of the Council. ZONING ORD. AMENDMENT A-87-3 This item was continued to June 1, 1987 by consensus of the Council. ZONING ORDINANCE A-87-1 RULES FOR PROPERTIES IN PARKING ASSESSMENT DISTRICT Mr. Carlson moved for adoption of ORDINANCE NO. 1724 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO THE LOS GATOS DOWNTOWN PARKING PROGRAM. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. ADJOURNMENT Mayor declared the meeting adjourned at 12:40 a.m. to be continued to Executive Session at 7:00 p.m., and continued regular meeting to be held Tuesday, May 19, 1987, at 7:30 p.m. ATTEST: Rose E. Aldag Town Clerk