M 11-20-89TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 20, 1989
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 7:45 p.m., Monday, November 20, 1989, 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.
YOUTH ADVISORY COMMISSION/APPOINTMENTS/ANADA SABOLD/KRISTEN SWAN
Applications were received from Anada Sabold, Kristen Swan, Priya Satia, Julie Maxon,
Timothy Kelley and Grant Gartman who had previously applied for positions on the Parks
Commission. Voting was held and Anada Sabold and Kristen Swan were appointed to fill
the positions. Terms to expire June 30, 1990.
APPOINTMENTS/MAYOR: THOMAS FERRITO/VICE-MAYOR: BRENT VENTURA
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council appoint Thomas J.
Ferrito as Mayor of the Town of Los Gatos for term November 20, 1989 through November
19, 1990. Carried by a vote of 4 ayes. Mr. Ferrito abstained.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council appoint Brent N.
Ventura as Vice-Mayor of the Town of Los Gatos for term November 20, 1989 through
November 19, 1990. Carried by a vote of 4 ayes. Mr. Ventura abstained.
ARTS COMMISSION/PRESENTATION/PAUL GORENIUC
Mayor Ferrito presented commendation for service to the Town of Los Gatos while serving
on the Arts Commission to Paul Goreniuc.
PRESENTATIONS:
SANTA CLARA COUNTY BAR ASSOCIATION
SANTA CLARA COUNTY TRIAL LAWYERS ASSOCIATION
PROBONO PROJECT OF SANTA CLARA COUNTY
WEST VALLEY BAR ASSOCIATION
Mayor Ferrito presented commendations for service to the Town of Los Gatos and its
citizens during State of Emergency due to the Earthquake of October 17, 1989 to the
following representatives of local lawyers associations.
James E. Towery, President of the Santa Clara Bar County Bar Association
Mark Pierce, President of the Santa Clara County Trial Lawyers Association
John Hedges, President of the ProBono Project of Santa Clara County
Leroy Neider, President of the West Valley Bar Association
PRESENTATIONS CONTINUED:
EARTHQUAKE EMERGENCY ASSISTANCE COMMENDATIONS/RESOLUTIONS 1989-214
TO 1989-220
CENTRAL FIRE DISTRICT, RESOLUTION 1989-214
LOS GATOS CHAMBER OF COMMERCE, RESOLUTION 1989-215
LOS GATOS DOWNTOWN ASSOCIATION, RESOLUTION 1989-216
LOS GATOS POLICE RESERVES, RESOLUTION 1989-217
LOS GATOS EXPLORER POST 504, RESOLUTION 218
LOS GATOS-MONTE SERENO AMATEUR RADIO EMERGENCY SERVICE (ARES)
RESOLUTION 1989-219
RADIO AMATEUR CIVIL EMERGENCY SERVICES (RACES), RESOLUTION 1989-219
DISASTER AID RESPONSE TEAM (DART), RESOLUTION 1989-220
Mayor Ferrito presented commendations for service to the Town of Los Gatos and its
citizens during State of Emergency due to the Earthquake of October 17, 1989.
Douglas Sporleder, Chief of Central Fire District
Steve Friedman, President of the Los Gatos Chamber of Commerce
Joe Hargett, President of the Los Gatos Downtown Association
Chuck Adams, President of the Los Gatos Police Reserves
Andrew Dauber, President of the Los Gatos Police Explorer Post 504
Jim Atwood, Representative of Los Gatos-Monte Sereno Amateur Radio Emergency Service
and Radio Amateur Civil Emergency Service
Joe Perzinski, President of the Disaster Aid Response Team
Motion by Mrs. Benjamin, seconded by Mr Carlson, that Council adopt Resolutions 1989-
214, 1989-215, 1989-216, 1989-217, 1989-218, 1989-219, 1989-220 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING.....
