M 05-07-90TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 7, 1990
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 100 East Main Street, at 7:37 p.m., Monday, May 7, 1990, 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.
ANNOUNCEMENT
Mayor Ferrito announced the wedding of Vice-Mayor Brent Ventura to Sandy Ventura this
last week while they were in Hawaii.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session pursuant
to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route
85. There is no report from that discussion.
POLICE VEHICLE/BID AWARD
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council continue the
consideration of the purchase of one police vehicle to June 18, 1990, after the budget
hearings have been held. Carried unanimously.
8904B PROJECT/SIDEWALK RECONSTRUCTION/EARTHQUAKE
REPAIRS/FEMA/CONTRACT
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council award contract for
sidewalk reconstruction under FEMA funds for earthquake repair, to B&B Concrete in the
total estimated amount of $290,640 and authorize the Town Manager to sign the contract on
behalf of the Town and to proceed with Phase I providing the amount of $39,910 is not from
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the General Fund. Carried unanimously.
Mr. Ventura requested a report from staff to Council explaining the criteria used for
determining areas slated for repair throughout Town and the list of areas so determined by
FEMA.
CHLOROFLUOROCARBONS/POLYSTYRENE/REGULATED
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council communicate with both
County and Cities Organization requesting a model ordinance regarding chlorofluorocarbon
and polystyrene regulations within their jurisdiction and to continue this item to June 18,
1990. Carried unanimously.
CERRO VISTA COURT 15955/PEDESTRIAN-EQUESTRIAN TRAIL
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council agree to an
arrangement wherein the owners of the subject property would be granted a revocable
encroachment permit with no fee for the construction of a fence with gate which will block the
pedestrian-equestrian trail through their property until such time as the trail will be
completed. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council will collect in-lieu fees
for pedestrian-equestrian trail fees at the time the Town accepts the trail easement so as to
be able to build the trail at one time when all the property is improved and the trail will be
able to link together. These funds will be in a separate account. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR
Informational report of Council's calendar for May and June 1990.
PAYROLL/RATIFICATION/APRIL 1990
Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of the accompanying
check registers for payroll in the amount of $226,834.80 paid April 20, 1990. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1990
Motion by Mrs. Benjamin, seconded by Mr. Carlson, for ratification of accounts payable
invoices and accompanying check registers for accounts payable invoices in the amount of
$291,481.05 paid on April 16, 20 and 27, 1990. Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT/MONTHLY STATUS REPORT
Informational report regarding status of pending Planning Department applications and
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projects was received and filed.
REJECTION OF CLAIM/VIRGINIA HURT
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council reject the claim of
Virginia Hurt filed with the Town Clerk on April 21, 1990. Carried unanimously.
PERMIT PARKING/EDELEN/MULLEN/MILES/BENTLEY/UNIVERSITY
Information report regarding the status of the new preferential parking district was received
and filed.
OPEN GARAGE DOOR ORDINANCE
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council not institute an
ordinance to regulate the duration that a garage door may remain open. Carried
unanimously.
8915 PROJECT/UNIVERSITY AVE/POLE REMOVAL/COMPLETION NOTICE
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council authorize the Mayor to
execute and the Town clerk to record a Certificate of Acceptance and Notice of Completion
for Project 8915 - University Avenue Pole Removal. Carried unanimously.
STRAWBERRY FESTIVAL/EASTFIELD-MING QUONG/BANNER DISPLAY
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council approve the display of a
banner in the Town Plaza from May 14 to June 4, 1990 for the upcoming Strawberry
Festival. Carried unanimously.
NEW YORK AVE/PARCEL MAP/RESOLUTION 1990-88
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council allocate $1,501.00 to
affect the transfer of title of San Jose Water Company Lot No. 106 (A.P.N. 529-27-002) to
the Town. Also, that Council adopt Resolution 1990-88 entitled, RESOLUTION
AUTHORIZING THE MAYOR TO SIGN THE PARCEL MAP THAT MERGES LOTS AT
THE END OF NEW YORK AVENUE, for the structures that will be moved from Maria's Berry
Farm. Carried unanimously.
