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M 07-06-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 6, 1987 TOWN COUNCIL The Town Council/Parking authority met in the Council Chambers of the Town Hall at 7:50 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton and Mayor Brent N. Ventura. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Town Attorney Levinger reported that Council had met in Closed Session on July 2nd, 1987 and pursuant to Government Code Section 54956.9 (a) discussed pending litigation of Farwell vs Town of Los Gatos and there is nothing to report from said discussion. Prior to tonight's meeting Council met in Closed Session at 7:00 p.m., to discuss labor relations and there is nothing to report on that discussion. There was no discussion held on the pending litigation of Farwell vs Town of Los Gatos. APPOINTMENTS Mayor Ventura stated this was the time and place duly noted for appointment to various Commissions and Boards of the Town. Interviews were held prior to tonight's Council meeting. LOS GATOS MUSEUM Applicants for the two vacancies on the Los Gatos Museum Commission were Diane McNutt Cronk and Sara Anderson. Mrs. Benjamin seconded. Carried unanimously. ARTS COMMISSION Applicants for the four vacancies on the Los Gatos Arts Commission were Emerald D. Hathaway; Lee Buchanan; Nancy Burbank and Catherine Wood. Mr. Carlson moved for the appointment of Emerald Hathaway, Lee Buchanan; Nancy Burbank and Catherine Wood. Mrs. Benjamin seconded. Carried unanimously. LIBRARY BOARD Applicants for the two vacancies on the Library Board are Una Michaelsen; Wm. J. Jacabson and Diane Cronk. Mr. Carlson stated that since Mrs. Cronk was appointed to the Museum Commission,he would moved to appoint Una Michaelsen and Wm J. Jacobson to the Library Board. Mrs. Benjamin seconded. Carried unanimously. COMMUNICATIONS REFERRAL/FILE a. Letter from PG&E regarding gas rate increase. Mrs. Benjamin moved to note received and file. Mr. Carlson seconded. Carried unanimously. b. Letter from Ming Q Ming Quong commending Parks, Forestry and Maintenance staff for heir help during the Strawberry festival. Mrs. Benjamin moved to note and file. Mr. Carlson seconded. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Information report for Council on public hearings that are currently scheduled for upcoming Council meetings. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendations as follow: 662-31-49-79B-79G-79LA-84B-87B Blackberry Hill Rd. Woods building site. This item was before the Town Council on August 4, 1986 and was unanimously approved with the recommended Town staff conditions of: 1. Grading shall be revised to provide positive drainage away from the proposed structure. 2. No grading or earth disturbing activities shall be initiated between October 1 to April 15. For grading operations commenced prior to October 1, all grading or earth disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitation apply to the following: driveways, building pads, foundations trenches and drilled piers, retaining walls, and utility trenches. If final landscaping is not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan will be required to be instituted by October 1 and maintained throughout the October 1 to April 15 period, to the satisfaction of the County Engineer. 3. A tree planting plan shall be submitted and approved by the Planning Director of the Town of Los Gatos prior to occupancy of the structure. A Minimum of nine (9) trees native to the area shall be required to provide some initial screening of structure from the valley floor. Mr. Carlson seconded. Carried unanimously. Council questioned whether this property should be annexed into Town. Mr. Bowman stated the property is not within the Town's Urban Service Area. PLANNING MONTHLY REPORT Information for Council. Planning Commission/Planning Department report for June 1987. CALENDAR OF JULY & AUGUST MEETINGS Information for Council on various meetings that are scheduled for the month of July and August, 1987. JUNE 19 PAYROLL Mrs. Benjamin moved for approval of the June 1987 payroll in the amount of $152,683.63 and payroll related warrants in the amount of $125,279.62. Mr. Carlson seconded. Carried unanimously. JULY 2, PAYROLL Mrs. Benjamin moved for approval of the July 2 payroll in the amount of $141,495.43 and payroll related and other warrants in the amount of $225,856.32. Mr. Carlson seconded. Carried unanimously. WARRANTS FOR JUNE 1987 Mrs. Benjamin moved for approval of June 26, 1987 warrants in the amount of $186,545.42. Mr. Carlson seconded. Carried unanimously. SETTLEMENT OF CLAIMS Mrs. Benjamin moved to accept status report of settlement of claims by ABAG Plan Corporation. Total of claims was $2,607.46. Mr. Carlson seconded. Carried unanimously. MAZZAGERRO CLAIM Mrs. Benjamin moved to accept staff recommendation and reject claim of Joseph and Elena Mazzagerro as filed by Steven A. Fabbro. Mr. Carlson seconded. Carried unanimously. LINDER CLAIM Mrs. Benjamin moved to accept staff recommendation and reject of Rosaling Linder, as filed by Brett A. Borah. Mr. Carlson seconded. Carried unanimously. ZONING APPROVALS IN C-2 ZONE Informational report for Council. YOUTH SCIENCE 10 K RUN Mrs. Benjamin moved that Council approve the request of the Youth Science Institute to hold a 10 K Race on Sunday, September 27, 1987, based on the direction of the Town Council on June 15, 1987 subject to the restrictions outlined as follows: 1. Race sponsor shall provide ten (10) volunteers to staff five (5) traffic control points. 2. List volunteer's names, addresses and telephone numbers to be provided to the Police Department no later than 30 days prior to the event. 3. Sponsor to provide ten (10) traffic control vests of a type approved as specified in the Caltrans Traffic Manual, Section 5-07.3 (Flaggers). 4. Barricades shall be placed at every traffic control point; estimated cost is $25.00. 5. Race sponsor shall reimburse Town for any additional cost to Town. In addition, race sponsors shall provide a one million dollar liability policy for this event and sign a hold harmless agreement with the Town. Mr. Carlson seconded. Carried unanimously. HUMANE SOCIETY 10 K RACE Mrs. Benjamin moved to approve the request of the Humane Society to hold a 10 K Race on Sunday, August 16, 1987, subject to same conditions as listed for the Youth Science Race stated above. Mr. Carlson seconded. Carried unanimously. AMICUS PARTICIPATION Mrs.Benjamin moved to authorize participation as amicus in Snedaker v. County of San Bernadino and Jermansen Construction Co. v. County of San Bernadino at no cost to the Town. Mr. Carlson seconded. Carried unanimously. BANNERS FOR OCTOBER SALES DAYS Mrs. Benjamin moved to notify Chamber of Commerce of the unavailability of Town Plaza for the Chamber banner due to the commitment to Centennial Committee to use the Plaza during the months of July and August. Mr. Carlson seconded. Carried unanimously. SEWER CONNECTION BELLA VISTA Information report for Council. Council requested staff to prepare report to Sanitation District Four and requested Mayor Ventura (Representative for the Town) to ask that this subject be agendized at the Districts next meeting. BANNER FOR SHAKESPEARE FESTIVAL Mrs. Benjamin moved to deny placement of the Valley Institute banner in the Town Plaza since the Centennial Banner will be displayed in that area during the time requested. Mr. Carlson seconded. Carried unanimously. ALCOHOLIC BEVERAGE LIC. TRANSFER Informational report for Council. ARCHITECTURAL & SITE APPROVAL ON VACANT LOTS Mrs. Benjamin move to direct Planning to review a change in procedure which would require Architecture & Site approval for all parcels zoned residential that are proposed to be developed with a single-family residence. Mr. Carlson seconded. Carried unanimously. LOS GATOS CREEK PARK USE & MANAGEMENT PLAN Mrs. Benjamin moved to refer this proposed Management plan for los Gatos Creek Park to the Park Commission for review and comments prior to taking final action. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. Mrs. Benjamin also spoke of her concerns re parking areas and feels this should be looked at closely before any final action is taken. SMITH CREEK CHANNEL CLEARANCE Informational report for Council on the channel clearance for Smith Creek in the Bicknell Road area. Mr. R. Bryant, Director of Parks, Forestry and Maintenance, spoke on clearing of the channel and gave what work has been done by staff. HOMELESS PERSONS Mrs. Benjamin moved Council pursue the subject in Inter-City and County meetings. Mr. Carlson seconded. Carried unanimously. ROUTE 85 LAND USE COMMITTEE Informational report from Community Services commission re the appointment of Mike Akin to the Planning Commission Route 85 Sub-Committee. NOTICE OF COMPLETION TRACT 7534 Mrs. Benjamin moved Council accept staff recommendation and approve the Notice of Completion and Certificate of Acceptance for Tract 7534 - Harwood And Alerche. Mayor be authorized to execute said Notice and Clerk to record same. Mr. Carlson seconded. Carried unanimously. BUS LAYOVER LOCATION Informational report for Council regarding Los Gatos Community Hospital bus layover relocation to Winchester Boulevard. LOS GATOS BLVD. TRAFFIC CONGESTION Informational report for Council re traffic congestion on Los Gatos Boulevard between Blossom Hill Road and Downtown Los Gatos. KENNEDY ROAD BICYCLE SAFETY Informational report for Council. 