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M 10-02-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 2, 1989 MINUTES TOWN COUNCIL The Town Council/Parking authority of the town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 8:05 p.m., Monday, October 2, 1989, in regular session. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. ABSENT:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATIONS/STUDENTS FROM ITALY Florence Bell introduced Italian exchange students, with the Italy-USA Cross- Cultural Exchange Program, and their teacher, who had come this evening to present the flag of their city, Cagliari, Sardinia, to the Town of Los Gatos. Mayor Benjamin presented the students with posters of the Town's Centennial which had been donated for this special occasion by the Los Gatos Chamber of Commerce. APPOINTMENTS/MUSEUM COMMISSION Applications were received from Lucy McAllister and Mary Eastham for two vacancies on the Museum Commission due to resignations. Voting was held and both applicants were appointed to fill the positions. Terms to expire May 1, 1990. APPOINTMENTS/COMMERCIAL SPECIFIC PLAN COMMITTEE Applications were received from Betty Benesi, Steven Blanton, Jennifer Borgardt, Robert Davies, Rod Johnson, Linda Lubeck, Terry McElroy, Richard Miller, Cliff Petersen, Stephen Rice, Ted Simonson, and Priscilla VazVieira. Voting was held and the following applicants were appointed to fill the eight openings on the committee: Steven Blanton, Rod Johnson, Linda Lubeck, Terry McElroy, Richard Miller, Cliff Petersen, Stephen Rice and Ted Simonson. Meeting time, meeting place and term of office have not yet been established for this new committee. Committee members will be notified by staff of first meeting date. COMMENDATION/ARTS COMMISSION/EMERALD HATHAWAY Mayor Benjamin presented a commendation from the Arts Commission to Emerald Hathaway for her service to the Town, specifically noting the program of Music in the Plaza which she initiated. CLOSED SESSION Mary Jo. Levinger, Town Attorney, reported that Council had met in Closed Session on September 25, 1989, pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation of Kang Ming Ho vs. Los Gatos Town Council. There is no report from that discussion. Council met for Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) to discuss two Pending Litigation cases. Kang Ming Ho vs. Los Gatos Town Council. In respect to this matter the Town Council has voted to appeal the decision on the writ of mandate. Church vs. the Town of Los Gatos. There was no report from that discussion. The personnel matter listed for discussion was not discussed. BID AWARDS/LEGAL ADVERTISING/LOS GATOS WEEKLY/RESOLUTION 1989-176 Motion by Mr. Carlson, seconded by Mr. Ferrito, that Council adopt resolution 1989-176 entitled, RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN AND LOS GATOS WEEKLY NEWSPAPER FOR LEGAL ADVERTISING FROM OCTOBER 1, 1989 THROUGH SEPTEMBER 30, 1990. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Council approved informational report regarding currently scheduled public hearings. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report for Council on Planning Commission's Monthly activities. COUNCIL CALENDAR OF MEETINGS Council accepted informational review of Council meetings for months of October and November. PAYROLL RATIFICATION/SEPTEMBER 8, 1989 Motion by Mr. Ventura, seconded by Mr. Carlson, for ratification of payroll in the amount of $211,481.38 for the period of August 20, through September 2, paid on September 8, 1989. Carried unanimously. PAYROLL RATIFICATION/SEPTEMBER 22, 1989 Motion by Mr. Ventura, seconded by Mr. Carlson, for ratification of payroll in the amount of $204,059.29 and accompanying check registers for the payroll of September 3, through September 16, 1989 paid on September 22, 1989 and those payroll related checks in the amount of $109,131.83. Carried unanimously. ACCOUNTS PAYABLE RATIFICATION/SEPTEMBER 8, 1989 Motion by Mr. Ventura, seconded by Mr. Carlson, for ratification of check register in the amount of $738,880.27 for accounts payable invoices paid on September 8, 1989. Carried unanimously. COMPLETION NOTICE/PROJECT 8803/ANNUAL SIDEWALK RECONSTRUCTION Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8803, Annual Sidewalk Reconstruction. Carried unanimously. COMPLETION NOTICE/PROJECT 8802 & PROJECT 8804/ANNUAL ASPHALT CONCRETE PAVEMENT RESTORATION/BLOSSOM HILL PARK PATHWAY RECONSTRUCTION Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8802-8804, Annual Asphalt Concrete Pavement Restoration and Blossom Hill Park Pathway Reconstruction. Carried unanimously. ALBERTO WAY/CENTERLINE STRIPE Motion by Mr. Ventura, seconded by Mr. Carlson, that a centerline stripe on Alberto Way not be painted and that parking be retained on the west side of the street. Carried unanimously. SUPER CITIES WALK/MULTIPLE SCLEROSIS Council accepted informational report