M 05-21-90TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 21, 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 7:45 p.m., Monday 21, 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.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session pursuant
to Government Code Section 54956.9(a) to discuss Pending Litigation regarding Kang Ming
Ho vs Town Council. There is no report from that discussion at this time.
Pursuant to Government Code Section 54956.9(b), Council met to discuss Threat of
Litigation regarding Santa Rosa Subdivision having first made a finding of significant
exposure to litigation. There is no report from that discussion at this time. This item is on
this evening's agenda.
Pursuant to Government Code Section 54956.9(c), Council met to discuss Institution of
Litigation regarding Parking Lots 4 & 9. There is no report from that discussion at this time.
Institution of Litigation regarding Route 85 was not discussed and will be discussed at the
conclusion of tonight's Council meeting.
SCHEDULE OF PUBLIC HEARINGS
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS
Informational report regarding county referrals was received and filed.
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PAYROLL/RATIFICATION/MAY 4, 1990
Motion by Mr. Carlson, seconded by Mr. Hamilton, for ratification of the accompanying
check registers for payroll in the amount of $217,083.56 paid on May 4, 1990. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY 1990
Motion by Mr. Carlson, seconded by Mr. Hamilton, for ratification of accounts payable
invoices and accompanying check registers in the amount of $1,974,937.18 paid on May 4
and 11, 1990.
8901 PROJECT/HILOW ROAD/COMPLETION NOTICE
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for Project 8901 - Hilow Road Pathway. Carried unanimously.
CERRO VISTA COURT 15949/SHANKER/FINAL OCCUPANCY PERMIT
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council authorize the Town
Engineer to approve occupancy (assuming all items pertaining to Dr. Shanker's property are
complete) as soon as all the items listed in the Town Engineer's letter of May 15, 1990, are
complete and the process for final acceptance of the subdivision by the Town Council has
begun. Carried unanimously.
HIGH SCHOOL GRADUATION/STREET CLOSURE
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council approve the Los Gatos
High School request to divert traffic from East Main Street on June 15, 1990, between 6:00
p.m. and 8:00 p.m., during the graduation ceremony. Carried unanimously.
CYPRESS WAY/PARKING PROHIBITION/RESOLUTION 1990-95
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
95 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FOR PARKING
PROHIBITION 16580 CYPRESS WAY. Carried unanimously.
YOUTH ADVISORY COMMISSION/RESOLUTIONS OF COMMENDATION
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt the following
resolutions commending the Youth Advisory Commissioners for their service on the
Commission for the year 1989-1990:
Resolution 1990-96 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS COMMENDING TIFFANY HACKETT.
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Resolution 1990-97 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS COMMENDING MARIA BIBER-FERRO.
Resolution 1990-98 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS COMMENDING SHANNON ORTIZ.
Resolution 1990-99 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS COMMENDING SCOTT BURNS.
Resolution 1990-100 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING MELISSA GREANIAS.
Resolution 1990-101 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING ANANDA SABOLD.
Resolution 1990-102 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING LARA BLACHMAN.
YOUTH COMMISSIONERS CONT.
Resolution 1990-103 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING KIRK NORDENSTROM.
Resolution 1990-104 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING KRISTEN SWAN.
Resolution 1990-105 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING KIRSTEN FISH.
Resolution 1990-106 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING ERIK WOLF.
Resolution 1990-107 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING CAITLIN SCHECHTER.
Resolution 1990-108 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS COMMENDING MARY GILLESPIE.
Carried unanimously.
HOUSING AND HOMELESS/BOND ACT/PROP 107/RESOLUTION 1990-109
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
109 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUPPORTING PROPOSITION 107, THE HOUSING AND HOMELESS BOND ACT OF
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1990. Carried unanimously.
ALCOHOLIC BEVERAGES FOR SERVICE WITH MEALS/RESOLUTION 1990-110
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Resolution 1990-
110 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONCERNING THE SALE OF ALCOHOLIC BEVERAGES IN THE C-2 ZONE. Carried by a
vote of 3 ayes. Mr. Ventura and Mayor Ferrito voted no for reasons stated in previous
record.
HOTELS/MOTELS/MULTIPLE FAMILY DWELLING UNITS/ZONING ORDINANCE
AMENDMENT/ORDINANCE 1821
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt Ordinance 1821
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. which was introduced at the Town Council meeting
on May 7, 1990. Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons previously
stated.
VERBAL COMMUNICATIONS
Mardi Bennett, 38 Alpine, submitted letter to Council with information regarding the bed
and breakfast issue in residential areas, the suggestion being that this additional business in
the community would generate needed revenues. Mrs. Bennett requested this issue be
referred to the Planning Commission for further consideration.
VERBAL COMMUNICATIONS CONT.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council refer this issue to the
Planning Commission at such time as the Town will be reinvestigating the housing element
of the General Plan. Carried by a vote of 4 ayes. Mayor Ferrito voted no.
HEARINGS
MORE AVE 573/ANNE SEIP/TREE REMOVAL/S-90-15/HEARING
Mayor Ferrito stated that this was the time and place duly noted for Council to consider
appeal of Planning Commission decision to deny an appeal of a decision of the Planning
Director in denying a request to remove a protected tree on property in the R-1:10,000 zone.
Property located at 573 More Avenue. Property owner, Anne Seip.
The following people from the audience spoke to this issue:
Anne Seip and Mark Orr, 573 More Ave., explained the need to remove tree due to sewer
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problems and neighbor's health problems.
Bob Bryant, Director of Parks, Forestry and Maintenance, addressed the health of the tree
and the fact that it should be saved.
There was no one else from the audience who wished to address this item.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council grant the appeal and
find that the Planning Commission erred by believing they had to deny the removal of every
protected tree in Town, and not allowing for alternatives for the replacement of trees with
equal or better specimens. Amended to include the number of trees to be planted will be 18
instead of 15 thereby keeping the ratio of three trees to replace every tree removed. This all
subject to the discretion of staff. Carried by a vote of 4 ayes. Mr. Ventura voted no stating
that he has usually voted in support of existing trees and will remain consistent.
LOS GATOS BOULEVARD 14890/Z-88-6/MAGPANTAY/YATCO/REZONE/HEARING
Mayor Ferrito stated that this was the time and place duly noted for public hearing to
consider zone change application Z-88-6 to rezone one parcel from R-1:10,000 to R-8000.
Property located at 14890 Los Gatos Boulevard. Property owners, Magpantay and Yatco.
The following person addressed this issue:
John Lien, 196 College Ave., architect representing owner, answered questions regarding
project.
There was no one else from the audience to address this issue.
Motion by Mr. Ventura, seconded by Mr. Hamilton, to close the public hearing. Carried
unanimously.
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LOS GATOS BOULEVARD CONT.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council find the proposed
amendment consistent with the General Plan for the reasons stated in the Council report.
Carried by a vote of 4 ayes. Mr. Ferrito vote no for the following reasons: Los Gatos
already supplies an abundance of nursing home facilities; housing stock is depleted by the
removed homes; the project will cause a traffic impact due to its size; intensification of land
use within 1/4 mile of the 85 Corridor; affordable housing should be addressed instead.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to waive the reading of the draft
ordinance. Carried unanimously. The Town Clerk read the title of the draft ordinance.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council introduce draft
Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING MAP NO. 127 FROM R-1:10 TO R-1:8 FOR THE PROPERTY LOCATED AT
14890 LOS GATOS BOULEVARD. Carried by a vote of 4 ayes. Mayor Ferrito voted no.
RIGHT HAND TURN/LARK & LOS GATOS BLVD/PROHIBITION
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council approve placing a yield
sign on the corner of Lark and Los Gatos Blvd and that staff return to Council in six months
with a report on the success of this project, and actions needed for enforcement. Carried
unanimously.
RIGHT HAND TURN/SHANNON & LOS GATOS BLVD/PROHIBITION
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council request staff return with
report on how to revise intersection so that the straight across movement is clearly marked
from the laid out points at the Honda dealer; that the right turn is channeled so only one
direction can occur; that the bike lane goes through safely; and that the same action be
considered from Roberts Rd. right hand turn onto Los Gatos Blvd with the same treatment to
be considered for a straight through from Roberts Road to Shannon. Carried by a vote of 3
ayes. Mr. Ventura and Mayor Ferrito voted no.
OIL SPILL PREVENTION & RESPONSE ACT/SB2040/AB2603/RESOLUTION 1990-111
Motion by Mr. Ventura, seconded by Mr. Ferrito, that Council adopt Resolution 1990-111
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ENDORSING SB 2040/AB 2603,
THE OIL SPILL PREVENTION AND RESPONSE ACT. Carried unanimously.
Mr. Hamilton requested the record show that a private organization, Clean Bay, has already
been successful in cleaning up an oil spills in the wet lands, and that Shell Oil has cleaned
up their own oil spill in the wet lands; feels that formation of this additional organization is
costly and superfluous.
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Los Gatos, California
MINUTES OF MAY 7, 1990
Mrs. Benjamin requested page 2, Accounts Payable, correct Mr. to Mrs. Benjamin.
Mrs. Benjamin requested page 5, Alcoholic Beverages, under Mrs. Benjamin's comments be
amended as follows: Mrs. Benjamin; young people obtain alcohol from liquor stores when
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MINUTES CONT.
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.
Mrs. Benjamin requested page 6, Secondary Units, bottom of page, under BMP
requirements, be amended as follows: BMP requirements on new secondary units are not
easy to enforce and may not be economical for the property owners. These requirements
will not be serving those people you are hoping to serve.
Mrs. Benjamin requested page 9, Oka Road Cont., last sentence be amended to read "the
Freeway will be built soon."
Mrs. Benjamin requested page 10, Second-Story Additions, the word stating be amended to
stated.
Mr. Ventura requested page 4, Alcoholic Beverages, last sentence be amended to read,
"Can support service of beer and wine with dinner, but feels the motion is over
broad......"
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council approve the Minutes of
May 7, 1990 as amended. Carried unanimously.
MINUTES OF MAY 14, 1990
Mrs. Benjamin requested page 2, Motion by Mr. Ventura, be amended to reflect the
following: This application does not fit Council policy because the building will not
look exactly like before the quake or the way it did when it was first built in 1904.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council approve the Minutes of
May 14, 1990 as amended. Carried unanimously.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational item received and filed.
HILLSIDE DEVELOPMENT STANDARDS/RESOLUTION 1990-112
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council find that the proposed
amendments to the Hillside Development Standards are consistent with the General Plan
and Hillside Specific Plan as described in Council report and as recommended by the
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Planning Commission. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990-112
entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REVISING THE HILLSIDE DEVELOPMENT STANDARDS APPLICABLE IN THE HR AND
RC ZONES. Carried unanimously.
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SHANNON ROAD 14615/HABIB AZAR
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council allow applicant to proceed
under subdivision and that applicant Habib Azar's subdivision at 14615 Shannon Road be
subject to the Hillside Development Standards that were proposed by the Town Council at
the December 12, 1989 Council meeting and approved by the Town Council at the May 7,
1990 Council meeting. Carried unanimously.
Virginia Finnelli, speaking for Mr. Azar, requested answers regarding project.
ROUTE 85/WEST VALLEY CORRIDOR/VISUAL DESIGN
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council approve the
recommended changes to the Visual Design Guidelines noting the following corrections:
City References Checklist, page 4, where landscaping is not feasible the slope paving can
be painted or stained to match the parapet; City Reference Checklist, page 4, the bridge
abutment will not be painted, it will be a natural concrete color. This motion contains the
request that the Consultant and the Traffic Authority come to Los Gatos for a session
whereby Council can be shown how these changes will be applied in a consistent and
uniform fashion along the corridor and how these applications will relate to Los Gatos and to
neighboring communities. Carried by a vote of 3 ayes. Mr. Ventura abstained, stating his
disappointment in the lack of concern by the Traffic Authority over the concerns and requests
made by Los Gatos. Mayor Ferrito voted no.
WATER USAGE/DROUGHT CONDITIONS/URGENCY ORDINANCE 1822
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council adopt the urgency
ordinance supplementing Chapter 24 of the Los Gatos Town Code, to permit the pass-
through of charges imposed by the water company supplying water as a result of excess
water usage. Carried by a vote of 4 ayes. Mr. Ventura abstained.
The following action occurred later in the meeting:
Mr. Ventura left the room at 9:26 p.m.
By consensus motion Mr. Carlson, withdrew his previous motion. Carried by a vote
of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to waive the reading of the draft
ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent. The Town Clerk read the title
of the draft ordinance.
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council make the necessary
findings for an urgency ordinance. Carried by a vote of 4 ayes. Mr. Ventura absent.
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Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council introduce and adopt
Urgency Ordinance 1822 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS
GATOS SUPPLEMENTING CHAPTER 24 OF THE TOWN CODE, PROVIDING FOR PASS-
THROUGH OF PENALTIES FOR EXCESS WATER USAGE DURING THE CONDITION OF
DROUGHT. Carried by a vote of 4 ayes. Mr. Ventura absent.
Mr. Ventura returned to the meeting at 9:29 p.m.
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CONGESTION MANAGEMENT PLANNING AGENCY
Motion by Mr. Carlson, seconded by Mr. Hamilton, that Council reaffirm its previous
position and express extreme disappointment in the recommended composition and policies
of the agency. Mayor Ferrito added the following: the changes described do not meet
Council's previously stated concerns; the membership structure did not change; one person
one vote is not a fact; County Transit is still represented but does not represent a body of
people; County and San Jose reserve approval for amendments to governing charter;
withdrawal from agency automatically constitutes nonconformance with the requirements of
the agency and state funds
will be lost; the requirements are directly contrary to the goal which was to foster early
communication between member agencies on projects and issues that impact other member
cities. Carried unanimously.
CIP/CAPITAL IMPROVEMENT PROGRAM/STUDY SESSION/JUNE 5, 1990
By consensus, Council will reschedule the Capital Improvement Study Session from May
29, 1990 to Tuesday, June 5, 1990, at 8:00 p.m.
ADJOURNMENT
Mary Jo Levinger announced that Council will adjourn to Closed Session Pursuant to
Government Code Section 54956.9(c) Institution of Litigation regarding Route 85, at 9:29
p.m.
ATTEST:
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May 21, 1990
Los Gatos, California
Marian V. Cosgrove
Town Clerk
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