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M 05-19-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 19, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:50 p.m. in continued regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton and Mayor Brent N.Ventura. ABSENT:None. CLOSED SESSION REPORT Attorney Levinger reported that Council had met in Closed Session prior to the meeting tonight and discussed Labor Relations. There is nothing to report on that discussion. SHANNON ROAD SAFETY IMPROVEMENTS Speaking on this issue was Mrs. Annemone Barnett, 101 Wollin Way, who stated on the need for safety improvements and how important this is to all persons living in that area and using that roadway. Mrs. Benjamin questioned as to when improvements would be done or whether this has been pushed back for another year. Realizing this is a County and Town project, she feels the Town should take the lead and do the job, then bill the County for their share. Town Manager spoke on the issue and gave a summary of what has been happening on this project. County was to present a plan removing of P.G.& E poles and how this road could be improved jointly with the Town. Mrs. Benjamin stated this is high priority and feels strongly that Town should take the lead on this. This project has been on C.I.P. for about 3 years but nothing has been done to said road. Would like to see this as top priority. Mayor Ventura stated he has a call in to Supervisor Wilson's office on this subject, but has not received a response to date. Manager stated she will contact the County again and give report back to Council at the next meeting. Mayor Ventura suggested a meeting be scheduled for June 15, 1987 with noticing to the people in the area. After further discussion Mrs. Benjamin moved a public hearing be set for June 15th, 1987 re installation of traffic measures and pedestrian/bicycle improvements on Shannon Road between Los Gatos Boulevard and Short Road. Mr. Hamilton seconded. Carried unanimously. Mr. Hamilton requested a status report from Manager be given to Council each meeting so Council can keep up on any action taken on this project. LOMA ALTA AVE. TRAFFIC IMPROVEMENTS Richard Gaines, from the audience spoke on need for traffic measures of some kind at Loma Alta & Los Gatos Boulevard and suggested a public hearing be set on this item. Mr. Nick Starry spoke and suggested this be combined with the project of the widening of El Monte Hill area. Mrs. Benjamin moved this be considered under the Capital Improvement Program as high priority. Mr. Hamilton seconded. Carried unanimously. Mrs. Benjamin moved to set hearing for June 15, 1987 to consider speed control devices and traffic safety measures for this area. Mr. Carlson seconded. Carried unanimously. PLANS FOR CONSTRUCTION OF SURFACE PARKING LOTS 3,4,9 & 15 Mayor Ventura stated this was the time and place to consider the approval of plans for the construction of surface parking lots and a parking structure to be constructed at the following locations in the C-2 and C-1 zones (Conditional Use Permit Application U-86-23 and architecture and Site Application S-86-55: a. Lot 3 - Surface parking lot between Grays Lane and Royce Street along that former S. P. right-of-way. b. Lot 4 - 2 -level parking structure between Elma Street and Grays Lane along the former S.P. right-of-way. c. Lot 9 - Surface parking lot on the east side of Park Avenue, south of West Main Street. d. Lot 15 - Surface parking lot on the south side of East Main Street at Alpine Avenue. For the record Mr. Hamilton and Mr. Ferrito stepped down from their chairs, due to possible conflict of interest. SURFACE PARKING LOTS 3,4 & 9 Speaking on this issue was Nicholas Starry, requesting that Lot 15 be postponed. Mayor Ventura stated it is his understanding that Lot 15 is not going to approved tonight. The only thing that Council has promised the parking district is that there will be 22 parking spaces in that general area. Mayor Ventura then asked staff what would be the procedure for a reconsideration of a reconfigure Lot 15. It was decided that public hearing on this will be continued for a redesign and interested persons will have a chance to comment on that at a later date. There being no one else from the audience wishing to speak on this issued. Mr. Carlson moved to close the public hearing on Lots 3, 4 & 9. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to make the Negative Declaration on Lots 3,4 & 9. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to approve the Conditional Use Permit Application U-86-23 and Architecture and Site Application S-86-55 for lots 3, 4 & 9 subject to following conditions: 1. Bicycle parking facilities shall be incorporated into Lots 3, 4, and 9 to the satisfaction of the Planning Director and the Town Engineer. 2. The support columns in the lower level of Lot 4 shall be round. 3. Sidewalks installed along the west property lines of Lots 3,4 and 9 shall be in the "Villa Hermosa" theme. 4. A 6' high masonry wall is required only along the property lines of adjacent properties zoned residential. 5. For Lot 9, two tree wells shall be provided in the sidewalk proposed along the west property line to accommodate an existing oak and a proposed tree. 6. Numerous parking spaces along the west property line of Lot 4 shall be designated as loading areas from 8:00 a.m. to 9:00 a.m. to the satisfaction of the Planning Director. 7. Final parking plans shall show each parking space to be double striped. 8. The Museum Commission shall be notified of the removal of the tracks in Grays Lane to determine if the rails, ties and other artifacts are desired by either of the museums. 9. Plans for Lot 4 shall show a stairway between the Vadas property and the parking lot. 10. Details shall be provided for the planter boxes on the upper level of Lot 4. 11. The walkway to the lower level of Lot 4, located at the southeast edge of the lot, shall be removed. The sheer wall shall be moved to the west to enlarge the walkway along the Rex Morton property to accommodate their relocated trash enclosure. 12. The relocated trash enclosure of Lot 4 shall be designed to meet Town Standards. 13. Details shall be provided for the required 6' high masonry walls. 14. Wheel stops for the compact parking spaces located on the upper level of lot 4 facing the planter boxes, shall be designed to meet Town Standards. 15. The Planning Commission reserves the right to judge the architectural design of the handicap structures prior to Building approval; that they be integrated into the overall design specifically as a means to identify the through- block entrance. 16. Revise landscaping plan for Lot a 4 & 9 to the satisfaction of the Parks, Forestry and Maintenance Dept. 17. All parking lot lights shall be shielded and directed away from other properties. 18. The stones from the stone wall existing in the vicinity of Lot 9 shall be saved and incorporated as part of a new retaining wall or as a landscape feature in said lot. Mrs. Benjamin seconded. Carried by vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Mr. Carlson moved to reaffirm Councils position that lot 15 has not been approved and by motion at meeting of My 18th the money or 30,000 dollars noted for that parking lot will be combined with the Capital Improvement Program for the Jackson, Alpine, Pleasant intersection with guarantee in that area, as part of the project, there will be 22 parking spaces made available. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. MINUTES MAY 4, 1987 Minor corrections were made to minutes as suggested by Mrs. Benjamin. Pg 5 - correction made as to reason for Mr. Carlson seconding the motion re Gork Appeal. Clerk to check tape re as to whether Mr. Carlson specified the use of the property. Mrs. Benjamin moved approval of the May 4th minutes as amended. Mr. Hamilton seconded. Carried unanimously. REPORT RE LEGAL PUBLICATIONS This was informational report to Council re problems with legal publications. Mr. Ferrito requested Town Clerk to keep Council posted on any other problems that arise re publications. REIMBURSEMENT OF EXPENSES TOWN MANGER Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2-14 OF THE TOWN CODE RELATING TO RE-IMBURSEMENT OF TOWN MANAGER EXPENSES. Mrs. Benjamin seconded. Carried unanimously. Clerk read title of the Ordinance. After some discussion Mr. Ferrito moved to modify the last sentence of Section 2-14 to read as follows: "Ratification shall occur upon the approval of the payroll and/or warrant registers". Mr. Ferrito moved to introduce the Ordinance with the