on Super Cities Walk for MS on April 1, 1990 which will begin at the Campbell Park, go through Vasona Park and end at Los Gatos High School. RUN FOR THE RESCUERS/ANIMAL SOCIETY OF LOS GATOS-SARATOGA Motion by Mr. Ventura, seconded by Mr. Carlson, that Council approve the Animal Society of Los Gatos-Saratoga First Annual "Run For The Rescuers" at Oak Meadow Park on November 5, 1989 subject to recommendations in report from staff. Carried unanimously. FLOOD CONTROL ZONE/ADVISORY COMMITTEE APPOINTMENT/SANTA CLARA VALLEY WATER DISTRICT Motion by Mr. Ventura, seconded by Mr. Carlson, that Council nominate Frans Lind Representative, John Givlin Alternate No. 1, and Christine Fischer Alternate No. 2 to the Central and North Central Flood Control Zone Advisory Committees. Carried unanimously. RED CURB/CAPRI AT DIVISION/RESOLUTION 1989-177/MOTOR VEHICLES DRIVEWAY & INDUSTRIAL WAY/RESOLUTION 1989-178 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1989-177 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROHIBITING PARKING ALONG THE EAST SIDE OF CAPRI AVENUE ON BOTH SIDES OF DIVISION STREET and Resolution 1989-178 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROHIBITING PARKING ALONG THE WEST SIDE OF UNIVERSITY AVENUE FOR THREE FEET ON BOTH SIDES OF THE DMV DRIVEWAY. Carried unanimously. ANNEXATION/BLACKBERRY HILL #4/RESOLUTION 1989-179 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt resolution 1989-179 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS BLACKBERRY HILL #4 TO THE TOWN OF LOS GATOS and set a Public Hearing for November 6, 1989. Carried unanimously. SB 566/OPPOSE/FEDERAL AFFORDABLE HOUSING LEGISLATION/RESOLUTION 1989-180 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1989-180 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING SENATE BILL 566 AS INTRODUCED INTO THE UNITED STATES SENATE AUTHORIZING A NEW CORPORATION TO SUPPORT STATE AND LOCAL STRATEGIES FOR ACHIEVING MORE AFFORDABLE HOUSING. Carried unanimously. TOWN ATTORNEY/COMPENSATION/RESOLUTION 1989-181 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt resolution 1989-181 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AMENDMENT TO THE LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY. Carried unanimously. TOWN MANAGER/COMPENSATION/RESOLUTION 1989-182 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1989-182 entitled RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AMENDMENT TO THE LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANGER. Carried unanimously. COMMENDATION/PARKING COMMISSION/BERT MILLEN/CHARLES DE FREITAS Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1989-183 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING BERT MILLEN and Resolution 1989-184 entitled, A RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CHARLES DE FREITAS. Carried unanimously. VERBAL COMMUNICATIONS John Spaur, 132 Nina Crt., questioned Town Policy regarding changes in format of ordinances after public hearings have been closed. Mary Jo Levinger, Town Attorney, stated that there was no requirement for a public hearing regarding the ordinance in question and that Council held the public hearings as a matter of policy. That until the ordinance was formally introduced Council could make changes without holding further public hearing. HEARINGS FOSTER ROAD 17810/POLITI, DENNIS/YOUNG, ALAN/S-89-44/APPEAL PC APPROVAL/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a Planning Commission decision to approve plans for the construction of a single-family residence in the HR-2-1/2 zone, S- 89-44. Property located at 17810 Foster Road. Property owner Dennis Politi. Appellant Alan Young. The following people from the audience addressed this issue: Alan Young, 17601 Foster Road, asked that there be no further development allowed on Foster Road until the County fixes the traffic and driveway problem that exists at Mr. Young's driveway and Foster Road intersection. There was no one else from the audience who wished to speak to this issue. Motion by Mr. Ferrito, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mr. Ferrito, seconded by Mr. Carlson, to deny the appeal and uphold the Planning Commission's decision approving Architecture and Site Application S-89-44. Mr. Ferrito did not feel that there was any evidence to show that the Planning Commission erred. Mr. Carlson expressed sympathy for Mr. Young's problem but feels this issue is clearly a County problem on which the County has failed to act. Mr. Ventura felt that denial of single family residences in the area would open the Town to further litigation possibilities. Mr. Hamilton would like to see the County solve the problem but not at the expense of the current applicant. Mr. Ferrito included these statements in the findings. Carried unanimously. BROOKE ACRES DRIVE 211/GOLDBERG, DAVID/NEWFIELD, ELISBETH/PULLEY, B.H./APPEAL PLANNING COMMISSION APPROVAL/ HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a Planning Commission decision to approve plans for the construction of a single-family residence on property in the R- 1:30,000 zone. Property located a 211 Brooke Acres Drive. Property owner Mr. and Mrs. David Goldberg. Applicant Elsbeth Newfield. Appellant B.H. Pulley. The following people from the audience wished to speak to the issue: Boyd Pulley, 150 Brooke Acres Drive, addressed the traffic issue on Kenedy Road and the additional traffic which will be generated on Brooke Acres. He also mentioned his future plans for subdivision and his need for unobstructed traffic flow. The major problem of water drainage on the property under discussion was also addressed. Elsbeth Newfield, 101 Church St., Architect for the Goldbergs, addressed the concerns that were raised regarding traffic and water drainage and felt that those problems had been taken care of. Duke Davis, 16250 Brooke Acres, spoke of the continuing drainage problem on the property being discussed and of the numerous and expensive improvements made in the area to held control the drainage. Mayor Benjamin asked that Engineering take another look at the drainage situation as it relates to this particular property. No one else from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Carlson, to deny the appeal and uphold the Planning Commission's decision approving the application to construct a single family residence at 211 Brooke Acres Drive, finding that there was no evidence presented of error made by the Planning Commission and that those issues raised have already been addressed by staff and the review process. Carried unanimously. MINUTES OF SEPTEMBER 18, 1989 Mr. Ferrito requested corrections to page 7, Minutes of August 21, 1989, second paragraph which refers to the attrition of the downtown liquor establishments and the ability to issue additional licenses when that attrition occurs. The correction to read "The policy regarding liquor licenses in the downtown area was based upon the expectation that there would be attrition of downtown liquor establishments which would then allow us to issue additional liquor licenses to new applicants." Mr. Ferrito requested correction to page 7, Minutes of September 5, 1989, that the Becton-Dickinson site be deleted and corrected to the Lark-Winchester site as an inappropriate location for hazardous materials. Mr. Ferrito requested correction of page 8, Minutes of September 5, 1989, to read as follows: "The Committee should consider whether by allowing benches we are in effect expanding the seating capacity for restaurants which could be an intensification of use." Mr. Ferrito requested correction of page 8, County Referrals, in regards to the quote by Susie Wilson. This was not a quote but a statement by Mr. Ferrito in effect that he could imagine Susie Wilson arguing that a reading of the cover page on County Referrals would be quite confusing. Mr. Carlson reaffirmed the Town Policy of the Minutes reflecting the Councilmembers' "No" votes without having to request this action at each vote, and requested that these "No" votes be reflected on page 5, Horse Drawn Vehicles, for himself, Mr. Ferrito, and Mr. Hamilton. Mr. Carlson specifically noted the following amendments: safety of the animals as evidenced by the material presented by the Humane Society; and residential concerns in opposition to the carriage operating in their neighborhood. Mr. Carlson requested correction of page 6, Greenridge Terrace, to reflect his abstention from voting due to not hearing the tapes of the previous hearing. Mr. Carlson requested correction of page 8, Commercial Specific Plan, to reflect that Mr. Ventura and he had expressed an interest in representing Council on the new Committee. Mr. Ferrito made a general comment on Council Policy regarding the minutes and the recording of "No" votes as follows: If reasons are articulated with specific analysis, the points of view and rational behind the vote should be noted. Motion by Mr. Carlson, seconded by Mr. Ferrito, to continue the minutes of September 18, 1989. Carried unanimously. TREASURER'S REPORT Treasurer's report for August 1989 was accepted by Council as submitted. SHANNON ROAD 15291/TZANAVARAS, GEORGE/S-89-6/APPEAL PC DENIAL/RESOLUTION 1989-185 Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989-185 entitled, RESOLUTION THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY REQUEST FOR APPROVAL OF PLANS FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE IN THE RC ZONE AND REMANDING THE APPLICATION TO THE PLANNING COMMISSION, (15291 Shannon Road, George and Simone Tzanavaras) which incorporates the Council findings and decision at its meeting of September 5, 1989. Carried by a vote of 4 ayes. Mr. Carlson abstained. AMICUS BRIEF/GARAT-ARLINGTON HEIGHTS V. CITY OF RIVERSIDE This item was removed from the agenda by Council at the request of the Office of the Town Attorney. COMMERCIAL SPECIFIC PLAN COMMITTEE/COUNCIL APPOINTMENTS OF COUNCILMEMBERS Motion by Mr. Ferrito, seconded by Mr. Hamilton, to appoint Councilmembers Carlson and Ventura to serve on the new Commercial Specific Plan Committee. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura abstained. INTER-CITY CONSOLIDATION COMMITTEE Informational report to Council from Mayor Benjamin addressing the Inter-City Consolidation By-Laws. PERMIT PARKING/EDELEN/RESOLUTION 1989-186 Mayor Benjamin asked if there was anyone from the audience who wished to address this issue. The following spoke: John Voss, 234 Edelen Ave., a twenty year resident, asked that daytime parking restrictions be enforced next year if for some reason the new parking lot projects are not completed. Barbara Spector, 121 Edelen Ave., asked that this district's parking needs be reviewed at the end of six months. Deborah Gabris, 381 Johnson Ave., asked for clarification of the permit parking program and was plea sed that University Ave. was to be included in the new district. Motion by Mr. Ferrito, seconded by Mr. Carlson, that Council adopt Resolution 1989-186 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROHIBITING PARKING EXCEPT BY PERMIT ON EDELEN AVENUE, MILES AVENUE, MULLEN AVENUE, BENTLEY AVENUE, UNIVERSITY AVENUE which prohibits night time parking without a permit or guest pass from 6 p.m. to 2 a.m. daily. Staff will attempt to install signs as soon as possible, and will submit a report on progress of Parking District for the April 2, 1989 Council agenda at which time the parking situation in this district will be reviewed. Carried unanimously. HORSE-DRAWN VEHICLES/ORDINANCE INTRODUCTION Mayor Benjamin stated that this was the time and place duly noted for Council to consider the introduction of an ordinance adding Article VI to Chapter 29 of the Town Code regulating horse-drawn vehicles. Larry Todd, Chief of Police, presented to the Council for consideration modifications to the ordinance as follows: Motion by Mr. Ferrito, seconded by Mr. Hamilton, to modify page 7, Section 29- 56(j) to read "No horse-drawn vehicle may carry more passengers that authorized by the Vehicle Permit as specified in sec. 29-55." Carried unanimously. Motion by Mr. Hamilton, seconded by Mayor Benjamin, to modify page 7, Section 29-56(1) to read at end of sentence"...., except for special events as approved by the Town Council." Carried unanimously. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to delete Section 29-55(x)(8), page 10, referencing driver's dress and demeanor. Carried unanimously. Motion by Mr. Hamilton, seconded by Mr. Ventura, to modify page 11, Section 29-57, second paragraph, first sentence to read as follows: "comprehensive auto and general liability insurance." and deleting, :including products and complete operation liability and personal injury liability." Mr. Ferrito suggested the sentence reads as follows, "Comprehensive Auto and General Liability Insurance policy in an amount no less than one million dollars ($1,000,000)...." providing this language is approved by the Town Attorney. Carried unanimously. Mr. Hamilton asked that his comments regarding this item appear in the record. He stated that when Ms. West had applied for her business license she had stated that the carriage would be used primarily for weddings and other events. Mr. Hamilton feels that this Ordinance addresses the other events and excludes the weddings which were originally applied for. Motion by Mr. Hamilton, seconded by Mayor Benjamin, to modify Section 29- 56(g)(3) page 7, to include,"...(12) month period, (without being cleaned or removed as provided for in #2 above), it shall be...." Carried unanimously. Motion by Mr. Hamilton, seconded by Mayor Benjamin, to modify Section 29- 56(k) to read, "No passenger may ride on the driver's bench," with the intent that an assistant to the driver could be present as footman. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ventura voted no. Mr. Ventura stating that there should be one person focusing on controlling the horses from the seat. Motion by Mr. Hamilton, seconded by Mr. Ferrito, to modify Section 29-56(m)(3) by omitting the words "for to" so that horse will be shod "at least every six weeks, or sooner if necessary." Carried by a vote of 4 ayes. Mr. Carlson voted no. Motion by Mr. Hamilton, seconded by Mayor Benjamin, to modify Section 29- 56(o) (6) by changing the words "winter months" to "cold weather". Carried unanimously. Motion by Mr. Hamilton, seconded by Mr. Ventura, to add an item to Section 29- 56(y), that being item (4) Knife of legal size or other device for freeing horse from harness. Carried unanimously. Motion by Mr. Hamilton, seconded by Mr. Ventura, to waive the reading of the Ordinance. Carried unanimously. The Town Clerk read the title of the Ordinance. Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council introduce Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VI TO CHAPTER 29 OF THE LOS GATOS TOWN CODE RELATING TO REGULATION OF HORSE-DRAWN VEHICLES. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ferrito voted no. Mr. Carlson stating that he believes the Humane Society's recommendations were compelling; opposition from residents in the neighborhood which is proposed for the horse-drawn carriages has not been adequately heard; and consideration of the impact of the Ordinance on Ms. West's business licence as well as not having completely heard from all those who have concerns about the Ordinance. Mr. Ferrito agreed with the first two reasons of Mr. Carlson's and added that he did not think that the wastes from the horses should be allowed to stand for any period of time, let alone 60 minutes. HEARING HORSE-DRAWN VEHICLES/FEE ESTABLISHMENT/RESOLUTION 1989-187 HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider establishing fees for licensing of horse-drawn vehicles and operators. The following people spoke from the audience on this issue: Lorraine West, 18 Oak Hill Way, asked for the specific information required by the Chief of Police at the time of applying with a non-refundable application fee as mentioned in Section 29-52(a)(4) and (b). Mayor Benjamin said that Ms. West's individual specifics could be obtained from the Chief of Police. John Spaur, 132 Nina Crt., asked for clarification of the fees. Mayor Benjamin explained that there are three fees the first year totaling, $80, and two fees subsequent years totaling $40. There was no one else from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried unanimously. Motion by mr. Ventura, seconded by Mr. Hamilton, that Council adopt Resolution 1989-187 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING A SCHEDULE OF FEES FOR THE INSPECTION AND LICENSING OF ANIMAL-DRAWN VEHICLES FOR HIRE, THE ANIMAL, OPERATORS AND DRIVERS. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ferrito voted no. Mr. Carlson wishing to remain consistent with original vote on the Ordinance, and Mr. Ferrito believing the fees might be different if the Ordinance were different. Motion by Mr. Carlson, to allow Ms. West to continue this year with her present license and operate from her home for weddings and any other event which is booked through her home, when the payment and booking is made through her home. Mr. Ferrito opposed this motion for the following reasons: it is a potential litigation item which should not be discussed in open session; the Ordinance will go into effect 30 days after it is adopted and it has only been introduced tonight; the home occupation permit may still be used provided Ms. West obtains the additional permit; the home occupation expires at the end of the year anyway; Ma. West has other alternatives, one of which is to apply for the permit. Mr. Carlson withdrew his motion and asked that this item be agendized for closed session October 16, 1989. COUNCIL RECESS Mayor Benjamin declared a short recess at 10:15 p.m. The meeting was called back to order at 10:30 p.m. TRAFFIC POLICY/TOWN-WIDE Council considered the report on the Planning Commission's recommendations regarding the Town Wide Traffic-Policy and made the following consensus motions to be used in preparing an amended traffic policy: Motion by Mr. Carlson, seconded by Mr. Ventura, that the policy reflect a capacity concept, allocating a set of trips to multi-unit development at the time it's approved, (residential, commercial or office), which can then be used by that development in any way it sees fit. Carried unanimously. Motion by Mr. Carlson, to remove any reference to traffic impact fees from the policy. Failed for lack of a second. Motion by Mr. Carlson, seconded by Mr. Ferrito, that until highway 85 is complete, vacant land should be allowed only its minimum zoning development capacity. Carried by a vote of 4 ayes. Mr. Hamilton voted no. Motion by Mr. Carlson, seconded by Mr. Ventura, that overriding considerations are too vague and that specific sections from the General Plan should be sited as applicable and the list narrowed. Carried unanimously. Mr. Ferrito stated at this time that the policy might consider whether a project is beneficial to the community by using certain criteria, such as the social benefit of a project filling a recognized, pressing need not fulfilled elsewhere in Town; a community benefit in that the project is for the public at large, without cost to the Town and not for profit; and it is a substantial benefit for a significantly large number of beneficiaries, particularly Town residents. Motion by Mr. Carlson, seconded by Mr. Hamilton, that the calculation of traffic trips should include an analysis of new trips and linked trips which should not be viewed as a liberalization of policy but additional information for study and analysis. Carried by a vote of 4 ayes. Mr. Ventura voted no. Mr. Robert Hudson, 15111 Karl Ave. Monte Sereno, President of the Jewish Community Center, addressed the issue of overriding considerations and hoped a decision could be made before long on the traffic policy. He feels his project is caught between the existing policy and the anticipation of a new policy. ROUTE 85/TRAFFIC AUTHORITY STRATEGIC PLAN/MEASURE "A" PROGRAM A report from Will Kempton, Traffic Authority Executive Director, regarding Route 85 Strategic Plan Revisions and update. Will Kempton, with Santa Clara County Traffic Authority, gave report on revisions and updates of the Route 85 corridor acquisition, construction and funding of projects. Mr. Kempton will supply additional information regarding transit connections between Route 85 and the Vasona Corridor towards IBM. After explaining the CalTrans established regulation of 10 foot shoulders and the expense of this additional requirement, Town offered to pursue the modification of that requirement through dialogue with State legislators. Mr. Kempton will also provide criteria regarding contingency plan mitigations for Route 85 that was sent to MTC. Motion by Mr. Carlson, seconded by Mr. Ventura, to send letter from Mayor to Traffic Authority addressing Strategic Plan lump sum funding sufficient to cover full Bascom and 1/2 Winchester without indicating a final solution and to include all other issues within staff report. Carried unanimously. ROUTE 85/RIPARIAN MITIGATION PLAN Motion by Mr. Carlson, and withdrawn, to approve the recommended action. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this item to October 16, 1989, inorder to review any potential land north of freeway as additional riparian habitat. Carried unanimously. SECONDARY DWELLING UNITS/ZONING ORDINANCE/CHAPTER 3.97 Motion by Mr. Ferrito, seconded by Mr. Ventura, that Council adopt Alternative #1 which refers the following to the Planning Commission for consideration and asks for a report back to Council: a.)Amendment of the General Plan to delete references to new secondary units. b.)Development of findings to support the Town's prohibition of new secondary units as required by section 65852.1(c) of the Government Code. c)Repealing Chapter 3.97 of the Zoning Ordinance. Carried by a vote of 3 ayes. Mr. Carlson and Mr. Hamilton voted no. Mr. Carlson stated for the record that he believes the secondary unit program has been the most successful program in respect to fulfilling the General Plan Goals as they relate to lower rent housing and to providing adequate rental units in Town. The restrictions we are putting in the General Plan, as evidenced by the staff report, are extreme. The present program allows a reasonable amount of new secondary units, certainly more than we're getting from any other program including BMP. Any objections to new secondary units have to also apply to BMP which is being funded by another (referring to traffic impact fee) useless fee. If we delete references to new secondary units we also delete all references to our housing goals for rental housing and for housing for less than average income people. Mr. Ferrito comments that BMP units are not secondary housing. Mr. Hamilton stated that the secondary unit is probably the only affordable housing in Town at this time. Mr. Ventura pointed out that the R-1D Zone does allow for additional units. PAST MIDNIGHT Motion by Mr. Hamilton, seconded by Mr. Carlson, to continue the meeting past midnight. Carried unanimously. WRITTEN PROMISE TO APPEAR/TOWN CODE SECTION 1-9/ORDINANCE INTRODUCTION Motion by Mr. Ventura, seconded by Mr. Ferrito, to waive the reading of the Ordinance. Carried unanimously. The Town Clerk read the title of the Ordinance. Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council introduce Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1 OF THE TOWN CODE BY AMENDING SECTION 1-9 RELATING TO WRITTEN PROMISE TO APPEAR, which allows an officer to bring an arrested person immediately before a magistrate if the arrested person refuses to give his written promise to appeal Carried unanimously. JOHN STEINBECK HOUSE/NATIONAL REGISTER OF HISTORIC PLACES/RESOLUTION 1989-188 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1989-188 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RECOMMENDING APPROVAL OF THE NOMINATION OF THE JOHN STEINBECK HOUSE ON GREENWOOD LANE TO THE NATIONAL REGISTER OF HISTORIC PLACES. Carried unanimously. Mr. Ferrito stated for the record that he had received a mysterious package, which arrived in the Council's packets, containing pencils, pens, liquid paper and lead refills. He would like to know were this came from. (Other Councilmembers also noted they had received same.) Mr. Ferrito notes that he is returning all of these items since he does not take what he assumes to be Town property. Town Attorney received package from Mr. Ferrito. ADJOURNMENT Mayor Benjamin declared the meeting adjourned at 12:15 p.m., October 3, 1989. ATTEST Marian V. Cosgrove Town Clerk