M 03-21-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 21, 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 7:33 p.m., Monday, March 21, 1994, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, stated that Council had met in Closed Session prior to this evening's
meeting pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation regarding
Fleming v. Town of Los Gatos, Santa Clara County Superior Court Case No. 726553. This concerns a
trip and fall by a resident of Los Gatos on Los Gatos Blvd. Council authorized the Attorney to
proceed with a settlement offer to the plaintiff.
BOARD OF APPEALS/APPOINTMENTS/DON SCHALLOCK (00.20)
Mayor Attaway announced that two applications had been received for two vacancies on the Board of
Appeals from Robert Delgado and Don Schallock. Voting was held and Mr. Schallock was appointed
to term expiring January 1, 1996.
PARK COMMISSION/APPOINTMENT/NORBERT WITT (000.20)
Mayor Attaway announced that one application had been received for one vacancy on the Park
Commission from Norbert Witt. Voting was held and Mr. Witt was appointed to term expiring April 1,
1998.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/FEBRUARY 1994 (02.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for the
payroll of February 13 through February 26, 1994 paid on March 4, 1994 in the amount of
$203,030.69. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1994 (03.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 4 and March 11, 1994 in the amount of
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$283,324.02. Carried unanimously.
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MINUTES OF MARCH 7, 1994 (04.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of March 7,
1994 as submitted. Carried unanimously.
TREASURER'S REPORT/JANUARY 1994 (05.V)
Informational report submitted by the Treasurer to the Council for the month of January 31, 1994,
received and filed.
TREE CITY U.S.A./DESIGNATION (06.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept the report designating the
Town of Los Gatos "Tree City U.S.A." Carried unanimously.
TREE PRUNING/9325 PROJECT/$15,000 CONTINGENCY (07.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve contingency increase for
Project 9325-Tree Pruning by $15,000. Purchase Order #94171. Operating Fund - 6033-61004.
Carried unanimously.
MOBILE HOME RENTAL/TENANT-LANDLORD DISPUTES/ORDINANCE AMENDMENT
(08.16) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that council instruct the Town Clerk
to publish summary of Ordinance Amending Article 14.85 regarding Mobile Home Rental and Other
Tenant/Landlord Disputes. Carried unanimously.
LOS GATOS DOWNTOWN ASSOCIATION BOARD OF DIRECTORS APPOINTED AS THE
DOWNTOWN ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (09.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that council ratify Los Gatos Downtown
Association Board of Directors as Downtown Economic Development Advisory Committee. Carried
unanimously.
VEHICLE REGISTRATION FEE REVENUES/AB 434/RESOLUTION 1994-44 (10.38)
SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS PROGRAM
MANAGER
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-44
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SANTA
CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS RECIPIENT OF THE
OVERALL PROGRAM MANAGER FOR AB 434 (SHER--1991) VEHICLE REGISTRATION
FEE REVENUES. Carried unanimously.
PLANNING COMMISSION/COMMENDATION/SUSAN GRIMES/RESOLUTION 1994-45 (11.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that council adopt Resolution 1994-45 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING SUSAN GRIMES FOR
HER SERVICE AS A MEMBER OF THE PLANNING COMMISSION OF THE TOWN OF
LOS GATOS. Carried unanimously.
PLANNING COMMISSION/COMMENDATION/DIANE ROBERTS/RESOLUTION 1994-46
(12.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-46
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DIANE
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ROBERTS FOR HER SERVICE AS A MEMBER OF THE PLANNING COMMISSION OF
THE TOWN OF LOS GATOS. Carried unanimously.
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CATCHBASIN-SEWER CLEANER/TRUCK MOUNTED VEHICLE/RESOLUTION 1994-47
(13.28)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-47
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE OF ONE (1) NEW 1994
TRUCK MOUNTED CATCH BASIN AND SEWER CLEANER. Carried unanimously.
OHLONE COURT 131/133/TEMPORARY OCCUPANCY (14.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to April 4, 1994
at the request of the owner. Carried unanimously.
VOLUNTEER POLICY ESTABLISHED/RESOLUTION 1994-48 (15.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-48
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING COUNCIL
FISCAL POLICY FOR VOLUNTEERS. Carried unanimously.
DUPLEX RENTAL UNITS/REGULATORY FEE/ORDINANCE 1972 (15.20)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that council adopt Ordinance 1972 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE 14.80 TO ENTITLE
DUPLEX LANDLORDS AND TENANTS TO USE THE RESOLUTION SERVICES OF THE
TOWN IN DISPUTES AND TO IMPOSE A REGULATORY FEE ON DUPLEX RENTAL
UNITS. Carried unanimously.
VERBAL COMMUNICATIONS:
Sewer Lines on Los Gatos Blvd:
Rich Arioto, 7565 Lockport Court, Cupertino, property owner of 15060 & 15070 Los Gatos Blvd.,
addressed the need to install sewer lines on Los Gatos Blvd. while the street is under construction
during the widening project. Mayor Attaway stated that this subject has been thoroughly reviewed by
the West Valley Sanitation District.
HEARINGS
WOOD ROAD/PRE-ZONE/Z-93-1/HILLSIDE RESIDENTIAL/HEARING (18.09)
Mayor Attaway 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
on Wood Road 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. Property owner: David Ebrahimoun.
Initiated by: Town of Los Gatos.
Terry Szewczyk, Nowack and Assoc., Civil Engineers, representing the property owner, requested a
continuance date of May 16, 1994 so as to have the opportunity to address the Conceptual
Development Advisory Committee.
No one else from the audience addressed Council.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to continue this item to May 16, 1994.
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Carried unanimously.
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OFFICE USE/GROUND FLOOR/A-92-3A/HEARING (19.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introduction of an ordinance to amend Section 29.60.320(4) of the Town Code to permit ground floor
office uses on streets, alleyways or parking lots where they are presently not allowed. 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-92-3A. Applicant: Bret
Hancock.
No one from the audience addressed Council on this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 4, 1994. Carried
unanimously.
GENERAL PLAN AMENDMENT/ROUTE 85/RESOLUTION 1994-49/HEARING (20.46)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adoption of a resolution amending the General Plan regarding land use policy for future development
of property in the area along Route 85 generally bounded by Lark Avenue, National Avenue, Capri
Drive, Winchester Boulevard and the northern Town limits. Other amendments are proposed to
incorporate environmental mitigation measures and ensure the General Plan is internally consistent
and these amendments would apply throughout Los Gatos. An Environmental Impact Report has been
prepared in compliance with the California Environmental quality Act and will also be considered.
Mayor Attaway asked that Planning Director, Lee Bowman, give an overview of the General Plan
Process to date. Mr. Bowman's comments follow on the General Plan Amendment and EIR that was
prepared for the Amendment:
* A Mitigation Monitoring Plan accompanies the EIR for addressing impacts that are to be mitigated.
* The Route 85 vicinity has been a special study area since 1980 at which time the Town adopted
ordinances freezing development in the 85 Corridor.
* This corridor was part of the Route 85 element adopted in 1985.
* With recommendations from the completion of the 1990 Commercial Specific Plan the General
Plan Committee reviewed the Route 85 area again in light of the completion of the freeway and the
unfreezing of the corridor to development.
* Consideration was taken of the entrances and exits to the freeway and the type of interchanges that
were to be built.
* The General Plan Committee reduced its area of study to between National and Winchester
Avenues.
* Consultations between the GP Committee, residents, neighbors and planning consultants hired by
the Town made further reductions in the area under consideration to those specifically outlined in the
report and referred to as 2.1, 3.1, 3.2, 3.3, 4.1, & 4.2.
* Since the first hearing in July, the General Plan Committee has worked with residents and interested
citizens regarding specific concerns within the six subsections.
* The County's Agencies', and Cities' policy in this valley has been to encourage infill development
rather than to allow cities to ramble. This has been encouraged by Midpeninsula Open Space District
which is working to create a greenbelt around our Town. Los Gatos has cooperated with this policy of
infill and finds that the 85 Corridor is a prime example of this policy.
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GENERAL PLAN AMENDMENT CONT.
* Since July the Committee has developed the key principles of the plan known as the Guiding
Principles.
--Development shall not exceed transportation capacity.
--Existing zoning shall be maintained in sub area 3.1 & 3.3 until Vasona light rail is planned and
funded. Only then may high density development be phased with Vasona Light Rail.
--Commercial development in sub area 4.1 shall complement rather than compete with existing
businesses, provide new services to residents in the Town, and be designed to maintain the
character of Los Gatos.
--Public Utilities shall be designed to accommodate maximum buildout.
--All major development projects shall be processed as planned developments.
* Area 2.1 was deleted from the study since no changes are being proposed in the General Plan
designation.
* Area 3.1 eliminated ambiguity of timing regarding high density residential development.
* Area 3.2 no changes are being proposed for this area.
* Area 3.3 eliminated ambiguity of timing regarding high density residential development as it related
to the Vasona Corridor.
* Area 4.1 has all references to regional retail deleted, design issues have been deleted with the
requirement that the Town prepare development standards, and these standards shall address the
gateway to Los Gatos, traffic circulation, pedestrian orientation, view shed and the street scape of Los
Gatos Blvd.
* Area 4.2 has mixed use commercial limited to office and high density residential, retail commercial
has been eliminated with the exception of the area south of Camino Del Sol.
* Any amendment to the General Plan must be made in context to the whole General Plan and be
consistent to that plan.
--Policies were added to the land use element to address the impacts of development on schools.
--Mixed use commercial was revised to include high density residential.
--Circulation and noise elements were revised for ambiguities.
--Maps are being updated for consistency.
* All reference to redevelopment has been deleted from the plan due to changes in state law regarding
formulation of a redevelopment district.
* Parks and recreation space in the community are not precluded in the amendments to the General
Plan, and the Park Commission is reviewing the need of the Town for parks and the various funding
mechanisms available for funding recreational space.
* Nothing in the General Plan will affect the Town's ability to make use of the QUIMBY Act to
generate funding for new parks if the Park Commission, Planning Commission and Council conclude
that the Town could take the necessary steps to use the QUIMBY Act.
* The lack of parks is a town wide issue not directly affected by the proposed amendments since
parks and playgrounds are allowed in all zones in the town. A Parks & Recreation Element would
apply to the entire Town.
* The belief that area 4.1 will look like Valley Fair is addressed by the fact that Valley Fair is
1,000,000+ sq. ft. while there is no possibility of that size in this area.
* The EIR assumed that the most that could possibly be utilized in the whole area is only 600,000 sq.
ft. which was used to determine the worst case scenario for traffic studies. The actual possibilities are
more realistically 250,000 sq. ft. of commercial space.
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GENERAL PLAN AMENDMENT CONT.
* Area 4.1 is multiple owned which drastically reduces the amount of land for development since
each lot is accountable for set backs, parking, floor area ratio and all zoning regulations.
* The Town has worked diligently on the studies and has notified in excess of legal requirements,
sending out over 1,8000 mailed notices to residents and tenants within the study area and within a 300
foot radius of this area, thereby giving notice in excess of what is required.
* The Council must review and find the EIR adequate before acting on the General Plan Amendment.
--An EIR is an informational report/not the end project.
--It is information gathered to allow an action to be taken later.
--A program EIR differs from a project EIR which is specific to a specific project.
--A program EIr is very general to cover the unspecific General Plan. It is not meant to be
exhaustive but merely feasible, to give workable knowledge of the elements involved and a
good faith effort of full disclosure.
* Traffic impacts are also general and are based on analysis given during the Route 85 studies and
Los Gatos Blvd. studies. When a specific project is proposed then a specific traffic study will be
required.
* No development will be allowed to proceed which exceeds the transportation capacity in the area,
which is a guiding principle of the amendment. The Congestion Management Agency requires a study
to accompany any proposal which will show the impact on the streets of Los Gatos and the streets and
intersections outside the boundaries of Los Gatos. If these impacts cannot be mitigated then the
project will need to be modified until the traffic is at the level that is allowable.
* Route 85 has changed the character of this area. This area of Los Gatos Blvd. is not representative
of the character of the Town. The landscaping proposed for the Samaritan Drive location is being
done to the Town's specifications thereby making the 4.1 area more in keeping with the overall
atmosphere of the Town.
* Any changes, additions, landscaping, upgrading will all have to be reviewed within the design
standard guidelines of the Town and all mitigation methods will have to be addressed with the
neighbors and neighborhoods in mind as all Town applications are treated.
* The report before Council was mentioned along with the new submittal in two desk items and
referred to as exhibits 19 through 24, which are five letters received today and also a list of uses
allowed under mixed use designation and which is also posted on the wall for review.
* The reference to "regional" has been removed but commercial activities remain. A different variety
of retail stores than what the Town now hosts and which are not currently found in the Town but
which will add and supplement the present services offered by the Town.
* Choice of services to not compete directly with other services offered by the Town.
* A suggestion has been made to create a "quasi-public" designation in the General Plan to protect
such uses as the Jewish Community Center and Los Gatos Swim and Racquet Club, this idea would
have to be referred to the Planning Commission if council is in favor of the suggestion.
* Preservation of orchards has been done in other sections of the valley; Saratoga has an orchard
surrounding the Saratoga Library; Los Gatos has other orchards still in Town and the 4.1 area is not
the last stand of orchard.
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GENERAL PLAN AMENDMENT CONT.
* Requests to reduce the density in 3.3 have been made; the Town's (deletion) medium density is 5 to
12 units per acre and high density (deletion) is 50 to 20 units to the acre. In other cities in the valley a
density of 20 units is considered a medium density, in Los Gatos it has been categorized as high
density.
* The density suggested in the 3.3 area would be very similar to the density found in the Downtown
Almond Grove Area and would be no more than 15 units per acre.
* Concern on impact to existing residential property values has been answered by expert testimony
showing that newly constructed higher density housing has increased the value of existing housing.
* Purchase of homes is favorably influenced by the availability of shopping to the residence.
* Area 4.1 has been recommended as a commercial area because it is bounded by two freeways and
two six lane roads it is relatively isolated from residential areas in the community which allows the
opportunity to build in buffers and other mitigating factors to complement and enhance the
neighborhood and community.
* Historic preservation of pre 1941 buildings will be strictly considered by the Historic Preservation
Committee and all demolitions in the Town must be considered by the Planning Commission which is
a regulation not many other cities have.
* This area has been under consideration since 1980 and the General Plan Committee has been
studying it since 1990 in view of the opening in 1994 so as to have direction and plans for property
owners when the freeway does open.
* To delay the Plan for traffic studies is redundant since any project proposed would need to generate
its own traffic study.
* Council's instruction to the General Plan Committee and the Planning Commission when the project
began was that the Town identify the land uses of the area in light of its ability to enhance the policies
that the Town has previously adopted and which will be a benefit to the whole community.
Mayor Attaway thanked Mr. Bowman for his complete response to all questions and comments so far
received by the Council
The following people from the audience spoke on this issue:
Rob Means, 1421 Yellowstone Ave., Milpitas, advocate of secondary units for economic and social
reasons.
Diane Payne, 15925 Quail Hill Rd., representing the Social Justice Committee of the Unitarian
Fellowship of Los Gatos, urged affordable housing consideration for this area so that those working in
Town could live in Town.
Nancy Burbank, 108 Belcrest Drive, representing the Los Gatos-Saratoga-Monte Sereno League of
Women Voters, spoke in support of the proposed amendment to the General Plan for the following
reasons: consistency in development; preservation of natural assets in the environment; growth of
community addressed. The housing policy of the League supports reduced cost of housing;
preservation and rehabilitation of current housing; additional rental units; increase in housing
availability for moderate and low income residents; use planned housing developments.
Thelma Spaziani, 204 Will Hill Court, Charter oaks Association, spoke on the specific 3.3 area, and
requested that that remain low density housing especially due to the ingress and egress issue of Oka
Road, and the amount of traffic which would impact Lark Ave.
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GENERAL PLAN AMENDMENT CONT.
Speakers Continued:
Kyle Lanza, 15276 Karl Ave., read a statement on behalf of Catherine Hoffman, president of the
North Los Gatos Neighborhood Association, having participated in the General Plan meetings are
unhappy with the outcome, specifically the following points and areas: 3.3, 4.1 & 4.2; not in favor of
high density housing in 3.3; eliminate secondary units; Mozart neighborhood to remain low density
residential in area 3.3; schools could not handle influx of students; environmental impact too great in
area 3.3; prefers mixed use in area 4.1; would like additional information in the EIR; requests
rejection of EIR and designation of lower intensity uses for specific areas.
Sheldon Smith, 14225 Lora Drive, #79, North Los Gatos Neighborhood Assoc., suggested a utility
tax, bond proposal or parking meters to cover fiscal needs. Objects to the traffic congestion that might
be generated by the suggested amendments, and to an inadequate EIR.
Mark Cooper, 224 Arroyo Grande Way, North Los Gatos Neighborhood Assoc., presented a petition
against the overdevelopment of northern Los Gatos, and spoke of flaws in the EIR as follows;
agencies concerned about the EIR; discrepancies in the traffic studies; lack of a stated margin of error;
and requested a revised EIR.
Larry Anderson, Town Attorney, addressed Council's question on consideration of the EIR;
addressing the full disclosure of disagreement among the experts and the presentation to Council of all
the necessary facts and comments to the EIR and staff's response to those comments to form an
opinion and to make an evaluation of the completeness of the compilation of the EIR.
Raymond Smith, 1550 S. Bascom Ave., #190, Campbell, representing property owners, Mrs. Linn
and Mrs. Reed, in area 4.1, supported the General Plan amendment.
Nan Bixler, 104 Pinta Court, spoke in favor of affordable housing in the plan, finding it an
opportunity to meet the State's requirements.
Jim Cantore, 4036 Cranford Circle, San Jose, representing the Pondorosa Homeowner's Assoc. (307
homes), supports mixed use of open space, play fields, neighborhood commercial and residential in
the 4.1 area.
Rudi Herz, 1888 White oaks, addressing area 4.1, stated that he likes living in his area, and pointed
out another 200 + residential units on Bascom Ave., and other high density housing in the area, and
that he finds that those living in this area are pleased with their arrangement.
Des Wytmans, 14341 Oka Court, spoke against high density housing in the 3.3 area, requesting R1-8
instead and area 4.1 mixed commercial including residential.
Eric Morley, representing the Los Gatos-Saratoga Real Estate Board, spoke in support of the housing
component of the plan in areas 3.1, 3.3 and 4.2, and supported the commercial designation in 4.1.
Carl Guardino, representing Santa Clara County Manufacturing Association, spoke regarding
housing considerations and the need to reduce traffic for cleaner air. He supported higher density
housing along the 85 Corridor and with anticipation of the completion of the Vasona corridor.
Ted Kucklick, 116 Los Astas, spoke of traffic congestion in the vicinity of Lark and Los Gatos Blvd.
and requested that council put off the decision on the General Plan until the completion of the
freeway.
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GENERAL PLAN AMENDMENT CONT.
Speakers Continued:
Debbie Tanner, 14950 Terreno De Flores, has attended three years worth of General Plan meetings,
lives one house in from Los Gatos Blvd. directly across from the orchard. Does not feel that the 4.1
area is rural, rather that it is dilapidated, run down and a jumble of unrelated uses. Is in favor of the
General Plan proposal and is looking forward to the improvement and beautification of this area. A
well planned development would increase the value of property in this location.
Carol Ann Weber, 189 Ivy Hill Way, representing the Trails and Bikeways Committee, requested the
Council's consideration of the boards and commissions recommendations concerning the General Plan
amendments particularly including the thought and concerns of the Trails and Bikeways Committee.
Myron Tygar, 104 Spruce Hill Court, spoke against the proposed plan.
Leslie Dill, 220 Wilder Ave., spoke against this General Plan and suggested an artistic landscaping
plan for the interchange as a gateway to Los Gatos.
Joe Spaziani, 204 Willow Hill Court, Charter Oaks Association, spoke against high density housing
in the 3.3 area.
Steve Pereira, 178 Las Astas Dr., Paradise Valley, spoke of the traffic problem on Lark and the ability
to use the freeways to access large shopping areas outside of Town. Would like to see recreation
facilities for children such as skate board areas.
Curt Walter, 16719 Farley Road, spoke in favor of an identified variety of local stores proposed by
the General Plan so that pedestrians could walk to the stores and so that there could be additional
employment opportunities for young residents of our Town.
Nancy Castro, 17239 Verdes Robles, opposes additional traffic impacts and air pollution.
Nancy Lee, 2317 Monaco Drive, spoke of flaws in EIR such as the increase of trucks on Lark Ave.
and the possibility that Vasona Corridor would not be built.
Mark Tanner, 14950 Terreno de Flores, supports the General Plan and the analysis that has gone into
it over the years. He is opposed to the present unesthetic appearance of the 4.1 and 4.2 areas and
encourages their renovation, improvement and property enhancement.
Jim Reynard, 17111 Summit Way, talked of the impacts to the schools and need for recreational areas
for school children.
Sandra Knowles, 102 Paseo Laura, spoke of change in property values with the additional of high
density housing and the overall character of Los Gatos.
Thurston Awalt, 16469 Mozart Ave, is concerned about the additional children in the neighborhoods
with increase in residential density and the additional traffic causing a safety problem
Kathy Sigal 16261 Camino Del Sol, spoke against the plan and for low density housing. No one else
from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close this public hearing. Carried
unanimously.
Mr. Bowman's response to comments by speakers:
* There is no proposal for three story apartments in the plan.
* A total buildout mentioned in the EIR would be 450 units, or 20 units to the acre. The proposal
only suggests 150 units in addition to what could be built with the current zoning.
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GENERAL PLAN AMENDMENT CONT.
Mr. Bowman's comments:
* Dust problems will continue until the freeway is completed and the Town does not have control
over CALTRANS. For Town projects there are stringent dust abatement requirements.
* Specific Plan amendments can not take place until the Town has designated a General Plan
Amendment. The way the law is structured the General Plan comes first and then the Specific Plan
which is based on the General Plan. After they are in place then the Zoning Ordinances are
developed.
* Whatever recommendations the park Commission develops will be incorporated into the General
Plan and be applied to all areas, not just the study area. This apples to the QUIMBY Act or any other
tool the Town may wish to use.
* Fish and Game Department and the Regional Quality Control Board both reviewed the EIR, were
on the distribution list, and submitted comments which were answered by the Town.
* The Town's financial standing will be addressed this coming Monday, March 28th, and will discuss
options for stabilizing the Town's fiscal status. There will be public forums this summer asking the
residents what methods they would recommend to improve the Town's fiscal standing.
* The cities of Campbell, San Jose and the County submitted comments on the traffic element of the
EIR. All those questions were answered.
* General Plan Amendments do not require the same level of traffic studies the project do. You
cannot do turning movement counts on a General Plan Amendment because the data is not there yet
for the specific project.t
* There was a question as to whether the Town would address projects along Bascom and Route 85
and their traffic impacts with the neighboring cities of Campbell, San Jose and the County. The policy
to submit for review to the neighboring cities was developed by Los Gatos to monitor development
along the 85 corridor. The Town requires standards for traffic than what the policy does and by only
meeting the policy the Town would actually be reducing its standards.
* CALTRANS requests a project level traffic study to be sure that you are not adding to congestion in
the area. This does not challenge the EIR.
* The EIR does look at the maximum buildout, to determine the maximum impact.
* The value of the land in the area is $1,000,000 an acre which is based on actual sales in the vicinity
including a sale that took place in the last four months, a private sale between two property owners
and not involved in any way with the CALTRANS purchase. $160,000 an acre that Campbell bought
was at a distressed sale of property that has zero access, the old Winchester drive in site.
* Over 50 copies of responses to the EIR were published and mailed to each agency that commented.
These were mailed first class, and none of them were returned.
* Public opinion does affect the decisions of the Council and Planning Commission. Mr. Bowman
referred to his over 20 years as a resident and employee and does not believe that public opinion has
no effect on this Town.
* Statements were made from the audience that the citizens should not have to be watchdogs for
proposed development in their neighborhoods. Mr. Bowman suggested that this is what democracy
and our form of government is all about.
* Statement was made that if the Vasona Corridor is not built the General Plan will fall apart. This is
not the case. If the Corridor is not developed then the projects needing access to that corridor can not
be built.
GENERAL PLAN AMENDMENT CONT.
Mr. Bowman's comments:
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* Every study done by the Traffic Authority and CALTRANS, and they did more than one study,
showed the East-West streets like Lark Ave., Blossom Hill and Saratoga Ave. would have less traffic
and the North-South streets would all show increase in traffic due to Route 85. Lark is congested at
this time due to the restricted lanes caused by the bridge construction. Traffic will not be using the
cross streets once the freeway opens in their neighborhoods.
* The Town has met with the school district and placed policies in the General Plan that will benefit
the schools. The schools have approved those policies which are part of the General Plan
Amendment.
* Rental of retail space in Town is not a problem according to the owners. The main vacancy
problem tends to be the auto dealers, and these buildings do not readily lend themselves to other uses.
That is why the General Plan Committee is looking at Los Gatos Blvd.
* The Oka-Mozart ingress and egress issue is addressed in the plan with a pedestrian access from the
East side of Los Gatos Creek to the West side so people could cross over to the Vasona Light Rail
Station. The pedestrian access should also allow emergency vehicle use. The maintenance road along
the creek will also serve as an additional emergency exit and both these roads are addressed in the
Plan.
* The question of sewer access in 4.1 was raised. Sewer accommodation is sufficient for commercial
development but not for residential. To get adequate sewer access in that area they would have to
tunnel under Highway 17.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to change the designation of area 3.3 from
high density to median density residential in he General Plan. Failed by 2 ayes. Mrs. Benjamin, Mr.
Blanton and Mayor Attaway voted no feeling that the present low density designation is all that area
can handle with only one means of ingress and egress, and for the reason that the Vasona Corridor
may not be completed for some time.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that the property currently delineated in area
3.3 as "agriculture" toward the north end, "low density" behind the Land Mark Apartments on the east,
"office professional" on the lot bordering the freeway off ramp on the east, be designated "low density
residential"; two properties facing on Lark that are now designated as "medium density" be changed to
"office"; one property toward the west that backs up to the JCC and next door to the church that is
now "medium density" to remain the same; the area along the creek to be designated "open space".
Carried by 4 ayes. Mr. Blanton voted no feeling that the zoning should be broader and leave options
for when the Vasona Corridor goes in..
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to refer back to Planning Commission the
Church and JCC property to be redesignated in a new land use designation known as "quasi public or
recreational". This new designation to allow for certain properties to be considered within a broader
range of options. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-49
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CERTIFYING THE ROUTE 85
AND VASONA LIGHT RAIL ENVIRONMENTAL IMPACT REPORT AND MITIGATION
MONITORING PLAN, including all the findings that the Town does meet the requirements of
CEQA. Carried unanimously.
GENERAL PLAN AMENDMENT CONT.
TC:D6:MM032194
March 21, 1994
Los Gatos, California
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to continue to April 4, 1994 for staff to
rewrite the implementation and policy sections for 3.3 to correspond with actions taken this evening;
including the following policy changes to the area 3.3 on page 5-6; the elimination of policy #1;
policy #2 would be changed to "low density" and keep the pedestrian bridge over the creek; policy #3
remains; policy #4 is removed; policy #5 may be rewritten; policy #6 to remain with the words "and
highway 85" added; policies #7 & #8 remain. In the implementation measures #1 would be deleted;
implementation measure #3 would be deleted; and #4, #5, #6, #7 & #8 of implementation measures
would remain. Carried unanimously.
PAST MIDNIGHT
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to extend the meeting past midnight. Carried
unanimously.
FRANCHISE WATER SERVICES/SAN JOSE WATER COMPANY/RESOLUTION 1994-50(21.36)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-50 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS OF INTENTION TO INTRODUCE AND
ADOPT ORDINANCE GRANTING A FRANCHISE FOR WATER SERVICE IN THE TOWN
OF LOS GATOS TO THE SAN JOSE WATER COMPANY, which sets May 2, 1994 for the first
public meeting and May 16, 1994 for the public hearing. Notice to appear in three consecutive
publications of the Weekly Times. Carried unanimously.
RELOCATION SERVICES/AGREEMENT AMENDMENT/RESOLUTION 1994-51 (16.XX)
PUBLIC SECTOR CONSULTANTS
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-51
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT WITH PUBLIC SECTOR
CONSULTANTS. Carried unanimously.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 12:25
p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D6:MM032194