M 02-23-87TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
FEBRUARY 23, 1987
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
chambers of the Town Hall at 7:50 p.m., in an adjourned session.
ROLL CALL
PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert
L. Hamilton and Mayor Brent N. Ventura.
ABSENT:None.
AMENDMENT TO GENERAL PLAN LAND USE
Mayor Ventura stated this was the time and place for public hearing to consider
Planning Commission's recommendations of amendments to the General Plan
Land Use Designations in the Downtown Area, and minor corrections that reflect
the status of the implementation measures currently listed in the General Plan.
This is land use designation for the property where the First Methodist
Church is located at Church Street and High School Court. It was also noted that
Mr. Ferrito and Mr. Hamilton are eligible to vote on said issue as this amendment
has no bearing on the Parking Program. Planning Director, Lee Bowman
explained that Planning Commission thought there might be amendments to the
General Plan re the Parking Program but during the proceedings it was found the
General Plan did not need to be amended for the Parking Program. After further
discussion and no one from the audience wishing to speak to this issue, Mr.
Carlson moved public hearing be closed. Mrs. Benjamin seconded. Carried
unanimously. Mayor Ventura referred to staff recommendation to continue this to
March 16, 1987. Mr. Carlson moved for continuance to March 16, 1987. Mr.
Hamilton seconded. Carried unanimously.
AMENDMENT TO DOWNTOWN SPECIFIC PLAN
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider Planning Commission recommendations to amendments to the
Downtown Specific Plan, GP-87-2, concerning the Downtown Parking
Improvement, Traffic/Roadway Capacity Review, Neighborhood Parking
Program, Land Use Designations in the Downtown Area and minor corrections
that reflect the status of the implementation measures currently listed in the
Downtown Specific Plan. It was noted by the Town Attorney that due to possible
conflict of interest Mr. Ferrito and Mr. Hamilton would be abstaining from voting
on this item. Mr. Ferrito questioned if the abstention included nonparticipation in
the hearing and discussion among Council people? The Town Attorney
answered in the affirmative. Mr. Ferrito stepped down from his council seat and
left the Council Chambers. Mr. Hamilton did not step down from the dais. He
requested continuance of the public hearing on item 2, 3, 6, 7, and 9 until the
Town Attorney has received the opinion from the FPPC regarding the conflict of
interest and stated he would ask for an injunction or whatever it takes so he is in
a position to vote when the answer comes back. Mayor Ventura stated, Mr.
Hamilton had taken an oath of office to obey the laws of the State of California
and asked him to step down so the public hearing could continue. Mr. Hamilton
asked if the law required him to step down. The Town Attorney stated if the
Council member remained on the dais there may be some concern of an
influence on the other Council members. The preferred method is for the Council
member to step down. Mayor Ventura stated Mr. Hamilton has a duty to present
the public with a feeling and belief that their officials and decision makers are not
in conflict of interest situation and Mr. Hamilton knew this when he ran for office.
Mayor Ventura feels Mr. Hamilton's request to delay the entire process that has
been going on for several years is difficult to understand and it is in everyone's
best interest, even if there is a potential for conflict of interest. Mr. Hamilton step
down and not participate. The public has that right and the Council has the right
to take action without Mr. Hamilton's participation. Mr. Hamilton stepped down
from his council seat and left the Council Chambers. Speaking from the
audience were, Robert Tack, President of Board of Directors, First Church of
Christ Science, spoke in opposition of being included in the Parking District. Nick
Starry, 78 Alpine, stated he would like to propose that the boundary of the
Parking Program stop at the bridge at east Main Street. Mrs. Benjamin spoke on
the need for safety study of the intersection at Alpine, Jackson, Pleasant and E.
Main. Mr. Burke, representing Main Street Developers, referred to letter written
to Council, asking to be deleted from the Parking District. Mr. Martin, 235 W.
Main also requested to be excluded from the Parking District as he has a surplus
of parking at the Village Inn Motel and was told previously that he would not be
included in said District; Phil Loveless, 57 Alpine Avenue, spoke in opposition of
Lot 15 of the Parking district; Alan Sims, 17775 Navaho Trail, stating if Town did
not wish to spend 30,000 on lot 15 then possibly they could use that money on
lot A uptown at the corner of Nicholson and N. Santa Cruz Ave.; Tom Castro,
favors parking district in Alpine Area; Mildred Garth, opposed lot 15; Dr.