CENTRAL FIRE DEPARTMENT
LOS GATOS CHAMBER OF COMMERCE
LOS GATOS DOWNTOWN ASSOCIATION
LOS GATOS POLICE RESERVES
LOS GATOS POLICE EXPLORER POST 504
LOS GATOS-MONTE SERENO AMATEUR RADIO EMERGENCY SERVICE
RADIO AMATEUR CIVIL EMERGENCY SERVICES
DISASTER AID RESPONSE TEAM
.....FOR SERVICE TO THE CITIZENS OF THE TOWN OF LOS GATOS DURING
EARTHQUAKE EMERGENCY. Carried unanimously.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session after the
last Council meeting on November 6, 1989 pursuant to Government Code Section
54956.9(c) to discuss continuing discussion of Pending Litigation regarding Institution of
Litigation on damaged buildings. There is no report from that discussion.
Prior to this evenings meeting Council met in Closed Session pursuant to Government Code
Section 54956.9(a) to discuss Kang Ming Ho vs. Los Gatos Town Council. There is no
report from that discussion.
CLOSED SESSION CONTINUED
Pursuant to Government Code Section 54956.9(b) Council met to discuss Significant
Exposure to Litigation with regard to the two items discussed there was first a finding of
significant exposure to litigation and then a discussion of the item. Concerning the Claim re:
Mobilhome Rent Control there is no report on that discussion. There is an item on this
evenings Council agenda concerning the adoption of the ordinance to provide vacancy
decontrol of mobilhome parks. The Claim re: Damaged Buildings was discussed and there
is no report from that discussion.
Pursuant to Government Code Section 54956.9(c) Council discussed Institution of Litigation
re: Damaged Buildings and there is no report from that discussion. Council also discussed
Institution of Litigation re: Library Site Acquisition and there is no report from that discussion.
SCHEDULE OF PUBLIC HEARINGS
Council accepted informational report regarding currently scheduled public hearings.
COUNTY REFERRALS
Council accepted informational report regarding previous referrals and appeals on the
following properties:
Projects Outside Urban Service Area
3136-24-47-87B
Black Road Spears Time Extension No
Comment
2036-35-49-83CC-85LA-89LA
14531 Arnerich Road Behroozi Lot Line Adjust.No Comment
4213-25-47-89LA
Black Road Argonaut Eng.Lot Line Adjust.No Comment
Projects Inside Urban Service Area
141-34-51-78B-87G-87B-87DR
Diduca Way Tavakolinori Design Review Grading Approval/4 Con.
3912-31-49-89DR
15785 Blackberry Hill Tomkiewicz Design Review See Report
3941-28-42-89LM-89V
17760 Navajo Trail Evans Variance See Report
4153-23-48-89V
20471 Black Road Evans Variance See Report
PAYROLL/RATIFICATION/NOVEMBER 3, 1989
Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of payroll in the
amount of $233,838.27 and accompanying check registers in the amount of $4,062.87 for
the period of October 15 through October 28, and paid on November 3, 1989. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 10, 1989
Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of check register in
the amount of $264,812.64 for accounts payable invoices paid on November 10, 1989.
Carried unanimously.
SIGNAL/AUDIO PEDESTRIAN/LOS GATOS BLVD/VAN METER SCHOOL
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the installation
of an audio pedestrian signal on Los Gatos Boulevard at the Van Meter School. Carried
unanimously.
SOUTH SANTA CRUZ AVE 22/CRIDER/NOTICE OF COMPLETION
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 22 South Santa Cruz Avenue. Carried unanimously.
PARKING/DOWNTOWN DISTRICT/LOTS #4 AND #9/NOTICE OF BID OPENING
Informational report to Council advising plans and specifications for Lots #4 and #9 of the
Downtown Parking District are available for contractors as of November 17, 1989 and bids
will be opened on December 20, 1989 at 3:00 p.m.
FORRESTER RD 204/REVOCABLE ENCROACHMENT/SINGH/RESOLUTION 1989-221
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
221 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING
FENCE IN PUBLIC RIGHT-OF-WAY ALONG 204 FORRESTER ROAD . Carried
unanimously.
