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