M 04-24-89TOWN OF LOS GATOS CALIFORNIA, TOWN COUNCIL/PARKING AUTHORITY
APRIL 24, 1989
MINUTES
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of Town Hall, 110 E. Main St., at 8:35 p.m., Monday, April 24, 1989, in
adjourned regular meeting.
ROLL CALL
PRESENT: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura
and Mayor Joanne Benjamin.
ABSENT:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPOINTMENTS/PERSONNEL BOARD/THERESA RAYNAUD
Applications were received from Gene Rugani and Theresa Raynaud for one vacancy
on the Personnel Board. Voting was held and Theresa Raynaud was appointed to fill
the position. Term to expire September 1, 1993. Mr. Ventura abstained.
APPOINTMENTS/PLANNING COMMISSION/MARCIA ALLMAND
Applications were received from Marcia Allmand, Peter Siemens, Judith Manzi, Barbara
Herlihy, Dr. Patrick Lydon, Loren McRoberts, Stephen Rice, and Jeffrey Barnett for one
vacancy on the Planning Commission. Voting was held ad Marcia Allmand was
appointed to fill the position. Term to expire August 1, 1991.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior
to this evening's meeting, pursuant to Government Code Section 54956.9(c) in regard to
Institution of Litigation regarding Downtown Parking assessment District. Tere is no
report at this time.
Council also met to discuss a Labor Relations matter and there is no report at this time.
AIR CONDITIONING/TELEPHONE SYSTEM ROOM/NOTICE OF COMPLETION
Motion by Mr. Hamilton to approve Certificate of Acceptance and Notice of Completion
for installation of stand-alone air conditioning system in the telephone equipment room.
Seconded by Mayor Benjamin. Carried unanimously.
SEISMIC STUDY/ENGINEERING SERVICES CONTRACT/SB 547
Motion by Mr. Hamilton to authorize Town Manager to execute a contract with Willdan
Associates for services implementing a mitigation program to reduce potential hazards
of certain buildings. Seconded by Mayor Benjamin. Carried unanimously.
BELLOW MARKET PRICE PROGRAM/AMENDMENT/RESOLUTION 1989-53
Motion by Mr. Hamilton for the adoption of Resolution 1989-53 entitled, TOWN
COUNCIL RESOLUTION AMENDING RESOLUTION 1988-81, RESOLUTION
SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW
MARKET PRICE HOUSING PROGRAM, requiring seller and buyer split administrative
fee, updating income guidelines, and reflecting current Fair Market Rents. Seconded by
Mayor Benjamin. Carried by a vote of 4 ayes. Mr. Hamilton voted no.
PROJECT 8805/DOWNTOWN PARKING/LOT #4/LOT #9/RESOLUTION 1989-54
Motion by Mr. Hamilton for the adoption of Resolution 1989-54 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 8805 - DOWNTOWN LOS GATOS PARKING
ASSESSMENT DISTRICT LOT #4 AND LOT #9, and authorizing Town Clerk to
advertise for bids. Seconded by Mayor Benjamin. Carried by a vote of 3 ayes. Mr.
Hamilton and Mr. Ferrito abstained.
BLOSSOM HILL & CHERRY BLOSSOM/THE TERRACES/Z-85-2A/OW:
ABHOW/ORDINANCE 1788
Motion by Mr. Hamilton for the adoption of Ordinance 1788 entitled, AN ORDINANCE
OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1692 WHICH
EFFECTED ZONE CHANGE NO. 70 FROM RM:5-20 TO RM:5-20-PD, which was
introduced at the Town Council meeting April 3, 1989. Seconded by Mayor Benjamin.
Carried by a vote of 3 ayes. Mr. Carlson voted no, stated for the record that he had
listened to the record on tape, is in agreement with the use for senior housing and
supportive of ABHOW but could not support the architectural plans of this project. Mr.
Ferrito voted no, stating that he head reviewed the tapes, was not in agreement with
Council's unusual procedure on this item and is not pleased with the architecture.
HEARING
FAR/ZONING ORDINANCE AMENDMENT/A-88-11/ORDINANCE
INTRODUCTION/RESOLUTION 1989-55
Mayor Benjamin stated that this was the time and place duly noted for public hearing to
consider Zoning Ordinance Amendment A-88-11. For the record the following
comments were made by the Mayor:
This item was continued from April 3, 1989. At that point in time the Council heard
those people from the audience who wished to speak to the issue. Neighbors from
Mariposa Court spoke about the size of new development, and notification regarding
remodeling. Residents of Filmer Ave. asked that the word "nominal" be reconsidered,
that color be deleted from the ordinance and that tandem parking be allowed at
established residences.
For the record Mr. Carlson and Mr. Ferrito stated they had listened to the tapes on this
item, and Mayor Benjamin stated she had visited Mariposa Court as had other
councilmembers.
The word "nominal" was discussed and staff believes this word allows an applicant to
know that this is not the maximum number nor a goal, but it is a guideline, and the
applicant has the opportunity to convince the Planning Commission or the Council that
their project should be entitled to a FAR above that proposed in the ordinance.
Mr. Ventura asked the Town Attorney for a decision as to potential conflict of interest
due to his owning a home in the downtown area. Mary Jo Levinger gave the opinion
that Mr.
Ventura could participate in this issue.
The following people from the audience spoke to the issue:
Claudia Danker, 52 Mariposa, is in favor of FAR.
Rick Raynes, 16 University Ave, R&R Construction, spoke against the present proposal
and would like firmer guidelines.
Bill Hawke, 167830 Farley Road, President of the Heritage Preservation Society, asked
that historic structure be defined as any structure over fifty years. Demolition should
be structured in the ordinance.
John Lien, 196 College Avenue, supported the FAR ordinance and to be need of these
guidelines in town.
Loren McRoberts, 493 Bird Ave., spoke against the FAR and for the current system of
architectural guidelines.
Renny Locke, 73 Mariposa, would like the guidelines of the ordinance to be more
specific so he will know what it is he can build.
Linda Lubeck, 47 Filmer, spoke about nominal in the ordinance and would like to see
the use of another word; felt that the word conform should be changed to
compliment; agrees that the ordinance is a needed guideline.
Dave Lubeck, 47 Filmer, spoke against the 50 year historic designation and offered to
help serve on a committee to study the effectiveness of this ordinance over the next
year.
Jeff Johns, 42 Central, spoke to the need of second story notification and neighborhood
communication before institution of further regulations.
No one else from the audience wished to speak to the issue.
Motion by Mr. Ventura to close the hearing. Seconded by Mr. Carlson. Carried
unanimously.
Motion by Mr. Ventura to direct staff to have the appropriate committee draft an
ordinance establishing civil sanctions in regards to demoliton. Seconded by Mr.
Carlson. Carried unanimously.
Motion by Mr. Carlson for consensus for proceeding determined by modifying both the
General Plan and FAR Ordinance to reflect that Historic structures are ones on the
Town's Historic Inventory List, expressly the following: must be in historic district; has
been historically designated; appears in historic inventory; is included in inventory of
Town regarding historic structures. Seconded by Mr. Ventura. Carried unanimously.
Motion by Mr. Carlson for consensus to make the following findings:
The design theme, sense of scale, exterior materials and details of the proposed project
are consistent with the requirements of any historic overlay zone for the neighborhood
and specific plan that exist for the neighborhood. Seconded by Mr. Ventura. Carried
unanimously.
Motion by Mr. Ventura making the finding that the Ordinance is consistent with the
General Plan and the Downtown Specific Plan and incorporating specified sections of
staff report dated April 3, 1989 supporting that finding. Seconded by Mr. Carlson.
Carried unanimously.
Motion by Mayor Benjamin to delete page 4 and 5, section C, delineating use of color
and exterior materials. Seconded by Mr. Hamilton. Failed to carry by 2 ayes. Mr.
Carlson, Mr. Ferrito and Mr. Ventura voted no.
Motion by Mr. Ventura to waive the reading of an ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING FLOOR AREA
RATIOS FOR SINGLE AND TWO-FAMILY DWELLINGS, DEMOLITION OF HISTORIC
STRUCTURES AND PARKING REQUIREMENTS FOR ADDITIONS TO SINGLE
FAMILY DWELLINGS. Seconded by Mr. Carlson. Carried unanimously. The Town
Clerk read the title.
Motion by Mr. Ventura to introduce Ordinance with amendments. Seconded by Mr.
Carlson. Carried with a vote of 3 ayes. Mayor Benjamin and Mr. Hamilton voted no.
The following statements were made for the record:
Mr. Ferrito stated his support of FAR as a tool for the Planning Commissioners which
had been requested by the Commission.
Mr. Hamilton feels that the ratio will be used as a standard to hide behind.
Mr. Ventura stated this was a response to people's concerns asking for guidelines and
rules.
Mayor Benjamin stated that the notification of neighbors was the most positive part of
the Ordinance, and she opposes the section delineating color and exterior materials and
also feels that design is far more important than floor area ratio.
Motion by Mr. Ventura for adoption of Resolution 1989-55 entitled, A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING
RESIDENTIAL DEVELOPMENT STANDARDS FOR SINGLE AND TWO-FAMILY
DWELLINGS. Seconded by Mr. Ferrito. Carried by a vote of 3 ayes. Mayor Benjamin
and Mr. Hamilton voted no.
MINUTES OF MARCH 20, 1989
Mr. ferrito requested page 2, County Referrals, word "appeal" at the end of paragraph
be changed to "comments".
Mr. Ventura requested page 8, Route 85/17 Interchange, to reflect impact on Creek
"and" Trail.
Mr. Ventura requested page 9, Public Art, to reflect "Arts Commission to broaden the
definition of public art to include other forms of art."
Mr. Carlson requested page 7, The diner, word "enforcement" be changed to
"application."
Motion by Mr. Ventura to approve Minutes of March 230, 1989 as corrected. Seconded
by Mr. Ferrito. Carried unanimously.
MINUTES OF MARCH 27, 1989
Mr. Ventura requested page 1, minutes February 21, 1989, fourth paragraph, words
"rental units" be changed to "property", and fifth paragraph correct spelling of
"congestion."
Motion by Mr. Ferrito to approve Minutes of March 27, 1989 as corrected. Seconded by
Mr. Carlson. Carried unanimously.
MINUTES OF APRIL 3, 1989
Motion by Mr. Ventura to approve Minutes of April 3, 1989 as submitted. Seconded by
Mr. Hamilton. Carried unanimously.
235 SARATOGA AVE/THE DINER/OW: JULIUS/USE PERMIT/RESOLUTION 1989-
56
Motion by Mr. Ventura to adopt Resolution 1989-56 entitled, RESOLUTION OF THE
TOWN OF LOS GATOS REFERRING TO PLANNING COMMISSION THE REQUEST
FOR PERMISSION TO INTENSIFY A NON-CONFORMING RESTAURANT USE
INCREASING HOURS OF OPERATION ON PROPERTY IN THE C-2 ZONE, adding
the additional language in the "Whereas" clauses relating to the court challenge of the
Council decision of November 2, 1987, and making the decision to retain the second
paragraph of the "Resolve" portion of the resolution. Seconded by Mr. Carlson. Carried
by a vote of 4 ayes. Mayor Benjamin voted no.
TRAFFIC POLICY/CONCEPTUAL CHANGES
Council approved conceptual changes to the Town-wide Traffic Policy and referred this
matter to the Planning Commission for review and comment with the following input
from Council:
Mr. Carlson stated (1) opposition to the use of a Town-wide traffic fee, (2) proposal of
maximum traffic capacity on each property to be divided among a multiple tenant
complex, (3) need of specific elements from the General Plan and the Specific Plan for
findings.
Mr. Ventura considered specific allocations to shopping centers designating types of
use, these to be divided among tenants.
Mr. Ferrito would like to see more specific findings used from the General Plan.
Mr. Hamilton feels that linked trips should be considered in the policy.
PROJECTS 8708, 8712, 8713/BLOSSOM HILL, ROBERTS, CAMELLIA, CHERRY BL/
TRAFFIC SIGNALS/RESOLUTION 1989-57/RESOLUTION 1989-58
Motion by Mr. Ventura that Council adopt Resolution 1989-57 entitled, RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECTS 8708, 8712, 7 8713 TRAFFIC SIGNALS ON
BLOSSOM HILL AT ROBERTS ROAD, CAMELLIA TERRACE, AND CHERRY
BLOSSOM, and authorizing the Town Clerk to advertise for bid openings May 12, 1989.
Seconded by Mr. Hamilton. Carried unanimously.
Motion by Mr. Ventura that Council adopt Resolution 1989-58 entitled, PARKING
PROHIBITION, BLOSSOM HILL ROAD FROM 280' EAST OF CHERRY BLOSSOM
TOAD TO 250' WEST OF CHERRY BLOSSOM ROAD. Seconded by Mr. Hamilton.
Carried unanimously.
ANNOUNCEMENT
Mary Jo Levinger, Town Attorney, made the following announcement pursuant to
Government Code Section 54956.8. Prior to this evening's meeting the Council met in
closed session regarding items for the May 1st Council meeting. At the regular May 1,
1989 Council meeting, at 7 p.m., there will be an item concerning the sale of Town held
property on Chester Street. This code section provides that the closed session must be
announced in a public and open session. The APN for the property that the Town owns
is 529-22-28.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 11:35 p.m., to a study session for
the Council with the parking consultant.
ATTEST;
Marian V. Cosgrove
Town Clerk