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M 11-20-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 20, 1989 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 7:45 p.m., Monday, November 20, 1989, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. YOUTH ADVISORY COMMISSION/APPOINTMENTS/ANADA SABOLD/KRISTEN SWAN Applications were received from Anada Sabold, Kristen Swan, Priya Satia, Julie Maxon, Timothy Kelley and Grant Gartman who had previously applied for positions on the Parks Commission. Voting was held and Anada Sabold and Kristen Swan were appointed to fill the positions. Terms to expire June 30, 1990. APPOINTMENTS/MAYOR: THOMAS FERRITO/VICE-MAYOR: BRENT VENTURA Motion by Mr. Carlson, seconded by Mr. Ventura, that Council appoint Thomas J. Ferrito as Mayor of the Town of Los Gatos for term November 20, 1989 through November 19, 1990. Carried by a vote of 4 ayes. Mr. Ferrito abstained. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council appoint Brent N. Ventura as Vice-Mayor of the Town of Los Gatos for term November 20, 1989 through November 19, 1990. Carried by a vote of 4 ayes. Mr. Ventura abstained. ARTS COMMISSION/PRESENTATION/PAUL GORENIUC Mayor Ferrito presented commendation for service to the Town of Los Gatos while serving on the Arts Commission to Paul Goreniuc. PRESENTATIONS: SANTA CLARA COUNTY BAR ASSOCIATION SANTA CLARA COUNTY TRIAL LAWYERS ASSOCIATION PROBONO PROJECT OF SANTA CLARA COUNTY WEST VALLEY BAR ASSOCIATION Mayor Ferrito presented commendations for service to the Town of Los Gatos and its citizens during State of Emergency due to the Earthquake of October 17, 1989 to the following representatives of local lawyers associations. James E. Towery, President of the Santa Clara Bar County Bar Association Mark Pierce, President of the Santa Clara County Trial Lawyers Association John Hedges, President of the ProBono Project of Santa Clara County Leroy Neider, President of the West Valley Bar Association PRESENTATIONS CONTINUED: EARTHQUAKE EMERGENCY ASSISTANCE COMMENDATIONS/RESOLUTIONS 1989-214 TO 1989-220 CENTRAL FIRE DISTRICT, RESOLUTION 1989-214 LOS GATOS CHAMBER OF COMMERCE, RESOLUTION 1989-215 LOS GATOS DOWNTOWN ASSOCIATION, RESOLUTION 1989-216 LOS GATOS POLICE RESERVES, RESOLUTION 1989-217 LOS GATOS EXPLORER POST 504, RESOLUTION 218 LOS GATOS-MONTE SERENO AMATEUR RADIO EMERGENCY SERVICE (ARES) RESOLUTION 1989-219 RADIO AMATEUR CIVIL EMERGENCY SERVICES (RACES), RESOLUTION 1989-219 DISASTER AID RESPONSE TEAM (DART), RESOLUTION 1989-220 Mayor Ferrito presented commendations for service to the Town of Los Gatos and its citizens during State of Emergency due to the Earthquake of October 17, 1989. Douglas Sporleder, Chief of Central Fire District Steve Friedman, President of the Los Gatos Chamber of Commerce Joe Hargett, President of the Los Gatos Downtown Association Chuck Adams, President of the Los Gatos Police Reserves Andrew Dauber, President of the Los Gatos Police Explorer Post 504 Jim Atwood, Representative of Los Gatos-Monte Sereno Amateur Radio Emergency Service and Radio Amateur Civil Emergency Service Joe Perzinski, President of the Disaster Aid Response Team Motion by Mrs. Benjamin, seconded by Mr Carlson, that Council adopt Resolutions 1989- 214, 1989-215, 1989-216, 1989-217, 1989-218, 1989-219, 1989-220 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING..... CENTRAL FIRE DEPARTMENT LOS GATOS CHAMBER OF COMMERCE LOS GATOS DOWNTOWN ASSOCIATION LOS GATOS POLICE RESERVES LOS GATOS POLICE EXPLORER POST 504 LOS GATOS-MONTE SERENO AMATEUR RADIO EMERGENCY SERVICE RADIO AMATEUR CIVIL EMERGENCY SERVICES DISASTER AID RESPONSE TEAM .....FOR SERVICE TO THE CITIZENS OF THE TOWN OF LOS GATOS DURING EARTHQUAKE EMERGENCY. Carried unanimously. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session after the last Council meeting on November 6, 1989 pursuant to Government Code Section 54956.9(c) to discuss continuing discussion of Pending Litigation regarding Institution of Litigation on damaged buildings. There is no report from that discussion. Prior to this evenings meeting Council met in Closed Session pursuant to Government Code Section 54956.9(a) to discuss Kang Ming Ho vs. Los Gatos Town Council. There is no report from that discussion. CLOSED SESSION CONTINUED Pursuant to Government Code Section 54956.9(b) Council met to discuss Significant Exposure to Litigation with regard to the two items discussed there was first a finding of significant exposure to litigation and then a discussion of the item. Concerning the Claim re: Mobilhome Rent Control there is no report on that discussion. There is an item on this evenings Council agenda concerning the adoption of the ordinance to provide vacancy decontrol of mobilhome parks. The Claim re: Damaged Buildings was discussed and there is no report from that discussion. Pursuant to Government Code Section 54956.9(c) Council discussed Institution of Litigation re: Damaged Buildings and there is no report from that discussion. Council also discussed Institution of Litigation re: Library Site Acquisition and there is no report from that discussion. SCHEDULE OF PUBLIC HEARINGS Council accepted informational report regarding currently scheduled public hearings. COUNTY REFERRALS Council accepted informational report regarding previous referrals and appeals on the following properties: Projects Outside Urban Service Area 3136-24-47-87B Black Road Spears Time Extension No Comment 2036-35-49-83CC-85LA-89LA 14531 Arnerich Road Behroozi Lot Line Adjust.No Comment 4213-25-47-89LA Black Road Argonaut Eng.Lot Line Adjust.No Comment Projects Inside Urban Service Area 141-34-51-78B-87G-87B-87DR Diduca Way Tavakolinori Design Review Grading Approval/4 Con. 3912-31-49-89DR 15785 Blackberry Hill Tomkiewicz Design Review See Report 3941-28-42-89LM-89V 17760 Navajo Trail Evans Variance See Report 4153-23-48-89V 20471 Black Road Evans Variance See Report PAYROLL/RATIFICATION/NOVEMBER 3, 1989 Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of payroll in the amount of $233,838.27 and accompanying check registers in the amount of $4,062.87 for the period of October 15 through October 28, and paid on November 3, 1989. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 10, 1989 Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of check register in the amount of $264,812.64 for accounts payable invoices paid on November 10, 1989. Carried unanimously. SIGNAL/AUDIO PEDESTRIAN/LOS GATOS BLVD/VAN METER SCHOOL Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the installation of an audio pedestrian signal on Los Gatos Boulevard at the Van Meter School. Carried unanimously. SOUTH SANTA CRUZ AVE 22/CRIDER/NOTICE OF COMPLETION Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council authorize the Mayor to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for 22 South Santa Cruz Avenue. Carried unanimously. PARKING/DOWNTOWN DISTRICT/LOTS #4 AND #9/NOTICE OF BID OPENING Informational report to Council advising plans and specifications for Lots #4 and #9 of the Downtown Parking District are available for contractors as of November 17, 1989 and bids will be opened on December 20, 1989 at 3:00 p.m. FORRESTER RD 204/REVOCABLE ENCROACHMENT/SINGH/RESOLUTION 1989-221 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 221 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING FENCE IN PUBLIC RIGHT-OF-WAY ALONG 204 FORRESTER ROAD . Carried unanimously. EMERGENCY LOCAL/EXTENSION OF/RESOLUTION 1989-222 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 222 entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY, approving the extension of emergency in the Town of Los Gatos. Carried unanimously. HOUSING CONSERVATION PROGRAM/REVISED GUIDELINES/RESOLUTION 1989-223 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 223 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE HOUSING CONSERVATION PROGRAM GUIDELINES, amending original guidelines adopted June 1, 1981. Carried unanimously. BOONE LANE/PARKING DISTRICT/CILKER SMITH/GRANT DEED/RESOLUTION 1989-224 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 224 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE TOWN AND HAZEL CILKER SMITH AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT, and authorizing acceptance of grant deed by the Town Engineer and recordation by the Town Clerk. Carried by a vote of 3 ayes. Mr. Hamilton and Mayor Ferrito abstained due to possible conflict of interest. NEW YORK AVE/INTENT TO VACATE/MARIA'S BERRY FARM/RESOLUTION 1989-225 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 225 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY CALLED NEW YORK AVENUE (FROM THE STATE RIGHT-OF-WAY FENCE TO 230 FEET SOUTHEASTERLY), for the purpose of siting the buildings of Maria's Berry farm for Public Use, and set a Public Hearing for December 18, 1989. Carried unanimously. UNION AVE 15537/DOWNING SHOPPING CENTER/EXPANSION/RESOLUTION 1989-226 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 226 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION GRANTING APPROVAL OF PLANS TO EXPAND AN EXISTING SHOPPING CENTER TO ADD ADDITIONAL STORES, RELOCATION EXISTING RESTAURANT AND TO CONSTRUCT ADDITIONAL PARKING ON PROPERTY IN THE C-1 ZONE AND MODIFYING THE APPROVAL. (15537 UNION AVENUE - DOWNING SHOPPING CENTER). Carried by a vote of 4 ayes. Mr. Carlson abstained due to previous absence. NICHOLSON AVENUE 315/MUHLHAUSER/RESOLUTION 1989-227 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 227 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF THE PLANNING COMMISSION APPROVAL TO CONSTRUCT A SECOND-STORY ADDITION TO AN EXISTING RESIDENCE IN THE R-1D-LHP ZONE, (315 NICHOLSON AVENUE - NICHOLAS MUHLHAUSER). Carried by a vote of 4 ayes. Mr. Carlson abstained due to previous absence. PLAZA LA POSADA 241/MC MACKIN/RESOLUTION 1989-228 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989- 228 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION THE APPEAL OF A DECISION OF THE PLANNING COMMISSION GRANTING APPROVAL OF PLANS TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE IN THE R-1:10,000 ZONE, (241 PLAZA LA POSADA - RONALD HAAS/E.J. GEORGE). Carried by a vote of 4 ayes. Mr. Carlson abstained due to previous absence. HORSE-DRAWN VEHICLES/TOWN CODE/CHAPTER 29/ARTICLE VI/ORDINANCE 1802 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Ordinance 1802 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 Mayor Ferrito voted no, as so stated in previous record. MOBILE HOME PARKS/DEREGULATION OF RENT INCREASES ORDINANCE 1803/RESOLUTION 1989-210 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Ordinance 1803 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE RENT MEDIATION AND DISPUTE ORDINANCE TO DEREGULATE RENT INCREASES ON MOBILE HOME PARK VACANCIES, which was introduced at the Town council meeting of November 6, 1989, and that Council adopt Resolution 1989-210 entitled, RESOLUTION AMENDING THE LOS GATOS RENTAL MEDIATION REGULATIONS TO DEREGULATE RENT INCREASES ON MOBILE HOME PARK VACANCIES. Carried by a vote of 4 ayes. Mr. Carlson abstained due to previous absence. VERBAL COMMUNICATIONS Frank Brandes, Councilmember from the City of Pleasanton, brought a donation of $10,000 to the Town of Los Gatos from the citizens of his community for earthquake relief during this time of local emergency. Mayor Ferrito thanked the Councilmember and City of Pleasanton for their thoughtfulness and acknowledged the City of Signal Hill who contributed $2,500 and the City of Santa Fee Springs who had given $7,000. HEARINGS EAST MAIN STREET 27/ILHAM ARIF/BEER-WINE LICENSE REQUEST/HAI-THAI/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in denying a request to serve beer and wine as part of an existing restaurant operation in the C-2-LHP zone. Property located at 27 E. Main Street. Property Owner, Cal-Irish. Applicant, Ilham and Mina Arif. No one from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this item to February 20, 1990, to allow additional time to develop a report addressing the Council's questions and concerns in allowing the approval of serving alcoholic beverages as part of a restaurant operation. Carried unanimously. GREENRIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER/ GROUND WATER/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision concerning ground water as the possible cause for tree damage on their property. No one from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this hearing to December 4, 1989 in order for the California Regional Water Quality Control Board to re- investigate the concerns raised by Duane and Susan Fish to determine if sewage is the cause of the death of trees on their property. Carried unanimously. RECYCLING/CURBSIDE/UNLIMITED SERVICE/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider solid waste collection services and curbside recycling including unlimited collection and adoption of resolution authorizing the Town Manager to enter into an agreement with Green Valley Disposal for implementation of curbside recycling program. No one from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this item to December 4, 1989 to consider solid waste collection services and curbside recycling, including unlimited collection and adoption of the resolution authorizing the Town Manager to enter into an Agreement with Green Valley Disposal for implementation of the curbside recycling program. Carried unanimously. OKA ROAD 14855/JEWISH COMMUNITY CENTER/REQUEST EXPANSION/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider development project prohibited by current Traffic Policy. Applicant contends traffic study is flawed and overriding considerations of community benefit can be found. Property, 14855 Oka Road. (Jewish Community Center.) No one from the audience wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this item to January 15, 1990, as requested by the appellant. Carried unanimously. ZONING ORDINANCE 1778 EXTENSION/URGENCY INTERIM/ORDINANCE 1804/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider extension of Urgency Ordinance 1778, a temporary prohibition for certain types of improvements to nonresidential property in the Downtown Specific Plan area that were formerly nonconforming as to parking located west of State Route 17 between Saratoga Avenue and Blossom Hill Road. No one 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. Carlson, seconded by Mr. Ventura, that Council make the following findings: a. There is a current and immediate threat to the public health, safety and particularly welfare; b. The approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a Zoning Ordinance would result in a threat to public health, safety and particularly welfare; c. Inclusion of the findings as delineated in Section I of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Ferrito voted no as so stated in previous record. Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading. Carried unanimously. The Town Clerk read the title of the Ordinance. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce and adopt Ordinance 1804 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING ORDINANCE 1778 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE DOWN TOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE AND BLOSSOM HILL ROAD, which extends Ordinance 1778 to November 28, 1990. Carried by a vote of 4 ayes. Mr. Ferrito voted no. NORTH SANTA CRUZ 664/FOUNTAIN COURT/HEINDEL/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in denying a request for approval of plans to demolish an existing motel and to construct eight residential condominium units on property in the LM zone, U-89-1 and S-89-10. Property located at 664 N. Santa Cruz Avenue ( Fountain Court). Property Owners, John and Nola Heindel, Anne Bajace. Applicant, Andre Roos. NORTH SANTA CRUZ CONTINUED Councilmembers Benjamin, Carlson, Hamilton, and Ventura stated that they had discussed this project with the appellants and had visited the proposed site. The following people from the audience wished to address this issue: John Lien, 196 College Ave., Architect for the proposed project, spoke in favor of this project and pointed out the services available to a residential development at this site. Ray Bortolussi, 17690 Bruce Ave., has lived in Los Gatos forty some years, and has owned a business at 664 N. Santa Cruz Ave location for the last eighteen years. Believes the area should remain light manufacturing with commercial as zoned eight years ago. Merlin DeLegget, Broker, representing the sellers of the property, spoke in favor of the project, and addressed the value of this property. Rick Miller, 666 N. Santa Cruz, BP Station Owner, is concerned about the possibility of expensive homes expanding into the LM Zone. There was no one else from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, to deny the appeal. Mrs. Benjamin feels that the project is well designed but that the General Plan should be upheld. Is in favor of all zones being represented in Town to serve the residents, and feels that these zones should not be encroached upon, and this project forms a residential island which is not compatible with the surrounding light manufacturing zone. Mr. Ventura is in favor of supporting the General Plan concept of a varied zone within the Town which will be able to offer resident serving businesses. Mr. Carlson supports the denial and does not feel that the Council has made a decision on the mixed use issue at this time. He also states that the Planning Commission should establish policies regarding mixed use and zoning. Mr. Hamilton does not support this motion but feels that the PC should have expressed its opinion regarding mixed use earlier in the procedure. Mr. Ferrito states that the LM zone was adopted to designate an area of Town where we would actively encourage the siting of residential serving businesses. He also states that the Planning Commission should have addressed the issue of whether this parcel should have been used for commercial, light manufacturing or residential. The Planning Commission should have more adequately determined the direction they were heading on this proposal. It does not seem appropriate to send this matter back to PC. Carried by a vote of 4 ayes. Mr. Hamilton voted no. WOODLAND 484/MC NELLY/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission action denying a request to relocate an interior property line on the property in the RMH zone. Property, 484 Woodland. Owner, Malcolm McNelly. There was no one from the audience who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Hamilton, to deny the appeal in light of the letter received by Council from Joseph M. Gughemetti, attorney for the property owner, J. McNelly, requesting that the appeal on this matter be dropped. Carried unanimously. OAK KNOLL COURT 15744/STRAB & DU VON/APPEAL PC DENIAL/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in denying a request to modify the development standards of an existing planned development to permit changes to required yards (building setbacks) on property in the HR-1:PD zone, Z-81-6B. Property located at 15744 Oak Knoll Court. Property Owner, Georg Strab and Gabor Du Von. Applicant, Gabor Du Von. Mr. Ventura stated that he would abstain on this issue due to the fact that an engineer associated with this project is a client of his. The following people wished to address this issue: Gabor Du Von, 4 Buckeye Lane, Danville, spoke in favor of this project and explained his position. Michael Tote, contractor for the project, explained the position of the architect and contractors in the continuation of construction on site during confusion over required setbacks. Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura abstained. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to uphold the Planning Commission's decision to approve the amendment to Ordinance 1551 to reflect approved setbacks and deny applicant's request. Carried by a vote of 4 ayes. Mr. Ventura abstained. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to find the zone change is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. Ventura abstained. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to waive the reading. Carried by a vote of 4 ayes. Mr. Ventura abstained. The Town Clerk read the title of the Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1551 WHICH EFFECTED ZONE CHANGE NO. 60 FROM HR-1 TO HR-1 PD. Carried by a vote of 4 ayes. Mr. Ventura abstained. MINUTES OF NOVEMBER 6, 1989 Motion by consensus, to continue this item to December 4, 1989. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Council accepted informational report on status of referrals to Town Attorney for code enforcement. HILOW ROAD PATHWAY/PROJECT 8901 Motion by Mr. Hamilton, seconded by Mr. Carlson, to construct asphalt pathway between the eucalyptus trees and fences on the property line as shown in Alternate A. Mr. Ventura mentioned that he does not support removing the trees. Carried by a vote of 4 ayes. Mr. Ferrito voted no stating that more should be done to ensure safety on this road and what is being done is insufficient. ROUTE 85/RIPARIAN MITIGATION PLAN Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to continue this item to the meeting of December 4, 1989. Carried unanimously. HISTORIC BUILDING RESTORATION/EARTHQUAKE DAMAGE/CONSULTANT BLOOMFIELD Motion by Mr. Carlson, seconded by Mr. Hamilton, to authorize the Town Manager to sign the attached agreement (Exhibit 1) for consultant services relating to the restoration of historic buildings damaged by the earthquake. Carried unanimously. REDEVELOPMENT AGENCY/TOWN COUNCIL/TOWN OF LOS GATOS/ORDINANCE Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading. Carried unanimously. The Town Clerk read the title of the Ordinance. Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council introduce Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING THE NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE TOWN OF LOS GATOS AND DECLARING THE TOWN COUNCIL TO BE THE REDEVELOPMENT AGENCY FOR THE TOWN OF LOS GATOS. Carried unanimously. SHORT ROAD/BLOSSOM HILL ROAD/HICKS ROAD/SHANNON ROAD/PROHIBITION OF IMPROVEMENTS/URGENCY ZONING ORDINANCE Mr. Ventura requested additional time for Council to review the consultant's report, and that Council be given an opportunity to make comments and changes to that report, and hold a hearing, so that Planning Commission will know Council's view on the matter. Motion by consensus, to have staff set this matter for the agenda of December 4, 1989 for a 45 day Urgency Ordinance enactment. Carried unanimously. ADJOURNMENT Mary Jo Levinger, Town Attorney, announced adjournment to November 27, 1989, Monday at 7:30 p.m. Motion by Mr. Carlson, seconded by Mr. Hamilton, at 10:15 p.m. to adjourn as previously announced. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM112089