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M 07-18-94TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 18, 1994 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 7:45 p.m., Monday, July 18, 1994, in regular session. ROLL CALL Present:Steven Blanton, Linda Lubeck and Vice Mayor Patrick O'Laughlin. Absent:Joanne Benjamin and Mayor Randy Attaway. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION The Council did not meet in closed session this evening. APPOINTMENTS/HISTORIC PRESERVATION/TRAILS AND BIKEWAYS COMMUNITY SERVICES/SHELDON BLICKMAN/TRACY LE BLANC/JOHN FONT (00.20) Interviews were held for two vacancies on the Community Services Commission; one vacancy on the Historic Preservation Committee; and one vacancy on the Trails and Bikeways Committee. Voting was held and the following persons were appointed: Sheldon Blickman and Tracy LeBlanc COMMUNITY SERVICES COMMISSION No Applications HISTORIC PRESERVATION COMMITTEE John Font TRAILS & BIKEWAYS COMMITTEE Motion by Mr. Blanton, seconded by Mrs. Lubeck, to readvertise for the one vacancy on the Historic Preservation Committee. Carried by three votes. Mayor Attaway and Mrs. Benjamin absent. PRESENTATION/JIMMY DEENIHAN/SISTER CITY/DUBLIN, IRELAND (000.20) Vice Mayor O'Laughlin introduced Mr. Jimmy Deenihan from Daie Eireann, Dublin, Ireland who spoke to the Council about our sister city relationship which Los Gatos enjoys with Listowel in County Kerry, Ireland, and the similarities between the two Towns. PRESENTATION/SANTA CLARA COUNTY TRAFFIC AUTHORITY (XX.40) Eileen Goodwin, Executive Director of the Santa Clara County Traffic Authority gave an up date and overview regarding the draft 1994 Traffic Authority Strategic Plan. Ms. Goodwin thanked the Town staff for all the time and resources which they contributed to the Route 85 freeway. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D6:MM071894 PLANNING DEPARTMENT/COUNTY REFERRALS (02.47) Approved informational report regarding County Referrals. TC:D6:MM071894 July 18, 1994 Los Gatos, California PAYROLL RATIFICATION/JUNE-JULY 1994 (03.V) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council ratify the check register for the payroll of June 19, 1994 through July 2, 1994 paid on July 8, 1994 in the amount of $291,427.99. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. ACCOUNTS PAYABLE/RATIFICATION/JUNE-JULY 1994 (04.V) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on June 30, 1994 and July 8, 1994 in the amount of $306,283.64. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. TREASURERS REPORT (05.V) Accepted Treasurer's Report as of May 31, 1994. TOWN COUNCIL MINUTES/JULY 5, 1994 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt the minutes of July 5, 1994. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. TRACTOR EQUIPMENT SALES/CASE BACKHOE/RESOLUTION 1994-101 (07.28) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TRACTOR EQUIPMENT SALES FOR REPAIRS TO BACKHOE. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. GTE CUSTOMER NETWORK/NORSTAR SWITCH/RESOLUTION 1994-102 (08.24) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH GTE CUSTOMER NETWORKS TO UPGRADE CURRENT NORSTAR SWITCH. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. ASSESSMENT/OPEN SPACE MAINTENANCE DISTRICT # 3/TRACK 8280/VASONA HILLS 300 BLOSSOM HILL ROAD/RESOLUTION 1994-104 (10.04) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT NO. 3. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. HEAVY VEHICLE/PERMIT FEE/ROAD IMPACT FEE/ORDINANCE 1984 (11.46) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Ordinance 1984 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. TC:D6:MM071894 July 18, 1994 Los Gatos, California COLLECTION/COUNTY/AB939 IMPLEMENTATION FEE/RESOLUTION 1994-105 (12.05) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR THE COUNTYWIDE AB 939 FEE. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. ALCOHOL/OPEN CONTAINER/ORDINANCE INTRODUCTION (13.43) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce an Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.015 TO PROHIBIT POSSESSION OF AN OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. The Clerk read the title. NONPOINT SOURCE PROGRAM FUND #220/$150,000 FROM GENERAL FUND (14.05) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council approve a non interest bearing loan of $150,000 from the general fund #100 to the Nonpoint Source Fund #220. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. SAN JOSE WATER/REVOCABLE LICENSE/PUMPING STATION/CENTRAL AVE JACKSON STREET/RESOLUTION 1994-106 (15.37) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING ADDENDUM NO 1 TO REVOCABLE LICENSE AGREEMENT WITH SAN JOSE WATER COMPANY FOR USE OF THE TOWN PROPERTY LOCATED AT CENTRAL AVENUE AND JACKSON STREET AND AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM NO.1. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. LEASE AGREEMENT/LIBRARY COPY MACHINES (16.28) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council authorize the Town Manager to sign a lease agreement with Pitney-Bowes providing two copy machines in the Library and to increase revenue account #100-46093 by $3,135.00 and expense account #8510-61004 by $3, 135.00. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. PARKING LOT #1/THREE HOURS/TEN SPACES/RESOLUTION 1994-110 (17.41) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING A THREE HOUR PARKING ZONE FOR THE TEN (10) PARKING SPACES IN THE NORTHEAST CORNER OF PARKING LOT NO. 1, ADJACENT TO BAKER'S QUARE RESTAURANT. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. AWARD OF BID/SAN JOSE BLUEPRINT/HP DESIGN JET (18.28) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council award the bid to San Jose Blueprint with the lowest responsible bid of $9,889.52, a demonstration credit of $300.00, and a trade-in credit of $800.00, for a net cost of $8,789.52. Carried by three votes. Mrs. Benjamin and TC:D6:MM071894 July 18, 1994 Los Gatos, California Mayor Attaway absent. TC:D6:MM071894 July 18, 1994 Los Gatos, California PROJECT 9328/LOS GATOS CREEK TRAIL/REJECT BIDS/RESOLUTION 1994-107 (19.35) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REJECTING BIDS RECEIVED ON PROJECT 9328 WITHOUT PREJUDICE, AND AUTHORIZING THE TOWN MANAGER TO RENEGOTIATE WITH B&B CONCRETE AND GEORGE BIANCHI CONSTRUCTION, and item will be continued to the next regularly scheduled Town Council meeting of August 1, 1994. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. HEARINGS WOOD ROAD/SOUTH OF MANZANITA AVE/PRE-ZONE HR-5/HEARING (20.09) Vice Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider introduction of an ordinance to pre-zone a five acre parcel located in the unincorporated area of Town south of Manzanita Avenue, West of Highway 17 to HR-5 (Hillside Residential, 5 to 40 acres per dwelling unit), Zone Change Application Z-93-1. Located on Wood Road. Property Owner: David Ebrahimoun. This matter has been initiated by the Town of Los Gatos and was continued from March 21, May 16, and June 6, 1994. The following people spoke to this issue: David Ebrahimoun submitted a vicinity map of the area which highlights the project site and other areas which are zoned HR-1. Mr. Blanton confirmed that Mr. Ebrahimoun was asking for only two lots at this time and not the three or four lots which he had asked for in the past. Jean Ebrahimoun indicated that their goal was not to change the hillside but to enhance it with their project. Andrew Southern, 125 Wood Road, is in favor of only one lot on the property. He is concerned about the access and visual appearance of the hill as well as the drainage aspects of the water. Andrew Durkins, 138 Wood Road, is in favor of only one lot on the property. He is also concerned about the drainage of the water and the slides that occur because of the terrain. He feels the look of the whole area would be changed if a lot of development where to occur. David Ebrahimoun indicated that it was their intention to improve the area with the design of the house since they planned to reside on the property. Vice Mayor O'Laughlin qualified that what was before Council was to introduce an Ordinance to pre-zone the property to HR-5 and that there was no proposal to divide the property into two lots or anything else. Mr. Blanton questioned if the Council had the ability this evening to zone the property to HR- 1. Mr. Bowman stated that the matter would have to be referred back to the Planning Commission since the only matter which was advertised was HR-5. Mr. Blanton confirmed that if the owner wanted to come back at some time in the future they could ask for a zone change to HR-1. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to close the public hearing. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. TC:D6:MM071894 July 18, 1994 Los Gatos, California HEARINGS CONTINUED WOOD ROAD CONT. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin to find that the Zone Change is consistent with the General Plan and the Hillside Specific Plan. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Mr. O'Laughlin indicated his support for the motion because he feels there are significant problems with this site in terms of access and if and when it comes back for architecture and site application that the difficulties be kept in mind so that it is in compliance with the Hillside Specific Plan and something which would reduce the visability of any structure constructed on that section of hillside. The Clerk read the title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Motion by Mrs. Lubeck, seconded by Vice Mayor O'Laughlin, to introduce Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO 139 FROM NO ZONE TO PRE-ZONE HR-5 FOR THE PROPERTY LOCATED ON WOOD ROAD SOUTH OF MANZANITA AVENUE, WEST OF HIGHWAY 17. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. GENERAL PLAN AMENDMENTS/GP-94-1/RESIDENTIAL DENSITY/GP-94-2/NON-POINT SOURCE/GP-94-3/TRAFFIC MEDIANS/HEARINGS (21.46) Vice Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider adopting Resolution Amending the General Plan on the following issues: A. General Plan Amendment GP-94-1, Negative Declaration ND-94-2. Amending the Land Use Map of the General Plan changing the land use designation of the remnant parcel from Route 85 located at Pollard Road from Low Density Residential (0-5 dwelling units per acre) to Medium Density Residential (5-12 dwelling units per acre). Property Owner: Santa Clara County Traffic Authority. Applicant: Town of Los Gatos. B. General Plan Amendment GP-94-2, Negative Declaration ND-94-2. Amending the Conservation and Historic Preservation Element of the General Plan to include policy addressing Non-point Source Pollution Control Programs. Applicant: Town of Los Gatos. C. General Plan Amendment GP-04-3, Amending the Circulation Element of the General Plan deleting language that calls for traffic medians on Winchester Boulevard north of Shelbourne Way and on University Avenue north of Blossom Hill Road. Applicant: Town of Los Gatos. Vice Mayor O'Laughlin proposed that because of the importance of General Plan amendments that any and all comments be heard this evening and that the matter be continued to the next regular Town Council meeting on August 1, 1994 when a full Council would be present. Item A Jo Bartlett, 166 Oak Hill Way, supports a Pollard Road area zoning of from 5 to 12 dwellings per acre which are affordable for low and moderate income families. TC:D6:MM071894 July 18, 1994 Los Gatos, California HEARINGS CONTINUED GENERAL PLAN AMENDMENTS CONT. ITEM A cont. William Phillips, 102 Abbey Wood Court, indicated that the Los Gatos Woods Homeowners Association would like to purchase the subject property from the Santa Clara County Traffic Authority so that their Association can add additional parking space, and he feels the property is not conducive to putting a lot of houses on because of access. Item B There was no one from the audience wishing to speak to this matter. Item C There was no one from the audience wishing to speak to this matter. Motion by Mr. Blanton, seconded by Mrs. Lubeck to continue this matter to August 1, 1994. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. TOP OF THE HILL 15299/SINGLE FAMILY RESIDENCE/APPEAL (22.09) Vice Mayor O'Laughlin 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 approval of plans to construct a single family residence on property in the RC (Prezone) zone. Architecture and Site application S-88-65A. Property location: 15299 Top of the Hill. Property owners: Dr. and Mrs. Jamshidi. Applicant: Camargo & Assoc. Architects. Town Attorney, Larry Anderson stated for the applicants information, that three votes were required in order for the Council to overturn a decision of the Planning Commission and therefore it would take a unanimous vote this evening to modify or reverse the Planning Commissions decision since Mrs. Benjamin and Mayor Attaway were absent tonight. The following people addressed this issue: Vice Mayor O'Laughlin restated the three vote requirement to the applicant and asked if they wished to request a continuance in order to have all Council Members present. Mr. Camargo indicated that they wished to proceed with the hearing tonight. Jerry Emmery, Landscape Architect for the project, 370 Hill Street, San Luis Obispo, indicated that they had followed the Hillside standard process for determining the appropriate location for the house on the site. The visual impact of the house was given strict consideration and that the criteria of the Hillside Plan had been adhered to. Locating the house deeper into the valley, in the least restricted area, would cause extensive grading and excavation in order to provide the driveway. Mr. Emmery indicated that the total site is outside of the riparian corridors and that the site chosen was sensitive to the environment. Mr. Emmery pointed out that additional criteria in the Hillside Specific Plan states that there should be a minimum of cut and fill and all the areas in the project which require cut and fill are contained with low stone