LaVeque, 143 E. Main, stated he feels no need for lot 15 of the parking district as
it benefits no one in this area; Paul Kraii, 101 Foster Road opposed lot 15; Dale
Chambers, 32 Mariposa, spoke on safety factor of lot 15 and feels more study
should be made; Dennis Varni, 17940 Saratoga Avenue, spoke regarding lot 3 -
Royce Street and Grays Lane. Mr. Varni asked that lot 3 in the proposed Parking
assessment District be removed and he stated he would contract and pay cost
for paving lot 3 as per specifications of the Town, at no cost to the Town and
charge parking on said lot until he had received the total cost of the paving then
turn said lot over to the Town. This would give the town 50 extra parking spaces
sooner than waiting for the formation of the Parking District. The cost will be
much higher for paving of that lot if the Town waits for the formation of the district
and then does the paving. That way he will not be assessed and will collect his
cost for paving on parking fees. Council stated they would consider his
suggestion. Janet Fohs, 140 Wooded View Drive presented petitions with 276
signatures favoring the new vehicular circulation pattern and added parking in the
Alpine, Jackson, East Main Street area. There being no one else from the
audience wishing to speak on this issue, Mr. Carlson moved hearing be closed.
Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito and Mr.
Hamilton not voting on this issue due to possible conflict of interest. Further
discussion was held on traffic safety at the intersection at Alpine, Jackson and E.
Main Street. Town Engineer answered questions of Council re change of design
of lot 15 at a later date. It was noted on March 2, 1987 staff would be sending a
report to council with regards to parking restrictions and other safety measures
on Alpine, including red-striping the curbs and double yellow line down the
center. After further discussion Mrs. Benjamin moved to incorporate in the
Downtown Specific Plan in section regarding E. Main Street Area, that safety is
the paramount importance and the Town conduct a study to make the
intersection at Pleasant Street/Jackson/Alpine and E. Main Street safer than
what currently exists. Mr. Carlson seconded. Carried by vote of three ayes. Mr.
Ferrito and Mr. Hamilton abstaining. Mr. Carlson moved to make negative
declaration. Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Ferrito
and Mr. Hamilton abstaining. Mr. Carlson moved to make the finding that
Downtown Specific Plan Amendment GP-87-2 is internally consistent with the
Downtown Specific Plan and the General Plan. Mrs. Benjamin seconded.
Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstaining. Mr.
Carlson moved for adoption of the amended Resolution No. 1987-19 entitled, A
RESOLUTION OF THE TOWN COUNCIL OF THE DOWNTOWN SPECIFIC
PLAN FOR THE DOWNTOWN PARKING IMPROVEMENT PROGRAM. Mrs.
Benjamin seconded. Discussion was held and Frank Howell, member of the
Parking Commission spoke on the overall district and the need for parking.
Mayor Ventura moved to amend the previous motion and delete Lot 15 and
eliminate district east of Fiesta Way. Motion dies for lack of a second. Vote on
the original motion to adopt the Resolution was carried by three ayes. Mayor
Ventura stated he does not support the motion over all, because of the
amendment he just made that was not supported. But because of the unusual
situation whereby two Councilmembers are unable to participate and the Council
needing three affirmative votes, I voted favorably because, in essence, my no
vote on this would kill the parking program. "I feel that this would be premature,
we have a hearing process on line, I have concerns with the Alpine area but
given the 3 1/2 years of work and hundred thousand dollars of staff time, I feel
we should complete the hearing process and therefor I support the motion." Mr.
Ferrito and Mr. Hamilton abstaining.
AMENDMENT TO ZONING ORDINANCE RULES FOR PROP. IN PARKING
DIST.
Mayor Ventura stated this is the time and place duly published for public hearing
to consider Planning Commission recommendation on amendments to the
Zoning Ordinance concerning rules for properties within a Parking Assessment
District, Parking Requirements for Downtown Traffic in the Downtown and
regulations regarding public parking facilities. Planning Director, Lee Bowman
reported that this sets up rules that recognize the formula that is being discussed
in formation of the parking district and sets up as to how each credit will be
determined after the district is in place and will allow people to either build or
intensify the use of their property in the future, based on these formulas. There
being no one from the audience wishing to speak on this issue, Mr. Carlson
moved public hearing be closed. Mrs. Benjamin seconded. Carried by vote of
three ayes. Mr. Ferrito and Mr. Hamilton abstained due to possible conflict of
interest. Mr. Carlson moved to have the wording under Sec. 3.41.070 subsection
2 to be reworded to make it clear that only those properties which are in the
Parking Assessment District will be relieved. Wording to read, "The creation of a
Parking Assessment District relieves those properties located within the District
which were...". Mrs. Benjamin seconded. Carried by vote of three ayes. Mr.
Ferrito and Mr. Hamilton abstaining. Mr. Carlson moved to continue the
introduction of this proposed Ordinance until March 2, 1987 meeting. Mr.
Ventura seconded. Carried by vote of three ayes. Mr. Ferrito and Mr. Hamilton
not voting on this issue.
ZONE CHANGE 349 MASSOL AVE. ALLEN BLOCK
Mayor Ventura stated this was the time and place duly published for public
hearing to consider Planning Commission's recommendation on consideration of
a change of zone Z-87-1, from C-2 (Central Business District Commercial to R-
M:5-12-LHP (Multiple Family Residential, five to twelve dwelling units per net
acre) for property located at 349 Massol Avenue - Allen & Marion Block, property
owners. Mayor Ventura also stated that Mr. Ferrito and Mr. Hamilton may
participate in voting on this issue. There being no one from the audience wishing
to speak on this zone change, Mr. Ferrito moved public hearing be closed. Mr.
Carlson seconded. Carried unanimously. Mr. Ferrito moved to make the
negative declaration. Mr. Carlson seconded. Carried unanimously. Mr. Carlson
moved to make the findings that zone change Z-87-1 is consistent with the
Downtown Specific Plan as revised and the General Plan. Mrs. Benjamin
seconded. Carried unanimously. Mr. Carlson moved to waive the reading for AN
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING MAP NO.
139 FROM C-2 TO RM: 5-12 FOR THE PROPERTY LOCATED AT 349
MASSOL AVENUE. Mr. Benjamin seconded. Carried unanimously. Town Clerk
read title of Ordinance. Mr. Carlson moved for introduction of Ordinance. Mr.
Carlson moved for introduction of Ordinance. Mrs. Benjamin seconded. Carried
unanimously.
ZONE CHANGE 61 MONTEBELLO WAY
Mayor Ventura stated this was the time and place duly published for public
hearing to consider Planning commission recommendation for consideration of a
change of zone, Z-87-2 from C-2 to R-1D for that portion of property at this
address on the upper level adjacent and to the eat of the bus station. (61
Montebello Way, Alan Sims property owner). Alan Sims,17775 Navajo Trail,
owner of the property asked for clarification of definition of R-1D. He feels R-3
would be more appropriate for this property. Mr. Bowman stated this property is
nonconforming now and even with this rezoning it would still be nonconforming.
There being no one else from the audience wishing to speak on this issue, Mr.
Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried
unanimously. Mr. Carlson moved to make the negative declaration. Mrs.
Benjamin seconded. Carried unanimously. Mr. Carlson moved to make the
finding that Zone change Z-87-2 is consistent with revised Downtown Specific
Plan and the General Plan as it now exists. Mrs. Benjamin seconded. Carried
unanimously. Mr. Carlson moved to waive the reading for AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING ZONING MAP 139 FOR THE
PROPERTY LOCATED AT 61 MONTEBELLO WAY. Mrs. Benjamin seconded.
Carried unanimously. Town Clerk read title of Ordinance. Mr. Carlson moved for
introduction of the ordinance. Mrs. Benjamin seconded. Carried unanimously.
ZONE CHANGE EL MONTE HILL
Mayor Ventura stated this was the time and place duly noted for public hearing to
consider zone change application Z-87-3, a change of zone from R-1:8000 and
R-1D to C-1 for that area of land within the public right-of-way of Los Gatos Blvd.
extending from the existing C-1 zone boundary northerly to a line parallel to the
centerline of Johnson Avenue extended. (Known as El Monte Hill). It was noted
Mr. Ferrito and Mr. Hamilton would have to abstain from voting on this issue due
to possible conflict of interest. Speaking on the issue was Mr. Nick Starry. Her
stated he was opposed to the zone change. Mr. Bowman explained the reason
for the rezoning, stating a parking lot cannot be put in a residential zone. There
being no one else from the audience wishing to speak on this issue, Mr. Carlson
moved to close the public hearing. Mrs. Benjamin seconded. Carried by vote of
three ayes. Mr. Ferrito and Mr. Hamilton abstaining. After further discussion Mr.
Carlson moved to continue any further action on this rezoning to March 23, 1987.
Mrs. Benjamin seconded. Carried by vote of three ayes. Mr. Hamilton and Mr.
Ferrito abstaining.
PLANS FOR CONSTRUCTION OF PARKING LOTS
Mayor Ventura stated this was the time and place duly published for public
hearing to consider Planning Commission recommendation requesting 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 zone. (Conditional Use
Permit Application U-86-23 and Architecture and Site Application S-86-55).
Planning Director, Lee Bowman stated this is the request of Conditional Use
Permit and Architecture and Site approval for these lots. Town Manager
distributed a proposed landscape recommendation for Parking District Lot No. 4.
Mr. Phil Loveless, 57 Alpine Avenue, spoke on Lot 15 stating that island was put
in as a buffer to the residential area and now Town wants to cut a hole in said
island and he is opposed to that design. Mrs. Benjamin spoke on her feelings of
the proposal of Lot 15 and she wants a study of this intersection to make it safe
and then look at the proposed parking lot. Other interested persons speaking re
lot 15 were Tom Castro, Frank Howell and Ray Powers.
Lot 3 - Mr. Varni proposed to pave this parking lot to Town specifications, at no
cost to the Town. He in turn would charge a fee for parking until he had received
the cost of paving at which time he would then turn the parking lot over to the
Town.
Lot 4 - Ed Stahl spoke on this concerns of availability for trash bins, loading &
unloading and curb cuts in said lot. Mr. Cruz spoke on his concerns of safety in
said lot.
There being no one else from the audience wishing to speak on this issue. Mr.
Carlson moved hearing be closed. Mrs. Benjamin seconded. Carried by vote of
three ayes. Mr. Ferrito and Mr. Hamilton abstained from voting due to possible
conflict of interest. Mr. Carlson suggested taking Lot 15 out of the district.
Taking the $30,000.00 earmarked for that lot to be used for parking
improvements at the El Monte Island and the Town to pay the rest of the
improvement costs. Improvements be 1) Safety; 2) Provision for adequate
parking; and 3) Maintain at least the current amount of landscaping. Discussion
was held as to how this could be accomplished.
RECESS
Mayor Ventura declared a recess. Meeting reconvened.
LOT 15 (CONTINUED)
Mr. Carlson then moved to instruct the staff to re examine the sign of lot 15 and
in line of the following issues:
1. The fact that we need to restudy this particular area because of the
intersection problem at Jackson/Main.
2. Investigate the State law as to how specific we need to be on the design of
this lot in order to include it in the assessment district.
3. Based on the two above issues, decide whether we need to go through
another Engineer's report in order to form the assessment district and we need
the answer to this issue by the next meeting. Mrs. Benjamin seconded. Carried
by vote of three ayes. Mr. Ferrito and Mr. Hamilton abstaining. Mayor Ventura
moved by consensus to direct staff to amend landscaping plan for lot 4 pursuant
to memo received from Parks, Forestry and Maintenance with regard to change
in types of trees to be planted. Down lighting be used in parking lots with
reflectors be put on lights to block light from intruding in any residential area.
That Stone walls in lot 9 vicinity be reused in said lot. This was accepted by
other Council members. Mr. Carlson moved action on this item be continued to
March 23, 1987 meeting. Mrs. Benjamin seconded. Carried by vote of three
ayes. Mr. Ferrito and Mr. Hamilton abstained.
REVIEW OF BUILDING PERMITS FOR FACADES FACING PARKING LOT 4
Mayor Ventura stated this was the time and place duly noted to consider
Planning Commission's recommendation, S-87-1, requesting approval of
standards to be used in the review of Building Permit Applications for the building
facades which face proposed Parking Lot 4. (Boone Lane between Elm Street
and Grays Lane; property owners, Elton & Marie Armstrong, John R. Cobb,
Dawson Miller Development Co., Frank Greco, Richard & Kathryn Groen,
Raymond & Pearl Nelson, Hazel Smith, Kumiko Vadas, Doris Zucconi and Town
of Los Gatos). It was noted Mr. Ferrito and Mr. Hamilton could vote on this issue.
Mr. Stahl addressed the Council in opposition to design standard, as he feels it
should include any additional doors or windows so that property owners could
improve the backs of their property. There being no one else from the audience
wishing to speak on this issue, Mr. Carlson moved the public hearing be closed.
Mrs. Benjamin seconded. Carried unanimously. Discussion was held as to
including vines and Mayor Ventura suggested adding a section to cover the issue
of vines. Mr. Bowman answered questions of Council as to extra doors and
windows omitted from the design standards. Discussion was held as to what
should be included as far as the design standards and the cost of the
improvements whereby staff should use their discretion as to whether it could be
handled by staff or be sent to the Planning Commission. Discussion was held on
possibly using the cost as a means of who would handle the issue. After further
discussion Mr. Carlson moved to send this back to Planning Commission
specifically asking them if they considered the fact that the fee of $500.00 might
be accessive for certain and minor improvements that would be required for
openings and should there be a dollar amount upon which the staff has the
discretion to decide this is conforming with the design criteria and can approve it
without fee. Mr. Hamilton seconded. Carried unanimously.
