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M 05-16-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 16, 1988 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, Brent N. Ventura and Mayor Eric D. Carlson. ABSENT:None. PLEDGE OF ALLEGIANCE: Given by all in attendance. COMMENDATION MERCHANTS FOR MINORS Mrs. Benjamin moved for the adoption of Resolution No. 1988-79 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MERCHANTS WHO HAVE PLEDGED TO SUPPORT THE EFFORT TO ELIMINATE THE OPPORTUNITY FOR MINORS TO PURCHASE ALCOHOL IN LOS GATOS. Mr. Ventura seconded. Carried unanimously. PRESENTATIONS Mayor Carlson presented Resolution of Commendation to Randy Danto for her service to the Community as a member of the Community Services Community. Mayor Carlson presented Resolution of Commendation to Boy Scout troop 501 for their contribution; dedication and loyal service to the citizens of the Town of Los Gatos. Mayor Carlson presented Resolutions of Commendation to Del Grande Market, Thrifty Drug Store, Micali's Food Villa,C.B. Hannegan's, Ernesto's, Mountain Mikes Pizza, Goguen's Last Call, Safeway Stores, Inc., Village Liquors, Long's Drugs, Black Watch, Logo's, Jiffy Market, Pedro's, and Villa Felice. All merchants of Los Gatos who have participated and pledged their support to eliminate the opportunity for minors to purchase alcohol in Los Gatos. Council Persons Mr. Ventura and Mrs. Benjamin as members of the Los Gatos Centennial Inc., at this time presented Town Manager with a check in the amount of $6,895.06 Mr. Ventura stated that the Town has provided loans to the Centennial Committee so the Centennial Celebration could be held last year. These funds were given as a grant and Centennial Inc. is now in a position to repay this grant in full. CLOSED SESSION REPORT Town Attorney reported that the Town Council had met in Closed Session prior to tonights' meeting and pursuant to Government Code Section 54956.9 (b) to discuss the claim of Moore. Council made the finding that there is significant exposure to litigation and authorized a settlement of $4,100.00 to Dr. & Mrs. William Moore. LOS GATOS PASTA COOK OFF Town Manager stated Muscular Dystrophy Association and Los Gatos High School students are sponsoring a fund raising "Pasta Cook Off" on Sunday, May 22, 1988, and are requesting Council to sponsor a cook and pay the $250.00 entry fee. After some discussion it was determined that Council would not participate in this as there may be a question regarding the "gift of public funds". Council is aware that it is for a good cause. PUBLIC HEARING SCHEDULE Informational report for Council on upcoming public hearings scheduled for future meetings. SECONDARY UNITS MONTHLY REPORT Information for council. PAYROLL OF MAY 6, 1988 Mrs. Benjamin moved for the approval of May 6, 1988 payroll in the amount of $1/1,741.00 and payroll related warrants in the amount of $106,333.09. Mr. Hamilton seconded. Carried unanimously. WARRANTS FOR APRIL, 1988 Mrs. Benjamin moved for approval of warrants for the month of April, 1988 in the amount of $248,655.88. Mr. Hamilton seconded. Carried unanimously. LOS GATOS HIGH SCHOOL GRADUATION Mrs. Benjamin moved to approve the Los Gatos High School request to divert traffic from East Main Street on June 17, 1988 during the graduation ceremony. Mr. Hamilton seconded. Carried unanimously. LION'S CLUB DAY IN THE PARK AUGUST 27 & 28 Mrs. Benjamin moved to approve the Los Gatos Lions Club request to hold the 33rd annual "Day in the Park" on Sunday, August 28, 1988 and park to be used by the Lions Club on Saturday August 27, 1988, subject to the following conditions: a. Lions Club meet with Police and Parks Departments by June 30, 1988 to coordinate event details. b. Lions Club will provide the Town of Los Gatos with special event insurance coverage in the amount of one million dollars. The Town will be named as additionally insured. The Town will also be provided with a hold harmless agreement. c. Obtain a valid Alcoholic Beverage Control License for any beer and wine to be sold. Only one beer and wine booth to be allowed. All beer and wine will be consumed in an area contained by a fenced perimeter as outlined by the Police Department. d. Two Police Officers to be assigned for event security between the hours of noon and 7:00 p.m. e. Alcoholic beverage sale to cease no later than 7:00 p.m. f. All food services will meet