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M 02-16-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 16, 1988 TOWN COUNCIL PRESENT: Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton and Mayor Eric D. Carlson. ABSENT: Brent N. Ventura. Mr. Ventura arrived at the meeting at 9:45 p.m. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORTS Town Attorney reported that on February 8, 1988 Council had met in closed session to discuss the case of Farwell vs Town of Los Gatos. Only those Councilmembers eligible to vote on this matter, Vice-Mayor Benjamin, Brent Ventura and Mayor Eric D. Carlson, were present. A press release was issued on Thursday February 11, 1988 that indicated the Council's discussion on this matter. Council agreed to pursue the matter to trial, as much as there has been no settlement or discussion forthcoming from the plaintiffs. Prior to this evenings Council meeting of February 16, 1988, Council met in closed session to discuss the litigation of Town of Los Gatos v. Vertical Management Systems, Inc. and there is no report at this time. BID AWARD FOUR WHEEL DR. VEHICLE It was noted bids were received ranging in price from $13,843.30 to $15,800.69. Mrs. Benjamin moved to award the bid to Mission Valley Ford in the net amount of $14,581.96 without a trade in. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Ventura was absent. BID AWARD-CAB CHASSIS & UTILITY BODY It was noted three bids were received ranging in price from $16,000.00 to $18,507.61 Mr. Michael LaRocca answered questions of Council re meeting or exceeding the specifications. After further discussion, Mrs. Benjamin moved to accept staff recommendation and award the bid to Cerrito Chevrolet in the net amount of $16,303.59 without a trade-in. Mr. Hamilton seconded. Carried by four ayes. Mr. Ventura was absent. BID AWARD-TRUCK MOUNTED FLATBED DUMP It was noted two bids were received ranging in price from $19,338.25 with trade- in to 21,118.59. Mrs. Benjamin moved to accept staff recommendation and award the bid to Mission Valley Ford for the net bid of $20,838.25 without trade- in. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr.Ventura was absent. BID AWARD-POLICE PATROL VEHICLES Bids were received from Cerrito Chevrolet and Swanson Ford-Isuzu for nine four- door sedans and one van for police patrol use. Mr. Ferrito moved to accept staff recommendation and award the bid for nine four-door sedans and one 1988 Astro van for police patrol use to Cerrito Chevrolet of Los Gatos in the amount of $154,497.30; Tow police patrol vehicles be retained and refitted as town staff vehicles; two staff vehicles be sold at public auction for a minimum price that is high than the verbally offered trade-in allowance of $400.00 per vehicle; and eight police patrol vehicles be traded in or sold for the highest amount offered. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. COMMUNICATIONS A Letter dated February 7, 1988 was received from the Town Treasurer regarding the duties of the Treasurer and the Deputy Treasurer. Mrs. Benjamin moved to note receipt and file. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr.Ventura was absent. PUBLIC HEARING SCHEDULE Information report for Council on upcoming hearings that have been scheduled. PAYROLL FEBRUARY 12, 1988 Mrs. Benjamin moved for the approval of the february 12, 1988 payroll in the amount of $168,817.47 and payroll related warrants in the amount of $111,344.07. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr.Ventura was absent. ACCOUNTS PAYABLE JANUARY 1988 Mrs. Benjamin moved for the approval of the accounts payable warrants in the amount of $267,788.28 for the month of January 1988. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. NOTICE OF COMPLETION LASUEN COURT Mr. Benjamin moved to accept the Notice of Completion and Certification of Acceptance for Lasuen Court Subdivision located at 15955 Union Avenue. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. 306 UNIVERSITY WAIVER OF FEES VEHICLE EXHAUST SYSTEM Mrs. Benjamin moved to grant the request and waive permit fees for the installation of a vehicle exhaust system at 306 University Avenue. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ventura was absent. CLAIM CARL MORTENSEN Mrs. Benjamin to reject the claim of Carl and Marian Mortensen. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. 1987/88 MID-YEAR BUDGET REVIEW Mrs. Benjamin moved to accept the report and make three adjustments as follows: 1.Transfer $16,195 from the Downtown Parking Fund to the Engineering Department. This transfer represents costs not charged to the Parking Fund during the second quarter. 2,Reduce 1987/88 estimated revenue by $112,600. This reduction represents deletion of the Office of Traffic Safety Grant which was not funded due to Federal Funding restrictions which affected State allocations. 3.Transfer $7,000 from Building Micro-fiche to Building Supplies. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. GUADALUPE COLLEGE (WESTERN CALIF UNIVERSITY) Council informational report. YOUTH ADVISORY COMMISSION REQUEST TO HOLD CONCERT MAY 1 OAK MEADOW PARK Mrs. Benjamin moved to approve the Youth Advisory Commission's request to sponsor a concert at Oak Meadow Park on May 1, 1988, subject to the following conditions: 1.Concert be scheduled between 1:00 p.m. and 5:00 p.m. 2.Applicants meet with Parks and Police Departments by March 15 to coordinate concert set-up operation and breakdown. 3.Vehicles entering the park for set-up and breakdown require pre-arranged approval of the Parks Department. 4.Six "porta potty" units be required and located to meet Parks Department requirement. Delivery of units to be scheduled between 7:00 a.m. and 9:00 a.m. May 1 and return units on May 1 between 6:00 p.m. and 7:00 p.m. or 7:00 a.m. and 9:00 a.m. May 2. 5.Fencing plan be submitted to Police and Parks Departments by March 15. Fencing must be at least four feet in height. 6.Fencing be installed May 1 between 7:00 a.m. and 9:00 a.m. Removal of fence immediately after event. 7.Location of all booths to be shown on site plan and submitted to Parks Department for approval by March 15. 8.Food booths to meet standards outlined by Health Department and obtain required permits. 9.Food booths be set up between 7:00 a.m. and 9:00 a.m. on May 1 and removed immediately after event. 10.Applicants vendors submit $1 million insurance certificate naming Town of Los Gatos as additionally insured. 11.Applicants vendors shall provide the Parks Department with a signed Hold Harmless Agreement. 12.Applicant shall be responsible for cleanliness of facilities to be used to include bandstand and turf area. 13.Amplified music shall not exceed 75 dba measured twenty-five feet from source. 14.Eight officers will be required for the event. 15.Music selection and performance order to be approved by the Youth Advisory Commission and the Police Department. 16.No slam dancing. 17.All consumption of alcoholic beverages is prohibited in the designated concert area. 18.Youth Advisory Commission representatives will be identified at least two weeks prior to the event and on site from 7:00 a.m. to event breakdown. 19.applicant provide a minimum of four maintenance people for purpose of litter control during the event. 20.Regarding activity costs: a). reduce expenditures for the activity by having T-shirts underwritten. b). all grants and donations for event to be received by March 31. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. LOS GATOS CENTER FOR THE ARTS Council informational report. AMICUS BRIEF DAVIS V. CITY OF BERKELEY Mrs. Benjamin moved to authorize participation in the Davis v. City of Berkeley amicus brief at no cost to the Town. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr.Ventura was absent. RESIGNATION MICKEY BENSON L.G. ARTS COMM. Mrs. Benjamin moved to accept Mickey Benson's letter of resignation from the Los Gatos Arts Commission with regret. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. The Clerk instructed to advertise for the vacancy on the Los Gatos Arts Commission. CONTRACT WITH BMIS FOR MICROFILM SERV. Mrs. Benjamin moved for the adoption of Resolution No. 1988-37 entitled RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH BMIS FOR MICROFILM SERVICES. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. RESOLUTION DESIGNATING MARCH, 1988 WOMEN'S HISTORY MONTH Mrs. Benjamin moved for the adoption of Resolution No. 1988-38 entitled, A TOWN COUNCIL RESOLUTION DESIGNATING MARCH, 1988 'WOMEN'S HISTORY MONTH". Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. COMMENDATION LOS GATOS POLICE OFFICER'S ASSOC. Mrs. Benjamin moved for the adoption of Resolution No. 1988-39 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE LOS GATOS POLICE OFFICER'S ASSOCIATION. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. This is for their donation of labor and materials for repairing the Los Gatos Museum at 4 Tait Avenue. AGREEMENT AMENDMENT RE PROVISION OF MEALS TO SENIORS Mrs. Benjamin moved for the adoption of Resolution No. 1988-40 entitled, RESOLUTION APPROVING THE AMENDMENT TO AGREEMENT WITH THE SANTA CLARA COUNTY DEPARTMENT OF SOCIAL SERVICES. (town manager is authorized to sign on behalf of the town). Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. AMENDMENT AGREEMENT WITH INFORMATION & REFERRAL SERVICE Mr. Hamilton questioned how many times was the Information and Referral service used. Harryette Shuell from Information and Referral Services, Inc. answered questions. Mrs. Benjamin moved for the adoption of Resolution No. 1988-41 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN THE ATTACHED AMENDMENT TO THE CONTRACT WITH INFORMATION & REFERRAL SERVICES, INC., FOR THE OPERATION OF THE TOWN'S RENTAL DISPUTE PROGRAM. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Hamilton requested to report be furnished with the statistical data as to how many use this service and this be included in the future include statical data. DENIAL OF APPEAL - 720 UNIVERSITY AVE. Mrs. Benjamin moved for the adoption of Resolution No. 1988-42 entitled, RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION TO REVOKE ALL ZONING APPROVALS ON PROPERTY IN THE LM ZONE FOR EXPANDING UNLAWFULLY (720 University Avenue - Eleanor Nilsson). Mr. Hamilton seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr. Ventura was absent. REMAND OF APPEAL GP-87-3 GENERAL PLAN AMENDMENT SMITH PROPERTY MILES AVENUE Mrs. Benjamin moved for the adoption of Resolution No. 1988-43 entitled, RESOLUTION REMANDING APPEAL OF PLANNING COMMISSION DENIAL OF GENERAL PLAN AMENDMENT GP-87-3 TO THE LOS GATOS GENERAL PLAN CONCERNING USE OF PROPERTY LOCATED ON THE WEST SIDE OF MILES AVENUE, ADJACENT TO AND NORTH OF THE TOWN CORPORATION YARD FROM MEDIUM DENSITY RESIDENTIAL TO SERVICE COMMERCIAL (MILES AVENUE GP AMENDMENT - H. EUGENE SMITH). Mr. Hamilton seconded. Carried by a vote of three ayes. Mrs. Benjamin abstained and Mr. Ventura was absent. ORDINANCE DESIGNATING HOLIDAYS FOR TIME LIMIT PARKING Mrs. Benjamin moved for the adoption of ORDINANCE NO. 1743 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 a vote of four ayes. Mr. Ventura was absent. DESIGNATING MARCH 6 - 12 A.A.U.W. WEEK Mrs. Benjamin moved for the adoption of Resolution No. 1988-44 entitled DESIGNATING MARCH 6TH THROUGH 12TH, 1988 A.A.U.W. WEEK. Mrs. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. VERBAL COMMUNICATIONS Egon Jensen, 182 Lester Lane, submitted a letter to Council he had printed in the newspaper regarding the Council and Treasurer getting together and settling their dispute. He sent out 200 copies requesting they join his plea for restoring peace and tranquility in Town Hall by signing the letter. Seventy-five persons responded and Mr. Jensen filed them with the Town Clerk. APPEAL REMODEL & EXPAND 151 N. SANTA CRUZ (SCOTT) Mayor Carlson stated this was the time and place duly noted for public hearing to reconsider appeal of Planning Commission's denial of the request for approval of plans to remodel and expand an existing commercial building in the C-2 zone, s- 78-38. Property located at 151 N. Santa Cruz Avenue. Property owner, John L. Scott. John L. Scott, property owner, stated he did not receive a notice and requested Council remand this back to the Planning Commission. There was discussion regarding notice of hearing. Mr. Bowman, Planning Director, answered questions of Council and read minutes of what was told to Mr. Scott. Mrs. Benjamin moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mrs. Benjamin moved to remand to the Planning Commission the decision denying request to remodel and expand an existing commercial building at 151 N. Santa Cruz Avenue. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no because the applicants attorney requested a continuance the Planning Commission granted the continuance and neither the applicant or the attorney showed up. Mr. Ventura was absent. The Town Attorney to prepare appropriate resolution and present for Council consideration at the next meeting. FISHER SCHOOL & LOUISE VAN METER PARKING PROBLEMS Mayor Carlson stated, this was the time and place duly noted for continued public hearing to consider traffic and parking in residential area surrounding Fisher Jr. High School and Louise Van Meter. Mayor Carlson stated for the record, he had listened to the tape and is eligible to vote on this issue. Mark Wagner, 100 Albert Court, presented letter signed by seven residents in the area regarding traffic and parking in residential area surrounding Fisher and Louise Van Meter Schools. Mr. Wagner requested Council consider preferential permit parking along Nino Avenue and Albert Drive; supports a stop sign at Fisher Avenue and Roberts Road but is against three stop signs. Mrs. Benjamin moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mayor Carlson stated for the record a letter was received from Mr. Wagner and also a letter from Mr. Ingelman who questioned if permit parking would do any good. Mr. Hamilton not in favor of a light at Roberts and Blossom Hill Roads because it would lead to traffic flow through Roberts Road. He is in favor of a stop sign at Roberts Road. Mr. Hamilton moved to approve the installation of three stop signs at Fisher Avenue/Nino Avenue intersection; two yellow cross-walks at the Fisher/Nino Avenue intersection and two at the Fisher Avenue/Roberts Road intersection; two "Slow School-Xing" pavement markings on Nino Avenue, and two on Roberts Road; deny request for permit parking in the neighborhoods; direct staff to continue studying parking alternatives to alleviate traffic congestion and to maintain the parking availability in the area during soccer games; direct staff to continue investigation of other site alternative for the soccer matches; and include stop signs at Roberts Road and Fisher Avenue. Staff to prepare report to Council after a nine month trial period. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. APPEAL 644 UNIVERSITY (DIMITROPOULOS) Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of the Planning Commission's denial of request for approval to construct and operate an auto repair facility on property in the LM zone. Property located at 644 University Avenue and owned by Angelo Dimitropoulos. Mayor Carlson stated for the record he had listened to the tape of the January 19, 1988 meeting and is eligible to vote. It was noted a letter was received from Mr. Dimitropoulos requesting continuance of this hearing to March 21, 1988. Mrs. Benjamin moved to approve the request and continue the hearing to April 4, 1988. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mr. Dimitropoulos to be notified of the appeal date change immediately and also note Council's reluctance to grant any further continuances. APPEAL 155 N. SANTA CRUZ AVENUE (FAIR OAKS ASSOC) Mayor Carlson stated this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission approval of Subdivision Application M-87-6; Architecture and Site Application S-87-22 and denial of Variance Application V-87-4 for the construction of a new one story commercial building, to merge existing properties into one lot and delete the rear yard required setback in the C-2 Zone. Property located at 155 N. Santa Cruz Avenue and owned by Fair Oaks Associates. Mr. Bowman discussed the issue of what is required by Title 24 for handicap parking. The Building Official made the determination that because there is covered parking on the premises, the handicap parking stall must be covered also. Applicant proposed to cover the parking stalls but the handicap stall located in a yard along the ally. In order to put a covered structure in the yard a Variance was necessary. The Planning Commission could not make the finding to grant the variance. The Development Review Committee recommended the plan be revised to include the handicap stall in the basement garage. The Planning Commission did not go along with the DRC recommendation and eliminated the requirement for a covered handicap space. Council has reserved the right to review any decision of the Building Official in regards to Title 24. This matter has come before the Council because the Planning Commission has no authority to change the Building Official's interpretation of Title 24. Nick Vojvodich, 19353 Melinda Circle, Saratoga, argued on behalf of the Planning Commission's finding that of equal facilitation and submitted a letter from Fair Oaks Associates. George Tobin, property owner, spoke on the DRC report to Council regarding the appeal and referred to State Health and Safety Code 19957. Mr. Tobin read the requirements for an appeals board regarding Title 24. He stated the Town of Los Gatos does not have right to appeal to Council the decision that has been made by the Planning Commission; the appeal procedure is specifically laid out in the Health and Safety Code; and it is not an appeal to the Council, it is an appeal to a special appeals board. Jim Lewis, 156 Vista del Monte, spoke on unreasonable hardship and read from Title 24 of the Health and Safety Code. He feels this matter has not been dealt with. Mayor Carlson asked if Mr. Lewis' conclusion was either Council would have to make a documented finding of unreasonable hardship to allow it to go through the way Planning Commission did or require a covered stall. Mr. Watson, Building Official, stated the Council was the appeals board and he did not make a finding of unreasonable hardship. There was further discussion on the Title 24 requirements and the findings for unreasonable hardship. Gordon MacDonald architect for the project, spoke on this issue. Mr. Ferrito moved to close the public hearing. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Mayor Carlson questioned if it was legal for Mr. Bowman to list this address as the Town Hall and sign the appeal as an individual? The Town Attorney stated any person may appeal and that's sufficient. Mr. Ventura arrived at 9:45 p.m. Mr. Ferrito would like a study done as to how much of the footprint of the corner of the building has to be encroached upon, in order to provide a reasonably sized covered handicap parking space and what problems would occur (slope, cost, etc.). He would like to continue the hearing for further input before making findings. The Town Attorney report, "under section 19957 of the Health and Safety Code if there is a finding of unnecessary hardship and practical difficulty or extreme differences the building department responsible for enforcement of this part may grant exceptions from the literal requirements of the standards and specifications required by this part. Or permit the use of other methods and materials but only when it is clearly evident the equivalent facilitation and protection are thereby secured". Mayor Carlson questioned if Council could not make a finding tonight about unreasonable hardship with respect to the underground part and asked, does paragraph 19555.5 of the Health and safety Code, mean they don't have to do anything? The Attorney stated that paragraph talks about if the ramp or litter is not available to provide access and she is not sure what "not available" means because this is a new construction. Mr. Hamilton is in favor of finding a reasonable hardship and granting the variance to provide equal facilitation. Mrs. Benjamin agrees. Mr. Hamilton moved to find a reasonable hardship based on testimony introduced by Mr. Vojvodich and his architect that the overall evaluation of 1) the cost of providing the access; 2) the cost of all the construction completed; 3) the impact proposed improvements on the financial feasibility of the project; 4) the nature of the accessibility which would be gained or lost; 5) and the nature of the use of the facility under construction and its availability to disabled persons. There is unreasonable hardship to provide facilitation underground. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained due to his absence from the public hearing. Mr. Hamilton moved to uphold the appeal, in as much as the Planning Commission erred in not considering undue hardship and did not require a covered handicap parking space as equivalent facilitation. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura abstained due to his absence from the public hearing. Mr. Hamilton moved to grant the variance with a 14 by 20 ft. canopy to be installed over the handicap parking space to the satisfaction of the Planning Director and Building Official with the findings that the testimony introduced by the architect indicated that the special characteristics of the topography make this the only way based on the testimony received tonight. Mrs. Benjamin seconded. Motion failed by a vote of two ayes. Mr. Ferrito and Mayor Carlson voted no. Mr. Ventura abstained due to his absence from the public hearing. Mr. Ferrito voted no because there is not enough testimony and evidence provided to make the findings and he would like to see a report of the topography, cost and other practical considerations. Mayor Carlson agreed with Mr. Ferrito. After further discussion regarding awning size and installation, and the need for more information Mr. Hamilton withdrew his motion. Mr. Ferrito moved to continue this matter to March 14, 1988, at 7:30 p.m. for a public hearing for the purposes of allowing the applicant to supply a report to the Council regarding what it would take to install a 14 by 20 ft. covered handicap space other than in the setback without requiring a variance. Also do a cost analysis showing by drawing and description what it would take. Mr. Carlson seconded. Carried by a vote of four ayes. Mr. Ventura abstained due to his absence from the public hearing. Clerk to prepare tape of the public hearing for Mr. Ventura. RECESS Meeting reconvened at 10:35 p.m. MINUTES JANUARY 25, 1988 Mr. Ferrito moved for approval of the January 25, 1988 minutes. Mr. Ventura seconded. Carried unanimously. MINUTES FEBRUARY 1, 1988 Mr. Ventura requested his comments regarding concerns on changing the General Plan designation that the applicant should come forward with the zone change and a general plan designation application at the same time be added to page 4, Appeal - General Plan Amendment GP-87-3. Page 5, Amendment to Agenda Format. Change "description" to "discretion" in the last sentence. Mr. Ferrito moved for approval of the minutes of February 1, 1988 as corrected. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained due to absence from the meeting. SECONDARY DWELLING UNIT REPORT Mayor Carlson moved to change recommendations on three and four to read, "as one measure of abatement to allow existing unlawful secondary units to come up to the standards for new secondary units to apply under that provision of the General Plan. These would be the only new secondary units at this time". Mrs. Benjamin seconded. Mayor Carlson withdrew his motion. Mr. Ventura moved to have staff send notices to the ten nonconforming secondary dwelling units who have not applied and asked them to file applications; and Council not adopt resolution allowing new secondary dwelling units until the Council determines whether the Town's newly revised traffic policy should be amended to exempt secondary dwelling units. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no and Mr. Ventura abstained. Mrs. Benjamin moved that a thirty day extension be given to obtain clearance from the Building Department for owners of second units which submitted applications during the initial application period and have yet to complete housing code requirements. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voted no. Mr. Ferrito moved staff will proceed with abatement procedures for any properties determined to have unlawful second units. Mr. Ventura seconded. No vote was taken on this motion. By consensus motion, Mayor Carlson requested staff to schedule a study session to discuss allowing only those people who have currently unlawful secondary units to apply. The report to include how to determine old and new secondary units and how to proceed with the remaining unlawful units and any future units discovered. 