M 06-18-90TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
June 18, 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 7:59 p.m., Monday, June 18, 1990, in regular
session.
ROLL CALL
Present:Joanne Benjamin, Eric D. Carlson, Brent N. Ventura
and Mayor Thomas J. Ferrito.
Absent:Mr. Hamilton,
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPOINTMENTS/ARTS COMMISSION/ANNE LAMBORN/LUCY MC ALLISTER
CYNTHIA ROSTANKOWSKI
Applications were received for two vacancies from Paul Bingham, Anne Lamborn, Lucy
Mc Allister and Cynthia Rostankowski. Voting was held and Anne Lamborn, Lucy Mc Allister
and Cynthia Rostankowski were appointed to fill the positions. Terms to expire July 1, 1993.
APPOINTMENTS/LIBRARY BOARD/WILLIAM JACOBSON/ELSBETH NEWFIELD
Applications were received for two vacancies from Gwen Davis, William Jacobson, Elsbeth
Newfield and Dale Streeter. Voting was held and William Jacobson and Elsbeth Newfield
were appointed to fill the positions. Terms to expire July 1, 1993.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met prior to this evening's
meeting in Closed Session pursuant to Government Code Section 54956.9(a) to discuss
Pending Litigation. Town vs Vertical Management Systems was discussed. There is no
report at this time. Crafford vs Town of Los Gatos was discussed. There is no report at this
time.
Pursuant to Government Code Section 54956.9(c), Council met to discuss Institution of
Litigation regarding Route 85. There is no report from that discussion at this time.
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Pursuant to Government Code Section 54957, Council met to discuss a Personnel matter.
There is no report from that discussion at this time.
UNIVERSITY AVE 412/S-79-16A/GARY SCHLOH/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider an appeal of Planning Commission's denial of request to subdivide a previously
merged parcel into two lots, to move an existing three unit residential structure on to one of
the parcels and decrease the number of dwelling units from three to one in the R-1D zone.
Architecture and Site Application S-79-16A. Subdivision Application M-90-5. Appellant:
Gary Schloh. Owner: Eugene Stecz. Property: 412 University Ave.
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UNIVERSITY AVE CONTINUED
The following person from the audience wished to address this issue:
Gary Schloh, architect for the project, requested the matter be dropped due to request from
the owner.
There was no one else who wished to speak to this issue.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried
by a vote of 4 ayes. Mr. Hamilton absent.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council deny the appeal due to
lack of evidence as Mr. Schloh, the appellant, has withdrawn the appeal by request of his
client Mr. Stecz. Carried by a vote of 4 ayes. Mr. Hamilton absent.
OKA ROAD 14855/JEWISH COMMUNITY CENTER/S-85-23B/BAMBURG ASSOCIATES
HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider an appeal of Planning Commission's denial of request to construct and operate
expanded facilities including a health and fitness building and additional parking spaces on
property in the R-1:8000 Zone, U-83-21C and S-85-23B. Property: 14855 Oka Rd. Property
Owner: Jewish Community Center. Agent: Marvin Bamburg Associates, Inc.
The following people from the audience wished to address this issue:
Marvin Bamburg, requested a continuance for his client, The Jewish Community Center.
There was no one else who wished to speak to this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to continue this issue to July 16, 1990.
Carried by a vote of 4 ayes. Mr. Hamilton absent.
VEHICLE AQUISITION/POLICE CAR/NATIONAL CAR RENTAL/BID AWARD
RESOLUTION 1990-118
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
INTERIM TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE
ACQUISITION OF ONE 1989 OR LATER MODEL USED CAR WITH THREE YEAR
WARRANTY. Carried by a vote of 4 ayes. Mr. Hamilton absent.
VEHICLE AQUISITION/TRANSIT ASSIST/STATION WAGON/SWANSON FORD/BID
AWARD
RESOLUTION 1990-119
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990-
119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING PURCHASE OF
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STATION WAGON TO SWANSON FORD FOR THE TRANSIT ASSIST PROGRAM.
Carried by a vote of 4 ayes. Mr. Hamilton absent.
COPY MACHINE/SAVIN 7500/BID AWARD
Motion by Mr. Carlson, seconded by Mr. Ventura, that this item be continued for additional
information regarding reliability addressing the mean time between failure, the mean time to
repair and amount of warrantee the manufacturer provides at no extra charge. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
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PAYROLL/RATIFICATION/JUNE 1, 1990
Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of the accompanying
check register for payroll of May 13, through May 26, 1990, in the amount of $217,811.96,
paid on June 1, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent.
ACCOUNTS PAYABLE/RATIFICATION/
Motion by Mrs. Benjamin, seconded by Mr. Ventura, for ratification of accounts payable
invoices and accompanying check registers in the amount of $633,585.36 paid on June 1, &
8, 1990. Carried by a vote of 4 ayes. Mr. Hamilton absent.
DISASTER LOAN EQUITY ACT OF 1990/HR4966
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council support HR4966, the
Disaster Loan Equity Act of 1990. Staff to prepare a letter for the Mayor's signature
indicating Council's support for HR4966. Carried by a vote of 4 ayes. Mr. Hamilton absent.
EQUIPMENT/AQUISITION/FOR THE YEAR 1989-90
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council authorizes the
acquisition of equipment approved for purchase in fiscal year 1989-1990. Carried by a vote
of 3 ayes. Mr. Carlson abstained, due to this item being missing from his packet. Mr.
Hamilton absent.
BELL RINGING CEREMONY/JULY 4, 1990/TOWN PLAZA/LOS GATOS JAYCEES
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the Los Gatos
Jaycees request to hold the 4th of July Bell Ringing Ceremony at the Town Plaza, subject to
staff recommendations in report. Carried by a vote of 4 ayes. Mr. Hamilton absent.
DAY IN THE PARK/AUGUST 26, 1990/OAK MEADOW PARK/LOS GATOS LIONS
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council approve the Los Gatos
Lions Club request to hold the 35th annual "Day in the Park" on Sunday, August 26, 1990,
subject to staff recommendations in report. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
SERVICE COMMENDATION/ROGER MC LEAN/POLICE SERGEANT
RESOLUTION 1990-120
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING POLICE
SERGEANT ROGER L. MC LEAN FOR EXEMPLARY SERVICE TO THE TOWN. Carried by
a vote of 4 ayes. Mr. Hamilton absent.
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MUSEUM COMMISSION/DIANE MC NUTT-CRONK/COMMENDATION
RESOLUTION 1990-136
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DIANE
MC NUTT- CRONK OF THE LOS GATOS MUSEUM COMMISSION. Carried by a vote
of 4 ayes. Mr. Hamilton absent.
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MUSEUM COMMISSION/DR. GEORGE A. NEUKAM/COMMENDATION
RESOLUTION 1990-121
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DR.
GEORGE A. NEUKAM OF THE LOS GATOS MUSEUM COMMISSION. Carried by a vote
of 4 ayes. Mr. Hamilton absent.
RECREATION DEPARTMENT/LEASE/RESOLUTION 1990-122
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
122 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING INTERIM
TOWN MANAGER TO EXECUTE REVISED LEASE AGREEMENT WITH LOS GATOS-
SARATOGA RECREATION DEPARTMENT. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
ENVIRONMENTAL CONSULTANT SERVICES/AGREEMENTS/RESOLUTION 1990-123
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
NOISE STUDY/NOISE ORDINANCE/AGREEMENT/RESOLUTION 1990-124
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR CONSULTANT SERVICES TO PREPARE A NOISE
STUDY AND PREPARATION OF A NOISE ORDINANCE. Carried by a vote of 4 ayes. Mr.
Hamilton absent.
Mr. Ferrito stated for the record that he would like the phenomenon of sound rising and
carrying above the area of immediate neighbors to be addressed. The level of sound does
not always correspond with nearness but can be funneled and carried by other physical
properties.
HISTORIC RESOURCES INVENTORY/PHASE II/AGREEMENT/RESOLUTION 1990-125
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AGREEMENTS FOR PHASE II OF THE HISTORIC RESOURCES
INVENTORY. Carried by a vote of 4 ayes. Mr. Hamilton absent.
UNIVERSITY AVE 809/MOOSE LODGE/DENIAL OF PERMIT/RESOLUTION 1990-126
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Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
126 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION DENYING REQUEST FOR PERMISSION TO
OPERATE A FRATERNAL ORGANIZATION (LOS GATOS MOOSE LODGE) AND FOR
THE SALE OF ALCOHOLIC BEVERAGES LIMITED TO CLUB MEMBERS AND GUESTS
AND TO SPECIAL EVENTS ON PROPERTY LOCATED IN THE L-M ZONE. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
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OKA ROAD/YUKI FARMS/DERUS/APPEAL DENIAL/RESOLUTION 1990-127
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
127 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION DENYING REQUEST OF A CHANGE OF ZONE
FROM 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. Carried by a vote of 4 ayes. Mr. Hamilton absent.
LARK AVE 16775/YUKI FARMS/DERUS/APPEAL DENIAL/RESOLUTION 1990-128
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990-
128 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF THE
PLANNING COMMISSION DECISION DENYING REQUEST OF A CHANGE OF ZONE
FROM R-1:8000 PD IN ORDER TO PERMIT THE DEVELOPMENT OF AN EIGHT LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION OF 2.69 ACRES OF LAND. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
VERBAL COMMUNICATIONS
Richard Gaines, 340 Johnson Ave., addressed public hearings in general, mentioning the
changes in proposals submitted to Council by staff after public hearings have been closed.
Asked for re-notification of items with considerable change between close of hearing and
adoption. If item is to affect the majority of the Town residents the notice should be by
quarter page or half page ad explaining how this matter will affect them.
HEARING
TRAFFIC IMPACTS/TOWN POLICY/AMENDMENTS/RESOLUTION 1990-138
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider amendments to the Town Policies and Regulations regarding traffic impacts:
a)General Plan Amendment GP-90-2
b)Downtown Specific Plan Amendment GP-90-3
c)Zoning Ordinance amendment A-90-5
Bud Lortz, Planning Department, explained the rational of the changes made to the traffic
policy within this report.
The following person from the audience wished to address this issue:
Fran Wagstaff, Mid Peninsula Housing Coalition representative, asked that Council
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continue to keep the need of affordable housing on its priority list of objectives when
considering the traffic impact mitigation fees.
There was no one else who wished to speak to this issue.
Motion by Mr. Carlson, seconded by Mr. Ventura, to close the public hearing. Carried by
a vote of 4 ayes. Mr. Hamilton absent.
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TRAFFIC IMPACT POLICY CONT.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that section 2.5.6.b of
proposed General Plan Use Element in Exhibit 5 of report read as follows: If there is a traffic
impact, at all, the applicant shall site specific sections of the General Plan and demonstrate a
benefit to the community which outweighs the traffic impact and the deciding body must
make findings of that benefit in order to approve the project. This motion includes the
deletion of the Community Needs Assessment. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that the General Plan
Sub-committee of the Planning Commission and the Planning Commission should amend
and add any appropriate sections to our General Plan or Specific Plan that they think are
missing or need modification in order to allow the implementation of beneficial projects that
have traffic impacts that they feel would be warranted. Carried by a vote of 4 ayes. Mr.
Hamilton absent.
Motion for consensus by Mr. Carlson, seconded by Mr. Ventura, that at the time of
approval of a multi-unit development (residential or otherwise) a number of trips will be
allocated to that development, and that any applications that relate to that development and
will trigger a traffic impact greater than one should be handled the same way as our parking
policy. Carried by a vote of 3 ayes. Mrs. Benjamin voted no. Mr. Hamilton absent.
Consensus of Council, that Exhibits 5, 7 and 8, the amendments to the General Plan,
Zoning Ordinance and the Town Traffic Impact Policy return to Council with amendments
July 2, 1990.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING
AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN REGARDING TRAFFIC
IMPACTS. Carried by a vote of 4 ayes. Mr. Hamilton absent. Mrs. Benjamin stating that
the Downtown Specific Plan needs to be reviewed.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council waive the reading to
draft Ordinance marked Exhibit 9 of staff report. Carried by a vote of 4 ayes. Mr. Hamilton
absent. The Town Clerk read the title of the draft Ordinance.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING CHAPTER 37
TO THE TOWN CODE OF THE TOWN OF LOS GATOS ESTABLISHING TRAFFIC
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IMPACT MITIGATION FEES. Carried by a vote of 3 ayes. Mr. Hamilton absent. Mr.
Carlson voted no stating that without a public hearing we have not established the need
specified in the draft ordinance.
RECESS
Mayor Ferrito declared a recess at 9:45 p.m. Council resumed its meeting at 9:50 p.m.
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SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was reviewed and by
consensus Council requested that an attempt be made to reschedule the hearings for July
2nd so that those which remain will take no more than three hours.
COUNCIL MEETING SCHEDULE
Consensus motion, to approve the Town Council meeting schedule for fiscal year 1990-91,
and if possible find a meeting in August for Council holiday.
COUNTY REFERRALS
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council request a letter be written
to Susie Wilson indicating that the Town was not noticed for earlier hearing regarding
Tourney Road and requesting that the County waive the appeal fees for this hearing
because the Town had not been previously noticed. Town will not send money at this time.
Carried by a vote of 4 ayes. Mr. Hamilton absent.
ANNEXATION/DEFERRED AGREEMENTS/RESOLUTION 1990-129
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
129 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE DEFERRED ANNEXATION AGREEMENTS WITH THE
COUNTY OF SANTA CLARA. Carried by a vote of 4 ayes. Mr. Hamilton absent.
ELECTION/NOVEMBER 6, 1990/CONSOLIDATION/FILING FEE/ORDINANCE 1825
CANDIDATE'S STATEMENT FEE/RESOLUTION 1990-130
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
130 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING
A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON
NOVEMBER 6, 1990; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS;
REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN
PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE
COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES'
FILING FEES; PROVIDING FOR GIVING NOTICE OF ELECTION AND LEVYING FEE FOR
THE COST OF CANDIDATES' STATEMENTS. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the findings as listed
in the staff report so as to adopt the Draft Urgency Ordinance. Carried by a vote of 4 ayes.
Mr. Hamilton absent.
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Motion by Mr. Carlson, seconded by Mrs. Benjamin, to waive the reading of the Draft
Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk
read the title of the Draft Urgency Ordinance.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce the Draft
Urgency Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent.
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ELECTION CONT.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Urgency
Ordinance 1825 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS
ESTABLISHING A FILING FEE TO BE PAID BY CANDIDATES FOR THE ELECTED
OFFICES OF THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
MINUTES OF JUNE 4, 1990
Mr. Ventura requested modification to page 7, Oka & Lark, 5th paragraph, to include the
following: "...mass transit will be accessible from this site;..."
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to approve the minutes of June 4,
1990 as amended. Carried by a vote of 4 ayes. Mr. Hamilton absent.
MINUTES OF JUNE 5, 1990
Motion by Mr. Ventura, seconded by Mr. Carlson, to approve the minutes of June 5, 1990
as submitted. Carried by a vote of 4 ayes. Mr. Hamilton absent.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational item received and filed.
MUSEUM PROGRAM/TOWN COMMITMENT
Motion by Mr. Ventura, seconded by Mayor Ferrito, that Council continue this item to July
16, 1990, and advertize as a public hearing. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
ANGEL COURT 102/ENCROACHMENT PERMIT
Motion by Mr. Ventura, seconded by Mr. Carlson, to continue this item to July 2, 1990 in
order to have further clarification of report to Council. Carried by a vote of 4 ayes. Mr.
Hamilton absent.
FILMING/COMMERCIAL REGULATIONS/ORDINANCE INTRODUCTION
PERMIT PROCESS/RESOLUTION 1990-131
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to waive the reading of the draft
ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent. The Town Clerk read the title
of the draft ordinance.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce the draft
ordinance entitled ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE 2
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TO CHAPTER 33 OF THE TOWN CODE ESTABLISHING A COMMERCIAL FILM PERMIT
PROCESS. Carried by a vote of 4 ayes. Mr. Hamilton absent.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-131
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING RULES AND
REGULATIONS FOR COMMERCIAL FILMING PERMIT PROCESS. Carried by a vote of 4
ayes. Mr. Hamilton absent.
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SOLID WASTE/RATES/RESOLUTION 1990-137
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS MODIFYING RATES FOR
REFUSE COLLECTION SERVICES, which includes: adopting "C" Sub "b", with change that
rates would be a constant per can rate after two cans; commencing an educational program
on recycling using any surplus funds above what Green Valley is due for establishing this
educational campaign and to place articles in Town Talk, Cable TV, and Newspapers.
Green Valley to keep in contact with Town's waste management staff in order to assess
progress of program. This proposal does not include organic recycling at this time. Carried
by a vote of 2 ayes from Mr. Carlson and Mr. Ventura. Mrs. Benjamin voted no stating that
more time was needed to generate a more comprehensive plan which would include the
education of the users of the program and including uses for recycled materials, and that the
new rate scale is discriminatory toward people with families and without gardeners. Mr.
Ferrito abstained stating that further public hearing should be held on the issue. Mr.
Hamilton absent.
BUDGET/FISCAL YEAR 1990-91/RESOLUTION 1990-132
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to add $1,340 to the Senior
Nutrition Services Program. Carried by a vote of 3 ayes. Mr. Carlson abstained. Mr.
Hamilton absent.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE
OPERATING BUDGET FOR FISCAL YEAR 1990-91, which includes the previously adopted
amendment. Carried by a vote of 4 ayes. Mr. Hamilton absent.
Mr. Carlson, requested that Council review policy relating to Council Members serving on
the Boards of Town Commissions, Boards and Agencies funded by the Town.
CAPITAL IMPROVEMENT PROGRAM 1990-93/RESOLUTION 1990-133
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council incorporate the specifics,
as recommended by the Planning Commission, regarding the Capital Improvement Program
as it relates to the General Plan and adopt Resolution 1990-133 entitled, RESOLUTION OF
THE TOWN OF LOS GATOS ADOPTING CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 1990-91 THROUGH 1992-93. Carried by a vote of 4 ayes.
Mr. Hamilton absent.
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HAZARDOUS WASTE/UNDERGROUND STORAGE/CENTRAL FIRE DISTRICT
ENFORCEMENT AGENCY/RESOLUTION 1990-134
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990-
134 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING ITS
ASSUMPTION OF RESPONSIBILITY FOR THE IMPLEMENTATION OF CHAPTER 6.7 OF
CALIFORNIA HEALTH AND SAFETY CODE AND DESIGNATING SANTA CLARA
COUNTY CENTRAL FIRE PROTECTION DISTRICT AS THE AGENCY RESPONSIBLE FOR
ADMINISTRATING AND ENFORCING SAID CHAPTER. Carried by a vote of 4 ayes. Mr.
Hamilton absent.
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PURCHASE OF TOWN PROPERTY/ALAN SIMS/SANTA CRUZ AVE SOUTH
Motion by Mrs. Benjamin, seconded by Mr. Carlson, that Council find that it is not in the
Town's best interest to sell that portion of land under request by Mr. Sims at this time.
Carried by a vote of 4 ayes. Mr. Hamilton absent.
Mr. Ventura explained that the policy of the Town has been to not sell Town owned
property, regarding it as a valuable resource.
Mrs. Benjamin stated that the piece of property under consideration provides an entrance
to the bus depot which is needed for commuters' access.
REPORT FROM THE COMMERCIAL SPECIFIC PLAN COMMITTEE
SIGN ORDINANCE AMENDMENTS
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council make amendments to the
sign ordinance directing the Planning Department to schedule a public meeting with the auto
dealers and referring this matter to the Planning Commission to develop specific
amendments regarding "space for lease" signs and signs at auto dealers. Carried by a vote
of 4 ayes. Mr. Hamilton absent.
TRAFFIC IMPACTS/REVENUE GENERATORS
Motion by Mr. Carlson, seconded by Mr. Ventura, that section 2. be replaced by the
following concept as it relates to sales and transient occupancy tax: If the General Plan
committee wishes to revise the General Plan to identify suitable locations and types of high
revenue generating businesses based on the data coming from the Commercial Specific
Plan Study, such locations and types may be incorporated under the new traffic policy and
would be reason to find that they are a benefit to the Town providing they are non-intensive
at peak hour traffic periods. Carried by a vote of 3 ayes. Mr. Ferrito voted no stating his
concerns in prioritizing revenue generating businesses simply because they produce sales
tax. There may be adverse impacts associated with some developments that are not
justified by the increase in sales tax. Mr. Hamilton absent.
DOWNTOWN PARKING
Item 3 was not acted upon and downtown parking has remained static although Council
considered the staff report to contain a creative solution it would need to wait until the new
lots are finished before implementation and the Chamber of Commerce and the Downtown
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Association will need to work with the merchants and employees in trying to deal with the
problem of parking at this time.
PROPERTY/SOUTH OF SARATOGA AVE/EAST OF HWY 17/RESOLUTION 1990-135
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990-
135 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING PROPERTY
SOUTH OF SARATOGA AVENUE AND EAST OF HIGHWAY 17, modifying 3rd paragraph
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PROPERTY/RESOLUTION 1990-135 CONT.
to read "...it is necessary to retain the use of the property as a hotel which would provide an
important source of revenue to the Town...." and modifying 4th paragraph to read "...the
Town council hereby establishes the following guidelines, (which do not guarantee approval
of a project,) for the property located south of Saratoga Ave...". Carried by a vote of 3 ayes.
Mr. Ferrito voted no, not agreeing with the amount of detail (in regards to size) delineated in
the resolution. Mr. Hamilton absent.
OFF-SITE AUTO STORAGE
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council refer to Planning
Commission investigation of amendment to the zoning Ordinance allowing off-site auto
storage in all zones subject to specific standards with a Conditional Use Permit, and which
would be evaluated on a case by case basis Carried by a vote of 4 ayes. Mr. Hamilton
absent.
NEW OFFICE SPACE/GROUND FLOOR PROHIBITED/URGENCY INTERIM ZONING
ORDINANCE 1826
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council make the findings that the
Urgency Interim Zoning Ordinance is necessary to protect the public health, safety and
particularly public welfare as set forth in Section I of the Draft Ordinance, stating that the
downtown area is under study and has been effected by the earthquake and is the primary
location for high revenue generation and that Council wishes to maintain the status quo
during the study and until the study can be implemented. Carried by a vote of 4 ayes. Mr.
Hamilton absent.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council waive the reading of the
draft Urgency Interim Zoning Ordinance. Carried by a vote of 4 ayes. Mr. Hamilton absent.
The Town Clerk read the Title of the Urgency Interim Zoning Ordinance.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council introduce Draft Urgency
Interim Zoning Ordinance, Sections I, III and IV. Carried by a vote of 4 ayes. Mr. Hamilton
absent.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Urgency Interim
Zoning Ordinance 1826 entitled, URGENCY INTERIM ZONING ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE CONCERNING OFFICE
DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT, including Sections I, III and IV.
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June 18, 1990
Los Gatos, California
Carried by a vote of 4 ayes. Mr. Hamilton absent.
Motion by Mr. Ventura, seconded by Mr. Carlson, that the Town Clerk schedule a public
hearing for July 2, 1990, to extend the Urgency Ordinance for 10 months and 15 days, and
to consider the C-1 Zone, Neighborhood Commercial Zone, in said Ordinance. Carried by a
vote of 4 ayes. Mr. Hamilton absent.
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June 18, 1990
Los Gatos, California
COUNCIL REPORT
Mr. Ferrito reported appointment of representative Katowski to the Traffic Authority by the
West Valley Cities' Mayors.
ADJOURNMENT
Mayor Ferrito announce the adjournment of this evenings meeting at 11:45 p.m. to June 25,
1990, at 7:30 p.m. Mary Jo Levinger, Town Attorney, announced Closed Session to be held
at 5:30 p.m. in regards to Personnel, under Government Code Section 54957, prior to the
June 25th meeting.
ATTEST:
Marian V. Cosgrove
Town Clerk
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