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