3 WAY STOP AT LOMA ALTA & L. G. BLVD. Mrs. Benjamin moved for adoption of Resolution No. 1987-79 entitled, A RESOLUTION DESIGNATING A THREE WAY VEHICULAR STOP AT THE INTERSECTION OF LOS GATOS BOULEVARD WITH LOMA ALTA AVENUE. Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Ventura abstained. Mr. Ferrito spoke on the need for good law enforcement at said intersection. Mrs. Benjamin stated before rumble strips are installed that residents be notified as to when and where they will be installed. PLANS AND SPECIFICATIONS PROJECT 8704 Mrs. Benjamin moved for the adoption of Resolution No. 1987-80 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8704 STREET RESURFACING AND SLURRY SEAL - BACHMAN PARK PATHWAY AND RECONSTRUCTION. Mr. Carlson seconded. Carried unanimously. Mayor Ventura questioned resurfacing newer streets in town. Mr. Bryant answered questions of Council and informed them this was a preventive measure. SALARIES FOR HOURLY EMPLOYEES Mrs. Benjamin moved for the adoption of Resolution No. 1987-81 entitled, A RESOLUTION SETTING HOURLY EMPLOYEE SALARIES FOR THE FISCAL YEAR 1987-88. Mr. Carlson seconded. Carried unanimously. PARKING PROHIBITION DRYSDALE DR. Mrs. Benjamin moved for the adoption of Resolution No. 1987-82 entitled, PARKING PROHIBITION - DRYSDALE DRIVE. Mr. Carlson seconded. Carried unanimously. NOVITIATE #2 ANNEXATION Mrs. Benjamin moved for the adoption of Resolution No. 1987-83 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED A NOVITIATE # 2 TO THE TOWN OF LOS GATOS. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. 87-88 POSITION ALLOCATION AND CLASSIFICATION PLAN Mrs. Benjamin moved for adoption of Resolution No. 1987-84 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING CERTAIN PRIOR RESOLUTIONS AND ADOPTING SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1987-88. Mr. Carlson seconded. Carried unanimously. MOU FOR POLICE OFFICERS ASSOC. Mrs. Benjamin moved for the adoption of Resolution No. 1987-85 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE POLICE OFFICERS ASSOCIATION. Mr. Carlson seconded. Carried unanimously. MOU FOR TOWN EMPLOYEES ASSOC. Mrs. Benjamin moved for the adoption of Resolution No. 1987-86 entitled, A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION. Mr. Carlson seconded. Carried unanimously. MOU WITH AFSCME This was withdrawn from the agenda. COMMENDATION PAUL BUTTS Mrs. Benjamin moved for the adoption of resolution No. 1987-87 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING PAUL BUTTS. Mr. Butts serve as member of the Parks Commission from March 1975 through April 1987. Mr. Carlson seconded. Carried unanimously. ZONING AMENDMENT RE HOSPITAL SIGNS Mrs. Benjamin moved for the adoption of Ordinance No. 1731 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS CONSIDERING AMENDMENTS TO THE ZONING ORDINANCE CONCERNING THE SIZE, NUMBER, LOCATION AND ADMINISTRATIVE PROCESSING OF SIGNS FOR HOSPITALS. Mr. Carlson seconded. Carried unanimously. BELL TOWER APPEAL Mrs. Benjamin moved for the adoption of Resolution No. 1987-88 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL OF "ALTERNATE "B" FOR THE CONSTRUCTION OF A BELL TOWER WITHIN THE TOWN PLAZA IN THE C-2 ZONE. (Town Plaza - John Spaur) Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Ventura abstained. APPEAL - LONG'S DRUG'S - 15698 L.G. BLVD. Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider appeal of Planning Commission's denial of request to operate a super drugstore within the existing Nob Hill Shopping Center and to make exterior modifications to the existing center on property in the C-1 Zone (U-86-26 and S-86-57) Business owner - Long's Drug Stores California Inc. Property located at 15698 Los Gatos Boulevard. Property owner is Steve Musich. Mayor Ventura stated he would not be voting on this item due to economic conflict of interest, as in 1975 his mother died and he inherited (along with his two sisters) his mother's portion of the Blossom Hill Pharmacy business. He has never participated in the management or the operation of the drug store and not been involved in any decisions pertaining to the closure of sale or transfer of the business, nor has he shared or received any profits from the sale of the business. However, according to Laws of the State of California he state he has a conflict of interest as described under the Political Reform Act. Therefore, he will not participate in the hearing of this issue. Mayor Ventura handed the gavel to Vice Mayor Carlson and stepped down from the podium and Vice Mayor Carlson chaired the public hearing on this issue. Gary Veasy, Representative for Long's Drugs, spoke in favor of the appeal and gave some background information stating Longs Drug's have operated the Pharmacy and adjacent Liquor store since December of 1986. The current and proposed use is consistent with the prior business. They intend to combine the two spaces. There will be no outward expansion or site changes. The modification would be to remove the entire wall between the drug store and the liquor store. The liquor store inventory would be reduced to allow for more drug store space. The proposal meets with Town parking requirements and is consistent with all prior approvals. The proposal was denied by Planning Commission on three/two vote as it was not "essential or desirable to the public convenience or welfare". He spoke of contact with surrounding neighbors and presented a petition with 850 signatures supporting the modification and combination of the Drug and Liquor Store. Mr. Veasy spoke on traffic studies for the shopping center and answered questions of Council as to the purpose of the modification. Mr. Musich, owner of the property spoke in favor of the modification and urged Council to reverse the Planning Commission's decision. Woody Nedhom, spoke in opposition of the appeal and request Council to uphold Planning Commission's decision. Jim Dixon, 119 Cherry Blossom Lane spoke of his concerns of traffic and feels there is no need for the larger drug store. Marty Lavin, stated this modification will decrease the liquor sales, then he favors it. Allen Blaine, spoke in favor. Wayne Rogers, Manager of Longs Drug's presented geographic map showing area (1 mile radius) for mailing. Ivan Clarke, of Espana Oaks, spoke in opposition due to impact of traffic. Ron Gordon, Black Road, spoke on benefit to Town if Council would allow Longs to reduce liquor store and enlarge drug store. Lee Anne Daily, 15666 Cherry Blossom Lane, spoke on traffic impact this would have in Blossom Hill Manor and concurs with Planning Commissions action. Ed DeSoto, 188 Westhill Dr., spoke on the vacancies of businesses in Town and the feels the quality of service is decreasing and feels this would be an asset. Wayne Rogers, Manager of Longs Drug's answered questions of Council as to the purpose of the change, which is to better the line of products and have a better layout for more efficiency. Council discussed the necessity of liquor sales and questioned if Long's would be willing to discontinue such sales. Mike Raphel, real estate manager for Long's, stated they could not answer that question off-hand, but could have an answer in 2 weeks. Discussion was held on lack of completion of a paragraph on page 16 of the study made by Mindigo & Associates regarding the traffic/circulation on said property. Discussion was also held as to traffic generated by the Post Office service. Whereby the manager stated that after the post office closes at five then traffic in the drug store is very slow. He stated the hours of operation of the drug store are 9 a.m. to 8 p.m. but is asking for a 9 a.m. to 9 p.m. operation but will be willing to keep the hours of 9 a.m. to 8 p.m. for awhile and would be willing to keep the signing o the store at the equivalent height as is. Manager stated that would be no problem just as long as they can change the name from Blossom Hill Pharmacy to Long's Drugs and they would be willing to reduce the number of cash registers to 4. Mr. Musich, owner of the property in question, stated the sign is no issue as he exercises control over that and has a permit for that; but if the liquor license is sold, it would operate as it is now and he would prefer that Long's be allowed to cut down on their inventory of liquors by 70% as they agreed to and increase the drug store. They cannot increase the space any further after that because of himself and the Town. Traffic is controlled by the parking. No one else from the audience wished to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Hamilton seconded. Carried by four ayes. Mayor Ventura abstained. Mr. Hamilton moved to grant the appeal, feels the Planning Commission erred in that the proposed use of the property is desirable to the public convenience and welfare and not the reverse. Motion died for lack of second. Mrs. Benjamin stated she would like to see the reduction of liquor inventory as we do have a problem in this Town and looking at Walgreen's where they reduced their liquor and number of checkout stands and that has not served to be a problem. Would like to see a Post Office service in the Kings Court shopping center then that would reduce the traffic to Longs Drug facility. Mrs. Benjamin moved to grant the appeal with the finding that it is desirable to the public convenience and welfare with the conditions that Longs should be allowed to tear down the wall; have restriction of no alcohol sales; keep the same number of checkouts counters/registers as currently exist; not require the installation of sliding glass doors at the entry and operating hours be from 9 a.m. to 9 p.m. Mr. Carlson seconded the motion s he feels (1) that Walgreen's compromise was a good one and (2) extremely sensitive to neighborhood traffic issue as this area is getting to be a problem. Mr. Ferrito stated he can not vote in favor of the motion as motion does not say where the Planning commission erred in the decision. Feels Long's should decide whether they wish to run a liquor store. Vote on the motion was held and motion failed by vote of two ayes. Mr. Ferrito and Mr. Hamilton voting no, and Mayor Ventura abstaining. RECESS Vice-Mayor Carlson declared a recess. Meeting reconvened at 10:38 P.M. LONG'S APPEAL Gary Veasy, representative of Long's Drug., spoke on the difference of their operation and Walgreen's with regard to Liquor Store operation. Long's has the Liquor license and willing to make a concession by lowering the size of liquor section. Mike Raphel stated they would come back in two weeks with a corporate decision on the sale of liquor. It was noted there will not be a full Council in attendance until sometime in September. Mr. Hamilton requested that Council should redo the motion and reduce the liquor by 75%. Vice-Mayor Carlson stated for the record that Mr. Bowman had informed him that in order to proceed along the line that Council was talking about, which is to grant the appeal, the Council will have to make a Negative Declaration and at the current time without the remaining missing sentence of Page 16 of the Mindigo & Associates consultants study Council cannot make that finding. So the options Council has is to deny the appeal or to continue until Council gets the information to make a Negative Declaration; or Council can remand it and order an EIR; or remand it and ask the Planning Commission to reconsider a Negative Declaration. Mr. Ferrito stated that Planning Commission, at the time of their hearing, did not have the missing sentence on page 16 from the consultants to consider. Vice-Mayor Carlson stated he was not pleased with the fact that there were only five out of nine Planning Commissioners present when this matter was heard by Planning. Mrs. Benjamin stated she would like to correct the statement she had made earlier re not installing sliding handicap accessible doors as the installation of handicap accessible doors are necessary and do need to be discussed by Planning. Mr. Hamilton moved to remand this to the Planning Commission and have them consider the missing sentence on Page 16 of the Mindigo & Associates study and consider all concerns that Council has discussed tonight such as Alcoholic Beverage sales, traffic etc. Mrs. Benjamin seconded. Carried by vote of four ayes. Mayor Ventura abstained. Vice-Mayor returned the gavel to Mayor Ventura who chaired the ret of the meeting. 155 COLLEGE AVE. J.P. ANDERSON Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning Commission recommendation to revert an existing 4-lot subdivision of 1.121 acres back to acreage and eliminate all interior property lines on property in the R-1:8000 zone. It was noted the applicant Mr. Jon Anderson has requested continuance of the hearing to August 3, 1987. No one from the audience wished to speak on this issue. Mrs. Benjamin moved to continue the public hearing to August 17, 1987, due to heavy schedule on the 3rd or August. Mr. Hamilton seconded. Carried unanimously. APPEAL-CONDITIONAL USE PERMIT 66 E. MAIN ST. Mayor Ventura stated this was the time and place duly noted to consider an appeal of Planning Commission's approval, with conditions, on the Conditional Use Permit application U-86-24, requesting permission to operate an automobile dealership in the C-2 zone. Property located at 66 E. Main Street. Randall Reedy, representing Ferrari of Los Gatos, requested continuance of hearing on 2 separate grounds. 