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 .
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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 .
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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
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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