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16 Addendum - Automobile Dealerships Study SessionCOUNCIL AGENDA REPORT DATE: April 14, 2006 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: CONSIDERATION OF A RESOLUTION EXPRESSING SUPPORT FOR AUTOMOBILE DEALERSHIPS AND DIRECTION ON ACTION ITEMS FROM THE AUTOMOBILE DEALERSHIPS STUDY SESSION MEETING DATE: 4/17/06 OTHER BUSINESS ' ADDENDUM REMARKS: The attached letters (Attachments 8 and 9) were received after the report on this matter was finalized. Attachments: 1-7. Previously Submitted 8. Letter from Matteoni, O'Laughlin and Hechtman, received April 14, 2006 9. Letter from Gayle Countryman Jones, received April 14, 2006 Distribution: John Moore, Moore GMC Truck, Pontiac, Buick, 15500 Los Gatos Blvd, Los Gatos, CA 95032 Ron Battistella, Los Gatos Auto Mall, 620 Blossom Hill Rd, Los Gatos, CA 95032 Marc Chase, Bentley of Silicon Valley, 66 E. Main St, Los Gatos, CA 95032 Bruce Swanson, Swanson Ford, 16005 Los Gatos Blvd, Los Gatos, CA 95032 Mark Maxwell, Los Gatos Acura, 16151 Los Gatos Blvd, Los Gatos, CA 95032 David Spencer, Los Gatos Chevrolet, 15600 Los Gatos Blvd, Los Gatos, CA 95032 David Moeller, South Bay Honda, 16213 Los Gatos Blvd, Los Gatos, CA 95032 Russ Hill, United Auto Group, Inc., 16151 Los Gatos Blvd, Los Gatos, CA 95032 Gayle C. Jones, Trustee, 2272 Channel Rd, Newport Beach, CA 92661 Thomas Moore, PO Box 223179, Carmel, CA 93922 James S. & Paula K. McHugh, Trustee, 16150 Kennedy Rd, Los Gatos, CA 95032 Elizabeth K. Dodson, 15585 Los Gatos Blvd, Los Gatos, CA 95032 Robert Swanson Family Partnership LP, 16005 Los Gatos Blvd, Los Gatos, CA 95032 Nancy Roberts Bowen, 16300 Ridgecrest, Monte Sereno, CA 95030 Russell V. Roessler, Trustee, 99 Almaden Blvd, Ste 300, San Jose, CA 95113 Grant R. Bishop, Trustee, PO Box 125, Los Gatos, CA 95031 N:1DEVIRANDY\Town Council\AUTO DEALERSHIPSILGAUTODLR RPT 041706Addendum.wpd PREPARED BY: BUD N. LO NTZ DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: ,�J� Assistant Town Manager Or/ Attorney Clerk Finance Community Development Revised: 4/14/06 4:04 pm Reformatted: 5/30/02 ‘c. \ ,-"-, 4-14-0(5; 12:4U-'M Pll I\ 1T LCJKJV J.J • CJJ 1 I\VI I • I V • JJJJ I VV Matteoni Q'Laughlin OtHechtrnan 5. AWYER 5 RECEIVED APR 1 4 2006 r YOR & TOWN COTUNCr (408) 293-4300 (408) 293-4004 fax TO: FROM: RE: DATE: MEMORANDUM Town Clerk Norm Matteoni April 17, 2005 Town Council Agenda; Item 16 re Auto Dealership Sites April 14, 2006 Dear Town Clerk Please place the attached correspondence before the Council for its April 17th meeting and provide a copy to the Town Manager, Planner and Attorney. Thank you. ATTACHMENT 8 ?OOS1 [519A 4-14-06;12:4OPM rti I\ 1Z Le_ouu 1J• 1CJ I I\VI I• Matteoni Q'Laughlin Hechtman AWYER Orman E. Matteoni Peggy M. O'Laughlin Bradley M. Matteoni Barton G. Ilerhtman Gerry Houlihan 8 848 The Alameda San Jose, CA 95126 ph. 408.293.4300 nt.) fax.408.293.4(104 .•� �A www.malteoni.com April 14, 2006 FACSIMILE AND REGULAR MAIL Mayor and Members of the Council Town of Los Gatos P. O. Box 949 Los Gatos, CA 95031 Re: Possible Town Actions Concerning Auto Dealership Sites Dear Mayor and Town Council: I have reviewed the Council Agenda report for Item 16 on the April 17 Council meeting. As you know, 1 represent Swanson Ford. I offer these preliminary considerations and I will be attending the meeting. First, we do not oppose the planned development (PD) requirement to change the land use of an auto dealership site; but, Swanson has a developer in hand who is ready who is ready to proceed with a PD Zoning application. Thus, the timing of amending the Town zoning code should not affect anyone who comes forward with a PD application. Second, there are problems with the fiscal impact analysis requirement. The report indicates (and I have heard Council members say) that land use will not be decided by revenue generation, but this proposed, requirement singles out auto dealers. Furthermore, there are no guidelines to determine what the fiscal impact is measuring. Is it 4-14-06;12:40PM I'll I\ L T LCJeJIJ 1.J 1CJ I I\UI 1• ;# 3 Mayor and Members of Town Council of Los Gatos April 14, 2006 Page 2 simply to be a measurement of prospective sales tax revenues from some new commercial operation versus the last operative sales tax revenues from an auto dealer? Third, you need to make a distinction in defining auto dealership sites. Former sites in Town carry the zoning designation of "highway commercial" and are not restricted to auto dealerships. Is staff proposing new restrictions for existing dealers? Fourth, the Swanson developer, Peter Pau, has raised the possibility of entering into a development agreement. This purpose was to assure the Town of a minimum amount of sales tax revenue from his proposed development. Town Staff projects four to six months to prepare and adopt an ordinance to implement a development agreement. This time line should not in any way delay the application on the Swanson parcel. The process can be simultaneous with any application for PD zoning. Moreover, there are several cities in the immediate area that have adopted such ordinances, which can serve as a model. The implementing ordinance is not complicated. My recollection is that the City of San Jose adopted its ordinance in the late 1980s, which was prompted by Hewlett-Packard sale of a North San Jose campus that had not been built out to Ford Aerospace. When Ford Aerospace sought a development agreement, the City was able to put in place an ordinance to permit this in 30 to 45 days and built the development agreement into the modification of the PD zoning process for Ford Aerospace. The Council needs to take a very practical approach here. Recognize, at least for my client, that the auto dealership no longer exists and there is an active development application that will proceed by PD and that is about to be filed`. NORMAN E. MATTEONI NEM:jm cc: Robert Swanson April 14, 2006 GAYLE COUNTRYMAN JONES 16111Viewfield Rd.,Monte Sereno, CA 95030 408-832-3882 Mayor and Members of the Council Town of Los Gatos PR .1 4 700 6 TOWN OF LOS GATOS CLERK DEPARTMENT i_� Seventy years ago on February 29, 1936, my Dad, James Countryman opened his doors to the dream of a lifetime to him, a car dealership. Oldsmobile had granted him a franchise in a little town called Los Gatos, a place he dearly loved and where he had grown up. Later he was to add Cadillac. Dad always told me the story of how, on the day he opened his doors, he had $50 left in his pocket. He pumped gas out front, sold cars inside, and married my mother who became the office manager. And Off they went as the American dream. They survived through wars, high interest rates, recessions, gas rationing, etc. Through all the years, we fondly called the dealership "The Garage." Now 70 years later a new family has moved to Los Gatos to occupy the facility that eventually was built by my parents in 1964 at 15600 and 15650 Los Gatos Blvd on the corner of Los Gatos Almaden Rd. The Spencer family, Dave Spencer, his son Chris and daughter Kelly now own and run the dealership business with a Chevrolet franchise and a lot of car experience. They even named the business Los Gatos Chevrolet which I am sure made you happy along with me. I own the property and I am their landlord. It is my greatest hope that the Spencer family will feel very welcomed in Los Gatos and successful. l hope all of you will find the time to visit our dealership and meet the members of this delightful family that are building their future around this dealership and Los Gatos. l like the words, " We want our car dealerships to succeed." I encourage you to put your minds to thinking about how you can help facilitate success, how you can govern with encouragement, how you can support dealers trying to improve their facilities, how as a community we can coexist better. And in so doing, please, please abandon this list of resolutions for they are only detrimental to your very own goals of having more dealerships and successful dealerships, They will discourage not encourage business improvement and involvement in Los Gatos. Yes, There are only five dealerships left. However, they are good ones. And if we want to encourage existing businesses and have new ones come, or vacant ones to be filled, I recommend that you find, in your analysisthe following: 1) the conclusion that you have all the controls you need to govern the existing dealerships and to provide for all the supervision and power necessary to facilitate new, acceptable, attractive development of existing dealerships and vacated, or closed dealership properties. 2) the conclusion that we cannot live in the past. We must step into the "Now" and look to what we are going to do to succeed in the 21 8t century with vision, flexibility and creativity. Additionally, recognize Los Gatos needs to build a positive image to the business world if it wants businesses to stay here and come here. 3) the conclusion that to benefit Los Gatos and its future, you should choose OPTION ONE! And only OPTION ONE! — A NO ACTION VOTE! ATTACHMENT 9 - I • Thank you for your time and consideration on this matter. Most sincerely, Gaylj ountryman Jones (Th