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M 12-01-19805 December 1, 198 0 Los Gatos, Californi a TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :35 p .m .,in regular session . ROLL CALL PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N . Ventura and Mayor Thomas J . Ferrito . ABSENT : Ruth Cannon . PLEDGE O F ALLEGIANCE Given by all in attendance . PRESENTATION Mr . Harold West and Wayne Grebeil, representatives of th e AWARD -State Maintenance Superintendent Association, presented th e JOHN ESTRUTH Peter W . Walsh award (the Maintenance Superintendent's awar d of the year) to Los Gatos Maintenance Superintendent, Joh n 0 . Estruth . VILLA VASONA Mayor Ferrito stated this was the time and place duly publishe d 612 W . PARR to consider the following : AVENUE 1 . Proposed development agreement with Villa Vason a Ltd . 2 Appeal of Planning Commission's decision not t o require an EIR . 3.Zone change application Z-OO-ll, requesting zon e change from RM :5-12 to "0" in order to construc t a 115 unit low and moderate income housin g development . 4.Subdivision application M-80-11 (lot merger). 5.Proposed agreement to purchase land from the Count y of Santa Clara . Director of Community Programs, Jill Cody and Planning Director , Lee Bowman, made a staff presentation to inform the audienc e of the overall housing project stating the Town is involve d in housing due to the needs of low income and senior citize n housing in Los Gatos . A map was shown designating the variou s locations for proposed landbanking, which had been reviewe d by HUD for consideration of landbanking and this includes th e W . Parr property . Mr . Bowman then made a slide presentatio n showing HUD projects that have been built in other cities an d explained some of the problems which existed in these projects . He also explained Los Gatos had appointed a selection committe e to review all of the developers plans and made recommendation s to the Council for the acceptance of the best proposal . Russell Louthian,125 Loma Alta Avenue, stated he felt thi s project could be a big asset to the Town and he would suppor t said project . Bonnie Simkins spoke against the project and presented a petitio n signed by 38 residents and shopkeepers in the area of Vasona Station and the Villa Vasona project . She stated traffi c congestion in the area is bad now and feels development woul d stimulate more traffic . and an EIR should be required . Ms . Simkins stated she would approve development if it were fo r senior citizens only . Catherine Little, 110 Oak Rim Court, spoke in support of th e project . Warren Bisbee, 18400 Overlook Road, asked about preferenc e system and whether Los Gatos residents would be assured o f preference . Town Attorney, Mr . Hays, stated the developer has agreed t o a preference clause being put into the developers agreement . Carol Willowby, from audience, stated she is familiar wit h projects of this kind and the Town cannot maintain preferenc e due to minority requirements set up by HUD . -1 - 416 VILLA VASONA (CONTINUED ) APPEAL 4 LO T SUBDIVISIO N BURTON ROA D BONNIE LAN E REZONING VILLA VASON A 612 W . PARR AVENUE PROJEC T (CONTINUED) December 1,,1980 Los Gatos, Californi a Lowell Gratton, a resident of Los Gatos feels Los Gatos i s doing its fair share and the key to the success of the projec t being maintained properly is good management . Mr . Huckel,representing Mr . Kotwicki, asked Council if agend a item VI-B could be continued to December 15, 1980 meeting . Mr . Ventura moved matter be continued as requested . Mr . Siemens seconded . Unanimously carried . Janet McCormack, of Bonnie Lane, asked Council if the matte r of CONSENT ITEM VII-H, would be taken up at this meeting ? Mr .. Siemens moved this item and the balance of the agenda b e continued to 7 :30 p .m .,December 2,1980 .Mr . Ventura seconded . Unanimously carried . Dennis Burrows, member of the selection committee for sai d project spoke of the many good architectural features of th e said project . Richard Gaines,340 Johnson Avenue, spoke in support of Plannin g Commission's decision on not requiring an EIR . He feels thi s project could be an award winning project as the architecture , solar system and landscaping is very good . Andy Duran, 126 Carlester Drive, stated he felt the Counci l could have requested an EIR be done and also feels Plannin g should have compiled information regarding sewerage, drainage , police protection and fire protection . Planning Commissioner, Lois Chapson, stated Mr . Gaines spok e for the majority of the Planning Commission but, there is als o a minority group and feels if federal money is being used the n somebody from HUD should be here to explain . Rauol Pomerleau,1089 W . Parr Avenue, asked for clarification as to the number of children allowed per family unit an d questioned as to who pays the taxes . Mr . Schaff ran stated the developers pay the taxes . Council asked staff to notify Mr . Pomerleau and Ms . Simkins of any future hearings . Kathy Morgan, 142 Wheeler Avenue, President of Los Gatos Home - owners Assoc ., are in support of the concept . Gustave Cardemil,115 Amber Oak Court, presented petitio n signed by 60 residents opposing the rezoning of 612 W . Par r Avenue property and he questioned as to who would screen th e applicants for residency into the complex . Mayor stated the developer would be responsible for screenin g of applicants as set forth in the agreement between the Tow n and the developer . Mr . Cardemil also questioned as to what interest rate HU D charges on money loaned for this project . Mr . Schaffran stated it was 7%for 40 years . Mr . Gordon Martin, 210 Rushmore Lane, stated the Town canno t afford to lose this project and urges Council to go ahea d with the development . Bob Hamilton,336 Bella Vista, read letter from Egon Jensen, by 1 urging Council to grant the appeal 18 overturning recommendatio n by the Planning Commission by finding that an EIR should b e part of this project . Vicki Powell, spoke in support of the project and wanted t o speak in support of the low income housing for families . John EntolT, asked the Council to look into the possibilit y of putting through Route 85 to carry some of the traffic w e have now before building anymore . - 2 - 41 7 December 1, 198 0 Los Gatos, Californi a VILLA VASONA Barry Simkins, read letters from people in the area of a lo w(CONTINUED)income housing project called San Tomas Gardens . Thes e letters spoke of vandalism, drug abuse and police problems . Mr . Simkins feels if Los Gatos puts in this project they wil l need a strong manager or else they will have the same problems . Catherine Smith, presented petition signed by 35 residents o f Los Gatos in favor of Villa Vasona project and Ms . Smith spok e of a similar project in Palo Alto called Webster Woods, whic h is very nice and feels Villa Vasona would be better . Kerry Lashley, 14241 Capri Drive, spoke against the allotmen t of parking spaces in the project . Lela Austin presented a letter from the League of Women Voter s commending the community of Los Gatos for its continuin g efforts to provide affordable housing in Los Gatos and support s the Villa Vasona project . Philip Trautman, 107 Cherrywood Court, spoke in opposition o f mixed housing development . Jerry Eng,401 Dardanelli Lane, spoke in opposition of th e project . Mr . Schaffran,co developer of the project stated he woul d like to respond to some of the arguments and made a slid e presentation showing some other HUD subsidized development s which are well maintained and an asset to the communities . Mr . Schaffran then spoke on the agreement between the develope r and the Town and stated if the Town feels a reversion claus e is necessary, he suggests it be for 65 years and not 50 years . Mayor Ferrito stated he also wished to recognize letter s received from D .E . Johnson, Helen Kalas and Mr . Green . All opposing the project . After further discussion and there being no one else in th e audience wishing to speak, Mrs . Rasmussen moved hearing b e closed . Mr . Siemens seconded . Unanimously carried . Discussion was held on working of the agreement between th e developer and the Town of Los Gatos . Mr . Ventura suggested changes in the agreement on Page 4 -(4 ) to delete all wording after "copy attached as Exhibit 'C'" and do the same thing on Page 10 (d). Mr . Schaffran suggested the Council add to this, "the affirmativ e of fair housing marketing plan". It was consensus of Council to weave this in the contract . Mr . Siemens suggested this agreement be tied to Council's approva l of the HUD contract which would actually make a three wa y agreement . Mr . Schaffran stated this sounded like a good idea . Mr . Hays questioned the 50 year clause and whether the develope r would sign if this is included in the agreement . Mr . Siemens stated he feels once we make a three way agreemen t on the affirmative fair housing plan, that will include al l the wording the Town is interested in and once it is approve d and made a part of this contract either by reference or whatever , then he feels Council has some insuranc e Mr . Schaffran asked that 50 year clause be changed to 65 years . Mrs . Rasmussen moved the 50 year reversion clause remain as thi s is what is stated in the RFP . Motion died for lack of second . Mr . Siemens moved that contract should be changed to reflec t a 65 year reversion clause . Mr . Ferrito seconded . Motion does not carry as Mrs . Rasmussen and Mr. Ventura voted no . Mrs . Rasmussen moved to keep the 50 year reversion clause . Mr . Siemens seconded . Motion does not carry as Mr . Ferrit o -3- 418 December 1, 198 0 Los Gatos, Californi a EIR APPEALS Mr . Siemens moved to deny the appealsof the decision of th e Planning Commission and grant the Negative Declaration, an d adopt Resolution No . 1980-177 entitled, A RESOLUTION AFFIRMIN G A DECISION OF THE TOWN PLANNING COMMISSION . Mr . Ventur aseconded. Carried by vote of three ayes, Mrs . Rasmussen voting no . DEVELOPERS Discussion was . held on the working of the developers agreement .AGREEMENT Mr . Siemens moved to have agreement reflect a 65 year reversio nclause. Mrs . Rasmussen seconded . Carried by vote of thre e ayes . Mr . Ventura voting no . It was consensus of Council that Page 11, 3rd paragraph unde r section 2 (c) 4th line to read "180 days". Mr . Ventur a stated he supported Mr . Siemens comments to put provisions i n agreement regarding parking - that parking would not excee d ratio as set up in the ordinance . Mr . Hays suggested tha t the Town standards be set and written into said agreement . After further discussion it was consensus of Council t o instruct the Attorney to protect the Town and put wording t o that effect in agreement,along with "just cause eviction". ZONE CHANGE It was consensus of Council that the occupancy preferenc e should be added to the ordinance, to be added under Section 5 , number 16 and Section 2, subsection 1, add - "but the 16 one - bedroom units shall be available to elderly and non-elderl y on a first come first served basis". Mr . Siemens move d changes be made in the proposed ordinance . Mrs . Rasmussen seconded . Unanimously carried . SUBDIVISION Mr . Ventura moved subdivision application and lot`-merger b eAPPLICATION AND granted . Mr . Siemens seconded . Unanimously care ed .LOT MERGE R ADJOURNMENT Mr . Ventura moved meeting be adjourned at 3 :35 a .m .,Tuesday , December 2, 1980, and be continued to 7 :30 p .m . Tuesday , December 2, 1980 . Mr . Siemens seconded . Unanimously carried . Attest : VILLA VASONA and Mr . Ventura voted no .(S ALL (CONTINUED)~J~u %c~Gr~fir e~eel 42e- /-5-./%?o