M 03-01-99TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
March 1, 1999/Minutes
TOWN COUNCIL
The Town Council/Parking Authority/Redevelopment Agency of the Town of Los
Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at
7:30 p.m., Monday, March 1, 1999, in joint regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Linda Lubeck,
Joe Pirzynski, and Mayor/Chairman Jan Hutchins.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Hutchins announced that Closed Session had not been held this evening.
CITY OF SAN JOSE/MAYOR RON GONZALES/PRESENTATION (XX.44)
Mayor Jan Hutchins introduced former Santa Clara County Supervisor, and
recently elected and current Mayor for the City of San Jose, Ron Gonzales, who
pledged his support and cooperation with San Jose's neighboring cities.
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS MEMBER/JACK LUCAS/PRESENTATION (OO.44)
Mayor Jan Hutchins introduced the Mayor of Monte Sereno, Jack Lucas, who is
serving on the Transportation Authority. He spoke of supporting the issues of
Valley Transportation and the Vasona Corridor proposals.
TRAILS & BIKEWAYS COMMITTEE/MAUREEN HEATH/COMMENDATION (YY.20)
Mayor Jan Hutchins presented Maureen Heath with a commendation for her
years of service on the Trails & Bikeways Committee.
TRAILS & BIKEWAYS COMMITTEE/VIC COLLORD/COMMENDATION (YY.20)
Mayor Jan Hutchins presented Vic Collord with a commendation for his twenty
years of service on the Trails & Bikeways Committee. Mr. Collord thanked the
Town for the opportunity to have served on this committee and spoke of his
continuing service to the community.
LARRY TODD/CHIEF OF POLICE/PRESENTATION
JOE MALLOY AWARD FROM CALIFORNIA CHIEFS OF POLICE ASSOCIATION
(XX.44)
Mayor Jan Hutchins presented Los Gatos Chief of Police, Larry Todd, with the
Joe Malloy Award from the California Chiefs of Police Association. Chief Todd
accepted his presentation and thanked his department and the Town for their
support.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received
and filed.
CODE COMPLIANCE/QUARTERLY REPORTS (02.47)
Informational reports from the Code Compliance Officer regarding abatement of
code violations was received and filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational item presenting future Town Meetings for Council and other Town
Boards and Commissions was received and filed.
RATIFICATION OF PAYROLL/JANUARY-FEBRUARY 1999 (04.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the
check registers for the payroll of January 24 through February 6, 1999 paid on
February 12, 1999, in the amount of $389,689.20. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1999 (05.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the
accompanying check registers for accounts payable invoices paid on February
12, and February 19, 1999 in the amount of $330,102.50. Carried unanimously.
MINUTES OF FEBRUARY 16, 1999 (06.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council approve the
Minutes of February 16, 1999 as submitted. Carried unanimously.
STREET RESURFACING/PLANS & SPECS/PRJ 9804/RESOLUTION 1999-19
(07A.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-19 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9804 - STREET
RESURFACING PROGRAM - AND AUTHORIZING ADVERTISEMENT FOR
PROJECT. Carried unanimously.
STREET RESURFACING/PRJ 9804/MONTE SERENO AGR./RESOLUTION 1999-20
(07B.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO
FOR PROJECT 9804 - STREET RESURFACING PROGRAM - WINCHESTER
BOULEVARD OVERLAY PROJECT. Carried unanimously.
POLLARD ROAD LANDSCAPING/PROJECT 9936/AWARD CONTRACT (08A.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council award
contract to Diablo Landscaping, Inc. in the amount of $158,888 and establish a
contingency in the amount of $15,888. Carried unanimously.
POLLARD ROAD LANDSCAPING/PROJECT 9936/RESOLUTION 1999-21 (08B.35)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH DIABLO LANDSCAPING, INC. FOR PROJECT 9936 - POLLARD ROAD
LANDSCAPING ON BEHALF OF THE TOWN OF LOS GATOS . Carried
unanimously.
SIGN REPLACEMENT PROGRAM/CENTRAL BUSINESS DIST/RESOLUTION 1999-
22 (09A.47)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
MUSCATO SIGNS ON BEHALF OF THE TOWN OF LOS GATOS. Carried
unanimously.
SIGN REPLACEMENT PROGRAM/CENTRAL BUSINESS DIST/RESOLUTION 1999-
23 (09B.47)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-23 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
PELCO PRODUCTS, INC., ON BEHALF OF THE TOWN OF LOS GATOS.
Carried unanimously.
METROPOLITAN TRANSPORTATION DEVELOPMENT/GATOS CREEK TRAIL
ALLOCATION OF FUNDING/RESOLUTION 1999-24 (10.40)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-24 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AND FILE AN
APPLICATION WITH METROPOLITAN TRANSPORTATION COMMISSION
FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3
FUNDING FOR LOS GATOS CREEK TRAIL REPAIRS FISCAL YEAR
1999/2000. Carried unanimously.
MILES AVENUE 71/COMMUNITY HOUSING DEVELOPERS/RESOLUTION 1999-25
(11.09)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt
Resolution 1999-25 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A DECISION FROM THE PLANNING
COMMISSION DECISION TO DENY AN ARCHITECTURE AND SITE
APPLICATION, A NEGATIVE DECLARATION AND A CONDITIONAL USE
PERMIT TO CONSTRUCT 12 STUDIO APARTMENTS, A VARIANCE
APPLICATION TO LOCATE A DETACHED STRUCTURE WITHIN THE
REQUIRED SIDE SETBACK ON PROPERTY ZONED RM:5-12 AND A
DEVELOPMENT APPLICATION FOR A ZONE CHANGE FOR 351.72 SQUARE
FEET OF TOWN SURPLUS LAND FROM FM:5-12:LHP TO RM:5-12.
PROJECT APPLICATION: PRJ-98-100. VARIANCE APPLICATION: V-98-
09. NEGATIVE DECLARATION: ND-98-009. DEVELOPMENT
APPLICATION: DEV-98-012. PROPERTY LOCATION: 71 Miles Avenue.
PROPERTY OWNER APPLICANT/APPELLANT: COMMUNITY HOUSING
DEVELOPERS, confirming Council action on February 16, 1999. Carried by a
vote of 3 ayes. Mr. Attaway and Mr. Pirzynski voted no for reasons noted in prior
record.
VERBAL COMMUNICATIONS
Lyndon Carriage House Cupola:
Sue Farwell, 121 Laurel Ave., asked that the question of the placement of the
historic cupola be reconsidered by Council and that the subject be placed on a
Council agenda after staff has had time to review the options. Consensus to
place the subject on the March 15th agenda.
HEARINGS
LOCAL LAW ENFORCEMENT BLOCK GRANT/RESOLUTION 1999-26 (12.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider authorizing the Town Manager to accept funds awarded by
the Bureau of Justice Assistance for Local Law Enforcement Block Grant; use of
Local Law Enforcement Block Grant Funds; adopting resolution authorizing the
use of Local Law Enforcement Block Grant Funds to purchase a canine, train
both the dog and handler, and for associated costs; increase revenue account
4030-60549 and track in project canine; and authorize amendment to Section 10
of the Police Officer Association Memorandum of Understanding.
The following people spoke to this issue:
Chief Todd, addressed the program and the benefits to the Town and its
citizens.
Kim Bidermann, 15757 Kavin Lane, member of CASA, spoke in favor of this
proposal.
No one else addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing.
Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt
Resolution 1999-26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT
FUNDS TO PURCHASE A CANINE, TRAIN BOTH THE DOG AND A
HANDLER, AND FOR ASSOCIATED COSTS, and authorizing the Town
Manager to accept funds awarded by the Bureau of Justice Assistance for Local
Law Enforcement Block Grant; use of Local Law Enforcement Block Grant
Funds; increase revenue account 4030-60549 and track in project canine; and
authorize amendment to Section 10 of the Police Officer Association
Memorandum of Understanding. Carried unanimously.
SANTA CRUZ AVE N 236/MEDICAL OFFICE USE/APPEAL (13.09)
Mayor Hutchins stated that this was the time and place duly noted for public
hearing to consider an appeal of the Planning Commission's decision to deny an
application for use and occupancy approval for a medical office use on property
zoned C-2. Use and Occupancy: UO-98-0004. Property Location: 236 North
Santa Cruz Ave, Ste.112. Property Owner: William Bacchi. Applicant/Appellant:
Kim Davis.
Council consensus to continue this item to April 5, 1999.
DOWNTOWN PARKING IMPROVEMENTS/SCHEDULE/HEIGHT
CONSIDERATIONS (14.40)
Mayor Hutchins stated that this was the time and place duly noted to consider
approving future public meeting schedule, paid parking and height of structures
for downtown parking.
Council and staff considered issues of scheduling so as not to impact the holiday
shopping season, and the methods of choosing an architect that could design a
structure that would fit gracefully in its respective locale.
DOWNTOWN PARKING IMPROVEMENTS/SCHEDULE/HEIGHT
CONSIDERATIONS CONT.
The following people from the audience spoke to this item:
Height of structures:
Richard Minert, 255 University Ave., was concerned about height of Lot 2 as it
impacts the homes it would be adjacent to. Loss of privacy was an issue.
Nina Alvarez, 100 Twin Oaks Drive, President of St. Mary's School Board,
spoke about the height of Lot 13 as it impacts St. Mary's school. Options were
considered. 13A & 13H were considered for the terracing away from the school,
and a 15 foot height was preferred in order to cut down on the mass and
shadowing impact on the school.
Sister Niki Thomas, 30 Lyndon Ave, Principal of St. Mary's School, noted an
interest in the use of the parking lot for additional play ground area. The church
and school support the idea of a parking structure, but the problems of height,
mass and shadows are a concern that they would like considered in the design
and plans.
Rex Morton, 51 University Ave., spoke in favor of an upper level on Lot 2 with
10 foot setbacks along property lines to allow for landscaping which would give
privacy to the University residents and would give less impact on the Bachman
Ave boundary.
Matt Franklin, 259 University, asked that the height of Lot 2 be considered as it
impacts the homes that abut it on University. He asked if below grade could be
considered for this lot.
Diane McNutt, 27 Jackson Street, speaking on behalf of the Chamber of
Commerce, spoke of a cashier's check for $10,000 has been donated by
downtown property owners toward purchase of depth boring studies for
consideration of putting parking below grade level.
Staff commented that going below level will cause the construction time to run
into the holiday shopping season. Subsurface levels will also entail additional
costs.
Council consensus that Council will agendize the question, as to accepting the
donation and proceeding with the borings, at the March 15, 1999 meeting.
Burt Millen, 301 Santa Cruz Ave, asked for fund raising options and
assessment districts on land owners which would cost 3 cents a foot per month.
He suggested below level if possible and building above at a latter date.
Margaret Smith, owner of Domus, 40 N. Santa Cruz, spoke of options, and
noted a study on paid parking. She also asked that various municipal lots be
considered when special events are scheduled in Town.
Bill Bacchi, 236 N. Santa Cruz Ave., reported that at a downtown property
owners meeting the owners were willing to support various financing options, but
they wanted a more specific plan, with more specific numbers to consider and
make a commitment on. Staff suggested that the property owners proceed on
acquiring the information from the borings on their own and report back to
Council with their findings.
Carol Grayham, 151 Hernandez Ave., does not support an elevated parking
structure. The character of the elevated structure does not fit in with the Town,
and sympathizes with the homeowners privacy issues.
Council consensus that structures at grade and 15 feet above grade seem
acceptable, and that the designs that call for three levels could be considered if
they are able to go below level.
DOWNTOWN PARKING IMPROVEMENTS/PAID PARKING/FINANCING CONT.
The following people from the audience spoke to this item:
Paid Parking:
Sue Farwell. 121 Laurel, spoke about paid parking which was promised in 1987.
In favor of a parking assessment or other form of paid parking, only if it is
accompanied with strict guidelines for its use to pay for the parking structures in
the downtown and the assessments do not appear in the general fund, and a
definite termination clause when the parking has been paid for.
Shirley Henderson, 98 W. Main, is in favor of paid parking in the garages but
adamant about not having parking meters on the sidewalks.
Margaret Smith, 40 N. Santa Cruz, spoke about research by the Urban Land
Institute concerning paid parking in smaller towns and found that retail was not
as successful as those towns that did not have paid parking. Thought must be
given to problems that will be caused by having paid parking such as ingress and
egress for delivery trucks. There is a willingness to have some form of paid
parking but consensus has not been built yet.
John Tice, 570 University, spoke against paid parking, noting that there are
studies showing that the business community is often hurt when paid parking is
initiated.
Sandy Decker, 45 Glen Ridge, noted that a parking structure would take the
parking impact out of the residential neighborhoods and bring it to the downtown
where it would enhance the business community. Pointed out three revenue
sources: 1) Town funds identified for building one garage. 2) Business
community forms an assessment district for building a second garage. 3) Paid
parking used to generate a revenue stream for future parking needs.
No one else from the audience addressed this issue.
Mayor Hutchins noted that the considerations were over and Council would
proceed as rapidly as possible with structure plans and financing options.
COLLEGE AVE & MAIN/THREE WAY STOP SIGN (15.39)
Mayor Hutchins stated that this was the time and place duly noted to consider
report regarding 3-way stop sign at College Avenue and Main Street.
Scott Baker, Director of PPW, addressed the issues noting that a design has not
been received from Mark Wessel but it should be ready by the March 15th
meeting. At that time there will be a public discussion concerning the design and
operational study.
Art Bonner, noted that a portion of the hill that makes use of this intersection
had not been noticed. He would like Cleland, Kimble and Reservoir roads
noticed. He spoke about the compression of traffic at the stop sign at Pleasant
and at the Loma Alta stop sign where a traffic light had been promised. He
asked for a traffic light instead.
Sister Niki Thomas, 200 Prospect Ave., spoke about poor drivers on the hill
who are elderly and living at retirement homes. She favored a traffic light at the
location.
Council asked that consideration of a traffic light be addressed in the consultants
report.
DESIGNATED REPRESENTATIVE FOR SALARY NEGOTIATIONS (16.10)
Council requested further information on this subject and time to consider this
information. Council consensus to return this item to a future agenda after
Council has time to evaluate the background information.
TOWN COUNCIL MEETING SCHEDULE FOR FISCAL YEAR 1998-99 (17.10)
Council consensus to amend Town Council Meeting Schedule for Fiscal Year
1998-99 rescheduling the February 20, 1999 study session to March 22, 1999 at
5:30 p.m.
COUNCIL COMMITTEE REPORTS
Steve Blanton spoke about the Vasona Light Rail Corridor funding and the
commitment to see that it arrives at the Campbell Winchester Station location,
and that Los Gatos was the original point of terminus for that line, and if enough
federal and state funding can be obtained there may still be an opportunity to
extend light rail to Los Gatos. This project will be going to the County Board of
Supervisors soon and any contacts that Council has with members of the Board
should be exercised to full advantage.
Jan Hutchins spoke of the Silicon Valley Manufacturing Group meeting which
discussed the light rail issue, education issues and government partnership
issues as they relate to Los Gatos.
Joe Pirzynski spoke of the General Plan Committee meeting and a consensus on
formatting the plan. Examples from Palo Alto and Cupertino were used. It was
suggested that Council examine those plans for suggestions and ideas. He also
spoke of the meeting with the General Plan Task Force.
ADJOURNMENT
Mayor Hutchins adjourned this evening's meeting at 9:57 P.M.
ATTEST:
Marian V. Cosgrove
Town Clerk