M 04-03-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY
APRIL 3, 1989
MINUTES
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 8:05 p.m., Monday, April 3, 1989, in regular meeting.
ROLL CALL
PRESENT: Thomas J. Ferrito, Robert L. Hamilton, and Brent N. Ventura.
ABSENT: Eric D. Carlson, and Mayor Joanne Benjamin.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPOINTMENTS
By consensus Council decided to readvertise Commission openings and schedule interviews for
April 24, 989 when all Council members would be present.
SCHEDULE OF PUBLIC HEARINGS
Council approved informational report regarding upcoming public hearings.
SAN JOSE REFERRALS
Council accepted informational report regarding San Jose referral V-89-01-001, Southeast Corner
Harwood Rd. and Harwood Ct. It is noted for the record that Mr. Faltersack submitted a letter to
Council.
PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY REPORT
Council accepted informational status report.
COUNCIL CALENDAR
Accepted Council Calendar of Meetings.
PAYROLL RATIFICATION/PAID MARCH 24, 1989/RELATED WARRANTS
Motion by Mr. Ventura for ratification of payroll in the amount of $191,379.21 payroll related
warrants in the amount of $337488.53 and accompanying check registers for payroll of March 5 to
March 18 paid on March 24, 1989. Mr. Hamilton seconded. Carried with a vote of 3 ayes. Mar.
Carlson and Mayor Benjamin absent.
SENIOR SPRING FESTIVAL/WALK-A-GOLDEN-MILE
Council accepted informational report from the Los Gatos Senior Coordinating Council.
BICYCLE RACE/CAT'S HILL/FIFTEENTH ANNUAL/LOS GATOS BICYCLE RACING CLUB
Motion by Mr. Ventura that Council approve the request by the Los Gatos Bicycle Racing Club to
hold the Cat's Hill Bicycle Race on Saturday, May 13, 1989 subject to all conditions listed in the
staff report. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Carlson and Mayor
Benjamin absent.
SUMMIT MARATHON AND HALF MARATHON
Motion by Mr. Ventura that Council approve the request by the Los Gatos Athletic Association and
the Runners Factory to conduct the 1989 Los Gatos Summit Marathon and Half marathon on
Sunday, November 19, starting at 7:00 a.m., and subject to all staff recommendations. Mr.
Hamilton seconded. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
VEHICLE AND EQUIPMENT/ACQUISITION AND REPLACEMENT/POLICY
Motion by Mr. Ventura that Council approve the outlined vehicle and equipment acquisition and
replacement policy for the Town of Los Gatos. Mr. Hamilton seconded. Carried by a vote of 3
ayes. Mr. Carlson and Mayor Benjamin absent.
RADIOACTIVE WASTES/NON-ACCEPTANCE/RESOLUTION 1989-44
Motion by Mr. Ventura that Council adopt resolution 1989-44, entitled RESOLUTION OF THE
TOWN OF LOS GATOS ESTABLISHING A POLICY AGAINST ACCEPTANCE OF ANY
PRESENTLY REGULATED RADIOACTIVE WASTES IN ANY LANDFILL, SEWAGE SYSTEM,
OR OTHER DISPOSAL FACILITY, establishing a policy against acceptance of any presently
regulated radioactive wastes in any landfill, sewage system, or other disposal facility. Copy of
signed resolution to go to Supervisor Patton, our Congressman and U.S. Senators. Mr. Hamilton
seconded. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
MAIN STREET/PARKING PROHIBITION/RESOLUTION 1989-45
Motion by Mr. Ventura that Council adopt resolution 1989-45, entitled PARKING PROHIBITION
ON THE NORTH AND WEST SIDE OF WEST MAIN STREET BETWEEN BROADWAY AND
BAYVIEW AVENUES, prohibiting parking as it is currently implemented. Mr. Hamilton seconded.
Carried by a vote of 2 ayes. Mr. Carlson and Mayor Benjamin absent. Mr. Ventura abstained.
GARDEN HILL DRIVE/PARKING PROHIBITION/RESOLUTION 1989-46
Motion by Mr. Ventura that Council adopt Resolution 1989-46, entitled PARKING PROHIBITION
GARDEN HILL DRIVE prohibiting parking near Lark Ave., and that staff contact property owners to
trim back the shrubbery at the inside corner of Garden Hill Drive. Mr. Hamilton seconded. Carried
by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
SHANNON ROAD 16575/PEPPERTREE SCHOOL/RESOLUTION 1989-47
Motion by Mr. Ventura that Council adopt Resolution 1989-47, entitled RESOLUTION OF THE
TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT APPLICATION REQUESTING PERMISSION TO OPERATE A
SCHOOL-AGE, BEFORE AND AFTER SCHOOL, CARE FACILITY WITHIN AN EXISTING
CHURCH FACILITY IN THE R-1:8000 ZONE that incorporates the findings and decision of the
Town Council at its meeting of March 20, 1989. Mr. Hamilton seconded. Carried by a vote of 2
ayes. Mr. Carlson and Mayor Benjamin absent. Mr. Ferrito abstained.