URGENCY INTERIM ZONING ORDINANCE TO EXTEND NONCONFORMING
STATUS
Mayor Ventura stated this was the time and place to consider amending an
urgency interim zoning ordinance to extend the duration of nonconforming
statues as listed in Section 3.50.050 of the Los Gatos Zoning Ordinance;
considering the uses of properties located in the Central Business District which
are nonconforming as to parking. Due to lack of an opinion from Fair Political
Practice Commission as to whether Mr. Hamilton and Mr. Ferrito are able to
participate in voting on this issue and the necessity to have a 4/5th vote, lots
were drawn between Mr. Ferrito and Mr. Hamilton to see which Council member
would vote. Mr. Ferrito had won the right to vote. No one from the audience
wished to speak on this issue. Mr. Carlson moved to close the public hearing.
Mrs. Benjamin seconded. Mr. Ferrito abstained. Motion failed due to a lack of
the 4/5th vote. Mr. Ferrito moved to continue this item to March 16, 1987. Mrs.
Benjamin seconded. Carried by vote of 3 ayes. Mr. Carlson voting no and Mr.
Hamilton abstaining.
INCREASE FUNDING VASONA CORRIDOR STUDY RELATED TO BART &
ROUTE 85
The Town Manager stated this was before Council for consideration of the
information provided during the study session with the representatives of the
Santa Clara County Transportation Agency. It is also recommended that the
Council consider the request for increased funding related to the Vasona Corridor
Study. Mayor Ventura commented that he feels Council should invest $6,000.00
to get a study and questioned if there were objections to allocating that full
$6,000.00 to Route 85 Study. Mr. Carlson stated that there be a study of Vasona
Corridor/85 Corridor with or without the freeway option and also study the
connection or alternative connections to BART. There was no objections to said
suggestion.
COMBINED FINANCIAL STATEMENT - June 30, 1986.
TRANSIT ASSIST. ANNUAL STATEMENT.
TOWN RETIREMENT PLAN ANNUAL STATEMENT.
This item was continued from February 17, 1987 at the request of
Councilmember Hamilton. He has also asked that the memo from the Town
Treasurer to Mayor Ventura be included for consideration by the Council. Mr.
Hamilton stated that he feels there are still discrepancies in said audit report and
feels these should be cleared by and that this should be discussed with the
finance committee, Main Hurdman and the Treasurer. Mr. Carlson moved for
referral of the combined financial statement of June 30, 1986 to finance
committee, Main Hurdman and Treasurer and Transit Assist annual statement of
June 30, 1986 and Town of Los Gatos Retirement Plan of June 30, 1986 be
approved. Mrs. Benjamin seconded. Carried unanimously.
Mr. Carlson moved meeting be continued past midnight. Mr. Ferrito seconded.
Carried unanimously.
CLOSED SESSION
Town Attorney Levinger announced there will be a Closed Session meeting to
discuss the meeting and signing of payroll for Town employees on Friday,
February 27, 1987. Pursuant to Government Code section 54954.2 sub section
B provides that Council may take action on items not appearing on the posted
agenda (as per the Brown Act) if upon determination of 2/3 of the Council feel
there is a need to take action which arose subsequent to agenda being posted.
Particular item for consideration is the pending payroll check and payroll related
checks to be disbursed Friday, 27, 1987. The Town Treasure has informed
myself and Manager that he intends to be gone the later part of this week. This
particular items needs to be discussed both as Council item in public session
with regards to what arrangements need to be made with the Bank in order to
have Bank honor the warrants and request Council to adjourn to Closed Session
to discuss potential litigation which may be necessary to have the payroll
obligations met in conformance with our Memorandum of Understandings. It was
noted also that the Treasurer had refused to transfer monies in order to cover
said payroll. Mr. Carlson moved meeting be adjourned to closed session to
discuss this issue. Mr. Ferrito seconded. Carried by vote of four ayes. Mr.
Hamilton voted no.
Meeting reconvened at 12:08 a.m.
REPORT ON CLOSED SESSION
Town Attorney reported on Closed Session stating discussion was held regarding
possible litigation necessary to meet payroll obligations. Council authorized the
Town Attorney to institute litigation to guarantee that Town payroll checks are
honored.
TREASURER'S BUDGET
Mr. Hamilton moved to transfer money within the Treasurer's budget (money to
be taken from materials and supplies to benefit salaries) which would allow
money for payment to Deputy treasurer Beverly Shebs. Motion died for lack of a
second.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned at 12:45 a.m. Tuesday, February
24, 1987.
ATTEST:
Rose E. Aldag
Town Clerk