OFFICE OF PROCUREMENT/DEPARTMENT OF GENERAL SERVICES/CALIFORNIA
PURCHASING AGREEMENT/RESOLUTION 1990-89
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990-
89 entitled, RESOLUTION AUTHORIZING A COOPERATIVE PURCHASING
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND OFFICE OF PROCUREMENT,
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA. Carried
unanimously.
JOHNSON AVE 205/DAVE FLICK/PHIL BRANON/RECONSTRUCTION
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RESOLUTION 1990-90
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990-
90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION DECISION GRANTING APPROVAL OF PLANS TO
CONSTRUCT A SINGLE-FAMILY RESIDENCE, TO DEMOLISH AND CONSTRUCT A
NEW SECONDARY DWELLING UNIT, AND TO DEMOLISH AND CONSTRUCT A NEW
GARAGE AND MODIFYING SAID APPROVAL (205 JOHNSON AVENUE - PHIL
BRANON AND DAVE FLICK, which incorporates the findings and decision of the Town
Council at its meeting of April 17, 1990. Carried unanimously.
EXCAVATIONS IN NEW PAVEMENT/TOWN CODE SEC 26-24.5/ORDINANCE 1820
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Ordinance 1820
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III OF
CHAPTER 6 RELATING TO EXCAVATIONS IN NEW PAVEMENT , which was introduced
at the Town Council meeting of April 16, 1990. Carried by a vote of 3 ayes. Mr. Hamilton
voted no as in previous record. Mr. Ferrito abstained due to not hearing the tapes.
VERBAL COMMUNICATIONS
Dr. Philip Shanker, has lived in Los Gatos seven years, now living in San Jose, will be
moving to Cerra Vista Court shortly. Requests occupancy permits prior to the Cerra Vista
Subdivision improvements since they are almost complete, the health and safety issues
have been resolved, the bulk of the aesthetic requirements have been met, the individual
holders of property in this subdivision have no bargaining power with the developer, the
Town could call the performance bond if project is incomplete. Mayor Ferrito suggests that
these comments be submitted to staff in writing so that the issue can be agendized with a
report for May 21, 1990.
VERBAL COMMUNICATIONS
Bill Quigley, 103 Belridge Drive, addressed a problem with fencing, weeds and equestrian
trail on property across from his. He asked for answers to questions regarding the issuance
of fence permit and the maintenance of the trail. Mayor Ferrito accepted the letter and
pictures and requested a report from staff.
HEARINGS
ALCOHOLIC BEVERAGES FOR SERVICE WITH MEALS/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider modification to Town policy permitting the sale of beer and wine with meals in the
C-2 Zone.
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The following people from the audience wished to address this issue:
Preston Hill, 196 West Main St., representing the Tams, owners of the Jasmine restaurant,
presented a petition of forty pages with many local resident's signatures. The Tam's have
need of an alcohol service licence in order to remain economically competitive.
Linda Lubeck, 47 Fillmer Ave., representing the Board of the Chamber of Commerce,
agrees with the staff report and feels that the conditional use permit process allows enough
latitude and the policy should be changed.
Joe Hargett, 95 Church St., President of the Los Gatos Downtown Association, urges
Council to accept staff's recommendations.
There was no one else who wished to address this issue in the audience.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to modify the Town's policy for
restaurants in the C-2 Zone to allow the sale of beer and wine with meals subject to all
conditions of the use permit on a case by case basis commencing at 11 a.m. and concluding
at 11 p.m.
The following comments were made regarding this motion:
Mr. Carlson; feels that the Town has been unfairly regulating certain businesses due to the
timing of their use permit; image of Los Gatos in the valley needs to be changed in order to
help increase the sales tax revenues; the problem of excessive alcohol consumption, in the
downtown area of twelve years ago, no longer exists.
Mr. Hamilton; the past actions of regulation have been Council practice but not
documented policy; the permitted licenses and the restrictions on service of beer and wine
should be evenly applied for the conforming restaurants; peoples attitudes have changed
regarding the use of alcohol.