requirements of the Health Department. g. All provisions of section 11.20.060 of the Los Gatos Noise Ordinance to be met: Subject to the exceptions in section 11.30.060, in the daytime (between the hours of 7:00 a.m. and (10:00 p.m.) no person shall make a noise louder than 75 DBA measured 25 feet from the source. h. Expenses incurred by the Town for additional maintenance needs will be paid by the applicant. Mr. Hamilton seconded. Carried unanimously. YOUTH SCIENCE INSTITUTE 10 K RACE Mrs. Benjamin moved to approve the YOUTH SCIENCE INSTITUTE request for a 10 Kilometer race on Sunday, September 11, 1988, subject to the following requirements that must be met by the race sponsors to ensure the safety of race participants: 1) Race sponsor shall reimburse Town for the cost of five police officers at $26.40 hourly x a 3-hour minimum =$396.00. 2) Sponsor shall provide ten (10) volunteers to staff five (5) traffic control points. 3) List of volunteers' names, addresses and telephone numbers to be provided to the police department no later than 30 days prior to the event. 4) 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). 5) Barricades shall be placed at every traffic control point; estimated cost is $40.00. 6) Race sponsor shall reimburse Town for any additional cost to Town. 7) Sponsor shall provide a one million dollar liability policy for this event, naming the Town of Los Gatos as an insured, as well as signing a Hold Harmless and Indemnification Agreement. 8) Sponsor shall obtain special use permit from the Santa Clara County Parks and Recreation Department. Mr. Hamilton seconded. Carried unanimously. CLAIM OF MARVIN WOODLIEF Mrs. Benjamin moved to accept staff recommendation and deny the application for leave to present a late claim of Marvin Woodlief. Mr. Hamilton seconded. Carried unanimously. BELOW MARKET PRICE PROGRAM DEED RESTRICTIONS Mrs. Benjamin moved for the adoption of Resolution No. 1988-80 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE BELOW MARKET PRICE PROGRAM DEED RESTRICTIONS. (This resolution rescinds Resolution NO. 1981-229. Mr. Hamilton seconded. Carried unanimously. BMP PROCEDURE AMENDMENT Mrs. Benjamin moved for the adoption of Resolution No. 1988-81 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING PROGRAM. Mr. Hamilton seconded. Carried unanimously. PLANS & SPEC. U.U.D. PROJECTS 8701-8702-8703 Mrs. Benjamin moved for the adoption of Resolution NO. 1988-82 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF ELECTROLIERS FOR UNDERGROUND UTILITIES DISTRICTS 8701-8702- 8703 PROJECT 8701-8702-8703. Mr. Hamilton seconded. Carried unanimously. DENIAL HEALTH SERVICES Mrs. Benjamin moved for the adoption of Resolution No. 1988-83 entitled, RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH CALIFORNIA DENIAL HEALTH PLAN. Mr. Hamilton seconded. Carried unanimously. CITIZEN OF THE YEAR - AWARD Mrs. Benjamin moved for the adoption of Resolution No.1988-84 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING JOHN S. BAGGERLY FOR HIS SELECTION AS "CITIZEN OF THE YEAR". Mr. Hamilton seconded. Carried unanimously. FOSTER PARENT APPRECIATION WEEK Mrs. Benjamin moved for the adoption of Resolution No. 1988-85 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE WEEK OF MAY 23-29 AS "FOSTER PARENT APPRECIATION WEEK". Mr. Hamilton seconded. Carried unanimously. AMENDMENT TO TOWN CODE RE CERTIFICATES OF COMPLIANCES Mrs. Benjamin moved for the adoption of Ordinance No. 1753 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN CODE TO MAKE NONSUBSTANTIVE CHANGES TO THE LETTERING OF THAT SECTION WHICH ALLOWS CERTAIN CLASSES OF CERTIFICATES OF COMPLIANCE TO BE ISSUED BY THE TOWN ENGINEER AND PLANNING DIRECTOR. Mr. Hamilton seconded. Carried unanimously. APPEAL - 761 UNIVERSITY AVE. Mrs. Benjamin moved for the adoption of Resolution No. 1988-86 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF PLANS FOR CONSTRUCTION OF A MINI WAREHOUSE STORAGE FACILITY AND FOR PERMISSION TO HAVE A SINGLE FAMILY RESIDENCE FOR USE BY A RESIDENT MANAGER ON PROPERTY IN THE LM ZONE. (761 UNIVERSITY AVENUE - PUBLIC STORAGE, INC) Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Hamilton voting no. Mr. Ventura abstained. VERBAL COMMUNICATIONS Calvin Gordon, 39 Reservoir Road, requested that the last agenda item #41 be taken out of order and allow it to be discussed earlier. Mayor Carlson stated this item would be discussed after