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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