retaining walls and are screened with vegetation. Therefore he feels this site is appropriate and suitable and conforms to the Hillside Specific Plan. Mr. Blanton questioned whether the proposed tennis court was to be lighted. Mr. Emmery indicated that the lights were not proposed until the vegetation reached approximately twenty feet high. TC:D6:MM071894 July 18, 1994 Los Gatos, California HEARINGS CONTINUED TOP OF THE HILL CONT. Speakers cont. Mr. Camargo referred to four pictures which had been taken from the Valley floor which shows the existing trees on the site and how the house would be camouflaged by the trees. He also indicated that they had moved the house ten feet lower and eight feet down and had also shifted the house four feet in order to keep all the existing trees. Mrs. Jamshidi spoke to the neighbors concerns about the gate and indicated that the driveway was pre existing. She feels that they have met three of the four criteria in the Hillside Specific Plan and that they have tried to do as the Town has requested. Mrs. Lubeck questioned staffs concern regarding the paint color. Mr. Bowman indicated that it had been included as a deed restriction in order to enforce the condition. Larry Anderson, Town Attorney indicated that the reason for doing the deed restriction was to legally put any future buyer on notice regarding the condition. He also indicated that a lot of agencies were now recording the entire list of conditions of approval to put all future buyers on notice. Mr. Blanton would like to see the issue regarding the lights of the tennis court to be included on a deed restriction. Mr. Bowman, Planning Director, indicated that the Town has not approved any lighting on tennis courts for at least fifteen years. Motion by Mrs. Lubeck, seconded by Mr. Blanton to close the Public Hearing. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Vice Mayor O'Laughlin asked for clarification on the Williamson Act as it pertains to this property. Mr. Bowman stated that the pre zone for the Williamson Act would be RC and if the property was released from the Williamson Act then a zone change would be appropriate. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to reverse the Planning Commission's decision and find that the Planning Commission erred by not considering the fact that the applicant complied with three of the four criteria of the Hillside Specific Plan and that they concentrated too much on the ridge line. Mr. Blanton and Mrs. Lubeck voting Aye. Mr. O'Laughlin voted No. Mrs. Benjamin and Mayor Attaway absent. Motion failed two to one for lack of the three votes required to over rule a decision of the Planning Commission. Vice Mayor O'Laughlin stated that he voted against the motion because he feels that homes in the proximity of the ridge line should be as inconspicuous as possible. He therefore agrees with the Planning Commissions comments and decision. He feels that 8000 sq. ft. houses are excessive in the hillside. LANDSCAPING & LIGHTING DISTRICT # 2/GEMINI COURT/RESOLUTION 1994-108 (23.04) Vice Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments, and levying and authorizing collection of assessments for Landscaping and Lighting Assessment District No. 2 - Gemini Court, for Fiscal Year 1994-1995. TC:D6:MM071894 July 18, 1994 Los Gatos, California HEARINGS CONTINUED GEMINI COURT CONT. The following person addressed this issue: Raymond Nasmeh, representing Coffey Development and Fox & Carskadon thanked the Council and indicated his appreciation for the Town Staff and the work they did with this project. He indicated that many people on Gemini Court are concerned about the assessment although he welcomes the reduction in fees and feels the assessment is a fair one. There was no one else wishing to speak to this matter. Motion by Mrs. Lubeck, seconded by Mr. Blanton to close the Public Hearing. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton to adopt Resolution 1994-108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 - GEMINI COURT FOR FISCAL YEAR 1994-1995. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. LANDSCAPING & LIGHTING DISTRICT # 1/BLACKWELL DR/RESOLUTION 1994-109 (24.04) Vice Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments, and levying and authorizing collection of assessments for Landscaping and Lighting Assessment District No. 1 - Blackwell Drive benefit zone, for fiscal year 1994-1995. There was no one in the audience wishing to speak to this matter. Mrs. Lubeck asked if the $5,659.93 listed as the reserved fund balance was for a specific item. Mr. LaRocca indicated that it was not for any specific item. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to close the public hearing. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Motion by Mr. Blanton, seconded by Mrs. Lubeck to adopt Resolution 1994-109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.1 - BLACKWELL DRIVE BENEFIT ZONE FOR FISCAL YEAR 1994-1995. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. QUITO ROAD BRIDGE WIDENING/1994-1999 CAPITAL IMPROVEMENT PROGRAM (25.35) Mr. Blanton indicated his concern about having to replace the bridge so soon after its initial construction last year. Mr. Knapp, Town Manager, responded that the actual vehicle traffic bridge was constructed in 1915 and the construction of the pedestrian bridge last year was meant to be a temporary solution for school children crossing the bridge. It was always the intent to replace the vehicle and pedestrian bridge in the near future. TC:D6:MM071894 July 18, 1994 Los Gatos, California QUITO ROAD BRIDGE CONT. Mr. O'Laughlin indicated that the short term pedestrian bridge was just a stop-gap measure and was a portable and temporary structure which could be moved when the vehicle bridge was constructed. He can therefore support the land acquisition, design and preliminary work which will be accomplished at this time. Mrs. Lubeck is concerned about reducing the sidewalk program and would like to some other form of revenue used for the completion of the Quito Bridge project. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin to accept the report and to reduce 1994- 1995 Capital Improvement Project budget account #4480-85305 Sidewalk Program from $125,000 to $115,000 and transfer $10,000 to 1994-1995 CIP Budget - Road Safety 4480-85315. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin to accept the report and to reduce 1995- 1996 CIP Budget Account #4480-85305 Sidewalk Program from $250,000 to $205,000 and transfer $45,000 to 1994-1995 CIP Budget - Road Safety 4480-85315 which includes $5,000 contingency. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. VEHICLE REPAIR/RESTRICTIONS ON RESIDENTIAL LOTS (26.46) Mr. Blanton indicated that due to a personal conflict regarding this subject matter he would not take part in the discussion nor vote on the matter. However, he will remain on the dias so that the Council will have a quorum for discussion purposes. Mrs. Lubeck suggested that Council should take input from the public on this matter this evening but, due to the absence of two Council Members and Mr. Blanton's abstention, the matter should be continued to allow for full Council participation. The following people spoke to this issue: Joe Moss, 213 Gregg Drive, spoke against restrictions on home vehicle repair due to the number of people who enjoyed restoring antique vehicles as a hobby. He also feels that there are restrictions that can be put in place to prevent junk yard operations and commercial vehicle repairs in residential zones. Stephanie Maloney, 205 Oakwood, spoke regarding Jim Powell's residence which, she feels, has been singled out for the restrictions in the proposed Ordinance. Ms. Maloney presented a petition signed by thirteen neighbors who support Jim Powell and testify to the esthetics of his property. Ms. Maloney feels the complaint made has been initiated due to a personal vendetta by one neighbor. Peter Seimens, 69 Ellenwood Avenue, spoke against restrictions on home vehicle repair which could restrict the hobbyist from restoring antique vehicles or repairing personal vehicles. Mr. Seimens feels that there are two separate issues, one being the home repair/hobby issue and the other being commercial business in residential zones. Mr. Seimens offered to assist the Council and staff in drafting an Ordinance which would address both issues. Richard Leech, 127 Belridge Drive, spoke in favor of an Ordinance which would limit vehicle repairs to automobiles not owned by the property owner. He feels minor repairs should be allowed but should be done inside a garage and not in public view. No one else from the audience addressed this issue. TC:D6:MM071894 July 18, 1994 Los Gatos, California VEHICLE REPAIR CONT. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to continue this matter to Tuesday, September 6, 1994. Carried by two votes. Mr. Blanton abstained. Mrs. Benjamin and Mayor Randy Attaway absent. ASSESSMENT/OPEN SPACE MAINTENANCE DISTRICT #2/SANTA ROSA HEIGHTS TRACT 8400/RESOLUTION 1994-103. (09.04) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT NO. 2. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. ADJOURNMENT Motion by Mr.Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 10:25 p.m. Carried by three ayes. Mrs. Benjamin and Mayor Attaway absent. ATTEST: MarLyn J. Rasmussen Senior Deputy Clerk TC:D6:MM071894