item 34. Kindra Donald, member of the Youth Advisory Commission, spoke to Council that this be done the first meeting in June. APPEAL-HILLBROOK SCHOOL - 16000 MARCHMONT DRIVE Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider appeal of Planning Commission's approval of plans for construction of multi-purpose building (Gymnasium/Classrooms) on Property in the HR-1 zone, U-80-10B and S-80-23B. Property owner: Hillbrook School; property located at 16000 Marchmont Drive. Appellants: Hugh 1. Thomson, Jeffery A. Barnett and Homer L. Higginson. Staff has requested that this item be continued until June 6, 1988 to allow for further meetings with the neighbors in the area. The applicant has agreed to this continuance. After some discussion, Mr. Ferrito moved to continue this item to June 6, 1988. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin abstained. APPEAL - 17400 PHILLIPS ROAD JACK COOK Mayor Carlson stated this was the time and place duly published for public hearing to consider the denial of request for approval of plans to subdivide a 9.3 acre parcel to create two lots on property in the HR-2 1/2 zone. Property located at 17400 Phillips Road and owned by Jack & Janet Cook. Mayor Carlson stated he had listened to the tapes from the previous hearing and is eligible to vote on this issue. Planning Director Lee Bowman stated the last time this was before Council, Council had asked the Cook's are now asking that an area be set aside for a future barn. Mr. Bowman stated that is not unusual. The subdivision was originally recommended by the DRC Committee but was denied by the Planning Commission. That was the subject of the appeal. With the proposed easement, the plan is in conformance with the Hillside Specific Plan and with the HR Zone. It is not necessary for Council to return the application to Planning Commission to review the easement unless the easement boundaries need to be reviewed. The Planning Commission will look at the easement at the time the map comes back to the Council. That is standard procedure. Staff is saying the map is approvable and more approvable with the easement. The Planning Commission's main reason for denying, is the suitability of the subdivision for the property and for the site. With the easement the unbuildable portion of the lot will be protected and removes some of the concerns the Planning Commission had. On that basis Planning Commission would be recommending approval. Mr. Cook spoke on the dedication of the easement and stated he had met all Town requirements. Mr. Bowman answered questions of Council as to the placement of the agriculture building and building could be subjected to Architecture and Site review if Council makes that a condition on the approval of the Map. Planning Director stated in answer to Mayor's questions there are no plan, policies or Ordinances that this violates that would give Planning Commission cause to deny. There being no one else wishing to speak on this issue, Mr. Ventura moved public hearing be closed. Mrs. Benjamin seconded. Carried unanimously. After further discussion Mr. Ferrito moved to uphold the appeal and finds that Planning Commission erred in rejecting the subdivision based on the traffic impact or slope density ratio and remand to Planning Commission for investigation of the Site and Architecture of the barn; the question of public access and the acceptance of the Open Space Easement. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin stated she supported the motion as she feels the condition of Architecture and Site approval of the barn is important as there are residential houses nearby. The public access is important but she in no way, wants the Planning Commission to think Council is remanding this back because we have questions re the Open Space Easement. The Cook's have granted that and wants it to be very clear, that she is supporting what the Cook's have presented. Mr. Hamilton supported the motion for the same reason as Mrs. Benjamin. Mr. Ferrito stated he made the motion finding the Planning erred, not because he supports the current traffic policy, but because that is the policy of the Town and the Commission ought not to, in particular applications, fight the policy. They ought to fight the policy by communicating with the Council outside of any particular application. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next Council meeting. CHERRY BLOSSOM TRAFFIC STUDY Mayor Carlson stated this was the time and place duly noted for public hearing for the purpose of reviewing the Cherry Blossom Neighborhood Traffic Study Action Plan. Don Wimberly, 15961 Quail Hill Road, spoke of his interest in the Blossom Hill Road portion of the study and thanked Council for their extended efforts to hear from the various persons on that topic. The proposal before Council tonight (by staff) is to improve the Cherry Blossom intersection by installing additional signaling equipment, relocating the crosswalks, cleaning up and making safety improvements to that intersection is something he strongly supports. Ken Houge, representative of The Terraces of Los Gatos, spoke in support of action plan but questioned the percentage of allocation of cost for signalization. Mr. Zapf spoke on the cost and allocation of percentage. Dr. Chamberlain, spoke in favor of improvement and signalization at Camellia Terrace. Also speaking on the issue was Lee Yurosko, Jim Dixon and Ross Bainbridge. There being no one else from the audience wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to authorize the issuance of a work order for the installation of four way stop signs at the intersection of Cherry Blossom and Cherry Stone Drive. Mrs. Benjamin moved for the adoption of Resolution No. 1988-87 entitled, RESOLUTION ESTABLISHING A 4 MAY VEHICULAR STOP AT CHERRY BLOSSOM LANE AND CHERRYSTONE DRIVE and to accept staff recommendation as follows: 1. Authorize staff to develop plans and specifications for reconstruction of traffic signals at Blossom Hill Road and Cherry Blossom Lane. Cost to be 50% for Town/50% for developer. 2. Authorize staff to develop plans and specifications at Blossom Hill Road and Camellia Terrace (with cost to be 75% for Town and 25% for developer) and also work on trying to solve incrementally the "cut through traffic" through residential area. Mr. Hamilton seconded. Carried unanimously. Mr. Ventura commented on the need for interconnection between Los Gatos Blvd., Blossom Hill Road. He stated he could see a potential for horrendous Back ups in turning movement that will jam Los Gatos Blvd with cars turning left onto Bl Hill Rd. Direct staff to make sure this gets installed correctly. APPEAL - 15308 TOP OF THE HILL COURT - M. PARKS Mayor Carlson stated this was the time and place duly published for public hearing to consider Planning Commission denial of request for approval of plans for construction of a single family residence on property that is prezone HR-5, S- 87-13. Property located at 15308 Top of the Hill Court and owned by Martin Parks. Tim Raibley, Engineer, representing Mr. Parks, explained the problem to Council and feels there was a misunderstanding in rules of setbacks and feels what Planning is asking is not feasible. Also speaking on this issue was Vicki Pilger and Steve Halladay objecting to the size of the proposed house and urging Council to uphold Planning's decision and deny the appeal. There being no one else from the audience wishing to speak on this issue, Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. After further discussion Mr. Ferrito moved to uphold Planning Commission's decision, as he cannot see where Planning erred and appeal be denied. Mrs. Benjamin seconded stating the size of the house should fit the size of the lot. Mr. Ventura stated he would support the motion as the house is to big for the lot and its encroachment into the sideyard setback.. Mr. Hamilton stated he could not support the motion. He is not sure what size the house should be and the variance is allowed when we have a substandard lot and would like to see Council send it back and take on a new direction. Motion carried by vote of four ayes. Mr. Hamilton voting no as stated above. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. APPEAL - 17601 FOSTER ROAD J.P. DINAPOLI Mayor Carlson stated this was the time and place duly published for public hearing to consider the appeal of Planning Commission's approval of a request for modification to approvals previously granted for the construction of a single family residence and permission to have a caretaker's unit as a part of the residential use on property in the HR-5 zone. Property owned by J. Philip DiNapoli at 17601 Foster Road. Mr. young, appellant and resident on Foster Road, stated he has appealed the decision of the Planning Commission based on the amount of traffic that the caretakers unit will add to Foster Road and feels that there is an existing sight distance problem at the location of his driveway along Foster Road, which should be corrected before any additional traffic is allowed. He stated County Supervisor Suzanne Wilson has directed the County Surveyor to study Foster Road in the vicinity of Mr. Young's driveway and to submit a report. Others speaking on this appeal were Kathy Anderson and Peter Larko and urged Council to deny the appeal. There being no one else from the audience wishing to speak on this issue, Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. After further discussion Mr. Ventura moved to uphold Planning Commission decision and deny the appeal as this is a preexisting condition on Foster Road. Staff be authorized to look into the situation and take care of any problem that is within the Town's jurisdiction and Mayor and staff to write a letter to Supervisor Wilson and the County, suggesting that they fix their problem and Town offer reasonable assistance that may be required and staff to consider suggestions made by Ms. Anderson. Mr. Ferrito seconded. Carried unanimously. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next Council meeting. GUADALUPE COLLEGE ACCESS ROAD Douglas Lincoln, 100 Olde Drive, stated he is speaking tonight to ask Council to preserve St. Joseph's Hill Open Space and presented Council with petition containing approximately 1500 signatures stating they are against the construction of the paved road through the Saint Joseph's Hill Open Space Preserve. Calvin Gordon, 39 Reservoir and Dan Currier, 6424 Montavlo Ct. San Jose also spoke urging Council's support in the preservation of this Open Space. Their alternate proposals for building the road through the preserve are - 1) A two year moratorium be placed on the construction of any road through the St. Joseph's preserve. 2) Foster Road be used temporarily during this time for access to the Guadalupe site and 3) an alternative route up the back of the mountain be studied. This road would come up from the Lime Kiln Canyon area and could possibly include a lower corner segment of the Open Space. He stated their intention is not to stop the College but to stop the road. Mayor Carlson asked staff for report. Mr. Bowman stated that there is a Conditional Use Permit application that has been approved and it will expire in October and the conditions on that permit, which were subject to hearing, include the construction of this road and there are 71 conditions relating to the use of the College and 2/3 of the conditions are relating to this road. If the application is not vested and substantial work has not been done prior to expiration date of the Use Permit the College would have to get an extension or apply for a new permit and at that time the hearing will be open to any suggestions and any comments, but until that occurs there is no way under our Ordinance that the Town could call up their application and amend it at this time. After discussion Councilwoman Benjamin urged Mr. Lincoln and others to meet with owners of the property to discuss this problem. Mrs. Yurosko from the audience spoke on one condition of the use permit and that is that nothing can be done about the road in question until the overpass is constructed on Highway 17. Mrs. Benjamin suggested Mr. Lincoln, Mr. Gordon and Mr. Currier meet with the owner of the property and applicants and see what can be worked out. Mr., Ventura spoke on the purchase of the property and the road was designated at that time and he will volunteer his time to work with the opponents and the applicants to help on this issue. RECESS Mayor Carlson declared a recess. Meeting reconvened at 10:20 p.m. ZONING ORDINANCE AMENDMENT RE MASSAGE PRACTITIONERS Request had been received from Deborah Meade to amend the Zoning Ordinance which would allow those persons certified in massage therapy to practice in Los Gatos. Speaking on the issue was Deborah Meade, stating the State requires certification to be called a massage practitioner and that requirement is for 150 hours training. Other states have considered it and require a 1000 hours training to receive that title. After further discussion it was consensus of Council to inform applicant that she should contact their State Representatives to see if something could possible be initiated. It was noted that the rules of Los Gatos are as stated in the zoning Ordinance and will not be amended at this time. No further action was taken on this issue. 3 WAY STOP AT SAN BENITO & BRUCE AVE. Discussion was held on the proposed installation of stop sign. Mr. Ventura questioned if people in this neighborhood had been noticed. Mr. Ferrito stated that was his concerns also. Mr. Zapf stated there had been a mailing survey. Speaking from the audience was Sylvia Malley who was the one that had requested the stop sign and she had made a door to door survey and 81% had favored the stop sign. After further discussion, Mr. Ferrito moved for the adoption of Resolution No. 1988-88 entitled, A RESOLUTION DESIGNATING A VEHICULAR STOP AT THE INTERSECTION OF BRUCE AVENUE WITH SAN BENITO WAY. (this would authorize the installation of one stop sign on westbound direction of Bruce Avenue at San Benito Way in conjunction with City of Monte Sereno to form a 3-way stop at said intersection). Mr. Ventura seconded. Carried unanimously. COURT DECISION RE 445 LEIGH AVE. NATIONAL CONVENIENCE STORE Mr. Hamilton questioned having a review process and it was noted that it states that in the revised Resolution proposed for Council tonight. Speaking on the issue was Cynthia Cima, representing the National Convenience Store and David McLean, District Manager of the store. After further discussion Mr. Ventura moved for the adoption of amended Resolution No. 1988-89 entitled, RESOLUTION AFTER COURT DECISION TO MODIFY TOWN COUNCIL DECISION IN RESOLUTION NO. 1984-221 DENYING APPEAL OF PLANNING COMMISSION DECISION IMPOSING CERTAIN CONDITIONS ON THE GRANTING OF CONDITIONAL USE PERMIT FOR CERTAIN STOP-N-GO MARKET: MODIFYING CONDITIONS OF APPROVAL: DETERMINING AMORTIZATION PERIOD: AND DETERMINING THE STORE CONSTITUTES A PUBLIC NUISANCE: REPEALING RESOLUTION NO. 1984-221 (445 LEIGH AVENUE - STOP-N-GO MARKET). Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Hamilton voting no. It was explained that this is done in compliance with the Court decision and with the Council taking this action then the convenience store could apply for modification whereby a public hearing will be held. Town Attorney answered questions of Council stating that nothing had been said tonight which would change the recommendations as presented in the above Resolution adopted tonight. COUNCIL MINUTES APRIL 4, 1988 Mr. Ventura moved for the approval of the corrected minutes of April 4, 1988. Mrs. Benjamin seconded. Carried unanimously. COUNCIL MINUTES MAY 2, 1988 Mrs. Benjamin requested correction on Page 4 - Subject -Extension of Ord. 1747. Vote on the issue was four ayes. Mrs. Benjamin voting aye and on page 6 - subject - Appeal -761 University, to add "There was a merger of 5 lots into one, which does not maintain the integrity of the LM zone." Other corrections were Page 4 - subject - Extension of Ord. 1748 - 7th line down from the top to read "matter as before and Mr. Hamilton will be voting as this....). Page 9 - subject - Deputy Treasurer. Minutes to reflect reason for Mrs. Benjamin and Mr. Ferrito for voting no. "Treasurer had already spent his allotted amount, which sends message to all other departments that it is alright to overspend without approval. Mrs. Benjamin moved for the approval of minutes of May 2, 1988 as corrected. Mr. Ventura seconded. Carried unanimously. TREASURER'S REPORTS Mayor Carlson stated Council had received March 1988, April 1988 Treasurer's report and received a report of May through May 8, 1988. HAZARDOUS MATERIALS PERMIT FEES Mr. Ferrito moved to direct staff to contact Central Fire District to address the specific concerns outlined in letter from Mr. Davies; update survey of hazardous materials permit fees County-wide and return with report June 6, 1988 addressing these issues. Mrs. Benjamin seconded. Carried unanimously. ROUTE 85 RIGHT-OF-WAY ACQUISITION Mayor Carlson reported that he and the Town Manager had met with Mr. Quackenbush and tried to explain the Towns position and the issues that are important to the Town and Mr. Quackenbush indicated that he would be trying to apply pressure to Saratoga to have an interchange and that he would be contacting Callrans and the traffic Authorities. Mr. Ferrito read article from the newspaper re widening the roads. After further discussion Mr. Ventura moved to reschedule this matter for consideration at its June 20, 1988 meeting and