EMERGENCY LOCAL/EXTENSION OF/RESOLUTION 1989-222
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
222 entitled, RESOLUTION OF THE TOWN OF LOS GATOS EXTENDING THE
EXISTENCE OF A LOCAL EMERGENCY, approving the extension of emergency in the Town
of Los Gatos. Carried unanimously.
HOUSING CONSERVATION PROGRAM/REVISED GUIDELINES/RESOLUTION 1989-223
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
223 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE HOUSING
CONSERVATION PROGRAM GUIDELINES, amending original guidelines adopted June 1,
1981. Carried unanimously.
BOONE LANE/PARKING DISTRICT/CILKER SMITH/GRANT DEED/RESOLUTION 1989-224
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
224 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING RIGHT OF
WAY AGREEMENT BETWEEN THE TOWN AND HAZEL CILKER SMITH AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT, and
authorizing acceptance of grant deed by the Town Engineer and recordation by the Town
Clerk. Carried by a vote of 3 ayes. Mr. Hamilton and Mayor Ferrito abstained due to
possible conflict of interest.
NEW YORK AVE/INTENT TO VACATE/MARIA'S BERRY FARM/RESOLUTION 1989-225
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
225 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING VACATION OF
A PORTION OF PUBLIC RIGHT-OF-WAY CALLED NEW YORK AVENUE (FROM THE
STATE RIGHT-OF-WAY FENCE TO 230 FEET SOUTHEASTERLY), for the purpose of siting
the buildings of Maria's Berry farm for Public Use, and set a Public Hearing for December
18, 1989. Carried unanimously.
UNION AVE 15537/DOWNING SHOPPING CENTER/EXPANSION/RESOLUTION 1989-226
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
226 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF
THE DECISION OF THE PLANNING COMMISSION GRANTING APPROVAL OF PLANS
TO EXPAND AN EXISTING SHOPPING CENTER TO ADD ADDITIONAL STORES,
RELOCATION EXISTING RESTAURANT AND TO CONSTRUCT ADDITIONAL PARKING
ON PROPERTY IN THE C-1 ZONE AND MODIFYING THE APPROVAL. (15537 UNION
AVENUE - DOWNING SHOPPING CENTER). Carried by a vote of 4 ayes. Mr. Carlson
abstained due to previous absence.
NICHOLSON AVENUE 315/MUHLHAUSER/RESOLUTION 1989-227
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
227 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF THE
PLANNING COMMISSION APPROVAL TO CONSTRUCT A SECOND-STORY ADDITION
TO AN EXISTING RESIDENCE IN THE R-1D-LHP ZONE, (315 NICHOLSON AVENUE -
NICHOLAS MUHLHAUSER). Carried by a vote of 4 ayes. Mr. Carlson abstained due to
previous absence.
PLAZA LA POSADA 241/MC MACKIN/RESOLUTION 1989-228
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1989-
228 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE
PLANNING COMMISSION THE APPEAL OF A DECISION OF THE PLANNING
COMMISSION GRANTING APPROVAL OF PLANS TO CONSTRUCT A NEW SINGLE
FAMILY RESIDENCE IN THE R-1:10,000 ZONE, (241 PLAZA LA POSADA - RONALD
HAAS/E.J. GEORGE). Carried by a vote of 4 ayes. Mr. Carlson abstained due to previous
absence.
HORSE-DRAWN VEHICLES/TOWN CODE/CHAPTER 29/ARTICLE VI/ORDINANCE 1802
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Ordinance 1802
entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VI TO
CHAPTER 29 OF THE LOS GATOS TOWN CODE RELATING TO REGULATION OF
HORSE-DRAWN VEHICLES. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito
voted no, as so stated in previous record.
MOBILE HOME PARKS/DEREGULATION OF RENT INCREASES
ORDINANCE 1803/RESOLUTION 1989-210
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Ordinance 1803
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE RENT
MEDIATION AND DISPUTE ORDINANCE TO DEREGULATE RENT INCREASES ON
MOBILE HOME PARK VACANCIES, which was introduced at the Town council meeting of
November 6, 1989, and that Council adopt Resolution 1989-210 entitled, RESOLUTION
AMENDING THE LOS GATOS RENTAL MEDIATION REGULATIONS TO DEREGULATE
RENT INCREASES ON MOBILE HOME PARK VACANCIES. Carried by a vote of 4 ayes.
Mr. Carlson abstained due to previous absence.
VERBAL COMMUNICATIONS
Frank Brandes, Councilmember from the City of Pleasanton, brought a donation of $10,000
to the Town of Los Gatos from the citizens of his community for earthquake relief during this
time of local emergency. Mayor Ferrito thanked the Councilmember and City of Pleasanton
for their
thoughtfulness and acknowledged the City of Signal Hill who contributed $2,500 and the City
of Santa Fee Springs who had given $7,000.
HEARINGS
EAST MAIN STREET 27/ILHAM ARIF/BEER-WINE LICENSE
REQUEST/HAI-THAI/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider the appeal of a decision of the Planning Commission in denying a request to serve
beer and wine as part of an existing restaurant operation in the C-2-LHP zone. Property
located at 27 E. Main Street. Property Owner, Cal-Irish. Applicant, Ilham and Mina Arif.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this item to February 20,
1990, to allow additional time to develop a report addressing the Council's questions and
concerns in allowing the approval of serving alcoholic beverages as part of a restaurant
operation. Carried unanimously.
GREENRIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER/
GROUND WATER/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision
concerning ground water as the possible cause for tree damage on their property.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this hearing to
December 4, 1989 in order for the California Regional Water Quality Control Board to re-
investigate the concerns raised by Duane and Susan Fish to determine if sewage is the
cause of the death of trees on their property. Carried unanimously.
RECYCLING/CURBSIDE/UNLIMITED SERVICE/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider solid waste collection services and curbside recycling including unlimited collection
and adoption of resolution authorizing the Town Manager to enter into an agreement with
Green Valley Disposal for implementation of curbside recycling program.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this item to
December 4, 1989 to consider solid waste collection services and curbside recycling,
including unlimited collection and adoption of the resolution authorizing the Town Manager to
enter into an Agreement with Green Valley Disposal for implementation of the curbside
recycling program. Carried unanimously.
OKA ROAD 14855/JEWISH COMMUNITY CENTER/REQUEST EXPANSION/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider development project prohibited by current Traffic Policy. Applicant contends traffic
study is flawed and overriding considerations of community benefit can be found. Property,
14855 Oka Road. (Jewish Community Center.)
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council continue this item to
January 15, 1990, as requested by the appellant. Carried unanimously.
ZONING ORDINANCE 1778 EXTENSION/URGENCY INTERIM/ORDINANCE
1804/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider extension of Urgency Ordinance 1778, a temporary prohibition for certain types of
improvements to nonresidential property in the Downtown Specific Plan area that were
formerly nonconforming as to parking located west of State Route 17 between Saratoga
Avenue and Blossom Hill Road.
No one from the audience wished to address this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the following
findings:
a. There is a current and immediate threat to the public health, safety and particularly
welfare;
b. The approval of additional subdivisions, use permits, variances, building permits or any
other applicable entitlement for use which is required in order to comply with a Zoning
Ordinance would result in a threat to public health, safety and particularly welfare;
c. Inclusion of the findings as delineated in Section I of the Draft Ordinance.
Carried by a vote of 4 ayes. Mr. Ferrito voted no as so stated in previous record.
Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading. Carried
unanimously. The Town Clerk read the title of the Ordinance.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce and adopt
Ordinance 1804 entitled, AN URGENCY INTERIM ZONING ORDINANCE EXTENDING
ORDINANCE 1778 ESTABLISHING A TEMPORARY PROHIBITION ON APPLICATIONS
FOR CERTAIN TYPES OF IMPROVEMENTS TO NONRESIDENTIAL PROPERTY IN THE
DOWN TOWN SPECIFIC PLAN AREA THAT WERE FORMERLY NONCONFORMING AS
TO PARKING LOCATED WEST OF STATE ROUTE 17 BETWEEN SARATOGA AVENUE
AND BLOSSOM HILL ROAD, which extends Ordinance 1778 to November 28, 1990.
Carried by a vote of 4 ayes. Mr. Ferrito voted no.
NORTH SANTA CRUZ 664/FOUNTAIN COURT/HEINDEL/APPEAL PC DENIAL/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider the appeal of a decision of the Planning Commission in denying a request for
approval of plans to demolish an existing motel and to construct eight residential
condominium units on property in the LM zone, U-89-1 and S-89-10. Property located at
664 N. Santa Cruz Avenue ( Fountain Court). Property Owners, John and Nola Heindel,
Anne Bajace. Applicant, Andre Roos.
NORTH SANTA CRUZ CONTINUED
Councilmembers Benjamin, Carlson, Hamilton, and Ventura stated that they had discussed
this project with the appellants and had visited the proposed site.
The following people from the audience wished to address this issue:
John Lien, 196 College Ave., Architect for the proposed project, spoke in favor of this
project and pointed out the services available to a residential development at this site.
Ray Bortolussi, 17690 Bruce Ave., has lived in Los Gatos forty some years, and has owned
a business at 664 N. Santa Cruz Ave location for the last eighteen years. Believes the area
should remain light manufacturing with commercial as zoned eight years ago.
Merlin DeLegget, Broker, representing the sellers of the property, spoke in favor of the
project, and addressed the value of this property.
Rick Miller, 666 N. Santa Cruz, BP Station Owner, is concerned about the possibility of
expensive homes expanding into the LM Zone.
There was no one else from the audience who wished to address this issue.
Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to deny the appeal. Mrs. Benjamin
feels that the project is well designed but that the General Plan should be upheld. Is in favor
of all zones being represented in Town to serve the residents, and feels that these zones
should not be encroached upon, and this project forms a residential island which is not
compatible with the surrounding light manufacturing zone. Mr. Ventura is in favor of
supporting the General Plan concept of a varied zone within the Town which will be able to
offer resident serving businesses. Mr. Carlson supports the denial and does not feel that the
Council has made a decision on the mixed use issue at this time. He also states that the
Planning Commission should establish policies regarding mixed use and zoning. Mr.
Hamilton does not support this motion but feels that the PC should have expressed its
opinion regarding mixed use earlier in the procedure. Mr. Ferrito states that the LM zone
was adopted to designate an area of Town where we would actively encourage the siting of
residential serving businesses. He also states that the Planning Commission should have
addressed the issue of whether this parcel should have been used for commercial, light
manufacturing or residential. The Planning Commission should have more adequately
determined the direction they were heading on this proposal. It does not seem appropriate to
send this matter back to PC. Carried by a vote of 4 ayes. Mr. Hamilton voted no.
WOODLAND 484/MC NELLY/APPEAL PC DENIAL/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider appeal of Planning Commission action denying a request to relocate an interior
property line on the property in the RMH zone. Property, 484 Woodland. Owner, Malcolm
McNelly.
There was no one from the audience who wished to address this issue.
Motion by Mr. Ventura, seconded by Mr. Carlson, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to deny the appeal in light of the letter
received by Council from Joseph M. Gughemetti, attorney for the property owner, J. McNelly,
requesting that the appeal on this matter be dropped. Carried unanimously.
OAK KNOLL COURT 15744/STRAB & DU VON/APPEAL PC DENIAL/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider the appeal of a decision of the Planning Commission in denying a request to modify
the development standards of an existing planned development to permit changes to
required yards (building setbacks) on property in the HR-1:PD zone, Z-81-6B. Property
located at 15744 Oak Knoll Court. Property Owner, Georg Strab and Gabor Du Von.
Applicant, Gabor Du Von.
Mr. Ventura stated that he would abstain on this issue due to the fact that an engineer
associated with this project is a client of his.
The following people wished to address this issue:
Gabor Du Von, 4 Buckeye Lane, Danville, spoke in favor of this project and explained his
position.
Michael Tote, contractor for the project, explained the position of the architect and
contractors in the continuation of construction on site during confusion over required
setbacks.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to close the public hearing. Carried by
a vote of 4 ayes. Mr. Ventura abstained.
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to uphold the Planning
Commission's decision to approve the amendment to Ordinance 1551 to reflect approved
setbacks and deny applicant's request. Carried by a vote of 4 ayes. Mr. Ventura abstained.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to find the zone change is consistent
with the General Plan. Carried by a vote of 4 ayes. Mr. Ventura abstained.
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to waive the reading. Carried by a
vote of 4 ayes. Mr. Ventura abstained. The Town Clerk read the title of the Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO.
1551 WHICH EFFECTED ZONE CHANGE NO. 60 FROM HR-1 TO HR-1 PD. Carried by a
vote of 4 ayes. Mr. Ventura abstained.
MINUTES OF NOVEMBER 6, 1989
Motion by consensus, to continue this item to December 4, 1989.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Council accepted informational report on status of referrals to Town Attorney for code
enforcement.
HILOW ROAD PATHWAY/PROJECT 8901
Motion by Mr. Hamilton, seconded by Mr. Carlson, to construct asphalt pathway between
the eucalyptus trees and fences on the property line as shown in Alternate A. Mr. Ventura
mentioned that he does not support removing the trees. Carried by a vote of 4 ayes. Mr.
Ferrito voted no stating that more should be done to ensure safety on this road and what is
being done is insufficient.
ROUTE 85/RIPARIAN MITIGATION PLAN
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to continue this item to the meeting
of December 4, 1989. Carried unanimously.
HISTORIC BUILDING RESTORATION/EARTHQUAKE DAMAGE/CONSULTANT
BLOOMFIELD
Motion by Mr. Carlson, seconded by Mr. Hamilton, to authorize the Town Manager to sign
the attached agreement (Exhibit 1) for consultant services relating to the restoration of
historic buildings damaged by the earthquake. Carried unanimously.
REDEVELOPMENT AGENCY/TOWN COUNCIL/TOWN OF LOS GATOS/ORDINANCE
Motion by Mr. Ventura, seconded by Mr. Carlson, to waive the reading. Carried
unanimously. The Town Clerk read the title of the Ordinance.
Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council introduce Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING THE NEED FOR A
REDEVELOPMENT AGENCY TO FUNCTION IN THE TOWN OF LOS GATOS AND
DECLARING THE TOWN COUNCIL TO BE THE REDEVELOPMENT AGENCY FOR THE
TOWN OF LOS GATOS. Carried unanimously.
SHORT ROAD/BLOSSOM HILL ROAD/HICKS ROAD/SHANNON ROAD/PROHIBITION OF
IMPROVEMENTS/URGENCY ZONING ORDINANCE
Mr. Ventura requested additional time for Council to review the consultant's report, and that
Council be given an opportunity to make comments and changes to that report, and hold a
hearing, so that Planning Commission will know Council's view on the matter.
Motion by consensus, to have staff set this matter for the agenda of December 4, 1989 for
a 45 day Urgency Ordinance enactment. Carried unanimously.
ADJOURNMENT
Mary Jo Levinger, Town Attorney, announced adjournment to November 27, 1989, Monday
at 7:30 p.m. Motion by Mr. Carlson, seconded by Mr. Hamilton, at 10:15 p.m. to adjourn
as previously announced.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D1:MM112089