M 05-13-91TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 13, 1991
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 110 East Main Street, at 7:06 p.m., Monday, May 13, 1991, in special
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin (arrived at 7:10), Steven Blanton,
Eric D. Carlson and Mayor Brent N. Ventura.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
HEARINGS
FEE AND RATE STRUCTURE/TOWN SERVICES/HEARING/RESOLUTION 1991-94
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider change in the fee and rate structure for use of Town Services and adoption of
resolution.
The following people from the audience spoke to this issue:
Andrew Watson, 56 Cleland Ave., does not want to see a fee placed upon the appeals
process.
Mary Bagattalis, 36 Peralta, requested the addition of parking fees for the commercial
district by requiring the owners and employees to purchase a parking permit for $50 to $100
a year.
Ellen Graff, 805 Lilac Way, representing the Chamber of Commerce, would appreciate
seeing the whole community participating in the process of raising fees, and not just the
commercial district, by including other methods of revenue building.
Linda Lubeck, 47 Fillmer Ave., finds that the fees proposed particularly affect certain
businesses such as architects, contractors and restauranteurs. Would propose some
leveling of the fee structure and use of other means of raising taxes such as the utility tax.
Joe Hargett, representing the Downtown Association, would not be in favor of raising fees
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for tier 2 restaurant while encouraging additional growth in the restaurant business. Would
favor retaining current level fees and moving in accordance with the recommendations of the
Commercial Specific Plan Report.
Dan Simons, 340 University Ave., spoke concerning affordable housing and the increase in
new development fees in a suggested development of over six units, stating that the
proposed fees raise each unit by $22,000; the BMP cost per unit is $6,000; and the traffic
mitigation per unit is $4,000. Requested reconsideration of these fees in relationship to
affordable housing projects.
Eric Morely, legislative advocate for the Los Gatos-Saratoga Board of Realtors, addressed
the 100% cost recovery policy, suggesting that attainable housing in Los Gatos will be
affected and that these fees are 30% to 44% higher than those in neighboring communities.
Increased density could help with the affordability problem
Bill Jacobson, 17470 High St., speaking for the Library Board, is in favor of the increase in
fees.
No one else from the audience addressed this issue.
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HEARINGS
FEE AND RATE STRUCTURE/CONT.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Carlson, to not raise the fee for appeals at
this time, feeling that accessibility to the local government is essential. Carried by a vote of 4
ayes. Mr. Attaway voted no, stating that the Planning Commission's decisions should be given
more weight by charging a fee in order to appeal the Commission's decision.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, to have staff return with a higher fee
schedule on Community Services Fees for the Neighborhood Center, Category II, Private
Parties. Failed by a vote of 2 ayes. Mr. Attaway, Mr. Blanton and Mayor Ventura voted no.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council accept the recommended
fee schedule for Community Services Department Fees except for the Non-resident fees
which will return to staff for further consideration and comparison to fees of local private
facilities. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that we remove the fee from the
tree removal permit. Carried by a vote of 3 yes. Mr. Blanton and Mr. Carlson voted no,
stating that the service does deserve payment of a fee.
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt Resolution 1991-94
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A SCHEDULE OF
SERVICE FEES FOR BUILDING, COMMUNITY SERVICES, ENGINEERING, GENERAL
ADMINISTRATION SERVICES, LIBRARY, PARKS, FORESTRY & MAINTENANCE,
PLANNING, POLICE AND TOWN CLERK DEPARTMENTS AND REPEALING PREVIOUS
RESOLUTIONS, which incorporates the amendments made this evening. Carried
unanimously.
COMMERCIAL SPECIFIC PLAN COMMITTEE/FINAL REPORT
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider the final report of the Commercial Specific Plan Committee.
The following people from the audience spoke to this issue:
Dr. McFate, 50 Saratoga Ave., Los Gatos Lodge, explained the financial burden of the
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property and unavailability of financially feasible development propositions. Requested
consideration of approval of a 300 room hotel financed by construction of housing on the
hillside.
Steve Rice, Vice-Chair of the Commercial Specific Plan Committee, encouraged an open
review of the document so that the Committee could respond to Council's comments as they
were made.
Ellen Graff, President of the Chamber of Commerce, requested Council's consideration in
adopting and implementing the report as soon as is practical.
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HEARINGS CONTINUED
COMMERCIAL SPECIFIC PLAN/CONT
Linda Lubeck, member of the Specific Plan Committee, requested Council's consideration
of appointing a committee to review the policy of design review standards rather than hiring
an expensive consulting service.
Mayor Ventura requested that the record reflect his desire to see the wording modified in
Item II; A. Issues; #8, of the Committee Report.
Mrs. Benjamin made comments on page 6; within items 3, 4 & 5 the word "relax" was not
to her preference; that Sec. II. C. 6. should remain at a lesser priority; Sec. II. C. 9. should
strongly consider the accessibility of the public to their local government on projects that
impact their neighborhoods; and Sec. II. C. .12 should remain as a low priority.
Consensus motion to include the word consider relaxing in Secs. II. C. 3., 4. & 5. on page
6.
Consensus motion to change the word restricted to prohibited in item 5. b. on page 6.
Michael Abkin referring to the streamlined development process he explained the proposal
assumed a non obligatory option for preliminary review which would include a minimal
service charge.
Consensus motion to change Sec. II. C. 9. on page 6 to read, "Identify areas or projects for
which the development process can be streamlined to allow staff greater decision making
without sacrificing public input, noticing requirements, or compromising design standards."
Consensus motion to have Sec. II. C. 10. be an optional process and those who wished to
use it would be charged a cost recovery fee.
Consensus motion to have Sec. II. C. 16. on page 7 read, "Develop appropriate and
individually delineated residential design standards for mixed use developments for each
Commercial Area where permitted.", and deleting the second sentence.
Consensus motion that Secs. II. C. 15. and 16. on page 7 would be valued at 5 medium
priority.
Consensus motion that Sec. III. A. 1. c. page 8 read, " To allow intensification of
existing commercial properties within certain parameters."
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Consensus motion that Sec. III. A. 2. a. page 8 include the words, ".... process for non
street front exterior improvements....."
Consensus motion that Sec. III. A. 2. c. page 8 read, "....guidelines for Planned
Developments which allow intensification of use within certain parameters."
Consensus motion that Sec. III. C. 2. c. page 10, and Sec. III. 2. b. (2). page 13 read,
"....process for non street front exterior improvements...."
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HEARINGS CONTINUED
COMMERCIAL SPECIFIC PLAN/CONT
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Sub-Area 3, Sec. III. E. 2. c. (2),
on page 13 be encouraged to be LM or R&D zones if use as a park is not feasible. Carried
by a vote of 3 ayes. Mr. Attaway and Mr. Carlson voted no.
Consensus motion that Sec. III. F. 2. c. page 14 have the first word "Encourage" changed
to Allow.
Consensus motion that Sec. III. F. 2. d. page 14 include, "....of use (designated specific
parcels) consistent with the Town's policies regarding historic preservation.
Consensus motion that Sec. III. F. 2. e. page 14 include, "....second floor for new
buildings.", and have a priority rating of 4 high, 1 medium.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, to modify Sec. III. F. 2. d. page 14
to change the word Encourage (which implies rapid pace) to Allow (which is a more
moderate word.) Carried unanimously.
Consensus motion that Sec. III. G. 2. c. page 15 include, "Provide better access to mass
transit...."
Mayor Ventura noted for the record that he would not be voting or acting upon items
discussing redevelopment due to a possible conflict of interest.
Consensus motion that Sec. III. H. 2. a. (1) page 16 read, "Approximately 300 quest
rooms."
Consensus motion that Sec. III. I. 2. g. page 18 be clarified such as, "....entertainment
business excluding night clubs and bars that do not provide food service."
Consensus motion that Sec. III. I. 2. h. page 18 read, "Consider installing parking
meters....."
Consensus motion that Sec. III. I. 2. l. page 18 add, "...historic character of the downtown
as outlined by the Earthquake Restoration Committee."
Mayor Ventura abstained from discussing page 20 due to a possible conflict of interest.
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Consensus motion if the Commercial Specific Plan Committee had at least six votes for an
item it will have a priority consideration of high and the remaining votes with descending
ranking will be measured as medium to low.
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council accept the Final Report
from the Commercial Specific Plan Committee including all the consensus motions and
priorities. Carried unanimously.
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HEARINGS CONTINUED
COMMERCIAL SPECIFIC PLAN/CONT
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council direct staff to carry out the
implementation measures by highest priority first, and to prepare a letter for the Mayor's
signature to the Chamber of Commerce and the Downtown Merchants Association
requesting these organizations consider hiring an economic development coordinator.
Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Blanton, that Council sunset the Commercial
Specific Plan Committee. Carried unanimously.
CAPITAL IMPROVEMENT PROGRAM/CIP 1991-1994
Mayor Ventura stated that this was the time and place duly noted for public hearing to
consider the approval of the 1991-1994 Capital Improvement Program.
The following people from the audience spoke to this issue:
Mike Bomberger, Chairman of Los Gatos Parks Commission, requests that the park funds
be channeled toward the Novitiate Park Site on a first priority basis.
Ardith Sams, Parks Commissioner since 1976, talked about the history of the Novitiate
Park development and the need to complete this park at this time.
Dianna Bond, 108 Fancher Crt., representing CASA, spoke in favor of moving the 7-11 bus
stop to the new project area of parking lot 15.
Ted Simonson, Principal of Los Gatos High School, spoke in favor of the Alpine Street
parking lot bus stop as an alternative to the 7-11 location.
Chief Todd, Los Gatos Police Chief, detailed the need to move the 7-11 bus stop to a
different location.
No one else from the audience addressed this issue.
Motion by Mr. Carlson, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Carlson, seconded by Mayor Ventura, to remove Shannon Road at
Blossom Hill Park undergrounding program from funded and place on unfunded, and place
the $43,000 in an investment fund. Carried unanimously.
Motion by Mr. Carlson, seconded by Mr. Blanton, that the Mayor appoint himself, Mrs.
Benjamin, other members of the Council, Mr. Bomberger from the Parks Commission to
pursue whether between now and September first, construction on the Creek Trail can take
place and the allocated $93,000 Transit Development Act Creek trail Funds can be utilized
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this year. If this project does not progress by September 1, 1991, staff will apply applicable
funds toward the completion of the Novitiate Park and the purchase of new playground
equipment. Carried unanimously.
Consensus Motion to pursue the building of Lot 15 as soon as possible.
Motion by Mr. Carlson, seconded by Mr. Blanton, that Council approve the 1991-1994
Capital Improvement Program with amendments made this evening. Carried unanimously.
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NOISE REGULATIONS/INTRODUCTION OF ORDINANCE
Jeff Pack, of Ed Pack Associates, Sunnyvale, gave a presentation regarding the sound
levels found with in the Town.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council waive the reading of the
Draft Ordinance. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton absent having
left the room for a few moments. The Clerk read the title of the Draft Ordinance.
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council introduce Draft
Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER
11 OF THE TOWN CODE REGARDING NOISE REGULATIONS. Carried by a vote of
three ayes. Mr. Attaway and Mr. Blanton absent. Maker of the motion withdrew his
motion.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that two amendments be made to
the Draft Ordinance; Sec. 11.30.035. Construction: Construction shall be allowed between
the hours of 9:00 a.m. and 7:00 p.m. on weekends and holidays; Sec. 11.30.060. Powered
Equipment: The operation of powered equipment shall be allowed between the hours of
9:00 a.m. and 7:00 p.m. on weekends and holidays. Carried by a vote of 4 ayes. Mayor
Ventura voted no.
Motion by Mr. Carlson, seconded by Mr. Attaway, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 11 OF
THE TOWN CODE REGARDING NOISE REGULATIONS, with amendments. Carried
unanimously.
CAR SALES EVENT/MAY 18, 19 & 20, 1991
Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council approve the request for
a special car sales event for May 18 through 20, 1991. Carried unanimously.
COMMISSIONER REPORT/PARKS COMMISSION
Ardith Sams, Parks Commissioner, asked Council to consider naming the Novitiate Park in
honor of Bob Bryant, retiring Parks, Forestry and Maintenance Director of twenty-five years.
ADJOURNMENT
Mayor Ventura announced the adjournment of this evening's meeting at 11:32 p.m.
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ATTEST:
Marian V. Cosgrove
Town Clerk
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