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M 03-01-99TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY March 1, 1999/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:30 p.m., Monday, March 1, 1999, in joint regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, and Mayor/Chairman Jan Hutchins. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Hutchins announced that Closed Session had not been held this evening. CITY OF SAN JOSE/MAYOR RON GONZALES/PRESENTATION (XX.44) Mayor Jan Hutchins introduced former Santa Clara County Supervisor, and recently elected and current Mayor for the City of San Jose, Ron Gonzales, who pledged his support and cooperation with San Jose's neighboring cities. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEMBER/JACK LUCAS/PRESENTATION (OO.44) Mayor Jan Hutchins introduced the Mayor of Monte Sereno, Jack Lucas, who is serving on the Transportation Authority. He spoke of supporting the issues of Valley Transportation and the Vasona Corridor proposals. TRAILS & BIKEWAYS COMMITTEE/MAUREEN HEATH/COMMENDATION (YY.20) Mayor Jan Hutchins presented Maureen Heath with a commendation for her years of service on the Trails & Bikeways Committee. TRAILS & BIKEWAYS COMMITTEE/VIC COLLORD/COMMENDATION (YY.20) Mayor Jan Hutchins presented Vic Collord with a commendation for his twenty years of service on the Trails & Bikeways Committee. Mr. Collord thanked the Town for the opportunity to have served on this committee and spoke of his continuing service to the community. LARRY TODD/CHIEF OF POLICE/PRESENTATION JOE MALLOY AWARD FROM CALIFORNIA CHIEFS OF POLICE ASSOCIATION (XX.44) Mayor Jan Hutchins presented Los Gatos Chief of Police, Larry Todd, with the Joe Malloy Award from the California Chiefs of Police Association. Chief Todd accepted his presentation and thanked his department and the Town for their support. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. CODE COMPLIANCE/QUARTERLY REPORTS (02.47) Informational reports from the Code Compliance Officer regarding abatement of code violations was received and filed. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. RATIFICATION OF PAYROLL/JANUARY-FEBRUARY 1999 (04.V) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the check registers for the payroll of January 24 through February 6, 1999 paid on February 12, 1999, in the amount of $389,689.20. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1999 (05.V) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the accompanying check registers for accounts payable invoices paid on February 12, and February 19, 1999 in the amount of $330,102.50. Carried unanimously. MINUTES OF FEBRUARY 16, 1999 (06.V) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council approve the Minutes of February 16, 1999 as submitted. Carried unanimously. STREET RESURFACING/PLANS & SPECS/PRJ 9804/RESOLUTION 1999-19 (07A.35) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-19 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9804 - STREET RESURFACING PROGRAM - AND AUTHORIZING ADVERTISEMENT FOR PROJECT. Carried unanimously. STREET RESURFACING/PRJ 9804/MONTE SERENO AGR./RESOLUTION 1999-20 (07B.35) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF MONTE SERENO FOR PROJECT 9804 - STREET RESURFACING PROGRAM - WINCHESTER BOULEVARD OVERLAY PROJECT. Carried unanimously. POLLARD ROAD LANDSCAPING/PROJECT 9936/AWARD CONTRACT (08A.35) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council award contract to Diablo Landscaping, Inc. in the amount of $158,888 and establish a contingency in the amount of $15,888. Carried unanimously. POLLARD ROAD LANDSCAPING/PROJECT 9936/RESOLUTION 1999-21 (08B.35) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DIABLO LANDSCAPING, INC. FOR PROJECT 9936 - POLLARD ROAD LANDSCAPING ON BEHALF OF THE TOWN OF LOS GATOS . Carried unanimously. SIGN REPLACEMENT PROGRAM/CENTRAL BUSINESS DIST/RESOLUTION 1999- 22 (09A.47) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH MUSCATO SIGNS ON BEHALF OF THE TOWN OF LOS GATOS. Carried unanimously. SIGN REPLACEMENT PROGRAM/CENTRAL BUSINESS DIST/RESOLUTION 1999- 23 (09B.47) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-23 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH PELCO PRODUCTS, INC., ON BEHALF OF THE TOWN OF LOS GATOS. Carried unanimously. METROPOLITAN TRANSPORTATION DEVELOPMENT/GATOS CREEK TRAIL ALLOCATION OF FUNDING/RESOLUTION 1999-24 (10.40) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-24 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AND FILE AN APPLICATION WITH METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3 FUNDING FOR LOS GATOS CREEK TRAIL REPAIRS FISCAL YEAR 1999/2000. Carried unanimously. MILES AVENUE 71/COMMUNITY HOUSING DEVELOPERS/RESOLUTION 1999-25 (11.09) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-25 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION DECISION TO DENY AN ARCHITECTURE AND SITE APPLICATION, A NEGATIVE DECLARATION AND A CONDITIONAL USE PERMIT TO CONSTRUCT 12 STUDIO APARTMENTS, A VARIANCE APPLICATION TO LOCATE A DETACHED STRUCTURE WITHIN THE REQUIRED SIDE SETBACK ON PROPERTY ZONED RM:5-12 AND A DEVELOPMENT APPLICATION FOR A ZONE CHANGE FOR 351.72 SQUARE FEET OF TOWN SURPLUS LAND FROM FM:5-12:LHP TO RM:5-12. PROJECT APPLICATION: PRJ-98-100. VARIANCE APPLICATION: V-98- 09. NEGATIVE DECLARATION: ND-98-009. DEVELOPMENT APPLICATION: DEV-98-012. PROPERTY LOCATION: 71 Miles Avenue. PROPERTY OWNER APPLICANT/APPELLANT: COMMUNITY HOUSING DEVELOPERS, confirming Council action on February 16, 1999. Carried by a vote of 3 ayes. Mr. Attaway and Mr. Pirzynski voted no for reasons noted in prior record. VERBAL COMMUNICATIONS Lyndon Carriage House Cupola: Sue Farwell, 121 Laurel Ave., asked that the question of the placement of the historic cupola be reconsidered by Council and that the subject be placed on a Council agenda after staff has had time to review the options. Consensus to place the subject on the March 15th agenda. HEARINGS LOCAL LAW ENFORCEMENT BLOCK GRANT/RESOLUTION 1999-26 (12.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider authorizing the Town Manager to accept funds awarded by the Bureau of Justice Assistance for Local Law Enforcement Block Grant; use of Local Law Enforcement Block Grant Funds; adopting resolution authorizing the use of Local Law Enforcement Block Grant Funds to purchase a canine, train both the dog and handler, and for associated costs; increase revenue account 4030-60549 and track in project canine; and authorize amendment to Section 10 of the Police Officer Association Memorandum of Understanding. The following people spoke to this issue: Chief Todd, addressed the program and the benefits to the Town and its citizens. Kim Bidermann, 15757 Kavin Lane, member of CASA, spoke in favor of this proposal. No one else addressed this issue. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1999-26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS TO PURCHASE A CANINE, TRAIN BOTH THE DOG AND A HANDLER, AND FOR ASSOCIATED COSTS, and authorizing the Town Manager to accept funds awarded by the Bureau of Justice Assistance for Local Law Enforcement Block Grant; use of Local Law Enforcement Block Grant Funds; increase revenue account 4030-60549 and track in project canine; and authorize amendment to Section 10 of the Police Officer Association Memorandum of Understanding. Carried unanimously. SANTA CRUZ AVE N 236/MEDICAL OFFICE USE/APPEAL (13.09) Mayor Hutchins stated that this was the time and place duly noted for public hearing to consider an appeal of the Planning Commission's decision to deny an application for use and occupancy approval for a medical office use on property zoned C-2. Use and Occupancy: UO-98-0004. Property Location: 236 North Santa Cruz Ave, Ste.112. Property Owner: William Bacchi. Applicant/Appellant: Kim Davis. Council consensus to continue this item to April 5, 1999. DOWNTOWN PARKING IMPROVEMENTS/SCHEDULE/HEIGHT CONSIDERATIONS (14.40) Mayor Hutchins stated that this was the time and place duly noted to consider approving future public meeting schedule, paid parking and height of structures for downtown parking. Council and staff considered issues of scheduling so as not to impact the holiday shopping season, and the methods of choosing an architect that could design a structure that would fit gracefully in its respective locale. DOWNTOWN PARKING IMPROVEMENTS/SCHEDULE/HEIGHT CONSIDERATIONS CONT. The following people from the audience spoke to this item: Height of structures: Richard Minert, 255 University Ave., was concerned about height of Lot 2 as it impacts the homes it would be adjacent to. Loss of privacy was an issue. Nina Alvarez, 100 Twin Oaks Drive, President of St. Mary's School Board, spoke about the height of Lot 13 as it impacts St. Mary's school. Options were considered. 13A & 13H were considered for the terracing away from the school, and a 15 foot height was preferred in order to cut down on the mass and shadowing impact on the school. Sister Niki Thomas, 30 Lyndon Ave, Principal of St. Mary's School, noted an interest in the use of the parking lot for additional play ground area. The church and school support the idea of a parking structure, but the problems of height, mass and shadows are a concern that they would like considered in the design and plans. Rex Morton, 51 University Ave., spoke in favor of an upper level on Lot 2 with 10 foot setbacks along property lines to allow for landscaping which would give privacy to the University residents and would give less impact on the Bachman Ave boundary. Matt Franklin, 259 University, asked that the height of Lot 2 be considered as it impacts the homes that abut it on University. He asked if below grade could be considered for this lot. Diane McNutt, 27 Jackson Street, speaking on behalf of the Chamber of Commerce, spoke of a cashier's check for $10,000 has been donated by downtown property owners toward purchase of depth boring studies for consideration of putting parking below grade level. Staff commented that going below level will cause the construction time to run into the holiday shopping season. Subsurface levels will also entail additional costs. Council consensus that Council will agendize the question, as to accepting the donation and proceeding with the borings, at the March 15, 1999 meeting. Burt Millen, 301 Santa Cruz Ave, asked for fund raising options and assessment districts on land owners which would cost 3 cents a foot per month. He suggested below level if possible and building above at a latter date. Margaret Smith, owner of Domus, 40 N. Santa Cruz, spoke of options, and noted a study on paid parking. She also asked that various municipal lots be considered when special events are scheduled in Town. Bill Bacchi, 236 N. Santa Cruz Ave., reported that at a downtown property owners meeting the owners were willing to support various financing options, but they wanted a more specific plan, with more specific numbers to consider and make a commitment on. Staff suggested that the property owners proceed on acquiring the information from the borings on their own and report back to Council with their findings. Carol Grayham, 151 Hernandez Ave., does not support an elevated parking structure. The character of the elevated structure does not fit in with the Town, and sympathizes with the homeowners privacy issues. Council consensus that structures at grade and 15 feet above grade seem acceptable, and that the designs that call for three levels could be considered if they are able to go below level. DOWNTOWN PARKING IMPROVEMENTS/PAID PARKING/FINANCING CONT. The following people from the audience spoke to this item: Paid Parking: Sue Farwell. 121 Laurel, spoke about paid parking which was promised in 1987. In favor of a parking assessment or other form of paid parking, only if it is accompanied with strict guidelines for its use to pay for the parking structures in the downtown and the assessments do not appear in the general fund, and a definite termination clause when the parking has been paid for. Shirley Henderson, 98 W. Main, is in favor of paid parking in the garages but adamant about not having parking meters on the sidewalks. Margaret Smith, 40 N. Santa Cruz, spoke about research by the Urban Land Institute concerning paid parking in smaller towns and found that retail was not as successful as those towns that did not have paid parking. Thought must be given to problems that will be caused by having paid parking such as ingress and egress for delivery trucks. There is a willingness to have some form of paid parking but consensus has not been built yet. John Tice, 570 University, spoke against paid parking, noting that there are studies showing that the business community is often hurt when paid parking is initiated. Sandy Decker, 45 Glen Ridge, noted that a parking structure would take the parking impact out of the residential neighborhoods and bring it to the downtown where it would enhance the business community. Pointed out three revenue sources: 1) Town funds identified for building one garage. 2) Business community forms an assessment district for building a second garage. 3) Paid parking used to generate a revenue stream for future parking needs. No one else from the audience addressed this issue. Mayor Hutchins noted that the considerations were over and Council would proceed as rapidly as possible with structure plans and financing options. COLLEGE AVE & MAIN/THREE WAY STOP SIGN (15.39) Mayor Hutchins stated that this was the time and place duly noted to consider report regarding 3-way stop sign at College Avenue and Main Street. Scott Baker, Director of PPW, addressed the issues noting that a design has not been received from Mark Wessel but it should be ready by the March 15th meeting. At that time there will be a public discussion concerning the design and operational study. Art Bonner, noted that a portion of the hill that makes use of this intersection had not been noticed. He would like Cleland, Kimble and Reservoir roads noticed. He spoke about the compression of traffic at the stop sign at Pleasant and at the Loma Alta stop sign where a traffic light had been promised. He asked for a traffic light instead. Sister Niki Thomas, 200 Prospect Ave., spoke about poor drivers on the hill who are elderly and living at retirement homes. She favored a traffic light at the location. Council asked that consideration of a traffic light be addressed in the consultants report. DESIGNATED REPRESENTATIVE FOR SALARY NEGOTIATIONS (16.10) Council requested further information on this subject and time to consider this information. Council consensus to return this item to a future agenda after Council has time to evaluate the background information. TOWN COUNCIL MEETING SCHEDULE FOR FISCAL YEAR 1998-99 (17.10) Council consensus to amend Town Council Meeting Schedule for Fiscal Year 1998-99 rescheduling the February 20, 1999 study session to March 22, 1999 at 5:30 p.m. COUNCIL COMMITTEE REPORTS Steve Blanton spoke about the Vasona Light Rail Corridor funding and the commitment to see that it arrives at the Campbell Winchester Station location, and that Los Gatos was the original point of terminus for that line, and if enough federal and state funding can be obtained there may still be an opportunity to extend light rail to Los Gatos. This project will be going to the County Board of Supervisors soon and any contacts that Council has with members of the Board should be exercised to full advantage. Jan Hutchins spoke of the Silicon Valley Manufacturing Group meeting which discussed the light rail issue, education issues and government partnership issues as they relate to Los Gatos. Joe Pirzynski spoke of the General Plan Committee meeting and a consensus on formatting the plan. Examples from Palo Alto and Cupertino were used. It was suggested that Council examine those plans for suggestions and ideas. He also spoke of the meeting with the General Plan Task Force. ADJOURNMENT Mayor Hutchins adjourned this evening's meeting at 9:57 P.M. ATTEST: Marian V. Cosgrove Town Clerk