Mr. Ventura; reaffirms for the record that the intent of the motion was that beer and wine
will only be served with meals; there can not be a separate bar; an alcoholic beverage may
not be purchased independently from the meal; and there will be no sale of alcohol for
consumption off the premises. Can support service of beer and wine with dinner but feels
the motion is over broad, allowing businesses that cater to young people to serve alcoholic
beverages, and the possibility of services with very little food purchase, and cannot support
motion for that reason.
HEARINGS CONTINUED
ALCOHOLIC BEVERAGES CONTINUED
Mayor Ferrito; there must be a limit or ceiling placed on the number of beer and wine
licenses issued; the business community has benefited from Council's policies; if
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perception is the issue, serving more alcohol is not the solution; increase in sales tax would
be consumed by the increase in police services; the atmosphere of the downtown has
changed due to Council's caution, and the change in policy under consideration will permit
the past environment to resurface. Cannot support motion for these reasons.
Mrs. Benjamin; young people obtain alcohol from liquor stores when those of age
purchase it for them or from their own homes, and it is illegal to serve alcohol to minors in a
restaurant and therefore the emphasis will be on food.
Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito voted no for the reasons
stated.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council direct the Planning
Commission to consider an amendment to the Zoning Ordinance to regulate establishments
with entertainment and that the previous motion will not go into effect for places offering
entertainment until this Ordinance is in place. Carried unanimously.
RATES FOR WASTE COLLECTION SERVICES/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider residential solid waste collection rates including garbage, curbside recycling, yard
waste and hazardous waste, and commercial recycling. There was no one to speak to the
issue.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council continue this item for
public hearing to June 4, 1990 at which time there will be a comprehensive Solid Waste
Management Program presented for the Council's consideration. Included in a base rate will
be costs for the following three items: 1) refuse collection; 2) curbside recycling; and, 3)
yard waste collection.
Carried unanimously.
ZONING ORDINANCE/GENERAL PLAN/AMENDMENTS/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider:
(a)General Plan Amendment GP-90-1 - Consideration of amendment to the Town
General Plan concerning secondary dwelling units. These amendments may result in the
prohibition of new secondary dwelling units.
(b)Zoning Ordinance Amendment A-90-1 - Consideration of amendment to the Zoning
Ordinance concerning secondary dwelling units. These amendments may result in the
prohibition of new secondary dwelling units.
(c)Zoning Ordinance Amendment A-90-3 - Consideration of amendment to the Zoning
Ordinance concerning hotels and motels located in residential zones that were converted to
apartments prior to March 22, 1986.
The following people from the audience wished to address this issue:
Diane Werp, 146 Clover Way, Community Services Commissioner, spoke against
rescinding the new secondary unit ordinance.
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HEARINGS CONTINUED
SECONDARY UNITS CONT.
Dale Hill, 150 Robin Way, representing the Los Gatos-Saratoga League of Women
Voters,supports implementation of zoning ordinance allowing and regulating new secondary
units,and submitted portion of the Santa Cruz ordinance addressing secondary units and
staement from the League for the record.
Mayor Ferrito, requests aid from organizations in suggesting that neighboring communities
address this issue as aggressively as Los Gatos has.
Kathy Citron, 3560 North Main St., Soquel, Director of Senior Services at Jewish Family
Service of Santa Clara County, spoke in favor of the secondary units being an option for
affordable housing for seniors.
Nancy Burbank, 108 Belcrest Drive, AAUW representative, spoke in favor of secondary
housing and mentioned that other neighboring cities would also be addressed.
Betty Clabaugh, 19240 Linda Vista, representative of Help House the Homeless, Agency
in San Jose. In favor of secondary units to aid in housing needs.
Elaine McKim, 104 Wolen Way, spoke for affordable housing and need for seniors to have
individual units.
Licia Thomson, 121 El Porton, representing the Affordable Housing Committee of AAUW,
addressing the need to support secondary dwelling units.
Betty Pestka, 158 Los Astas Drive, Committee for Homeless Women and Children of
AAUW, asked that secondary option be kept open.
Dr. Chandra Treya, 86 Central, spoke of the need to be able to rent his existing secondary
unit.
Jeff Johns, 42 Central Ave., representative of Saratoga-Los Gatos Board of Realtors asked
that the options for secondary units remain open and allow the possibility of more affordable
housing.
There was no one else from the audience who wished to address this issue.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to allow new secondary units to
exist in the R-1D, RM and PD zone and to remand back to the Planning Commission, (for
modification and report only), General Plan Amendment GP-90-1, consideration of
amendment to the Town General Plan concerning secondary dwelling units, and Zoning
Ordinance Amendment A-90-1, consideration of amendment to the zoning ordinance
concerning secondary dwelling units.
Mrs. Benjamin's reasons were as follows:
1.General Plan requires maintenance of a variety of housing options.
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2.BMP requirements on new secondary units is not easy to enforce and it may not be
economical, and therefore these requirements may not be serving those people you are
hoping to serve.
3.Family members in residential areas should be able to dine together and there should
not be a need for a kitchen in the additional living unit for a close family member.
Mr. Ventura will support the motion but feels that significant affordable housing stock must
be planned for with a project such as Villa Vasona.
Mr. Ferrito will support the motion to remand to the Planning Commission having
reservations concerning the real creation of more affordable housing, not feeling that
secondary units are the answer to the problem.
Motion carries unanimously.
HEARINGS CONTINUED
SECONDARY UNITS CONT.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council find that Zoning
Ordinance Amendment A-90-3 is consistent with the General Plan. Carried by a vote of 4
ayes. Mayor Ferrito voted no for his previously stated reasons.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council waive the reading of
Draft Ordinance (Exhibit 4) amending the Zoning Ordinance. Carried unanimously. The
Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council introduce Ordinance
entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE TO ALLOW NONCONFORMING HOTELS/MOTELS LOCATED IN
RESIDENTIAL ZONES THAT WERE CONVERTED TO MULTIPLE FAMILY DWELLING
UNITS PRIOR TO MARCH 22, 1986. Carried by a vote of 4 ayes. Mayor Ferrito voted no
for reasons previously stated in the record.
COUNCIL RECESS
Mayor Ferrito declared a short recess at 10:00 p.m. The meeting was called back to order at
10:10 p.m.
COUNTY REFERRALS
Motion by Mr. Ventura, seconded by Mayor Ferrito, that Council accept the
recommended action and appeal the County's decision and expend $260 for the filing fee on
2913-30-49-86B-86G-86DR-86LA-89LM, DePalma property at the end of Tourney Road
regarding a grading problem. Carried unanimously.
SECONDARY DWELLING UNITS/ABATEMENT
Informational item addressing the policy of conversion of living space necessitating a public
hearing received and filed.
PROJECT 8717/SERVICE CENTER EXPANSION
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Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council continue this item until
June 18, 1990, which will be after the budget hearings. Carried unanimously.
GREENBELT ALLIANCE/ENDORSEMENT/RESOLUTIONS 1990-91, 199092, 1990-93
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolutions 1990-
91, 1990-92, and 1990-93 entitled as follows:
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE SANTA CLARA OPEN
SPACE AUTHORITY NOVEMBER 1990, BALLOT MEASURE, Resolution 1990-91
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING GOALS AND OBJECTIVES
OF THE SANTA CLARA COUNTY GREENBELT COALITION, Resolution 1990-92
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE BAY AREA
GREENBELT, Resolution 1990-93
Carried by a vote of 4 ayes. Mr. Hamilton voted no stating that he was opposed to
supporting this action unless Gilroy would support this Open Space Alliance.
LARK AVE 16775/YUKI FARMS/DERUS/BARKER
Resolution of the Town Council of the Town of Los Gatos denying appeal of the Planning
Commission decision denying request of a change of zone from R-1:8000 to R-1:8000 PD in
order to permit the development of an eight lot single-family residential subdivision of 2.69
acres of land. Property located at 16775 Lark Ave. Yuki Farms Inc. Richard Derus/Lac
Barker.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to remand this item to the Planning
Commission with the following guidelines:
1.Construction would not start until the existing homes in that area are removed for the
construction of Route 85.
2.Density would not be allowed to increase.
3.The Lark Ave. property would be single family homes with access through Oka Road,
not Lark Ave.
4.Higher density dwellings for a phased development whose number would not exceed
the number of houses that are being removed.
5.Waiver on the one year application if there is a need to rezone.
6.Remanding to the Planning Commission does not require additional fees, if there is a
denial there would be a need for new fees to restart the process.
Mr. Carlson withdraws his motion and Mr. Hamilton his second. The hearing had
been closed April 2, 1990 and must be reopened in order to take an action on it.
Motion by Mr. Carlson, seconded by Mr. Hamilton, for reconsideration of this closed
public hearing. Carried unanimously.
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OKA ROAD/YUKI FARMS, INC./DERUS/BARKER
Resolution of the Town Council of the Town of Los Gatos denying appeal of Planning
Commission decision denying appeal of Planning Commission decision denying request of a
change of zone from R-1:8000 to R-1:8000 PD in order to permit the development of a 31 lot
single-family residential subdivision of 9.63 acres of land located on Oka Road.
Motion by Mr. Carlson, seconded by Mr. Hamilton, to remand this item to the Planning
Commission with the following guidelines:
1.Construction would not start until the existing homes in that area are removed for the
construction of Route 85.
2.Density would not be allowed to increase.
3.The Lark Ave. property would be single family homes with access through Oka Road,
not Lark Ave.
4.Higher density dwellings for a phased development whose number would not exceed
the number of houses that are being removed.
5.Waiver on the one year application if there is a need to rezone.
6.Remanding to the Planning Commission does not require additional fees, if there is a
denial there would be a need for new fees to restart the process.
Mr. Carlson withdraws his motion and Mr. Hamilton his second. The hearing had
been closed April 2, 1990 and must be reopened in order to take an action on it.
OKA ROAD CONT.
Motion by Mr. Carlson, seconded by Mr. Hamilton, for reconsideration of this closed
public hearing. Carried by a vote of 3 ayes. Mr. Ventura and Mayor Ferrito vote no, stating
Council's policy to not allow any development within a quarter mile of the freeway corridor
until the route and access ramps for the new freeway are determined and finalized. The
area should be developed as a whole and not piecemeal. Mr. Ferrito also feels that Council
should be consistent with its policies. Mrs. Benjamin would like to see the affordable
housing and housing stock increased now and not wait for the freeway confirmation knowing
that the freeway will be built soon.
MINUTES OF APRIL 16, 1990
Mr. Carlson requested a word correction on page 6 under Certificates of Participation, to
read "...creation of an unusually large debt of 1.8 million, and the creation of...."
Mr. Ventura requested Los Gatos be capitalized on page 4.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of April 16,
1990 as amended. Carried by a vote of 4 ayes. Mayor Ferrito abstained.
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MINUTES OF APRIL 17, 1990
Mrs. Benjamin requested a spelling correction to page 3 "...representing Mo ntebello
Partnership."
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of April 17,
1990 as amended. Carried unanimously.
MINUTES OF APRIL 23, 1990
Mr. Carlson requested a spelling correction on page 1 " Dick Gain es"
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to approve the Minutes of April 23,
1990 as amended.
TREASURER'S REPORT FOR MARCH 1990
Treasure's report for March 1990 was received and filed.
HILLSIDE DEVELOPMENT STANDARDS
(A)Planning Commission recommendation regarding amendments to the Hillside
Development Standards and adoption of the Resolution
Motion by Mr. Ventura, seconded by Mr. Carlson, that the Standards for Review in the
Hillside Areas reflect the following change:
4.2 Bullet 5. Identify and incorporate least restrictive areas of development for all other
hillside sub areas of study plan. Carried unanimously.
This item will cause all sections following to be renumbered.
HILLSIDE DEVELOPMENT CONT.
Motion by Mr. Ventura, seconded by Mr. Carlson, that the Standards for Review in the
Hillside Areas reflect the following change:
7.1.1 Change last sentence to "Open space shall be contiguous to open space from
adjacent parcels and be provided in usable segments to provide wildlife habitat and
recreational needs." Carried unanimously.
Request of Council to have this item returned to Council with corrections for the meeting of
May 21, 1990.
REQUEST CLARIFICATION/HABIB AZAR
Request for clarification by Town Council of standards and applicability to application
regarding Habib Azar.
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Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to allow the applicants five minutes
to address the issue. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ferrito voted no.
The following people spoke from the audience:
Virginia Fennelli, asked for the project to not have to go through the PD in order to save
two steps in the process and perhaps be able to begin development before the grading
moratorium.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to set the objective of converting to
PD with out incurring additional fees. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that applicant go through a modified
subdivision which has a separate hearing at the Planning Commission and then come before
Council for approval. This amended to include that Planning Commission reset the public
hearing to rehear the subdivision application with the stipulation that the applicant and the
Council would have public hearing to make modifications or changes in any way pertaining
to any issue considered by the Council at that public hearing, and the applicant will not use
the argument of "deemed approved."
Tom Jordan, Hopkins and Carley, representing the applicant, affirmed that the applicant
could not waive their "deemed approved" rights.
Mr. Ventura, removed his second to the previous motion.
Mrs. Benjamin, withdrew her motion.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to continue this matter to May 21,
1990 and schedule an executive session based on the information just received. Carried
unanimously.
SECOND-STORY ADDITIONS/APPLICATION PROCESS
Motion by Mr. Carlson, seconded by Mr. Ventura, to remand this item to the Planning
Commission to review and consider possible additional restrictions on second story
additions, possibly including limiting them to certain size lots. Carried by a vote of 3 ayes.
Mr. Hamilton and Mrs. Benjamin voted no. Mrs. Benjamin stated that there is support for
second stories.
This subject to be agendized for the joint Council-Planning Commission Study Session.
LIBRARY CONSTRUCTION/GRANT APPLICATION
Informational item for discussion. Mr. Carlson suggested that the Library Board meet and
work on the concept of community support for raising funds for design of new Library.
Council will also meet with the Library Board.
PARKING FUND/IN-LIEU FEE/PARKING FACILITIES
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council adopt Resolution 1990-
94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING PARKING
IN-LIEU FEES TO FUND PARKING IMPROVEMENTS RELATING TO PHASE 3 OF THE
DOWNTOWN PARKING IMPROVEMENT PROGRAM. Carried by a vote of 3 ayes. Mr.
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Hamilton and Mr. Ferrito abstained.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to direct staff to prepare a Zoning
Ordinance amendment allowing payment into Phase 3 of the Downtown Parking
Assessment District subject to certain restrictions. Carried by a vote of 3 ayes. Mr. Hamilton
and Mr. Ferrito abstained.
BUDGET REPORT/THIRD QUARTER/1989-90
Informational item to be referred to at study session May 15, 1990.
BUDGET FORECAST/FISCAL YEAR/1990-91
Informational item to be referred to at budget study session Tuesday, May 15, 1990 at 7:30
p.m. to discuss this concept and determine the parameters for finalizing the draft 1990-91
Operating Budget
VICTIM FORECLOSURE/AB 1825/NATIONAL DISASTER
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council support AB 1825. The
Council's decision as well as any comments will be incorporated into a letter for the mayor's
signature. Carried unanimously.
INTERGOVERNMENTAL COUNCIL/IGC/MATCHING FUND PROPOSAL/$2,000
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, to approve the additional
assessment of $2,000 for the IGC budget for the 1990-91 fiscal year and requesting IGC to
waive these fees because Los Gatos has suffered extensive earthquake damage and
consequently our budget is reflecting that. Carried unanimously.
ADJOURNMENT
Motion by Mr. Carlson, seconded by Mayor Ferrito, to adjourn this evening's meeting at
11:48, to May 14, 1990. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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