modification as stated above. Mr. Carlson seconded. Carried unanimously. THIRD QUARTER BUDGET REVIEW Town Manager summarized report re revenues anticipated for the coming year. Mr. Hamilton asked for a report and more information on whether or not the proposed tax increase, by the County, affects the Town residents and what purpose it is for. After further discussion Mrs. Benjamin moved to approve the 4 budget adjustments as follows: Council authorization to use existing capital allocations of $2,200.00 for the purchase of a laser printer by Planning Department. These funds are currently encumbered for the purchase of a typewriter. The difference in cost of $500.00 would be absorbed in the department's existing materials appropriation. Council authorization to return $45,565.00 in recent appropriations to the General Fund Appropriated Reserve of Parks, Forestry & Maintenance Dept. It is projected that the emergency repair costs related to this appropriation can be absorbed due to under expenditure in other areas. Council authorization is requested to approve existing allocations in the amount of $11,000.00 for the purpose of multi-plexing the two wang $2,200.00 computer systems. These costs would be provided for from $5,000.00 in Capital funds in the Town Manger's Department allocation for the purchase of three work stations, $2,700.00 in remaining balance from the computer move, and $3,300.00 from the existing General Town Administration materials allocation. Council authorization to allocate $1,580.00 from Salaries and Benefits to Materials to provide for higher than anticipated utility costs in Community Services. Mr. Carlson seconded. Carried by four ayes. Mr. Ferrito was out of the room. WAIVING OF BID PROCEDURES FOR REPAIR OF HVAC Robert Bryant, Park, Forestry and Maintenance Director spoke on issue and answered questions of Council. Stating the major components of chiller and tower where known to be actually beyond repair. Mr. Hamilton questioned the contract. Discussion was held on the issue. It was consensus of Council that the Town has an enforceable contract and Town should make demand in writing upon the contractor to perform by the terms. Manager stated staff will pursue this with the contractor. Mr. Hamilton moved that Council enforce the contract and make demands upon the contractor to perform under 9-03 re replacement parts and 9-001 which is statement of work and that entire special condition section 9. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Ferrito was absent. Discussion was held re repair or even if it can be repaired. It was noted this is for repairs only. Mr. Carlson moved for the purpose of forcing the contract only, that Council waive the bidding procedures for getting the Heating, ventilating and air/conditioner fixed. Mr. Hamilton seconded. Carried by vote of four ayes. Mr. Ferrito was absent. HEARST CABLE VISION ANNUAL REPORT Mayor Ventura stated he had questions that he would like to have answered. So until there is a representative present from Hearst he would like to defer any action. Mr. Ventura then moved to defer action until representative of Hearst Cablevision could be present. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito being absent. With regards to Hearst request to utilize Community Access Station for promotion of H.B.O.& Showtime, Mr. Ventura moved that Hearst deal direct to KCAT Board for approval. Mrs. Benjamin seconded. Carried by vote of four ayes. Mr. Ferrito was absent. CENTENNIAL ACTIVITIES REPORT Discussion was held as to money in the budget for the Centennial Activities. Mr. Hamilton moved to approve the enclosed draft response to Mr. Gayner Director of the Santa Clara County Parks and Recreation and if the Fireworks Program is approved,Council authorize the purchase of special event insurance from the $20,000.00 previously granted to the Centennial Committee at a cost not to exceed $3,000.00. Mr. Carlson seconded. Carried by vote of two ayes. Mayor Ventura and Mrs. Benjamin abstained and Mr. Ferrito was absent. TOWN ACQUISITION OF OFFICE SPACE It was consensus of Council to hold this to be considered at Capital Improvement Program discussion. LEASE FOR TOWN HALL PARKING It was consensus of Council to hold this and consider it at the Capital Improvement Program discussion. GREEN VALLEY DISPOSAL RATE STRUCTURE Informational report for Council. HOURS OF OPERATION FOR TOWN HALL It was consensus of Council to defer discussion until review of the 1987-88 budget document on June 8th & 9th, 1987. CONTRIBUTION TOWN FUNDS TO KCAT Mayor Ventura announced he would not be voting on this issue due to his being member of the KCAT Board of Directors. Speaking on the issue was Randy Attaway, member of the Board of Directors spoke on the need for funds. Also speaking was Diane Carlson, Keith Kelson, Dan Kirby, Chip Curry, Mary Foster and Jack Parsons. They spoke of the need to keep KCAT on the air and urged Council to contribute additional funds. After general discussion and listening to all testimony Council took no action on the request and asked the Board of Directors to bring back a proposal, including a budget. REQUEST FOR FUNDS TO PAY DEPUTY TREASURER Discussion was held on letter received from town Treasurer urging Council to reconsider their action in refusing to pay the Deputy Town Treasurer. Mr. Hamilton moved to transfer money from Treasurer's line item budget, to salaries, to support the pay of 10 hours a week for Deputy Treasurer until the end of the fiscal year. Motion died for lack of second. SB 692 RE COMMERCIAL RENT CONTROL Mr. Hamilton stated the bill as presented is not the correct document for Council to act on, and is against sending a letter in opposition or in support until Council receives the correct bill. After further discussion Mr. Carlson moved Mayor be authorized to send letter similar to one in Council packet, but indicate Councils position on the bill and hopefully any revisions to the bill will take in Town Councilmembers concerns. Mrs. Benjamin seconded. Carried unanimously. SIGNALIZATION AT LARK AVENUE AND ROUTE 17 Mrs. Benjamin moved to authorize the Town Engineer to negotiate with CalTrans concerning the proposed project with emphasis on the widening of bridge over Highway 17. Mr. Carlson seconded. Carried unanimously. CAPITAL IMPROVEMENTS PROGRAM Speaking with regard to Capital Improvement Plans and the need for high priorities on improvements of certain streets were Mrs. Wimberly speaking on Shannon Road Safety program and Cherryblossom Lane.; Dale Hill, spoke on unsafe conditions of Hilow Road; Tom Castro spoke on culvert on Jackson Street and the Jamison problem with creek overflowing each year. APPEAL - GORK 104 UNIVERSITY AVENUE Mrs. Benjamin moved to withdraw Resolution for reconsideration. Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Carlson and Mr. Hamilton voting no. Mrs. Benjamin moved to amend the Resolution on Page 2-#3 to read "The Town Council further finds that the appellants may reapply without a new fee to convert approximately 600 square feet in the first floor of the structure to residential use" and moved for adoption of Resolution No. 1987-61 entitled, RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF PLAN TO CONVERT ADDITIONAL RESIDENTIAL SPACE TO COMMERCIAL RETAIL OR OFFICE AREA ON PROPERTY LOCATED IN THE C-2 ZONE. (104 University Avenue - John & Ruth Gork). Mr. Ferrito seconded. Carried by vote of three ayes. Mr. Carlson and Mr. Hamilton voting no. APPEAL - 761 UNIVERSITY AVE. J. ANDERSON Discussion was held on the wording of Resolution page 2 - item #3 to read "The Town Council further finds that the scale of the development should be reduced by at least one-third but that two-thirds is not required." Mr. Carlson moved for the amendment of the Resolution. Mr. Hamilton seconded. Carried by vote of three ayes. Mrs. Benjamin and Mr. Ferrito voting no. Mr. Carlson moved for adoption of the amended Resolution No. 1987-62 entitled, RESOLUTION REMANDING TO THE PLANNING COMMISSION DECISION OF PLANNING COMMISSION DENYING APPROVAL OF PLANS FOR CONSTRUCTION OF MINI-WAREHOUSE STORAGE FACILITY AND FOR PERMISSION TO HAVE SINGLE FAMILY RESIDENCE FOR USE BY RESIDENT MANAGER FOR PROPERTY IN THE LM ZONE. Mr. Hamilton seconded. Carried by vote of three ares. Mrs. Benjamin and Mr. Ferrito voting no. EXTENSIONS OF SEWER LINES Mayor Ventura stated, due to the lateness of the hour, he had no report but would provide the Council with an oral report if they will give him a call. ADJOURNMENT Mayor Ventura declared the meeting adjourned at 11:30 p.m. ATTEST: Rose E. Aldag Town Clerk