1. that he had just received, over the weekend, Council report which contains something in it that was not a part of the hearing at the Planning Commissions level and that is recommendation #2 which is to modify the approval to require on-site approval. The parking assessment had not been settle at this time due to litigation proceedings that have filed. We object to condition of being required to install "VILLA HERMOSA" sidewalks. The closing of access driveways on Pageant and the condition which may limit applicants ability to keep cars for sale on the lot clean. Do not feel any action should be taken on these until we know what the Towns position is going to be on the litigation. Mr. Bowman stated this is considered a new use permit and the Ordinance states that any new applications has to meet all Ordinance requirements. Mr. Carlson moved to continue this item to second meeting in September. (September 21, 1987) Mr. Hamilton seconded. Carried unanimously. APPEAL S-84-88 EQUESTRIAN TRAIL 227 FORRESTER RD. Mayor Ventura stated this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's action on the Architecture and Site Application S-84-88, requesting removal of a condition of approval to upgrade and maintain an equestrian trail required as a previous application on this property in the HR-2 1/2 Zone. The action of the Commission was to modify the condition of approval. Property is located at 227 Forrester Road. Property owners are Donald and Grace Sparks. Speaking on the issue was owners Donald and Grace Sparks, and the also presenting pictures of the trail which goes within 6 foot of their dining room window; the dedication required; and installation of trail at this time, will serve no one due to lack of access on either side of their property. Mr. Bowman explained the easement and how it go where it is today and stated Town policy has been, in similar situations, when the Town has a dedicated improved replacement trail then the Town will abandoned the existing trail. In order to get a replacement trail they have to get 100% agreement of all properties across it. Council stated they need to have a map showing where the trail is and showing the easements. Mr. Sparks stated what he wanted was to be able to post bond or allow him to do something so that he can move into his new home. This was offered to the Trails Committee and was declined. After further discussion, Mr. Carlson moved to allow Mr. & Mrs. Sparks to post a bond in the amount to cover cost of the construction of the trail agreeable to the Town Engineer and planning Director, as a condition for them to be able to move into their house. The easement remain where it is until such times that all properties along the road agree to move the easement. Staff to draft letter for Council consideration, to be sent to all properties along said trail, with Council's intent to enforce the easement requirement and the construction of the trail. Require the appellants to sign any agreement that the Town Attorney feels appropriate to allow the Town to construct the trail if the appellants fail to do so. Mr. Hamilton seconded. Carried unanimously. There being no one else from the audience wishing to speak on this issue, Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson moved to modify the Planning Commission's decision and allow the occupancy of the house at 227 Forrester Road, subject to the posting of a suitable bond to satisfy the Town's concerns that the trail will be constructed. Mr. Hamilton seconded. Carried unanimously. Mr. Carlson moved to refer this to the Town Attorney for preparation of the appropriate resolution. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson moved the Town staff notify all residents along this area of Council's intent to enforce the current trail or look for alternative location and schedule a meeting with the Trails Committee whereby Council could investigate an alternative trails locations and notify everyone of the importance of the meeting, as 100% participation of property owners is required and this matter to be brought back at the next meeting. Mr. Hamilton seconded. Carried unanimously. ZONING AMENDMENT A-87-8 Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider Zoning Ordinance amendment A-87-8, the consideration of amendments to the Town Zoning Ordinance that would expand the list of uses permitted by Conditional Use Permits to include Wineries in the RC (Resource Conservation) and HR (Hillside Residential) zones, and Churches, Monasteries, Convents and other institutions for religious observance in the RC Zone. No one from the audience wished to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito stated minutes should reflect that a letter has been received from Attorney Turner requesting continuance of this item but also note that the Planning Commission had this matter before then for some months. Council received letters dated April 14 and June 10 from Attorney Turner voicing his objections to proposed prezoning and according to letter of July 6th the California Province of Society of Jesus claims, for numerous reasons some of which are set forth in those letters, they are opposed to the proposed action. They do not tell Council what their continued or additional concerns are and there has been no representative form the Society of Jesus attending any of the Council meetings. Yet, they are asking for continuance to September to enable then to meet with Town Staff. Planning Director Bowman stated that no one representing the California Province Society of Jesus has met with them either, so it was consensus of Council that applicant has had plenty of time to make their point. There being no one from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved to make the Negative Declaration. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to make the finding that Zoning Ordinance Amendment A-87-8 is consistent with the General Plan and Hillside Specific Plan. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO PERMIT WINERIES AND INSTITUTIONS FOR RELIGIOUS OBSERVANCE IN THE RC ZONE UPON THE ISSUANCE OF A CONDITIONAL USE PERMIT. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of ordinance. Mr. Ferrito moved for introduction of the Ordinance. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. PREZONING 160 ACRES TO RC (Z-86-10) Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider Planning Commission's recommendation of the Prezoning of approximately 160 acres of property located immediately easterly of State Highway 17 and southerly of the existing Town of Los Gatos limits to RC (Resource Conservation) application Z-86-10. Property owned by California Province Society of Jesus. Mr. Ferrito wished the minutes to reflect his same comments as made on the previous item before this one regarding no representative ever attending any of the Council meeting and now requesting continuance so they can meet with staff. No one in the audience wished to speak on this issue. Mr. Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to make the Negative Declaration. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved to find the requested zone change consistent with the General Plan. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.. _____ PREZONING TO RESOURCE CONSERVATION. Mr. Carlson seconded. Carried unanimously. Town Clerk read title of ordinance. Mr. Ferrito moved the Ordinance be introduced. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. APPEAL-DENIAL OF VARIANCE - 15095 GARDEN HILL DR. Mayor Ventura stated this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of Variance Application V- 87-1, requesting permission to reduce various development standards, including required side yards and distance between buildings, in order to maintain a shop building in the R-1:8000 zone. Property located at 15095 Garden Hill Drive. Property owner - Mark E. Jansen. It was noted a letter requesting continuance had been received from the appellant. Mr. Hamilton moved to grant the request and continue hearing to August 3, 1987. Mr. Carlson seconded. Carried unanimously. APPEAL - BUSINESS LICENSE PENALTIES Mayor Ventura stated this was the time and place duly noted for public hearing to appeal the decision of the Tax & License Collector regarding the payment of business license penalties. It was noted the appellant - Anthony Thomas has requested continuance of this matter. Mr. Ferrito moved to grant request and continue this hearing to August 3, 1987. Mr. Hamilton seconded. Carried unanimously. SHANNON ROAD IMPROVEMENTS Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the installation of traffic control measures and pedestrian/bicycle improvements on Shannon Road between Los Gatos Boulevard and Short Road. Mrs. Benjamin moved to grant request of staff and continue this item to August 3, 1987. Mayor Ventura seconded. Carried unanimously. TREASURER REPORT FOR MAY 1987 Mayor Ventura stated Council had received Treasurer's report for May 1987. EXECUTIVE RECRUITER FOR POLICE CHIEF Mr. Ferrito moved to authorize staff to proceed with selection of an executive recruiting firm to aid in the selection of a new Police Chief. Mr. Carlson seconded. Carried by vote of four ayes. Mr. Hamilton voting no. NONCONFORMING PARKING IN THE C-2 ZONE Mr. Carlson moved to refer to Planning Commission an amendment to the Zoning Ordinance Regulations as to nonconforming parking in the C-2 zone. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr. Ferrito abstained due to possible conflict of interest. Mrs. Benjamin left the Council Chambers at 11:55 p.m. MINUTES JUNE 8, 1987 Mr. Carlson moved for the approval of the June 8, 1987 minutes as submitted. Mayor Ventura seconded. Carried by vote of three ayes. Mr. Ferrito abstained due to his absence at said meeting and Mrs. Benjamin was absent. MINUTES JUNE 9, 1987 Mayor Ventura request correction in June 9, 1987 minutes as follows: Page 1 - last part of the paragraph to read "Mayor Ventura commented that he understood shy the youths felt a certain amount of hostility and abandonment but he feels the Town does recognize the youths achievements and contributions to the Community. Youth input and participation is the best way to resolve the problem. The Town wants to work with the Youth to address their needs, as the Town has invested substantially in programs to meet those needs already." Mr. Carlson moved for the approval of the June 9, 1987 as corrected. Mayor Ventura seconded. Carried by vote of three ayes. Mr. Ferrito abstained due to his absence at that meeting and Mrs. Benjamin was absent. MINUTES JUNE 15, 22 & 29 It was consensus of Council to continue the approval of minutes of June 15, 22 and 29, 1987 until July 20, 1987 due to the lateness of the hour tonight. TRANSIENT OCCUPANCY TAX Town Manager reported on findings from auditing the individual Hotel/Motels in the Town, stating all are reporting according to regulations and are in general compliance with the ordinance. Discussion was held on possibility of changing the Ordinance. Mr. Ferrito moved to consider amending the definition of "Transient" by directing staff to return with an appropriate amendment. Mayor Ventura seconded. Motion fails of two to two vote. Mr. Carlson stated if there is no evidence of a problem feels there is no reason for a change. Mr. Ferrito requested this be brought back to Council in a couple of weeks. CENTENNIAL PARADE Mr. Carlson moved Council approve the request of the Los Gatos Centennial Committee to hold the Centennial Parade on Saturday, August 1, 1987 contingent upon the listed conditions: 1. Applicant will provide ten (10) volunteers to assist with traffic control duties. 2. List of volunteers' names, addresses and telephone numbers to be provided to the Police Department no later than 30 days prior to the event. 3. Sponsor to provide then (10) traffic control vests of a type approved, and as specified in the Caltrans Traffic Manual, section 5-07.3 (Flaggers). 4. Applicants be required to coordinate with the Police Department for street closure time sand with the Parks Department for use of the Plaza and Civic Center to ensure facility cleanliness and preservation and protection of Landscaped areas. 5. Selling of merchandise at the Town Plaza and Civic Center be limited to local non-profit vendors that have been granted Council approval to use Town property. 6. Since this is Centennial sponsored event, insurance coverage would be provided by the Town. Mr. Hamilton seconded. Carried by vote of 3 ayes. Mayor Ventura abstained. Mrs. Benjamin was absent. Discussion was held on cost to the Town for the parade, Mayor Ventura spoke on the events that will be held during the week of August 8th, 1987 and the approximate cost. Mr. Carlson moved to pay cost of parade from $20,000 allocated to Centennial Committee. Mr. Hamilton seconded. Carried by vote of three ayes. Mayor Ventura abstained and Mrs. Benjamin was absent. Mr. Ferrito requested staff report back re cost and allocations to Centennial Committee. Town Manager stated there is a need to discuss fireworks issue. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 12:20 p.m. to be continued to July 13, 1987 at 7:30 p.m. to discuss the fireworks issue. ATTEST: Rose E. Aldag Town Clerk