set a date of August 8 for a Council Workshop. Mr. Hamilton seconded. Carried by three ayes. Mr. Ferrito and Mr. Carlson voting no. Mr. Ventura suggested that the Mayor and Mr. Ferrito prepare and send a letter to Representatives in Sacramento, to the press and other local officials stating what the Town's position. Letter to be sent as soon as possible. NEW SECONDARY DWELLING UNITS Mr. Bowman spoke on the report and staff recommendations. Mr. Ferrito disagreed with staff recommendation and after further discussion Mr. Ferrito moved to refer staff report to the Planning Commission, as it exists, and have Planning recommend to Council whether Council ought to proceed with Alternate #1 (Council's request) or Alternate #2 (staff recommendation). Mrs. Benjamin seconded. Carried unanimously. PROJECT 8707 L.G. BLVD/LOMA ALTA - EAST MAIN/PLEASANT SIGNAL Mr. Ventura moved to delete the proposed traffic signal at the Los Gatos Boulevard/Loma Alta intersection. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voted no. Discussion was held on redesigning the path of that road whereby a light would not be needed. Mrs. Benjamin spoke of the placement of stop signs at Pleasant and E. Main. Town Engineer stated he would need a couple weeks to look into this. Mr. Ventura moved to continue this for 2 weeks and have staff come back with report on installing of interim top signs. Mrs. Benjamin seconded. Carried unanimously. INSTALLATION OF TRAFFIC DEVICES VISTA DEL MONTE Mr. Benjamin stated it is fine if staff wants to paint the street but feel people going on that street are people who live there and that she is against cluttering the streets with any more signs. Mrs. Benjamin moved Council direct staff to proceed with the painting of double yellow centerline and pavement markers only. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito moved Council approve recommendation #2/ Motion fails for lack of a second. LOS GATOS HIGH SCHOOL CENTENNIAL ALUMNI REUNION Discussion was held on the request of the Los Gatos High School and Los Gatos Lions Club to sell beer an wine in conjunction with Los Gatos High Schools' Centennial Alumni Reunion to be held june 18, 1988 and also close a portion of New York Avenue. Town Manager state there is also a staff recommendation that Charles Street be closed. Mr. Ventura moved to approve the request for sale of beer and wine for the High School Alumni Reunion; close portion of New York Avenue and Charles street subject to the following conditions: a) Event hours will be established from 8:00 AM to 12:00 Midnight. b) Live entertainment will take place on the High School's football field between 1:30 PM and 7:30 PM. Amplified music shall not exceed 75 DBA - measured twenty-five (25) feet from the source. c) Street closure (New York Avenue through the High School's parking lot to the dead-end by the tennis courts) will begin at 8:00 AM and end at 12:00 Midnight. d) Fenced-in beer and wine garden to be provided by the Los Gatos Lions Club. They will also provide the necessary signs posted within the garden area and make sure it is cleaned up prior to securing the area. e) Applicant will supply at least five (5) security officers from a licensed security firm to provide extra security in the area of the beer and wine garden, and whatever else security may be required. f) A map of the proposed beer an wine garden area shall be presented to the Police Department prior to June 1, 1988. g) The Lions Club to provide the Police Department a list of at least five (5) volunteers who will be working security of the beer and wine garden area. h) Lions Club will obtain a valid Alcoholic Beverage Control License for beer and wine to be sold. i) A schedule of events to be supplied to the Police Department. j) Lions Club will provide the Town with a special event insurance coverage in the amount of one million dollars. Lions Club will also provide the Town with a Hold Harmless Agreement. k) Four (4) police officers and one (1) police sergeant will be required for security purposes. l) Applicant will reimburse the Town for police security provided. m) Time limit parking on East Main Street from Pageant east to Church Street to be waived for Saturday, June 18, 1988. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Hamilton voting no. SOCCER FIELDS AVAILABILITY Mr. Hamilton stated the report from the Parks Commission does not report on the pursuit of finding more available soccer field and that is what he thought they were to report on. Mr. Bryant spoke on the report and answered questions of Council. After further discussion Mr. Hamilton moved to encourage the soccer leagues to pursue finding other fields where their games could be held, due to traffic problems at Fisher School. Mr. Carlson seconded. Carried unanimously. TRAFFIC POLICY REVIEW Discussion was held on the letter of Dan Simons requesting review of current traffic policy. No action was taken. VASONA CORRIDOR ALTERNATIVES Mr. Ventura questioned the report of the Vasona Corridor Alternatives analysis. Mr. Zapf answered questions of Councilmembers. After further discussion Mr. Ventura amoved to notify our representative on the specific plan committee that without extension to Camden the Town will not support ending the line at Vasona Station. Mr. Carlson seconded. Carried unanimously. Mr. Ventura moved to refer to Route 85 Specific Plan Committee a policy to come back to Council, for adoption by Resolution, regarding how we can effectuate to local funding the extension of mass transit line from Vasona Station to Bascom Avenue in the 85 Corridor. Mrs. Benjamin seconded. Carried unanimously. METROPOLITAN TRANSPORTATION COMMISSION FUNDING It was consensus of Council to authorize the Mayor to amend the proposed letter and send to the Metropolitan Transportation Commission indicating support for preference in the State regional Implementation Plan (STIP) for those regions who enact local revenue measures. HOUSING CONSERVATION PROGRAM GUIDELINES Mr. Hamilton spoke of his concerns re Councilmembers not having access to confidential information re the Housing Conservation program. Discussion was held on the need to have individual names given to Council persons. Town Attorney reported to Council on right of access and reason for the need to know to the names. Town Attorney stated she believes the information Mr. Hamilton is seeking can be given without divulging any names. Town Manager stated the report before Council tonight is to deal with policy issues only. After further discussion Mr. Ventura moved to continue this issue for four weeks to allow Mr. Hamilton to meet with staff and put in writing, in detail, as to the information he wishes. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito requested a study session to discuss this, so all Council persons can be educated on this matter. MEETING PAST MIDNIGHT Mr. Hamilton moved to continue the meeting past midnight. Mr. Ferrito seconded. Carried unanimously. HOUSING (cont) Mr. Ferrito questioned issue in the report. After further discussion Mr. Ferrito moved for the adoption of Resolution No. 1988-91 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE HOUSING CONSERVATION PROGRAM GUIDELINES. Mrs. Benjamin seconded. Carried unanimously. PROJECT 8718 RECREATION DIST. PARKING LOT Mr. Ventura moved for the adoption of Resolution No. 1988-92 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN AGREEMENTS WITH MASONIC LODGE AND RECREATION DISTRICT PROJECT 8718 RECREATION DISTRICT PARKING LOT. Mrs. Benjamin seconded.Carried unanimously. Mr. Ventura moved for the adoption of Resolution No. 1988-92 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8718 RECREATION DISTRICT PARKING LOT. Mrs. Benjamin seconded. Carried unanimously. APPEAL- LEE KAVANAUGH 213 EDELEN AVE. Mr. Hamilton stated he feels Ordinance re secondary units should be modified and like to see Town to reconsider the 30 ft. rule re expansion of secondary dwelling units and expansion that exceeds the 30 ft limit should not include number of bedrooms nor exceed the new lot size versus secondary unit size. Discussion was held where by Mrs. Benjamin stated it adds extra building along some ones property line, the owner is well aware of the rules so see no reason for reconsideration. After further discussion Mr. Ferrito moved for the adoption of revised Resolution No. 1988-94 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF EXCEPTION TO THE DEVELOPMENT STANDARDS OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION IN FLOOR AREA OF TWO SECONDARY DWELLING UNITS IN THE R-1D-LHP ZONE (213 EDELEN AVENUE - LEE KAVANAUGH). MR. VENTURA SECONDED. Carried unanimously. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 12:25 A.M., Tuesday May 17, 1988. Mr. Hamilton seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk