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M 05-07-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 7, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 100 East Main Street, at 7:37 p.m., Monday, May 7, 1990, 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. ANNOUNCEMENT Mayor Ferrito announced the wedding of Vice-Mayor Brent Ventura to Sandy Ventura this last week while they were in Hawaii. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. POLICE VEHICLE/BID AWARD Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council continue the consideration of the purchase of one police vehicle to June 18, 1990, after the budget hearings have been held. Carried unanimously. 8904B PROJECT/SIDEWALK RECONSTRUCTION/EARTHQUAKE REPAIRS/FEMA/CONTRACT Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council award contract for sidewalk reconstruction under FEMA funds for earthquake repair, to B&B Concrete in the total estimated amount of $290,640 and authorize the Town Manager to sign the contract on behalf of the Town and to proceed with Phase I providing the amount of $39,910 is not from TC:D1:MM050790 the General Fund. Carried unanimously. Mr. Ventura requested a report from staff to Council explaining the criteria used for determining areas slated for repair throughout Town and the list of areas so determined by FEMA. CHLOROFLUOROCARBONS/POLYSTYRENE/REGULATED Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council communicate with both County and Cities Organization requesting a model ordinance regarding chlorofluorocarbon and polystyrene regulations within their jurisdiction and to continue this item to June 18, 1990. Carried unanimously. CERRO VISTA COURT 15955/PEDESTRIAN-EQUESTRIAN TRAIL Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council agree to an arrangement wherein the owners of the subject property would be granted a revocable encroachment permit with no fee for the construction of a fence with gate which will block the pedestrian-equestrian trail through their property until such time as the trail will be completed. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council will collect in-lieu fees for pedestrian-equestrian trail fees at the time the Town accepts the trail easement so as to be able to build the trail at one time when all the property is improved and the trail will be able to link together. These funds will be in a separate account. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR Informational report of Council's calendar for May and June 1990. PAYROLL/RATIFICATION/APRIL 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of the accompanying check registers for payroll in the amount of $226,834.80 paid April 20, 1990. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/APRIL 1990 Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of accounts payable invoices and accompanying check registers for accounts payable invoices in the amount of $291,481.05 paid on April 16, 20 and 27, 1990. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT Informational report regarding status of pending Planning Department applications and TC:D1:MM050790 projects was received and filed. REJECTION OF CLAIM/VIRGINIA HURT Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council reject the claim of Virginia Hurt filed with the Town Clerk on April 21, 1990. Carried unanimously. PERMIT PARKING/EDELEN/MULLEN/MILES/BENTLEY/UNIVERSITY Information report regarding the status of the new preferential parking district was received and filed. OPEN GARAGE DOOR ORDINANCE Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council not institute an ordinance to regulate the duration that a garage door may remain open. Carried unanimously. 8915 PROJECT/UNIVERSITY AVE/POLE REMOVAL/COMPLETION NOTICE Motion by Mrs. Benjamin, 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 8915 - University Avenue Pole Removal. Carried unanimously. STRAWBERRY FESTIVAL/EASTFIELD-MING QUONG/BANNER DISPLAY Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve the display of a banner in the Town Plaza from May 14 to June 4, 1990 for the upcoming Strawberry Festival. Carried unanimously. NEW YORK AVE/PARCEL MAP/RESOLUTION 1990-88 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council allocate $1,501.00 to affect the transfer of title of San Jose Water Company Lot No. 106 (A.P.N. 529-27-002) to the Town. Also, that Council adopt Resolution 1990-88 entitled, RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE PARCEL MAP THAT MERGES LOTS AT THE END OF NEW YORK AVENUE, for the structures that will be moved from Maria's Berry Farm. Carried unanimously. OFFICE OF PROCUREMENT/DEPARTMENT OF GENERAL SERVICES/CALIFORNIA PURCHASING AGREEMENT/RESOLUTION 1990-89 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 89 entitled, RESOLUTION AUTHORIZING A COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND OFFICE OF PROCUREMENT, DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA. Carried unanimously. JOHNSON AVE 205/DAVE FLICK/PHIL BRANON/RECONSTRUCTION TC:D1:MM050790 RESOLUTION 1990-90 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION GRANTING APPROVAL OF PLANS TO CONSTRUCT A SINGLE-FAMILY RESIDENCE, TO DEMOLISH AND CONSTRUCT A NEW SECONDARY DWELLING UNIT, AND TO DEMOLISH AND CONSTRUCT A NEW GARAGE AND MODIFYING SAID APPROVAL (205 JOHNSON AVENUE - PHIL BRANON AND DAVE FLICK, which incorporates the findings and decision of the Town Council at its meeting of April 17, 1990. Carried unanimously. EXCAVATIONS IN NEW PAVEMENT/TOWN CODE SEC 26-24.5/ORDINANCE 1820 Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1820 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF CHAPTER 6 RELATING TO EXCAVATIONS IN NEW PAVEMENT , which was introduced at the Town Council meeting of April 16, 1990. Carried by a vote of 3 ayes. Mr. Hamilton voted no as in previous record. Mr. Ferrito abstained due to not hearing the tapes. VERBAL COMMUNICATIONS Dr. Philip Shanker, has lived in Los Gatos seven years, now living in San Jose, will be moving to Cerra Vista Court shortly. Requests occupancy permits prior to the Cerra Vista Subdivision improvements since they are almost complete, the health and safety issues have been resolved, the bulk of the aesthetic requirements have been met, the individual holders of property in this subdivision have no bargaining power with the developer, the Town could call the performance bond if project is incomplete. Mayor Ferrito suggests that these comments be submitted to staff in writing so that the issue can be agendized with a report for May 21, 1990. VERBAL COMMUNICATIONS Bill Quigley, 103 Belridge Drive, addressed a problem with fencing, weeds and equestrian trail on property across from his. He asked for answers to questions regarding the issuance of fence permit and the maintenance of the trail. Mayor Ferrito accepted the letter and pictures and requested a report from staff. HEARINGS ALCOHOLIC BEVERAGES FOR SERVICE WITH MEALS/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider modification to Town policy permitting the sale of beer and wine with meals in the C-2 Zone. TC:D1:MM050790 The following people from the audience wished to address this issue: Preston Hill, 196 West Main St., representing the Tams, owners of the Jasmine restaurant, presented a petition of forty pages with many local resident's signatures. The Tam's have need of an alcohol service licence in order to remain economically competitive. Linda Lubeck, 47 Fillmer Ave., representing the Board of the Chamber of Commerce, agrees with the staff report and feels that the conditional use permit process allows enough latitude and the policy should be changed. Joe Hargett, 95 Church St., President of the Los Gatos Downtown Association, urges Council to accept staff's recommendations. There was no one else who wished to address this issue in the audience. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to modify the Town's policy for restaurants in the C-2 Zone to allow the sale of beer and wine with meals subject to all conditions of the use permit on a case by case basis commencing at 11 a.m. and concluding at 11 p.m. The following comments were made regarding this motion: Mr. Carlson; feels that the Town has been unfairly regulating certain businesses due to the timing of their use permit; image of Los Gatos in the valley needs to be changed in order to help increase the sales tax revenues; the problem of excessive alcohol consumption, in the downtown area of twelve years ago, no longer exists. Mr. Hamilton; the past actions of regulation have been Council practice but not documented policy; the permitted licenses and the restrictions on service of beer and wine should be evenly applied for the conforming restaurants; peoples attitudes have changed regarding the use of alcohol. Mr. Ventura; reaffirms for the record that the intent of the motion was that beer and wine will only be served with meals; there can not be a separate bar; an alcoholic beverage may not be purchased independently from the meal; and there will be no sale of alcohol for consumption off the premises. Can support service of beer and wine with dinner but feels the motion is over broad, allowing businesses that cater to young people to serve alcoholic beverages, and the possibility of services with very little food purchase, and cannot support motion for that reason. HEARINGS CONTINUED ALCOHOLIC BEVERAGES CONTINUED Mayor Ferrito; there must be a limit or ceiling placed on the number of beer and wine licenses issued; the business community has benefited from Council's policies; if TC:D1:MM050790 perception is the issue, serving more alcohol is not the solution; increase in sales tax would be consumed by the increase in police services; the atmosphere of the downtown has changed due to Council's caution, and the change in policy under consideration will permit the past environment to resurface. Cannot support motion for these reasons. Mrs. Benjamin; young people obtain alcohol from liquor stores when those of age purchase it for them or from their own homes, and it is illegal to serve alcohol to minors in a restaurant and therefore the emphasis will be on food. Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito voted no for the reasons stated. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council direct the Planning Commission to consider an amendment to the Zoning Ordinance to regulate establishments with entertainment and that the previous motion will not go into effect for places offering entertainment until this Ordinance is in place. Carried unanimously. RATES FOR WASTE COLLECTION SERVICES/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider residential solid waste collection rates including garbage, curbside recycling, yard waste and hazardous waste, and commercial recycling. There was no one to speak to the issue. Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council continue this item for public hearing to June 4, 1990 at which time there will be a comprehensive Solid Waste Management Program presented for the Council's consideration. Included in a base rate will be costs for the following three items: 1) refuse collection; 2) curbside recycling; and, 3) yard waste collection. Carried unanimously. ZONING ORDINANCE/GENERAL PLAN/AMENDMENTS/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider: (a)General Plan Amendment GP-90-1 - Consideration of amendment to the Town General Plan concerning secondary dwelling units. These amendments may result in the prohibition of new secondary dwelling units. (b)Zoning Ordinance Amendment A-90-1 - Consideration of amendment to the Zoning Ordinance concerning secondary dwelling units. These amendments may result in the prohibition of new secondary dwelling units. (c)Zoning Ordinance Amendment A-90-3 - Consideration of amendment to the Zoning Ordinance concerning hotels and motels located in residential zones that were converted to apartments prior to March 22, 1986. The following people from the audience wished to address this issue: Diane Werp, 146 Clover Way, Community Services Commissioner, spoke against rescinding the new secondary unit ordinance. TC:D1:MM050790 HEARINGS CONTINUED SECONDARY UNITS CONT. Dale Hill, 150 Robin Way, representing the Los Gatos-Saratoga League of Women Voters,supports implementation of zoning ordinance allowing and regulating new secondary units,and submitted portion of the Santa Cruz ordinance addressing secondary units and staement from the League for the record. Mayor Ferrito, requests aid from organizations in suggesting that neighboring communities address this issue as aggressively as Los Gatos has. Kathy Citron, 3560 North Main St., Soquel, Director of Senior Services at Jewish Family Service of Santa Clara County, spoke in favor of the secondary units being an option for affordable housing for seniors. Nancy Burbank, 108 Belcrest Drive, AAUW representative, spoke in favor of secondary housing and mentioned that other neighboring cities would also be addressed. Betty Clabaugh, 19240 Linda Vista, representative of Help House the Homeless, Agency in San Jose. In favor of secondary units to aid in housing needs. Elaine McKim, 104 Wolen Way, spoke for affordable housing and need for seniors to have individual units. Licia Thomson, 121 El Porton, representing the Affordable Housing Committee of AAUW, addressing the need to support secondary dwelling units. Betty Pestka, 158 Los Astas Drive, Committee for Homeless Women and Children of AAUW, asked that secondary option be kept open. Dr. Chandra Treya, 86 Central, spoke of the need to be able to rent his existing secondary unit. Jeff Johns, 42 Central Ave., representative of Saratoga-Los Gatos Board of Realtors asked that the options for secondary units remain open and allow the possibility of more affordable housing. There was no one else from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to allow new secondary units to exist in the R-1D, RM and PD zone and to remand back to the Planning Commission, (for modification and report only), General Plan Amendment GP-90-1, consideration of amendment to the Town General Plan concerning secondary dwelling units, and Zoning Ordinance Amendment A-90-1, consideration of amendment to the zoning ordinance concerning secondary dwelling units. Mrs. Benjamin's reasons were as follows: 1.General Plan requires maintenance of a variety of housing options. TC:D1:MM050790 2.BMP requirements on new secondary units is not easy to enforce and it may not be economical, and therefore these requirements may not be serving those people you are hoping to serve. 3.Family members in residential areas should be able to dine together and there should not be a need for a kitchen in the additional living unit for a close family member. Mr. Ventura will support the motion but feels that significant affordable housing stock must be planned for with a project such as Villa Vasona. Mr. Ferrito will support the motion to remand to the Planning Commission having reservations concerning the real creation of more affordable housing, not feeling that secondary units are the answer to the problem. Motion carries unanimously. HEARINGS CONTINUED SECONDARY UNITS CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council find that Zoning Ordinance Amendment A-90-3 is consistent with the General Plan. Carried by a vote of 4 ayes. Mayor Ferrito voted no for his previously stated reasons. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council waive the reading of Draft Ordinance (Exhibit 4) amending the Zoning Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO ALLOW NONCONFORMING HOTELS/MOTELS LOCATED IN RESIDENTIAL ZONES THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING UNITS PRIOR TO MARCH 22, 1986. Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons previously stated in the record. COUNCIL RECESS Mayor Ferrito declared a short recess at 10:00 p.m. The meeting was called back to order at 10:10 p.m. COUNTY REFERRALS Motion by Mr. Ventura, seconded by Mayor Ferrito, that Council accept the recommended action and appeal the County's decision and expend $260 for the filing fee on 2913-30-49-86B-86G-86DR-86LA-89LM, DePalma property at the end of Tourney Road regarding a grading problem. Carried unanimously. SECONDARY DWELLING UNITS/ABATEMENT Informational item addressing the policy of conversion of living space necessitating a public hearing received and filed. PROJECT 8717/SERVICE CENTER EXPANSION TC:D1:MM050790 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council continue this item until June 18, 1990, which will be after the budget hearings. Carried unanimously. GREENBELT ALLIANCE/ENDORSEMENT/RESOLUTIONS 1990-91, 199092, 1990-93 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolutions 1990- 91, 1990-92, and 1990-93 entitled as follows: RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE SANTA CLARA OPEN SPACE AUTHORITY NOVEMBER 1990, BALLOT MEASURE, Resolution 1990-91 RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING GOALS AND OBJECTIVES OF THE SANTA CLARA COUNTY GREENBELT COALITION, Resolution 1990-92 RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE BAY AREA GREENBELT, Resolution 1990-93 Carried by a vote of 4 ayes. Mr. Hamilton voted no stating that he was opposed to supporting this action unless Gilroy would support this Open Space Alliance. LARK AVE 16775/YUKI FARMS/DERUS/BARKER Resolution of the Town Council of the Town of Los Gatos denying appeal of the Planning Commission decision denying request of a change of zone from R-1:8000 to R-1:8000 PD in order to permit the development of an eight lot single-family residential subdivision of 2.69 acres of land. Property located at 16775 Lark Ave. Yuki Farms Inc. Richard Derus/Lac Barker. Motion by Mr. Carlson, seconded by Mr. Hamilton, to remand this item to the Planning Commission with the following guidelines: 1.Construction would not start until the existing homes in that area are removed for the construction of Route 85. 2.Density would not be allowed to increase. 3.The Lark Ave. property would be single family homes with access through Oka Road, not Lark Ave. 4.Higher density dwellings for a phased development whose number would not exceed the number of houses that are being removed. 5.Waiver on the one year application if there is a need to rezone. 6.Remanding to the Planning Commission does not require additional fees, if there is a denial there would be a need for new fees to restart the process. Mr. Carlson withdraws his motion and Mr. Hamilton his second. The hearing had been closed April 2, 1990 and must be reopened in order to take an action on it. Motion by Mr. Carlson, seconded by Mr. Hamilton, for reconsideration of this closed public hearing. Carried unanimously. TC:D1:MM050790 OKA ROAD/YUKI FARMS, INC./DERUS/BARKER Resolution of the Town Council of the Town of Los Gatos denying appeal of Planning Commission decision denying appeal of Planning Commission decision denying request of a change of zone from R-1:8000 to R-1:8000 PD in order to permit the development of a 31 lot single-family residential subdivision of 9.63 acres of land located on Oka Road. Motion by Mr. Carlson, seconded by Mr. Hamilton, to remand this item to the Planning Commission with the following guidelines: 1.Construction would not start until the existing homes in that area are removed for the construction of Route 85. 2.Density would not be allowed to increase. 3.The Lark Ave. property would be single family homes with access through Oka Road, not Lark Ave. 4.Higher density dwellings for a phased development whose number would not exceed the number of houses that are being removed. 5.Waiver on the one year application if there is a need to rezone. 6.Remanding to the Planning Commission does not require additional fees, if there is a denial there would be a need for new fees to restart the process. Mr. Carlson withdraws his motion and Mr. Hamilton his second. The hearing had been closed April 2, 1990 and must be reopened in order to take an action on it. OKA ROAD CONT. Motion by Mr. Carlson, seconded by Mr. Hamilton, for reconsideration of this closed public hearing. Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito vote no, stating Council's policy to not allow any development within a quarter mile of the freeway corridor until the route and access ramps for the new freeway are determined and finalized. The area should be developed as a whole and not piecemeal. Mr. Ferrito also feels that Council should be consistent with its policies. Mrs. Benjamin would like to see the affordable housing and housing stock increased now and not wait for the freeway confirmation knowing that the freeway will be built soon. MINUTES OF APRIL 16, 1990 Mr. Carlson requested a word correction on page 6 under Certificates of Participation, to read "...creation of an unusually large debt of 1.8 million, and the creation of...." Mr. Ventura requested Los Gatos be capitalized on page 4. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of April 16, 1990 as amended. Carried by a vote of 4 ayes. Mayor Ferrito abstained. TC:D1:MM050790 MINUTES OF APRIL 17, 1990 Mrs. Benjamin requested a spelling correction to page 3 "...representing Mo ntebello Partnership." Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of April 17, 1990 as amended. Carried unanimously. MINUTES OF APRIL 23, 1990 Mr. Carlson requested a spelling correction on page 1 " Dick Gain es" Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of April 23, 1990 as amended. TREASURER'S REPORT FOR MARCH 1990 Treasure's report for March 1990 was received and filed. HILLSIDE DEVELOPMENT STANDARDS (A)Planning Commission recommendation regarding amendments to the Hillside Development Standards and adoption of the Resolution Motion by Mr. Ventura, seconded by Mr. Carlson, that the Standards for Review in the Hillside Areas reflect the following change: 4.2 Bullet 5. Identify and incorporate least restrictive areas of development for all other hillside sub areas of study plan. Carried unanimously. This item will cause all sections following to be renumbered. HILLSIDE DEVELOPMENT CONT. Motion by Mr. Ventura, seconded by Mr. Carlson, that the Standards for Review in the Hillside Areas reflect the following change: 7.1.1 Change last sentence to "Open space shall be contiguous to open space from adjacent parcels and be provided in usable segments to provide wildlife habitat and recreational needs." Carried unanimously. Request of Council to have this item returned to Council with corrections for the meeting of May 21, 1990. REQUEST CLARIFICATION/HABIB AZAR Request for clarification by Town Council of standards and applicability to application regarding Habib Azar. TC:D1:MM050790 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to allow the applicants five minutes to address the issue. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito voted no. The following people spoke from the audience: Virginia Fennelli, asked for the project to not have to go through the PD in order to save two steps in the process and perhaps be able to begin development before the grading moratorium. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to set the objective of converting to PD with out incurring additional fees. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that applicant go through a modified subdivision which has a separate hearing at the Planning Commission and then come before Council for approval. This amended to include that Planning Commission reset the public hearing to rehear the subdivision application with the stipulation that the applicant and the Council would have public hearing to make modifications or changes in any way pertaining to any issue considered by the Council at that public hearing, and the applicant will not use the argument of "deemed approved." Tom Jordan, Hopkins and Carley, representing the applicant, affirmed that the applicant could not waive their "deemed approved" rights. Mr. Ventura, removed his second to the previous motion. Mrs. Benjamin, withdrew her motion. Motion by Mr. Ventura, seconded by Mrs. Benjamin, to continue this matter to May 21, 1990 and schedule an executive session based on the information just received. Carried unanimously. SECOND-STORY ADDITIONS/APPLICATION PROCESS Motion by Mr. Carlson, seconded by Mr. Ventura, to remand this item to the Planning Commission to review and consider possible additional restrictions on second story additions, possibly including limiting them to certain size lots. Carried by a vote of 3 ayes. Mr. Hamilton and Mrs. Benjamin voted no. Mrs. Benjamin stated that there is support for second stories. This subject to be agendized for the joint Council-Planning Commission Study Session. LIBRARY CONSTRUCTION/GRANT APPLICATION Informational item for discussion. Mr. Carlson suggested that the Library Board meet and work on the concept of community support for raising funds for design of new Library. Council will also meet with the Library Board. PARKING FUND/IN-LIEU FEE/PARKING FACILITIES Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990- 94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING PARKING IN-LIEU FEES TO FUND PARKING IMPROVEMENTS RELATING TO PHASE 3 OF THE DOWNTOWN PARKING IMPROVEMENT PROGRAM. Carried by a vote of 3 ayes. Mr. TC:D1:MM050790 Hamilton and Mr. Ferrito abstained. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to direct staff to prepare a Zoning Ordinance amendment allowing payment into Phase 3 of the Downtown Parking Assessment District subject to certain restrictions. Carried by a vote of 3 ayes. Mr. Hamilton and Mr. Ferrito abstained. BUDGET REPORT/THIRD QUARTER/1989-90 Informational item to be referred to at study session May 15, 1990. BUDGET FORECAST/FISCAL YEAR/1990-91 Informational item to be referred to at budget study session Tuesday, May 15, 1990 at 7:30 p.m. to discuss this concept and determine the parameters for finalizing the draft 1990-91 Operating Budget VICTIM FORECLOSURE/AB 1825/NATIONAL DISASTER Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council support AB 1825. The Council's decision as well as any comments will be incorporated into a letter for the mayor's signature. Carried unanimously. INTERGOVERNMENTAL COUNCIL/IGC/MATCHING FUND PROPOSAL/$2,000 Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to approve the additional assessment of $2,000 for the IGC budget for the 1990-91 fiscal year and requesting IGC to waive these fees because Los Gatos has suffered extensive earthquake damage and consequently our budget is reflecting that. Carried unanimously. ADJOURNMENT Motion by Mr. Carlson, seconded by Mayor Ferrito, to adjourn this evening's meeting at 11:48, to May 14, 1990. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM050790