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M 04-23-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 23, 1990 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 7:59 p.m., Monday, April 23, 1990, in regular adjourned session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:Robert L. Hamilton. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session Pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation re: Kang Ming Ho vs. Los Gatos Town Council. There is no report from that discussion. Pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation re: Route 85. There is no report from that discussion. VERBAL COMMUNICATIONS Dick Gaines, 340 Johnson Ave., addressed the secondary unit issue. He opposes new secondary units being built in Town but encourages bringing existing units up to code. In response to Earth Day he requests implementation of an ordinance prohibiting plastic bag use in stores. Solar energy ordinance already exists in relation to subdivision ordinance and he would like to see its use in the new housing which will be going along the Route 85 corridor. Jack Kohl, 14685 Oka Road, addressed the noise from Albright Way and other industrial noise from that industrial area. In particular Green Valley trucks are picking up before 6 a.m. He would like some way of controlling this problem. He submitted a tape to the manager for review. TC:D1:042390 Laura, 14 N. Santa Cruz Ave., spoke regarding restoration of the Fromm house which was on the agenda last week. MAIN STREET 131 W./MONTEBELLO BUILDING/VOJVODICH Mayor Ferrito stated that this was the time and place duly noted for Council consideration of request for approval of plans to demolish and replace an historically designated commercial building which was damaged by the earthquake. The property is located in the C-2 zone. Property Owner, Phillip L. Scott. Applicant, Nick Vojvodich. MAIN STREET CONT. There was no one to speak to this issue from the audience. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to continue this item to May 14, 1990. Carried with a vote of 4 ayes. Mr. Hamilton absent. SANTA CRUZ AVE 15/MOUNTAIN CHARLEY'S/FARWELL Mayor Ferrito stated that this was the time and place duly noted for public hearing and Council consideration of request for permission to operate a bar with the sale of alcoholic beverages for consumption on the premises on property in the C-2 zone. Conditional Use Permit Application EU-77-24D. Property Owner, James D. Farwell. Applicant, Jeff Brigham (Mountain Charley's). The following person from the audience addressed this issue: Jeff Brigham, 15803 Viewfield Road, stated that the windows would be double paned and sealed, the back door will always remain closed, complaints will be listened to and followed up on, and the front and back of building will be soundproofed and consultant will be available throughout the project. Would like to be open on Sundays for private parties and major holidays. There was no one else who wished to address this issue. Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried with a vote of 3 ayes. Mr. Hamilton absent. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council make the findings as required by Section 5.20.210 of the Zoning Ordinance for the granting of a Conditional Use Permit, and approve Conditional Use Permit EU-77-24D as recommended by the Earthquake Restoration Committee, changing the hours of operation from 3 p.m. to 2 a.m. Monday through Saturday, allowing operation on Sunday for private parties and receptions, and allowing general opening on Sunday for St. Patrick's Day, New Year's Eve, Memorial Day, and Labor Day. Council will review and approve the noise consultant's report and TC:D1:042390 recommendations, items 4 and 8 in the report. Carried with a vote of 4 ayes. Mr. Hamilton absent. Mayor Ferrito stated his affirmative vote was due to the applicant's ability to operate legally without a use permit for another seven years and feels the Town is better off having this business operating under a use permit. HISTORIC DISTRICT/DOWNTOWN AREA/NATIONAL REGISTER Report from staff regarding Historic Consultant, Anne Bloomfield's, work with the State Office of Historic Preservation to explore the possibility of creating a National Register Historic District in the downtown commercial area. Motion by Mr. Ventura, seconded by Mr. Carlson, that Council direct staff to conduct a public workshop with the assistance of Anne Bloomfield, Historic Consultant, to inform affected property owners of the benefits of creating a National Register Historic Commercial District and to determine if there is sufficient community support. Carried with a vote of 4 ayes. Mr. Hamilton absent. ISSUE REGARDING FROMM HOUSE Motion by Mr. Ventura, to reopen the public hearing regarding the demolition of the structure at 227 Los Gatos Blvd. After considerable discussion of options available besides demolition and Mr. Ventura expressing his opinion that all options have not yet been pursued, the motion failed due to lack of a second. ADJOURNMENT Mary Jo Levinger, Town Attorney, stated that after tonight's study session regarding Route 85, Council will be adjourning to April 30, 1990, at which time a joint study session will be held with Parks Commission and Community Services Commission at 7:30 p.m. Mayor Ferrito, stated that the meeting was adjourned at 8:55 p.m. ATTEST: TC:D1:042390 Marian V. Cosgrove Town Clerk TC:D1:042390