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M 07-06-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 6, 1993 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:37 p.m., Tuesday, July 6, 1993 in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, and Mayor Joanne Benjamin. Absent:Patrick O'Laughlin PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957.6 to discuss Labor Relations. Council discussed various benefits and compensation packages primarily concerning AFSCME, TEA and Management employees and instructed the negotiator on concerns of the groups and received information regarding the various packages. ART IN COUNCIL CHAMBERS Mayor Benjamin referenced the new art display in the Council Chambers provided by Lora Sprague and announced the reception to be held for Ms. Sprague on July 8, 1993. PRESENTATION Mayor Benjamin presented the Los Gatos Lions Club with a Commendation for their involvement with stenciling Town curbs and assisting in the Non Point Source Program. Ted Simonson, Pat Moore and Tony Matley accepted the commendation on behalf of the Lions Club. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) TC:D5:MM070693 Accepted the monthly status report from the Planning Commission and Planning Department. COUNCIL CALENDAR OF MEETINGS (03.10) Submitted for information PAYROLL/RATIFICATION/JUNE 1993 (04.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for payroll of June 6, 1993 through June 19, 1993 in the amount of $364,154.33 paid on June 25, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/JUNE 1993 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify accompanying check registers for accounts payable invoices in the amount of $570,120.85 paid on June 17, June 18, June 25, June 28, and June 30, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COUNCILMEMBER PATRICK O'LAUGHLIN/EXCUSED ABSENCE (06.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council excuse Councilmember Patrick O'Laughlin from Council Meetings until he has recovered from surgery. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SIME v CITY OF ROHNERT PARK/AMICUS PARTICIPATION (07A.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize participation in the above referenced case at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. WASTE RESOURCES TECHNOLOGIES v CITY AND COUNTY OF SAN FRANCISCO AMICUS PARTICIPATION (07B.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize participation in the above referenced case at no cost to the Town. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CLAIM REJECTION/AETNA CASUALTY/VEHICLE DAMAGE/MAYA DRIVE (08A.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council reject the claim of Aetna Casualty filed June 11, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CLAIM REJECTION/GERALD D. FOX/PERSONAL INJURIES (08B.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council reject the claim of Gerald D. Fox filed May 27, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. RED CURBS/NO PARKING SIGNS/JANUARY 1, 1992 TO MARCH 5, 1993 (09.TC) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the report regarding installation of red curbs and "no parking" signs from January 1, 1992 to March 5, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. AFSCME LOCAL 101/MEMORANDUM OF UNDERSTANDING/RESOLUTION 1993-91 (10A.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- TC:D5:MM070693 July 6, 1993 Los Gatos, California 91, entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TEA/TOWN EMPLOYEES ASSOC/MOU/RESOLUTION 1993-92 (10B.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council Resolution 1993-92 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND TOWN EMPLOYEES' ASSOCIATION (TEA). Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California MANAGEMENT PLAN/FISCAL YEAR 1993-94/RESOLUTION 1993-93 (11.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-93 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR FISCAL YEAR 1993-94. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. CONFIDENTIAL EMPLOYEE/CLASSIFICATIONS/WORK RULES/RESOLUTION 1993-94 (12.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CONFIDENTIAL EMPLOYEE CLASSIFICATIONS, COMPENSATION AND WORK RULES FOR FISCAL YEAR 1993-1994. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. POSITIONS AND CLASSIFICATION PLAN/RESOLUTION 1993-95 (13.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-95 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING POSITION AND CLASSIFICATION PLAN FOR FISCAL YEAR 1993-94 EFFECTIVE JULY 1, 1993 THROUGH JUNE 30, 1994. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. OPEN DOORS ASSOCIATES/LOAN RELATED DOCUMENTS/RESOLUTION 1993-96 (14.19) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE LOAN RELATED DOCUMENTS WITH OPEN DOORS ASSOCIATES. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. OPEN SPACE MAINTENANCE DISTRICT 2/ASSESSMENT RATE TRACT 8400/SANTA ROSA HEIGHTS/RESOLUTION 1993-101 (19.04) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- 101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT NO. 2. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. OPEN SPACE MAINTENANCE DISTRICT 3/ASSESSMENT RATE/TRACT 8280 VASONA HILLS SUBDIVISION/300 BLOSSOM HILL ROAD/RESOLUTION 1993-102 (20.04) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- 102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT NO. 3. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California 9324 PROJECT/TRAFFIC SIGNALIZATION/LOS GATOS-ALMADEN ROAD NATIONAL AVENUE/AGREEMENT T.J.K.M./RESOLUTION 1993-77 (21.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH T.J.K.M. TRANSPORTATION CONSULTANTS PROJECT 9324- TRAFFIC SIGNALIZATION OF LOS GATOS-ALMADEN ROAD AT NATIONAL AVENUE. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California HEARINGS SHORT RD/HILLSIDE SUBDIVISION/PLANNED DEVELOPMENT/HEARING (22.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider an appeal of a decision of the Planning Commission to deny a request for consideration of a change in zone from HR-2½ to HR-2½PD, and approval of a subdivision application to divide 94.7 acres of hillside land into 27 single-family lots as a planned development with permanent open space and public trails, Zone Change Application Z-91-1 and Subdivision Application M-87-3A. This property is generally located south of Blossom Hill Road, north of Shannon Road and east of Short Road. Property Owners: Norman Houge, Dr. William Angell and Alan Gregory. Applicant: Westfall Engineers, Inc. Appellant, Norman E. Matteoni, Esq. for applicants. No one in the audience wished to speak to this matter. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to continue this matter, at the request of the appellant on behalf of the property owners, to the Town Council agenda of September 20, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. LIGHTING AND LANDSCAPING DISTRICT 2/RESOLUTION 1993-100/HEARING (23.04) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopting resolution confirming diagram and assessments, and levying assessments for Landscaping and Lighting Assessment District No. 2 for Fiscal Year 1993- 94. Town Manager David Knapp indicated that the fiscal impact of the Assessment District would benefit only those who lived in the district and would not benefit all Town residents as implicated in the staff report. The following people from the audience spoke to this issue: Tim Gerlach, 153 Gemini Court, thanked the staff for their prompt response and quick action in addressing issues which he was concerned about at the June 7th meeting. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Mr. Attaway questioned the maintenance service level which would be available to those TC:D5:MM070693 July 6, 1993 Los Gatos, California who where paying for the assessment district. Staff indicated that the maintenance level would be as adopted by Council and would commence immediately. The district would allow the Town to receive reimbursement for maintenance service now and in the future. Town Attorney, Larry Anderson, indicated that the Town processes each Lighting and Landscape District year by year and provides the service on an annual basis. TC:D5:MM070693 July 6, 1993 Los Gatos, California HEARINGS CONTINUED LIGHTING AND LANDSCAPING DISTRICT 2 CONT. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- 100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 1993-1994. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SPORTS COURTS/LIGHTING/ZONING ORDINANCE AMENDMENT A-93-2/HEARING (24.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introducing an ordinance amending the Town Code to prohibit or regulate the lighting of sports courts. This matter will not have a significant impact on the environment and is, therefore, exempt from the requirements of the California environmental quality act. Zoning ordinance amendment A-93-2. Applicant: Town of Los Gatos. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mr. Blanton, to find the Zoning Ordinance Amendment consistent with the General Plan. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. The Senior Deputy Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, to waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.40.025 OF THE TOWN CODE TO PROHIBIT OR REGULATE THE LIGHTING OF SPORT COURTS. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. UNDERGROUND UTILITIES/LOS GATOS BLVD/ORDINANCE INTRO/HEARING (25.24) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider amendment to resolution establishing a revised Underground Utility District No. 9302, [Los Gatos Boulevard, (Lark to Samaritan); Lark Ave, (Lark on ramp north to Los TC:D5:MM070693 July 6, 1993 Los Gatos, California Gatos Blvd); Samaritan Way, (National to Los Gatos Blvd)], which allows undergrounding of service laterals using utility underground funds or California Public Utilities Commission (CPUC) Rule 20A monies as appropriate. Scott Baker, Director of Engineering and Building, indicated that with the revised District, additional poles would be removed and this would add aesthetically to the Lark Avenue/Los Gatos Blvd. improvement district. There was no one in the audience wishing to speak to this issue. TC:D5:MM070693 July 6, 1993 Los Gatos, California HEARINGS CONTINUED UNDERGROUND UTILITIES CONT. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to close the public hearing. Carried by a vote or 4 ayes. Mr. O'Laughlin was absent. The Senior Deputy Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to waive the reading. Carried by 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 9302, IN THE LOS GATOS BOULEVARD (LARK AVENUE THROUGH SAMARITAN WAY) AREA. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council approve the policy which allows undergrounding of service laterals using Utility Underground funds or California Public Utilities Commission (CPUC) Rule 20A monies as appropriate. Carried by 4 ayes. Mr. O'Laughlin absent. KENNEDY ROAD 16221/PLANNED DEVELOPMENT/ORDINANCE INTRO/HEARING (28.09) Mayor Benjamin stated that this agenda item required re opening the public hearing since the matter is a zone change to a planned development overlay and, as such, the public is entitled to testify on the changes. The hearing is to consider planning commission recommendation for approval of a change of zone from RC (Resource Conservation) to HR- 1-PD for approximately 18 acres of property. Action may include making negative declaration ND-90-5, adoption of the mitigation monitoring plan and introducing ordinance (zone change application Z-90-2A). The property is located at 16221 Kennedy Road. Property owner is Robert Weir. The following people from the audience spoke to this issue: John Lien, 196 College Avenue referred to four items listed on the staff report which Council requested applicant address. (1) Open space on Kennedy Road has been expanded by extending the area to 69 feet, an increase of 20 feet. (2) A 40 foot setback on Lot 1 has been incorporated. (3) Mitigation and safe fencing for deer is addressed. (4) Creek access TC:D5:MM070693 July 6, 1993 Los Gatos, California for deer provided. Mr. Attaway requested a 5 year landscaping and irrigation maintenance agreement coincide with the installation of street and sidewalk improvements, and that these improvements be installed as quickly as possible when development begins. Mrs. Lubeck asked that the trails system be included in the project. Phyllis Weber, 16140 Kennedy Road, is not in favor of requiring ivy and expects to see a variety of quality fencing in the area. Tom Liolios, 167 Teresita Way, expressed continuing concerns regarding the traffic impact on Kennedy Road. TC:D5:MM070693 July 6, 1993 Los Gatos, California HEARINGS CONTINUED KENNEDY ROAD 16221/PLANNED DEVELOPMENT/CONT. Rolf Bondelie, 16220 Kennedy Road, feels that the project is moving ahead with undue speed and that the density is too high for the area, and he is against the planned development idea or clustering, and would like to see a minimum of one acre lots. There was no one else from the audience wishing to speak to this matter. Motion by Mr. Blanton, seconded by Mr. Attaway to close the public hearing. Carried by 4 ayes. Mr. O'Laughlin absent. Mr. Attaway's request for an irrigated landscape requirement to be added to Page 8 of the draft ordinance under Section 27e "Open Space Area. Trails, bridge, signing and irrigated landscaping on public land, as required." Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council make the Negative Declaration ND-90-5 with no EIR required, based upon the fact that the mitigation measures are identified in Exhibit F of Attachment 2, the Environmental Impact Review, prepared by Environmental Sciences Associates, along with the Mitigation Monitoring Plan as set forth in Exhibit D of Attachment 2, which reduces the project's impacts to less then significant levels and therefore an environmental impact report is not required. Carried by 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council find that the Zone Change is consistent with the General Plan and the Hillside Specific Plan and that the land use section of the Hillside Specific Plan encourages the clustering of homes to preserve the scenic nature. The Hillside Specific Plan only allows the reduction of minimum lot sizes if we do cluster and minimum lot sizes within the Hillside Specific Plan and within the General Plan for this area are designated as one acre normally, or zero to one dwellings per net acre. Based upon the slop density formula delineated in the Zoning Ordinance, 15 homes could be built on this site. This plan provides trails and open space as is called for in the Hillside Specific Plan, and much of the surrounding area is a consistent density of one acre sites, or net one acre sites, thus making the zone designation of HR 1:PD consistent with both the General Plan and the Hillside Specific Plan. The finding of Community Benefits include those already stated and the provision of trails, open space and needed improvements to Kennedy and Forrester Roads. Incorporated by reference are the statements and findings made by the Planning Commission and delineated in their minutes. Carried by 4 ayes. Mr. O'Laughlin absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California The Senior Deputy Clerk read the title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried by 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to introduce Draft Ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO 140 FROM RC TO HR-1:PD FOR THE PROPERTY LOCATED AT 16221 KENNEDY ROAD which includes the addition of irrigated landscaping to Page 8, Section 27e of the Draft Ordinance. Carried by 4 ayes. Mr. O'Laughlin absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California HEARINGS CONTINUED KENNEDY ROAD 16221/PLANNED DEVELOPMENT CONT. Motion by Mr. Blanton, that at the time of architecture and site approval a landscape plan showing the proposed landscaping and adjacent open fencing shall be submitted for Town approval. Motion died for lack of second. MINUTES OF JUNE 7, 1993 (26A.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt the Minutes of June 7, 1993 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. MINUTES OF JUNE 14, 1993 (26B.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt the Minutes of June 14, 1993 as corrected by adding to paragraph three, on page six, the following: "Mayor Benjamin spoke regarding the parking control program. This program should only follow after the managers of the businesses enforce the employee parking in the long term parking lots which the Town has provided for employees". Carried by a vote of 4 ayes. Mr. O'Laughlin absent. MINUTES OF JUNE 21, 1993 (26C.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt the Minutes of June 21, 1993 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SECONDARY UNITS/R-1 ZONES/LEGALIZE EXISTING (27.16) Mayor Benjamin stated that this was the time and place duly noted to consider report in response to letter from Robert Boschert regarding reopening the window to legalize existing illegal secondary units or allowing new secondary units in the R-1 zones. Robert Boschert, 16310 Shannon Road, explained that secondary units are legal in most of the County and that reference to County pockets was left out of Los Gatos' legalization plans of 1985 and 1987. At present there is no process in place to legalize units if someone from the County annexes to Los Gatos. He asked that the rules that applied previously within the Town boundaries be used for new county annexations. Motion by Mr. Attaway, seconded by Mr. Blanton to direct staff to initiate an amendment to the Secondary Dwelling Unit Ordinance that would allow County properties with secondary units that can be annexed to the Town, to apply for a Secondary Dwelling Unit Permit using the 1983 date. This will include the three criteria listed in the staff report. Carried by 4 ayes. TC:D5:MM070693 July 6, 1993 Los Gatos, California Mr. O'Laughlin absent. Mr. Attaway feels that this action sends a positive message to County residents regarding annexation to the Town, and will indicate that the Town wishes to be cooperative when county residents petition to annex to Los Gatos. TC:D5:MM070693 July 6, 1993 Los Gatos, California LOS GATOS-ALMADEN RD 16055/SINGLE FAMILY HOUSE/RELOCATION/HEARING (29.09) Mayor Benjamin stated that this was the time and place duly noted to reconsider Town Council motion regarding request for approval of plans to relocate an existing single-family residence as part of a planned development application for a change in zone from R-1:8000 to R-1:8000-PD Zone, Zone Change Application Z-87-4A. Property located at 16055 Los Gatos-Almaden Road. Property owner, Joseph E. Louis and Jeffery Osborn. Applicant: Los Gatos Pines Partnership. The following person from the audience spoke to this issue: Mr. Joseph Louis, owner of development, clarified options available to development of property and chose Option 4 as delineated in the staff report and corresponding ordinance. No one else from the audience addressed this issue. Mayor Benjamin explained the proposed Ordinance, Option 4 of the staff report. To avoid any confusion on the applicants part she questioned and clarified with Mr. Louis the Option 4 he had chosen regarding the improvements to the school property. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council take Draft Ordinance number 4 under discussion. Carried with a vote of 3 ayes. Mr. Attaway voted no. Mr. O'Laughlin absent. The Senior Deputy Clerk read the title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried by 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 TO R-1:8-PD FOR PROPERTY AT 16055 AND 16035 LOS GATOS-ALMADEN ROAD, and identified as Attachment 4 of the staff report. Carried with a vote of 3 ayes. Mr. Attaway voted no. Mr. O'Laughlin absent. FOSTER ROAD 17975/WESTERN CALIFORNIA UNIVERSITY/RESOLUTION 1993-103 (30.09) Mr. Bedolla, 1175 University Ave., San Jose, representing owner, Dr. Ho, asked Council to reconsider the resolution and allow the project to proceed using existing access road. TC:D5:MM070693 July 6, 1993 Los Gatos, California Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- 103, entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO MODIFY CONDITIONS OF APPROVAL INCLUDING THOSE RELATING TO PROPERTY ACCESS AND TO ALLOW THE USE OF FOSTER ROAD AS PRIMARY ACCESS, CONDITIONAL USE PERMIT APPLICATION U- 84-6B, which incorporates the findings and decision of the Town Council at its meeting of June 7, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California AMPLIFIED SOUND/PICKETING RESIDENCE/URGENCY ORDINANCE 1949 (31.46) Mayor Benjamin stated that this was the time and place duly noted to consider introducing and adopting an urgency ordinance amending the Town Code dealing with amplified sound and adding a new section to limit focused picketing of a residence. The following people from the audience spoke to this issue: Judith Anton, 1049 Lucot Way, Campbell, spoke of home as an oasis from the tensions of every day life and is in favor of this ordinance. Steve Glickman, 145 Maricopa Drive, spoke of security in ones home and the balance of free speech rights. He is in favor of the draft ordinance. No one else from the audience addressed this issue. The Senior Deputy Clerk read the Title of the Urgency Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading of the Draft Urgency Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce and adopt Urgency Ordinance 1949 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 16.20.040 OF THE TOWN CODE REGULATING AMPLIFIED SOUND AND ADDING A NEW SECTION 18.50.100 TO LIMIT FOCUSED PICKETING OF A RESIDENCE. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COMMUNITY DEVELOPMENT BLOCK GRANTS/CDBG/RESOLUTION 1993-97 (15.19) Mayor Benjamin appointed Mrs. Lubeck to work with Town Attorney and Community Services Director to simplify the format of the agreements used by the Town when granting CDBG funds to appropriate agencies. Motion by Blanton, seconded by Attaway, that Council adopt Resolution 1993-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS WITH FY 1993-94 NONPROFIT GRANTEES. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. BLOSSOM HILL ROAD 15651/DENY APPEAL/RESOLUTION 1993-98 (16.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY .96 ACRE PARCEL INTO THREE LOTS IN THE R- 1:8,000 (PREZONE) ZONE/SUBDIVISION APPLICATION M-91-14, and deleting Item G. Carried by a vote of 3 ayes. Mr. Blanton voted no. Mr. O'Laughlin was absent. COMMUNITY SERVICES COMMISSION MEMBERSHIP TERMINATING YOUTH ADVISORY COMMISSION/RESOLUTION 1993-99 (17.20) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1993-99 TC:D5:MM070693 July 6, 1993 Los Gatos, California entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE COMMUNITY SERVICES COMMISSION MEMBERSHIP AND TERMINATING THE YOUTH ADVISORY COMMISSION, which incorporates the following: Two youth members will be added to the existing nine member Community Services Commission making the total membership eleven; The announcement of vacancy for the Community Services youth members shall be advertised in August so that the youth term will run for a year from the first Council meeting in October; The Park Commission shall also announce in August and have the youth term run from an October appointment. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California OPEN SPACE MAINTENANCE DISTRICT NO. 1/TRACT 3026/TRACT 3162 HILLBROOK DRIVE/FAIRMEAD LANE/ASSESSMENTS (18.04) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council continue this item to August 2, 1993 so as to contact and send staff reports to the affected property owners. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TOWN COUNCIL MEETING SCHEDULE/FY 1993-94/REVISED (32.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the revised Town Council Meeting Schedule for 1993-94 Fiscal Year, adding the September 13th Study Session and deleting the regular meeting on October 18th due to the League of California Cities Conference. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SANTA CLARA CITIES ASSOCIATION/MAY 13TH COMPENSATION WORKSHOP (33.17) Council collectively expressed interest in all of the topics listed for possible follow up workshops to be offered by the SCC Cities Association. Mayor Benjamin reported on the meeting on June 28th regarding the General Plan Amendment. There were over 40 ideas expressed including thoughts on property values, freeway construction and intensification of use. The General Plan, seen as a visionary plan, offers itself to numerous alternative proposals, and those ideas that were expressed will be before Council on July 19th in the form of a staff report on the June 28th meeting. The mayor felt that The General Plan Committee should begin meeting in the Council Chambers and request that the paper mention these meetings so as to be more visible to the interested public, although all meetings are now public and all agendas are posted on the Town bulletin board and in the Library. Mr. Attaway reported on the Community Housing and Development meeting and the possibility of a large decrease in funding due to two cities leaving the group as their population increase has dictated. All other cities will have an increase in funds with the new formula, except for Los Gatos. This is not completely decided yet and there is still a possibility of Los Gatos being unaffected. Mr. Attaway attended the Traffic Authority meeting and expressed the opinion that the risk of depending on the Measure A funds while they are tied up in a legal conflict should be considered on a month to month basis. He was outvoted by fourteen to two and feels that public funds have been put at risk. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mr. Blanton, to adjourn this evening's meeting at 9:50 p.m. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM070693 July 6, 1993 Los Gatos, California ATTEST: MarLyn J. Rasmussen Senior Deputy Clerk TC:D5:MM070693