470 N. SANTA CRUZ SAFEWAY Informational report regarding storage behind safeway store at 470 N. Santa Cruz Avenue. Council requested a report on the results of the letter to be sent to Safeway. 400 BLOSSOM HILL (HIGGINS) Letter dated February 2, 1988 from William L. Higgins requested that the Town Council grant a one year time extension for the approval of his application to construct an office building at 400 Blossom Hill Road. Discussion was held on schedule for time extensions. Mrs. Benjamin moved to grant the extension with the $500.00 fee. Mr. Hamilton seconded. Mr. Ferrito stated the motion would break the law. Mrs. Benjamin withdrew her motion. Mr. Hamilton moved to reapply with the same application for a free of $500.00 within 30 days of notification. Also inform Mr. Higgins of the new traffic policy. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr.Ferrito voted no. Mayor Carlson by consensus motion requests recommendations to clarify the filing times on the handout. RESOLUTION AMENDING BMP HOUSING PROGRAM Mr. Hamilton questioned confidentiality and wants it made clear that any Council member has the right to any of the confidential information and would respect the confidentiality. The Town Attorney to get opinion regarding confidentiality for Council members. Mr. Ferrito moved for adoption of Resolution No. 1988-45 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING PROGRAM. Mr. Hamilton seconded. Carried unanimously. TREASURER'S REPORT - DECEMBER, 1987 It was noted by Mayor Carlson that Council had received the December, 1987 Treasurer's Report. TRAFFIC IMPACTS RE AMENDMENT TO ZONING ORD. (A-87-11) There were questions on how this would affect development of certain properties in Town. Mr. Ventura moved for adoption of the Negative Declaration. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved to make the finding the amendments to the Zoning Ordinance are consistent with the General Plan and the Downtown Specific Plan. Mayor Carlson seconded. Carried unanimously. Mr.Ventura moved to waive the reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE RELATING TO TRAFFIC IMPACTS. Mayor Carlson seconded. Carried unanimously. Town Clerk read title of the Ordinance. Mr. Ventura moved to introduce the Ordinance. Mayor Carlson seconded. Motion failed. Mrs. Benjamin, Mr. Ferrito and Mr. Hamilton voted no. Further discussion was held on this issue. Mr. Ventura moved to introduce the Ordinance. Mayor Carlson seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Hamilton voted no. Mr. Ferrito stated he had previously voted no out of frustration. AMEND - TOWN CODE SEC. 2-7 & 1-10 DELEGATION OF DUTIES & FILING CONTRACTS & AGREEMENTS WITH CLERK Mr. Ventura requested an amendment to Section 2.7(c)(1)(b) of the proposed ordinance to read, "Limit consolidation of the Town's investments or deposits to no more than 1)% of the Town's entire portfolio (except the Local Agency Investment Fund (L.A.I.F.) which can be higher). Mr. Ventura moved to waive the reading of AN ORDINANCE AMENDING TOWN CODE SECTIONS 2-7 - DELEGATION OF CERTAIN DUTIES; 2-10.4 - OFFICE OF THE DIRECTOR OF FINANCE, AND ADDING SECTION 2-8.1 - CONTRACTS AND AGREEMENTS TO BE FILED WITH TOWN CLERK, with amendment. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of the Ordinance. Mr. Ventura moved for introduction of the Ordinance as amended. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. Mr. long read a portion of a letter from Mr. Bethlahmy, Town Treasurer opposing the code changes to the Town Code and suggested Council defer further consideration of this illegal ordinance. Letter submitted to the Town Clerk for the files. ROUTE 85 VISUAL DESIGN GUIDELINES Mr. Ventura reported on the receipt of a draft performance agreement from the Traffic Authority. It was consensus of Council that the Mayor send a letter stating the need for more time and believes the fees and other things are not being responsive to the Town's concerns. A work study session is scheduled for February 29, 1988 to discuss Route 85. URGENCY INTERIM ZONING ORDINANCE IMPROVEMENT OF PROPERTY ALONG 85 CORRIDOR Discussion was held on the proposed Urgency Interim Zoning Ordinance regarding improvements of property along the 85 Corridor. Mr. Bowman answered questions of Council. Discussion was held regarding rezoning the property so it reflects the existing use. Mr. Ventura moved to set a public hearing for March 21, 1988. Mayor Carlson seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. Staff to notify all the people, in the area, of the public hearing. ADJOURNMENT Mr. Ventura moved the meeting be adjourned at 11:58 p.m. Mrs. Benjamin seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk