Loading...
M 05-11-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MAY 11, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall al 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. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORTS Town Attorney Levinger reported on Closed Session held at the close of Council meeting of May 4, 1987. Stating pursuant to Government Code Section 54956.8 Council met in Closed Session to discuss the acquisition of 20 Grays Lane, negotiations to occur with Charles Kilian and there is nothing to report. It was reported that prior to tonight's Council meeting Council met in Closed Session and discussed labor relations and there is nothing to report. DOWNTOWN PARKING ASSESSMENT DIST. Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider the approval of the Engineer's report, pursuant to Division 4 of the Streets and Highways Code of the Municipal Improvement Act of 1913 pertaining to the formation of a Parking Assessment District in the Central Business District. It was noted that Mr. Ferrito and Mr. Hamilton stepped down from their chairs and abstained from voting on this issue, due to possible conflict of interest. Mayor Ventura stated there is a recommendation to continue the matter to the next regular Council meeting. Councilman Carlson stated that Mayor Ventura, Councilmember Benjamin and himself, read all the protests that were filed, met with group of business people, trying to understand final objections to the parking assessment plan as proposed by the Parking Commission and in response to those meetings and information gathered, and are proposing the following compromises to the major issues identified by the Parking Commission. 1. In return for the "write down" of the following assessments the Town would be paid back from the first revenue received by the District if these costs cannot be covered by contingencies in the assessment district construction program: a. the cost of exempting church property utilized for church purposes (approximately $7,500.00). b. changes due to updated information which would result in decreased assessments defined as "errors and omissions" (approximately $130,000.00). c. the cost of any changes caused by the recalculation of assessments for properties whose zoning ordinance parking requirements are based on some other measure (i.e. number of employees, number of hotel rooms, etc.) or a floor area factor different from those used for retail or office (i.e. space/470 for auto sales, etc). (Approximately $75,000.00). d. the cost of Division 4 requirements (approximately $7,500.00). Division 4 will effect those properties whose assessment exceeds 50% of the property's value. 2. The $30,000.00 currently allocated in the parking district for the construction of lot 15 would be combined with the Town's Capital Program Safety Improvements to the Main/Jackson intersection, with the provision that at least 22 parking spaces would be created in this area. If the total cost of the project exceeds $30,000.00, Council would allocate the additional expenditure. 3. Council maintain the current composition of the Parking Commission which includes a resident of the downtown, and a majority of members who are merchants and/or owners. Commissioners will not be required to be Town residents. 4. Council institute a process for an "in-lieu fee" to meet future parking requirements for those property owners receiving all other Planning Commission approvals. The "in-lieu fee" would be equal to the average cost per space of the remaining spaces in Phase 111 of the Parking Improvement plan. The in-lieu fee for parking will only be needed by a small number of properties in the district. Properties whose assessment is based on the .6 Floor Area Ratio and have buildings with less than the .6 Floor Area Ratio will in effect have purchased a "reserve" of parking spaces which can be used for building expansion and/or intensification of use at the owners option subject to Town approval. The same principle applies to properties with mixed uses. These properties will have a "bank" of parking space credits which can be reallocated to any space within the building as long as the total is not exceeded. 5. Council approve meters located in all public lots but not initially locate meters on the streets. If the revenue generated from the lots and parking enforcement does not equal the proportionate revenue anticipated in "Alternative C" of the March 1985 Wilbur Smith report, Council approve installation of meters on the public streets. It is important to note that the revenue anticipated in "Alternative C" was projected on the construction of more lots. Therefore the revenue received from Phase 1 of the parking program will be proportionately lower. The Parking Commission is also authorized to work with Staff to develop a plan for "time-limit" parking on the streets to improve traffic circulation and turn-over. Following the adoption of the plan, if the turn-over and traffic circulation on the streets is not that anticipated in the plan,then the Council will approve meters in the streets. 6. Council institute any new permit parking in a similar manner to that utilized in the Almond Grove and Broadway neighborhoods. Mayor Ventura stated hearing would now be open to the public. Attorney Levinger stated if Council was going to proceed with this agenda item then then the two Councilmembers who have been advised on the conflict of interest situation, due to ownership of businesses in the proposed Parking District, to step down at this time. Mr. Ferrito and Mr. Hamilton left the podium. Mr. Carlson spoke on the proposals as stated above. Stating if Council receives sa substantial reduction in number of withdrawals of protests, then at the next regular Council meeting Council could consider and enact the program with these modifications. Mrs. Benjamin stated that she would be making a decision at the meeting of May 18, 1987 and if there is not a sufficient number of withdrawals of protests then this is not the right program. Frank Howell,Chairman of the Parking Commission, spoke on the proposed parking district and the need for additional parking. Speaking in opposition of the project was Mr. E.E. Brady; Mr. Nick Starry, stated he is not against the parking district if it is kept downtown but opposes the proposal of Lot 15. He feels the flow of traffic is important and the need for widening of the street in area of the proposed Lot 15.; Marilyn Waiton, 221 Almendra Ave., stated she had filed a protest and yet she had not been contacted by anyone. She protested because she has ample parking and was told that she would never be included in a parking district and yet here she is being assessed. So far no one knows the percentage of protests that have been filed. Mr. Carlson answered some questions of Ms. Waiton. Egon Jensen, 182 Lester Lane, stated he would like to know the cost to Taxpayers, if the proposal as Mr. Carlson presented is carried out. He feels the taxpayers should be made aware of this cost and no report has been given to anyone at this time. Stan Brenner, who has a business at 2 Los Gatos Blvd. spoke on his concerns re expansion or build out and parking deficiencies to date. Other people from audience speaking on the issue were Phil Baker,Sec./Treas. of the Loss Gatos Masonic stating a protest had been sent but have heard no comments, pro or con, or even acknowledged it. George Tobin, speaking on the calculations on the deficiencies of parking based on the present tenant occupancy in the C-2 District. Feels it is in conflict of the zoning ordinance. Mr. Carlson answered questions of Mr. Tobin. Jerry Lynch, representing the Brady's, Farwell's, Bacigalupe and VanDalsem's suggested the installation of meters in the parking lots and the revenues collected be used to reduce the liens and assessments. Mayor Ventura wished the record to reflect that Mrs. Benjamin and himself met with Mr. Brady and Mr. Farwell with this plan in hand. So they are fully aware of this proposal. Bert Millen spoke in agreement with Mr. Carlson's statements. Mr. Jim Farwell requested more time than 1 week to consider the compromise as proposed. Won't abandon the project but need more time and he favors the installation of meters and surface paving of lot 3 and 4. Ed Burke, 285 E. Main Street, asked the Mayor that if and when the Town puts in the additional parking lots if that means the barricades will no longer be used downtown on weekends. Mr. Burke stated that last Sunday he noticed there were many parking spaces downtown. Mayor Ventura answered questions of Mr. Burke. Also speaking was a gentleman representing Mrs. Cusimano, stating he does not understand the method Mrs. Cusimano's property was assessed and spoke on the unfairness as he feels all protests should be considered. After further discussion Mrs. Benjamin moved to continue this public hearing to May 18th, 1987. Mr. Carlson seconded. Carried by vote of 3 ayes. Mr. Ferrito and Mr. Hamilton abstained. Mrs.Benjamin stated her position very clearly, that if this is not a good plan on the 18th Council will say it is not a good plan and anybody can start working on another one. "I will not commit I will wait until I see what the Capital Improvements are and what priorities are." When Parking Commission was formed Council did not commit any certain amount of money to said project. Mr.Carlson moved by consensus motion that Council accept the compromise 1- a,b,c, and d as noted previously, should sufficient protests be withdrawn. Mayor Ventura requested staff to contact any church that does not make its property available for weekday parking to a private source. Mayor Ventura stated he could support 1-a, c and d and registered a no vote on 1 b. By consensus motion Mr. Carlson moved to approve compromise #2. and #3 with modification as suggested by Mayor Ventura last sentence to read that "the majority of the commissioners will be required to be Town residents". By consensus motion Mr. Carlson moved to approve compromise #4 re in lieu fees. Mayor Ventura opposed. By consensus motion Mr. Carlson moved to approve compromise #5 and #6. Mr.Carlson moved to continued hearing on the Zone Change Application Z-87-3; hearing to consider Planning Commission recommendation requesting approval of plans for the construction of surface parking lots and the adoption of Ordinance amending Town Zoning Ordinance A-87-1 to May 18, 1987. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstained. Mrs. Benjamin moved meeting be adjourned at 9:35 p.m.. Mayor Ventura seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk