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M 01-21-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY January 21, 1997 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 8:15 p.m., Tuesday, January 21, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Manager, David Knapp, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957.6, regarding Conference with Labor Negotiator. The Town Negotiator and Assistant Town Manager, James Piper met and negotiated with Town Employees' Association (TEA), Police Officers' Association (POA), American Federation of State, County and Municipal Employees, Local 101, (AFSCME), and Confidential Employees. Town Negotiator met with Council and received direction as to how to proceed with the labor negotiations. ARTS COMMISSION/APPOINTMENT (00.20) Mayor Benjamin noted that there were no applications for the one vacancy on the Arts Commission, and that this opening would be readvertised. COMMUNITY SERVICES COMMISSION/STUART/APPOINTMENT (000.20) Mayor Benjamin noted that there was one application received from Katie Stuart for two openings on the Community Services Commission for a Student Member. Voting was held and Ms Stuart was appointed for a term to expire September 30, 1997. LIBRARY BOARD/APPOINTMENT (XX.20) Mayor Benjamin noted that there were no applications for the one vacancy on the Library Board, and that this opening would be readvertised. PLANNING COMMISSION/PACHECO/APPOINTMENT (XXX.20) Mayor Benjamin noted that there were six applications received from Katherine Fox-Ehlert, Richard Lang, Louie Leu, Bill Meinhardt, Leonard Pacheco, and Joseph Pirzynski for one opening on the Planning Commission. Voting was held and Mr. Pacheco was reappointed to a term ending January 31, 2001. TC:D9:MM012197 January 21, 1997 Los Gatos, California TRAILS & BIKEWAYS COMMITTEE/FONT/FOURNIER/APPOINTMENTS (YY.20) Mayor Benjamin noted that there were three applications received from John Font, Peter Fournier, and Nick Goddard for two vacancies on the Trails & Bikeways Committee. Voting was held and John Font and Peter Fournier were appointed to terms ending January 31, 2001. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the recommended action concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 6491 14065 Arnerich Rd Weidert Grading/Building Site Approval/2 Conditions Carried unanimously. TREASURER'S REPORT (03.V) Informational report submitted by the Treasurer to the Council as of November 30, 1996, was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (04.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL RATIFICATION/DECEMBER 1996 (05.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the check register for the payroll of December 15 through December 28, 1996, paid on January 3, 1997, in the amount of $277,762.57. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1997 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on January 3 and January 10, 1997 in the amount of $352,750.63. Carried unanimously. MINUTES OF JANUARY 6, 1997 (07.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of January 6, 1997 as submitted. Carried unanimously. MEMORANDUM OF UNDERSTANDING/MOU/RESOLUTION 1997-5 (10.10) AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-5 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101, as TC:D9:MM012197 January 21, 1997 Los Gatos, California described in agreement before Council in the desk item this evening, and which authorizes related budget adjustments. Carried unanimously. TC:D9:MM012197 January 21, 1997 Los Gatos, California COMPRESSED NATURAL GAS 1997 VEHICLE/PURCHASE/RESOLUTION 1997-6 (11.28) Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-6 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES FOR PURCHASE OF (1) NEW COMPRESSED NATURAL GAS PICKUP. Carried unanimously. LOMA ALTA AVE 123/RESIDENTIAL DEMOLITION/MCELROY/RESOLUTION 1997-7 (12.09) Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-7 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION DENYING A REQUEST FOR ARCHITECTURE AND SITE APPROVAL TO DEMOLISH A PRE-1941 RESIDENCE AND TO CONSTRUCT A NEW TWO STORY SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1:8/PRJ-96-75, as presented to Council in a desk item this evening. Carried by a vote of 4 ayes. Mrs. Benjamin voted no for reasons noted in previous record. SANTA CRUZ AVE S 22/LOS GATOS PASTAIO/RETAIL FOOD/RESOLUTION 1997-8 (13.09) Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF PLANNING COMMISSION DECISION DENYING A CONDITIONAL USE PERMIT REQUEST TO OPERATE A RETAIL FOOD STORE AND RESTAURANT WITH OUTDOOR SEATING ON PROPERTY ZONED C-2. Carried unanimously. SANTA CRUZ AVE N 112½/RETAIL CONVERSION/RESOLUTION 1997-9 (14.09) Motion by Mrs Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-9 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION DENYING REQUEST FOR ARCHITECTURE AND SITE APPROVAL TO CONVERT AN APARTMENT TO RETAIL USE ON PROPERTY ZONED C-2. Carried unanimously. VERBAL COMMUNICATIONS Old Town Theater Rick Bellig, 1 Bayview, representing Old Town Theater Coalition of Residents, presented arguments in favor of the Town requiring a Theater to be maintained in the Old Town complex. He presented a letter and signed petitions in favor. UNIVERSITY AVENUE 742/RIDING COMPANY/REQUEST FOR $20,000 REFUND (15.09) Mayor Benjamin stated that this was the time and place duly noted to consider request of Riding Company for refund of $20,000 in planning application fees paid in connection with General Plan GP- 95-1. Zone Change Application Z-95-3. Negative Declaration Application ND-95-6. Planned Development Application for 742 University Avenue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that staff move forward with changing the wording so as to be able to return a portion of these fees, based upon correct wording being included in the Town Planning Fee Resolution so that Council has the discretion to do so. Carried unanimously. Council also gave general direction to staff to work on changing the wording in the fee schedule. Motion by Mr. Blanton, seconded by Mr. Hutchins, to continue this item to February 3, 1997. Carried unanimously. TC:D9:MM012197 January 21, 1997 Los Gatos, California DOWNTOWN PARKING IMPROVEMENT PLAN/PAID PARKING (20.38) Mayor Benjamin stated that this was the time and place duly noted to consider soliciting requests for proposals regarding the Downtown Parking Improvement Plan establishing paid parking. The following people from the audience spoke to this issue: Rex Morton, 51 University Ave., Ste. I, reported on the committee's progress in raising funds and acquiring pledges for funding a second level at the Old Town parking lot. This lot would generate 105 spaces in the downtown. He spoke of the $60,000 in pledges raised so far; a $300,000 agreement with a downtown merchant; a $1,000,000 loan made available to proceed with the lot. Ken Cannizzarro, 155 Tait Ave., spoke of the coalition of merchants, property owners and residents organized to get pledges to build the 105 additional parking spaces downtown. He spoke of the consensus opinions of the coalition as follows: 1) The Town must control the 105 spaces; 2) Any revenue generated by Parking Control should go exclusively to a parking fund; 3) Paid Parking is still controversial and confusing; 4) Consensus of all spoken to is that the parking issue downtown must be addressed; 5) Specific funds should be ear marked for parking purposes; 6) Preferential Parking Districts would only want extended permit parking in their districts if there was to be paid parking on the downtown streets and in the downtown lots; 7) The committee is willing to continue garnering support for the additional 105 spaces in the Old Town Parking Lot. Randy Chadden, 118 Edelen Ave., supports the second under ground level and has pledged money for it. She requests 24 hour permit parking in the Edelen area to keep traffic from driving through looking for parking spaces. Ed Storm, project developer for Old Town, is concerned about timing and the opening date for tenants. With this proposal there may be a loss of 4 months revenues to the developer. He enquired about the collectability of the pledges and asked if there were strings attached to some of them. He also asked who accepted the additional liability for attempting to go down that extra level. He suggested additional testing of the soil in the center of the lot before proceeding. Jim Creighton, 142 Tait Avenue. Noted the concerned residents and business owners working together on this issue. He asked for the people in the audience who supported the additional 105 spaces to raise their hands, and many in the audience did. Anthony Leto, 347 Massol Ave., #505,. Noted that the merchants were working on the employee parking issue and have not forgotten this major concern. He asked Council to consider funding options such as redevelopment money, property tax credits, paid parking, and loans to provide a clear revenue source. He noted that the funds exist in the community but the power to generate the financing lies with the Council. Larry Arzie, The Porch owner, spoke about paid parking in lower Lot 4, in the new lower level at Old Town and employee parking in the bus depot lot. He felt merchants supported those areas for a system of paid parking if not the metered paid parking for foot traffic. Maggie Creighton, 142 Tait Avenue, people are not totally against paid parking, but they do question where these areas will be located, who will be the participants, and how it will be administered. She also noted that all funds collected from paid parking should go into a fund for future parking provisions. Sarah Leiberbottom, 240 Massol, spoke of all the work that has gone into this concept during the past two weeks. Paul Shepherd, 135 Tait, spoke of the need to do a more thorough analysis of the soil below the proposed lot. TC:D9:MM012197 January 21, 1997 Los Gatos, California DOWNTOWN PARKING IMPROVEMENT PLAN/PAID PARKING/CONT. (16.38) Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that staff continue to put together proposals and make arrangements that help identify solutions for creating a second level under the Old Town parking lot, and to move forward as quickly as possible. Mr. Hutchins will continue to represent the Council at these meetings. Carried unanimously. Council Comments: 1)The investigation of probability for funding and building the lower deck should not be responsible for unduly holding up the rest of the Old Town development. 2)To leave all doors open for investigating the options for funding the lower deck, but to make no commitment yet from the Town. 3)The need for more town parking is undeniable, to incur more debt for the town is unacceptable. 4)Strong pledges for financial backing is promising. 5)Shared partnership with developer is an interesting concept. 6)These 105 spaces are totally new spaces and highly desirable. 7)The town's liability for discovered toxics is a concern, but the town has funds set aside to handle toxic waste and if there is an existing problem it should be removed. 8)A lower lot is not in keeping with the style of Los Gatos. 9)There are security issues associated with a lower lot which should be addressed and mitigated. 10)There is a need to keep the consensus building ongoing between the downtown residents, downtown merchants and the other Los Gatos citizens and business owners. There are others in town who may not support more funding in the downtown when there are problems and issues in their neighborhood that they would prefer to receive 11)A trial period for paid parking should happen first in the different lots to see which ones are most used and what the impacts of the paid parking are on the rest of the town. Speakers continued: Paul Dorsa, representing the Opera House, spoke of the $300,000 he would put into the parking level at Old Town with the anticipation of being able to use half that lot during daytime hours. He also noted that he would donate $5,000 to the overall downtown paid parking plan. Ed Storm, owner of Old Town, noted that Old Town would not be putting up cash toward this project but that they would donate the space, the design and the construction management for the concept. They would also be giving up about four months rent or $170,000. Kurt Lemons, 54 N. Santa Cruz Ave., Upstream Flyfishing, spoke of using existing parking spaces more effectively. Noted a combination of parking options in the different lots now in existence, and suggested using valet parking in several of the areas. No one else from the audience addressed this issue. COMPUTER REPLACEMENT/PURCHASE (08.28) Council consensus to continue this item and consider the possibilities of extending the life of this computer and return to Council with report February 3, 1997. TC:D9:MM012197 January 21, 1997 Los Gatos, California SANTA CRUZ S 145/BUS DEPOT/APPRAISAL/RECORD OF SURVEY (09.44) Council Comments considered the wisdom of obtaining an appraisal for property which could easily be developed as a parking lot to help ease the downtown parking situation. The following person from the audience spoke to this issue: Wayne Levenfeld, Manager of the Toll House, 140 S. Santa Cruz Ave., acknowledged that the Toll House would like to purchase the lot for additional parking and noted that the lot would at most times be opened to the public. He stated that the Toll House was not interested in expanding to the other side of Santa Cruz due to inconvenience to staff and customers. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to execute agreement with Appraisal Research for appraisal for $1,800, and authorize Wildan Associates to do a record of survey for $8,050. Motion failed with 2 ayes from Attaway and Lubeck and 3 noes from Benjamin, Blanton, and Hutchins. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, for staff to begin preliminary plans and specs concerning the amount of parking which could be derived from this lot and the feasibility of the location. Motion withdrawn. Council Comments asked for a survey to determine the size of the lot and the area which would be available for parking. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that the property be surveyed by Wildan Associates, and a report from staff return to Council on the feasibility of establishing a public parking lot on the property. Carried unanimously. COUNCIL REPORTS There were no reports by Council this evening. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mr. Blanton, that this evening's meeting be adjourned at 9:58 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM012197