BOONE LANE/QUITCLAIM DEED/ZUCCONI/PARKING LOT 4
Continued to May 1, 1989 adoption of resolution authorizing Town Manager to execute Right of
Way Agreement between the Town of Los Gatos and Doris and Gary Zucconi.
HEARING.
CHESTER ST 52/S-87-74/OW: GROSSER/APPEAL PC DENIAL/HEARING
Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission's denial of Architecture and Site Application S-87-74, requesting
approval of plans to demolish an existing single family residence and construction of a new single
family residence on property in the R-1D zone. Property: 52 Chester Street. Owner: Robert K.
Grosser.
No one from the audience wished to speak to the issue..
Motion by Mr. Hamilton to close the hearing. Mr. Ventura seconded. Carried bay a vote of 3 ayes.
Mr. Carlson and Mayor Benjamin absent.
Motion by Mr. Hamilton to deny the appeal based upon the withdrawal of the applicant. Mr. Ferrito
seconded. Carried by a vote of 2 ayes. Mr. Carlson and Mayor Benjamin absent. Mr. Ventura
abstained due to previous work with the applicant.
TREASURER'S REPORT/MARCH 1989
Council accepted informational report from Office of Town Treasurer.
AMICUS BRIEF/SELINGER V CITY OF REDLANDS
Motion by Mr. Ventura to authorize participation in the above-referenced amicus brief at no cost to
the Town. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin
absent.
ROUTE 17/LEXINGTON INTERCHANGE/COST SHARING AGREEMENT/RESOLUTION 1989-
48
Motion by Mr. Ventura that Council adopt Resolution 1989-48, entitled RESOLUTION OF THE
TOWN OF LOS GATOS APPROVING THE COST SHARING AGREEMENT BETWEEN THE
TOWN AND THE COUNTY OF SANTA CLARA FOR THE STUDY OF STATE ROUTE 17 AT
LEXINGTON RESERVOIR INTERCHANGE AND FRONTAGE ROAD authorizing Town Manager
to sign cost sharing agreement. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Carlson
and Mayor Benjamin absent.
HISTORIC PRESERVATION COMMISSION/ZONING ORDINANCE AMENDMENT
Motion by Mr. Ventura that Council should not create a Historic Preservation Commission and
should retain the Historic Preservation Committee, and have staff investigate the appointment
regulations to the Committee, discuss those regulations with the Planning Commission and report
back to Council as to whether those regulations are consistent to the methods used in appointing
members to other Town committees, boards and commissions. Mr. Hamilton seconded. Carried
by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent.
HEARING
GUADALUPE COLLEGE/U-84-6B/FOSTER ARD 17975/OW: HO/APPEAL PC
APPROVAL/HEARING
Vice-Mayor Ferrito stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission's approval of a one-year time extension to previous approvals
granted to permit a private school (University level) within existing school facilities (Guadalupe
College) in the HR-5 (Pre-Zoned) zone. Conditional Use Permit Application: U-84-6B. Property:
17975 Foster Road. Owner: Kang Ming Ho.
The following people from the audience addressed the Council.
Peter Siemens, 69 Ellenwood spoke for the Citizens for the Preservation of Saint Joseph's Hill,
making the following comments:
1. Thanked Town for retaining independent consultant to study alternatives.
2. Thanked Ted Krienes for keeping Citizens appraised of study progress.
3. Submitted sign-up sheet with 175 names from participants in public awareness event held
on St. Joseph's Hill March 19, 1989.
4. Submitted a check for $1,000.00 collected from the event and additional contributions.
5. Mentioned the letter from Midpeninsula which specified a monetary amount to offset the
study cost to the Town.
Thomas Jordan, Hopkins & Carley, 150 Almaden Blvd., Suite 1500, San Jose, CA spoke for Dr. Ho
and the College.
1. Stated the access needed for the College.
2. Spoke to the deprivation of access.
3. Highway 17 not available even with a road until 17 interchange is built.
4. Access to Foster Rd. is requested until 17 is available
Ted. Kreines, of Kreines & Kreines, 58 Paseo Mirasol, Tiburon, CA presented
preliminary studies on alternative access road for the College, with pros and cons clearly
spelled out. Submitted a Comparison Matrix for the record and two photographs showing
the types of cuts necessary for the road.
Darwin Myerson, Geologist for Kreines & Kreines, spoke of the topography of the
hillside and the lack of off-haul due to the use of the cut and fill method, balancing segment
by segment.
Alan Young, 17601 Foster Road reemphasizes the need to keep the access road a
driveway to the College and not a major roadway.
Douglas Lincoln, 100 Olde Rd., raised the issue of potential asbestos in the
serpentine soil on the Alma Bridge Rd. route, and submitted a report.
Jo Crosby, 756 California St., Mountain View, Geotechnical Consultant, studied the serpentine
rock on the Hill and came to the conclusion that the majority of the serpentine in this area would
be containing asbestos minerals.
Michael Marangio,15880 Rose Ave, Los Gatos, representing the California Native Plant Society,
stated there would be loss of unique vegetation associated with serpintine rocks and soils due to
the Alma Bridge Road but the Limekiln Road would have no impacts to serpintine adapt
ed plants.
David Lubeck, 47 Fillmer Ave., suggested using a shuttle up Foster Rd. to the College while an
alternative road to the College is being built.
John Stewart, Creegan & DeAngelo, 1635 The Alameda, San Jose, spoke for the College and
reiterated his past experience with the study of alternative roads to the College.
John Hellingston, 64 Central Ave., spoke of the cars and traffic.
RECESS
Vice-Mayor Ferrito announced that Council would retire to Executive Session to discuss
this matter given the Litigation that exists and to also take up the two Closed Session items
that were scheduled for 7 p.m. The meeting was recessed at 10:50 p.m. and called back
to order at 11:16 p.m. Record shows Mayor Benjamin arrived at 10:45 p.m.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in closed Session during
recess of tonight's meeting. Pursuant to Government Code Section 54956.9(a) regarding
Dr. Ho. v. Los Gatos Town Council. Council indicated that they would further authorize
hiring outside counsel. Expenditure in that matter in the amount of $6,500.00.
Pursuant to Government Code Section 54956.9(c) regarding pending litigation concerning
two worker's compensation claims of Gilbert Rojo. Council authorized settlement of the
award of those matters in the amount of $12,670.00 plus 10% interest from the date of the
award, March 13, 1989.
HEARING
GUADALUPE COLLEGE/CONTINUED
Mr. Bowman stated that based on information Town received prior to this meeting and also on the
testimony given at this meeting Council has two choices:
1. Deny the application for a time extension.
2. Continue the public hearing under the following conditions:
a) Supplemental EIR contract to be approved by Council april 17, 1989.
b) Seventeen weeks needed from date of EIR authorization.
c) Required two weeks for staff review.
d) Forty-five days for Public Review Period set by State Law.
e) Earliest continuance date, October 16, 1989.
Motion by Mr. Ventura that Council adopt staff recommendation which includes a determination
that in order for Council to grant the time extension an additional environmental review is
necessary, and to request staff to prepare an agreement in preparation of an EIR to be returned to
Council by april 17, 1989, and to continue this hearing to October 16, 1989 for hearing of the
supplemental EIR. Mr. Hamilton seconded. Carried by a vote of 3 ayes. Mr. Carlson absent.
Mayor Benjamin abstained due to having just arrived at the meeting.
Mayor Benjamin's reason for being absent having been announced previously, that being a special
hearing on Route 85 held in Cambrian Park.
Vice-Mayor Ferrito announced his leaving the meeting ar\t 11:25 due to a medical emergency at
home.
THE TERRACES/Z-85-2A/BLOSSOM HILL-CHERRY BLOSSOM/OW: ABHOW/ORDINANCE
INTRODUCTION
Mayor Benjamin announced the open discussion of the introduction of ordinance regarding revised
official development plan to modify the previously approved plan for construction of a continuing
care retirement community in the RM:5-20PD zone. Zone Change Application Z-85-2A. Property:
Blossom Hill Road and Cherry Blossom Lane. Owner: American Baptist Homes of the West (The
Terraces).
The following people from the audience wished to speak to this issue:
Richard Ice, 19427 Forrest Place, Castro Valley, speaking for ABHOW, introduced Ken Hooge and
Bill Defanbach.
Ken Hooge, 256 Los Banos Ave., Walnut Creek, representing ABHOW, speaking to the staff
recommendation of the revised ordinance.
Bill Defanbach, 273 29th Ave., San Francisco, explained the modified architectural plans, and
submitted renderings for the record.
Mr. Bowman mentioned the need for a change in wording in order to introduce the ordinance
tonight.
Motion for consensus by Mr. Ventura that Council proceed to introduce ordinance tonight
approving The Terraces project with minor amendments. Seconded by Mr. Hamilton. Carried by a
vote of 3 ayes. Mr. Carlson and Mr. Ferrito absent.
HEARING
FAR/ZONING ORDINANCE AMENDMENT/A-88-11/ORDINANCE INTRODUCTION
Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider
Planning Commission's recommendation for approval of Zoning Ordinance Amendment A-88-11,
and consideration of the draft residential development standards.
The following people from the audience wished to speak to the issue: Loren McRoberts, 493 Burt
Ave, suggests this item be continued.
Town Clerk set April 24, 1989 to continue this issue, but meeting was left open for those who wish
ed to speak at this time
Motion by Mr. Hamilton to continue past 12:00 p.m. Mr. Ventura seconded. Carried by a vote of 3
ayes. Mr. Carlson and Mr. Ferrito absent.
John Nerness, 62 Mariposa Ct., spoke against the home being remodeled next door to him.
Michael O'Brien, 63 Mariposa Ct., asks Council to consider the impact on the neighborhoods that
the remodeled homes are making, such as parking and design.
Ted Maggi, 61 Mariposa Ct., sees the new homes as large walls obstructing views and changing
the whole ambiance of the neighborhood.
Linda Lubeck, 47 Filmer Ave., suggests the change of word "nominal" in context of the ordinance;
suggests the removal of "color" from the document as being an item too difficult to enforce;
feels that FAR is not enforceable and that there should be more strength and professionalism at
the DAR level.
Dave Cunningham, 16861 Filmer Avenue, is happy with most of the remodeling, and asks Council
to allow offstreet tandem parking.
Motion by Mr. Ventura to continue this public hearing to April 24, 1989. Mr. Hamilton seconded.
Carried by a vote of 3 ayes. Mr. Carlson and Mr. Ferrito absent.
HEARING
THE TERRACES/CONTINUED
Mr. Bowman read the following changes into the record:
1.Performance Standard #10: The use of hip roof forms shall be maximized especially
in the ends of all buildings facing a street, on the stair tower, on the mechanical
penthouses and in the ends of the two story apartment buildings adjacent to the North,
South central passageways.
2.Performance Standard #11: The chimney caps shall be rectilinear in form.
3.Items #10 through 23, will be renumbered as 12 through 25.
4.Item #26 new, follows current #23: The finished floor elevation of the Common
building shall be 356.5, and the finished floor elevation of the two and three story
apartment buildings shall be 354.5.
5.Item #27 new, to the satisfaction of the Director of Parks, Forestry and
Maintenance, the Landscape Plan shall be refined and detailed for review during the
Architecture and Site process for adherence to the Town's adopted landscape standards.
6.All other items would be numbered accordingly.
7.New renderings in black and white to be submitted by applicant.
Motion by Mr. Ventura to waive the reading. Mr. Hamilton seconded. Carried by a vote of 3 ayes.
Mr. Carlson and Mr. Ferrito absent.
The Town Clerk read the Title of the Ordinance.
Motion by Mr. Ventura introducing Ordinance, entitled AN ORDINANCE OF THE TOWN OF LOS
GATOS AMENDING ORDINANCE NO. 1692 WHICH EFFECTED ZONE CHANGE NO. 71 FROM
RM:5-20 TO RM:5-20-PD, with the four amended paragraphs, numbers 10, 11, 26 and 27, and
the additional two black and white renderings. Mr. Hamilton seconded. Carried by a vote of 3
ayes. Mr. Carlson and Mr. Ferrito absent.
John Bouquet, El Sombroso Oaks, stated an emphatic "THANK YOU" to the Council for the
introduction of the ordinance for The Terraces.
THE DINER/SARATOGA AVE 235/OW: BALL/AP: JULIUS
Moved by Mr. Hamilton to continue this item to April 17, 1989. Seconded by Mr. Ventura. Carried
by a vote of 3 ayes. Mr. Carlson and Mr. Ferrito absent.
BOONES LANE/ELM ST AND GRAY'S LANE/VACATION
Motion by Mr. Ventura accepting report on acquisition of property for Downtown Parking
Assessment District and setting a public hearing Monday, May 1, 1989 for consideration of the
adoption of Resolution of Intention to vacate Boones Lane located between Elm St. and Grays
Lane. Seconded by Mr. Hamilton. Carried by a vote of 2 ayes. Mr. Hamilton and Mr. Ferrito
abstained, Mr. Ferrito having abstained earlier in the evening. Mr. Carlson absent.
DOWNTOWN PARKING ASSESSMENT DISTRICT/ACQUISITION OF PROPERTY/PARKING
STRUCTURE
Motion by Mr. Ventura accepting report on acquisition of property for downtown parking
assessment district and sending Notice of Intention to Adopt Resolution of Necessity to Acquire
Property in Eminent domain and Notice of Hearing. Hearing scheduled for May 1, 1989.
Seconded by Mr. Hamilton. Carried by a vote of 2 ayes. Mr. Hamilton abstained. Mr. Carlson and
Mr. Ferrito absent.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 12:38 p.m.
ATTEST:
Marian V.Cosgrove
Town Clerk