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M 06-18-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 18, 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 7:59 p.m., Monday, June 18, 1990, in regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:Mr. Hamilton, PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS/ARTS COMMISSION/ANNE LAMBORN/LUCY MC ALLISTER CYNTHIA ROSTANKOWSKI Applications were received for two vacancies from Paul Bingham, Anne Lamborn, Lucy Mc Allister and Cynthia Rostankowski. Voting was held and Anne Lamborn, Lucy Mc Allister and Cynthia Rostankowski were appointed to fill the positions. Terms to expire July 1, 1993. APPOINTMENTS/LIBRARY BOARD/WILLIAM JACOBSON/ELSBETH NEWFIELD Applications were received for two vacancies from Gwen Davis, William Jacobson, Elsbeth Newfield and Dale Streeter. Voting was held and William Jacobson and Elsbeth Newfield were appointed to fill the positions. Terms to expire July 1, 1993. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met prior to this evening's meeting in Closed Session pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation. Town vs Vertical Management Systems was discussed. There is no report at this time. Crafford vs Town of Los Gatos was discussed. There is no report at this time. Pursuant to Government Code Section 54956.9(c), Council met to discuss Institution of Litigation regarding Route 85. There is no report from that discussion at this time. TC:D1:MM061890 Pursuant to Government Code Section 54957, Council met to discuss a Personnel matter. There is no report from that discussion at this time. UNIVERSITY AVE 412/S-79-16A/GARY SCHLOH/HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of request to subdivide a previously merged parcel into two lots, to move an existing three unit residential structure on to one of the parcels and decrease the number of dwelling units from three to one in the R-1D zone. Architecture and Site Application S-79-16A. Subdivision Application M-90-5. Appellant: Gary Schloh. Owner: Eugene Stecz. Property: 412 University Ave. TC:D1:MM061890 June 18, 1990 Los Gatos, California UNIVERSITY AVE CONTINUED The following person from the audience wished to address this issue: Gary Schloh, architect for the project, requested the matter be dropped due to request from the owner. There was no one else who wished to speak to this issue. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council deny the appeal due to lack of evidence as Mr. Schloh, the appellant, has withdrawn the appeal by request of his client Mr. Stecz. Carried by a vote of 4 ayes. Mr. Hamilton absent. OKA ROAD 14855/JEWISH COMMUNITY CENTER/S-85-23B/BAMBURG ASSOCIATES HEARING Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider an appeal of Planning Commission's denial of request to construct and operate expanded facilities including a health and fitness building and additional parking spaces on property in the R-1:8000 Zone, U-83-21C and S-85-23B. Property: 14855 Oka Rd. Property Owner: Jewish Community Center. Agent: Marvin Bamburg Associates, Inc. The following people from the audience wished to address this issue: Marvin Bamburg, requested a continuance for his client, The Jewish Community Center. There was no one else who wished to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this issue to July 16, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. VEHICLE AQUISITION/POLICE CAR/NATIONAL CAR RENTAL/BID AWARD RESOLUTION 1990-118 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE ACQUISITION OF ONE 1989 OR LATER MODEL USED CAR WITH THREE YEAR WARRANTY. Carried by a vote of 4 ayes. Mr. Hamilton absent. VEHICLE AQUISITION/TRANSIT ASSIST/STATION WAGON/SWANSON FORD/BID AWARD RESOLUTION 1990-119 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING PURCHASE OF TC:D1:MM061890 June 18, 1990 Los Gatos, California STATION WAGON TO SWANSON FORD FOR THE TRANSIT ASSIST PROGRAM. Carried by a vote of 4 ayes. Mr. Hamilton absent. COPY MACHINE/SAVIN 7500/BID AWARD Motion by Mr. Carlson, seconded by Mr. Ventura, that this item be continued for additional information regarding reliability addressing the mean time between failure, the mean time to repair and amount of warrantee the manufacturer provides at no extra charge. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California PAYROLL/RATIFICATION/JUNE 1, 1990 Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of the accompanying check register for payroll of May 13, through May 26, 1990, in the amount of $217,811.96, paid on June 1, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. ACCOUNTS PAYABLE/RATIFICATION/ Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of accounts payable invoices and accompanying check registers in the amount of $633,585.36 paid on June 1, & 8, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent. DISASTER LOAN EQUITY ACT OF 1990/HR4966 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council support HR4966, the Disaster Loan Equity Act of 1990. Staff to prepare a letter for the Mayor's signature indicating Council's support for HR4966. Carried by a vote of 4 ayes. Mr. Hamilton absent. EQUIPMENT/AQUISITION/FOR THE YEAR 1989-90 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council authorizes the acquisition of equipment approved for purchase in fiscal year 1989-1990. Carried by a vote of 3 ayes. Mr. Carlson abstained, due to this item being missing from his packet. Mr. Hamilton absent. BELL RINGING CEREMONY/JULY 4, 1990/TOWN PLAZA/LOS GATOS JAYCEES Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the Los Gatos Jaycees request to hold the 4th of July Bell Ringing Ceremony at the Town Plaza, subject to staff recommendations in report. Carried by a vote of 4 ayes. Mr. Hamilton absent. DAY IN THE PARK/AUGUST 26, 1990/OAK MEADOW PARK/LOS GATOS LIONS Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the Los Gatos Lions Club request to hold the 35th annual "Day in the Park" on Sunday, August 26, 1990, subject to staff recommendations in report. Carried by a vote of 4 ayes. Mr. Hamilton absent. SERVICE COMMENDATION/ROGER MC LEAN/POLICE SERGEANT RESOLUTION 1990-120 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING POLICE SERGEANT ROGER L. MC LEAN FOR EXEMPLARY SERVICE TO THE TOWN. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California MUSEUM COMMISSION/DIANE MC NUTT-CRONK/COMMENDATION RESOLUTION 1990-136 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DIANE MC NUTT- CRONK OF THE LOS GATOS MUSEUM COMMISSION. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California MUSEUM COMMISSION/DR. GEORGE A. NEUKAM/COMMENDATION RESOLUTION 1990-121 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DR. GEORGE A. NEUKAM OF THE LOS GATOS MUSEUM COMMISSION. Carried by a vote of 4 ayes. Mr. Hamilton absent. RECREATION DEPARTMENT/LEASE/RESOLUTION 1990-122 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 122 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING INTERIM TOWN MANAGER TO EXECUTE REVISED LEASE AGREEMENT WITH LOS GATOS- SARATOGA RECREATION DEPARTMENT. Carried by a vote of 4 ayes. Mr. Hamilton absent. ENVIRONMENTAL CONSULTANT SERVICES/AGREEMENTS/RESOLUTION 1990-123 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried by a vote of 4 ayes. Mr. Hamilton absent. NOISE STUDY/NOISE ORDINANCE/AGREEMENT/RESOLUTION 1990-124 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES TO PREPARE A NOISE STUDY AND PREPARATION OF A NOISE ORDINANCE. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ferrito stated for the record that he would like the phenomenon of sound rising and carrying above the area of immediate neighbors to be addressed. The level of sound does not always correspond with nearness but can be funneled and carried by other physical properties. HISTORIC RESOURCES INVENTORY/PHASE II/AGREEMENT/RESOLUTION 1990-125 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR PHASE II OF THE HISTORIC RESOURCES INVENTORY. Carried by a vote of 4 ayes. Mr. Hamilton absent. UNIVERSITY AVE 809/MOOSE LODGE/DENIAL OF PERMIT/RESOLUTION 1990-126 TC:D1:MM061890 June 18, 1990 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION DENYING REQUEST FOR PERMISSION TO OPERATE A FRATERNAL ORGANIZATION (LOS GATOS MOOSE LODGE) AND FOR THE SALE OF ALCOHOLIC BEVERAGES LIMITED TO CLUB MEMBERS AND GUESTS AND TO SPECIAL EVENTS ON PROPERTY LOCATED IN THE L-M ZONE. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California OKA ROAD/YUKI FARMS/DERUS/APPEAL DENIAL/RESOLUTION 1990-127 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION DENYING REQUEST OF A CHANGE OF ZONE FROM 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. Carried by a vote of 4 ayes. Mr. Hamilton absent. LARK AVE 16775/YUKI FARMS/DERUS/APPEAL DENIAL/RESOLUTION 1990-128 Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF THE PLANNING COMMISSION DECISION DENYING REQUEST OF A CHANGE OF ZONE FROM R-1:8000 PD IN ORDER TO PERMIT THE DEVELOPMENT OF AN EIGHT LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION OF 2.69 ACRES OF LAND. Carried by a vote of 4 ayes. Mr. Hamilton absent. VERBAL COMMUNICATIONS Richard Gaines, 340 Johnson Ave., addressed public hearings in general, mentioning the changes in proposals submitted to Council by staff after public hearings have been closed. Asked for re-notification of items with considerable change between close of hearing and adoption. If item is to affect the majority of the Town residents the notice should be by quarter page or half page ad explaining how this matter will affect them. HEARING TRAFFIC IMPACTS/TOWN POLICY/AMENDMENTS/RESOLUTION 1990-138 Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider amendments to the Town Policies and Regulations regarding traffic impacts: a)General Plan Amendment GP-90-2 b)Downtown Specific Plan Amendment GP-90-3 c)Zoning Ordinance amendment A-90-5 Bud Lortz, Planning Department, explained the rational of the changes made to the traffic policy within this report. The following person from the audience wished to address this issue: Fran Wagstaff, Mid Peninsula Housing Coalition representative, asked that Council TC:D1:MM061890 June 18, 1990 Los Gatos, California continue to keep the need of affordable housing on its priority list of objectives when considering the traffic impact mitigation fees. There was no one else who wished to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California TRAFFIC IMPACT POLICY CONT. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that section 2.5.6.b of proposed General Plan Use Element in Exhibit 5 of report read as follows: If there is a traffic impact, at all, the applicant shall site specific sections of the General Plan and demonstrate a benefit to the community which outweighs the traffic impact and the deciding body must make findings of that benefit in order to approve the project. This motion includes the deletion of the Community Needs Assessment. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that the General Plan Sub-committee of the Planning Commission and the Planning Commission should amend and add any appropriate sections to our General Plan or Specific Plan that they think are missing or need modification in order to allow the implementation of beneficial projects that have traffic impacts that they feel would be warranted. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that at the time of approval of a multi-unit development (residential or otherwise) a number of trips will be allocated to that development, and that any applications that relate to that development and will trigger a traffic impact greater than one should be handled the same way as our parking policy. Carried by a vote of 3 ayes. Mrs. Benjamin voted no. Mr. Hamilton absent. Consensus of Council, that Exhibits 5, 7 and 8, the amendments to the General Plan, Zoning Ordinance and the Town Traffic Impact Policy return to Council with amendments July 2, 1990. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN REGARDING TRAFFIC IMPACTS. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mrs. Benjamin stating that the Downtown Specific Plan needs to be reviewed. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council waive the reading to draft Ordinance marked Exhibit 9 of staff report. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk read the title of the draft Ordinance. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 37 TO THE TOWN CODE OF THE TOWN OF LOS GATOS ESTABLISHING TRAFFIC TC:D1:MM061890 June 18, 1990 Los Gatos, California IMPACT MITIGATION FEES. Carried by a vote of 3 ayes. Mr. Hamilton absent. Mr. Carlson voted no stating that without a public hearing we have not established the need specified in the draft ordinance. RECESS Mayor Ferrito declared a recess at 9:45 p.m. Council resumed its meeting at 9:50 p.m. TC:D1:MM061890 June 18, 1990 Los Gatos, California SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was reviewed and by consensus Council requested that an attempt be made to reschedule the hearings for July 2nd so that those which remain will take no more than three hours. COUNCIL MEETING SCHEDULE Consensus motion, to approve the Town Council meeting schedule for fiscal year 1990-91, and if possible find a meeting in August for Council holiday. COUNTY REFERRALS Motion by Mr. Ventura, seconded by Mr. Carlson, that Council request a letter be written to Susie Wilson indicating that the Town was not noticed for earlier hearing regarding Tourney Road and requesting that the County waive the appeal fees for this hearing because the Town had not been previously noticed. Town will not send money at this time. Carried by a vote of 4 ayes. Mr. Hamilton absent. ANNEXATION/DEFERRED AGREEMENTS/RESOLUTION 1990-129 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE DEFERRED ANNEXATION AGREEMENTS WITH THE COUNTY OF SANTA CLARA. Carried by a vote of 4 ayes. Mr. Hamilton absent. ELECTION/NOVEMBER 6, 1990/CONSOLIDATION/FILING FEE/ORDINANCE 1825 CANDIDATE'S STATEMENT FEE/RESOLUTION 1990-130 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 6, 1990; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES' FILING FEES; PROVIDING FOR GIVING NOTICE OF ELECTION AND LEVYING FEE FOR THE COST OF CANDIDATES' STATEMENTS. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the findings as listed in the staff report so as to adopt the Draft Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California Motion by Mr. Carlson, seconded by Mrs. Benjamin, to waive the reading of the Draft Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk read the title of the Draft Urgency Ordinance. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce the Draft Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California ELECTION CONT. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Urgency Ordinance 1825 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING A FILING FEE TO BE PAID BY CANDIDATES FOR THE ELECTED OFFICES OF THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Hamilton absent. MINUTES OF JUNE 4, 1990 Mr. Ventura requested modification to page 7, Oka & Lark, 5th paragraph, to include the following: "...mass transit will be accessible from this site;..." Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the minutes of June 4, 1990 as amended. Carried by a vote of 4 ayes. Mr. Hamilton absent. MINUTES OF JUNE 5, 1990 Motion by Mr. Ventura, seconded by Mr. Carlson, to approve the minutes of June 5, 1990 as submitted. Carried by a vote of 4 ayes. Mr. Hamilton absent. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Informational item received and filed. MUSEUM PROGRAM/TOWN COMMITMENT Motion by Mr. Ventura, seconded by Mayor Ferrito, that Council continue this item to July 16, 1990, and advertize as a public hearing. Carried by a vote of 4 ayes. Mr. Hamilton absent. ANGEL COURT 102/ENCROACHMENT PERMIT Motion by Mr. Ventura, seconded by Mr. Carlson, to continue this item to July 2, 1990 in order to have further clarification of report to Council. Carried by a vote of 4 ayes. Mr. Hamilton absent. FILMING/COMMERCIAL REGULATIONS/ORDINANCE INTRODUCTION PERMIT PROCESS/RESOLUTION 1990-131 Motion by Mr. Ventura, seconded by Mrs. Benjamin, to waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk read the title of the draft ordinance. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce the draft ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE 2 TC:D1:MM061890 June 18, 1990 Los Gatos, California TO CHAPTER 33 OF THE TOWN CODE ESTABLISHING A COMMERCIAL FILM PERMIT PROCESS. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING RULES AND REGULATIONS FOR COMMERCIAL FILMING PERMIT PROCESS. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California SOLID WASTE/RATES/RESOLUTION 1990-137 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING RATES FOR REFUSE COLLECTION SERVICES, which includes: adopting "C" Sub "b", with change that rates would be a constant per can rate after two cans; commencing an educational program on recycling using any surplus funds above what Green Valley is due for establishing this educational campaign and to place articles in Town Talk, Cable TV, and Newspapers. Green Valley to keep in contact with Town's waste management staff in order to assess progress of program. This proposal does not include organic recycling at this time. Carried by a vote of 2 ayes from Mr. Carlson and Mr. Ventura. Mrs. Benjamin voted no stating that more time was needed to generate a more comprehensive plan which would include the education of the users of the program and including uses for recycled materials, and that the new rate scale is discriminatory toward people with families and without gardeners. Mr. Ferrito abstained stating that further public hearing should be held on the issue. Mr. Hamilton absent. BUDGET/FISCAL YEAR 1990-91/RESOLUTION 1990-132 Motion by Mrs. Benjamin, seconded by Mr. Ventura, to add $1,340 to the Senior Nutrition Services Program. Carried by a vote of 3 ayes. Mr. Carlson abstained. Mr. Hamilton absent. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE OPERATING BUDGET FOR FISCAL YEAR 1990-91, which includes the previously adopted amendment. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Carlson, requested that Council review policy relating to Council Members serving on the Boards of Town Commissions, Boards and Agencies funded by the Town. CAPITAL IMPROVEMENT PROGRAM 1990-93/RESOLUTION 1990-133 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council incorporate the specifics, as recommended by the Planning Commission, regarding the Capital Improvement Program as it relates to the General Plan and adopt Resolution 1990-133 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 1990-91 THROUGH 1992-93. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California HAZARDOUS WASTE/UNDERGROUND STORAGE/CENTRAL FIRE DISTRICT ENFORCEMENT AGENCY/RESOLUTION 1990-134 Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 134 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING ITS ASSUMPTION OF RESPONSIBILITY FOR THE IMPLEMENTATION OF CHAPTER 6.7 OF CALIFORNIA HEALTH AND SAFETY CODE AND DESIGNATING SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT AS THE AGENCY RESPONSIBLE FOR ADMINISTRATING AND ENFORCING SAID CHAPTER. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California PURCHASE OF TOWN PROPERTY/ALAN SIMS/SANTA CRUZ AVE SOUTH Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council find that it is not in the Town's best interest to sell that portion of land under request by Mr. Sims at this time. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mr. Ventura explained that the policy of the Town has been to not sell Town owned property, regarding it as a valuable resource. Mrs. Benjamin stated that the piece of property under consideration provides an entrance to the bus depot which is needed for commuters' access. REPORT FROM THE COMMERCIAL SPECIFIC PLAN COMMITTEE SIGN ORDINANCE AMENDMENTS Motion by Mr. Ventura, seconded by Mr. Carlson, that Council make amendments to the sign ordinance directing the Planning Department to schedule a public meeting with the auto dealers and referring this matter to the Planning Commission to develop specific amendments regarding "space for lease" signs and signs at auto dealers. Carried by a vote of 4 ayes. Mr. Hamilton absent. TRAFFIC IMPACTS/REVENUE GENERATORS Motion by Mr. Carlson, seconded by Mr. Ventura, that section 2. be replaced by the following concept as it relates to sales and transient occupancy tax: If the General Plan committee wishes to revise the General Plan to identify suitable locations and types of high revenue generating businesses based on the data coming from the Commercial Specific Plan Study, such locations and types may be incorporated under the new traffic policy and would be reason to find that they are a benefit to the Town providing they are non-intensive at peak hour traffic periods. Carried by a vote of 3 ayes. Mr. Ferrito voted no stating his concerns in prioritizing revenue generating businesses simply because they produce sales tax. There may be adverse impacts associated with some developments that are not justified by the increase in sales tax. Mr. Hamilton absent. DOWNTOWN PARKING Item 3 was not acted upon and downtown parking has remained static although Council considered the staff report to contain a creative solution it would need to wait until the new lots are finished before implementation and the Chamber of Commerce and the Downtown TC:D1:MM061890 June 18, 1990 Los Gatos, California Association will need to work with the merchants and employees in trying to deal with the problem of parking at this time. PROPERTY/SOUTH OF SARATOGA AVE/EAST OF HWY 17/RESOLUTION 1990-135 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 135 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING PROPERTY SOUTH OF SARATOGA AVENUE AND EAST OF HIGHWAY 17, modifying 3rd paragraph TC:D1:MM061890 June 18, 1990 Los Gatos, California PROPERTY/RESOLUTION 1990-135 CONT. to read "...it is necessary to retain the use of the property as a hotel which would provide an important source of revenue to the Town...." and modifying 4th paragraph to read "...the Town council hereby establishes the following guidelines, (which do not guarantee approval of a project,) for the property located south of Saratoga Ave...". Carried by a vote of 3 ayes. Mr. Ferrito voted no, not agreeing with the amount of detail (in regards to size) delineated in the resolution. Mr. Hamilton absent. OFF-SITE AUTO STORAGE Motion by Mr. Carlson, seconded by Mr. Ventura, that Council refer to Planning Commission investigation of amendment to the zoning Ordinance allowing off-site auto storage in all zones subject to specific standards with a Conditional Use Permit, and which would be evaluated on a case by case basis Carried by a vote of 4 ayes. Mr. Hamilton absent. NEW OFFICE SPACE/GROUND FLOOR PROHIBITED/URGENCY INTERIM ZONING ORDINANCE 1826 Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the findings that the Urgency Interim Zoning Ordinance is necessary to protect the public health, safety and particularly public welfare as set forth in Section I of the Draft Ordinance, stating that the downtown area is under study and has been effected by the earthquake and is the primary location for high revenue generation and that Council wishes to maintain the status quo during the study and until the study can be implemented. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council waive the reading of the draft Urgency Interim Zoning Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk read the Title of the Urgency Interim Zoning Ordinance. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce Draft Urgency Interim Zoning Ordinance, Sections I, III and IV. Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Urgency Interim Zoning Ordinance 1826 entitled, URGENCY INTERIM ZONING ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING OFFICE DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT, including Sections I, III and IV. TC:D1:MM061890 June 18, 1990 Los Gatos, California Carried by a vote of 4 ayes. Mr. Hamilton absent. Motion by Mr. Ventura, seconded by Mr. Carlson, that the Town Clerk schedule a public hearing for July 2, 1990, to extend the Urgency Ordinance for 10 months and 15 days, and to consider the C-1 Zone, Neighborhood Commercial Zone, in said Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. TC:D1:MM061890 June 18, 1990 Los Gatos, California COUNCIL REPORT Mr. Ferrito reported appointment of representative Katowski to the Traffic Authority by the West Valley Cities' Mayors. ADJOURNMENT Mayor Ferrito announce the adjournment of this evenings meeting at 11:45 p.m. to June 25, 1990, at 7:30 p.m. Mary Jo Levinger, Town Attorney, announced Closed Session to be held at 5:30 p.m. in regards to Personnel, under Government Code Section 54957, prior to the June 25th meeting. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM061890