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M 02-02-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 2, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton and Vice-Mayor Eric D. Carlson. ABSENT:Mayor Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. COMMUNICATIONS (referral/file) a.Letter from Sharon Gies, regarding planting of Camphor trees and replacing of an Ash tree with a Camphor tree. Mrs. Benjamin moved to refer letter to Town Manager for response. Mr. Hamilton seconded. Carried unanimously. b.Letter from Ming Quong Society, requesting use of Civic Center facilities for the Strawberry Festival, to be held on June 6 and 7, 1987. Mrs. Benjamin moved to refer said request to Town Manager for report. Mr. Hamilton seconded. Carried unanimously. c.Letter from Kay Rakhra, regarding secondary units. Mrs. Benjamin moved to refer letter to Town Manager for report. Mr. Hamilton seconded. Carried unanimously. d.Letter from Paula Rubin regarding speeding vehicles on Bicknell Road. Mrs. Benjamin moved to refer this letter to Town Manager for report. Mr. Hamilton seconded. Carried unanimously. e.Letter from Larry Arzie regarding Parking District formation Mrs. Benjamin moved to refer this to Town Manager for report. Mr. Hamilton seconded. Carried unanimously. f.Letter from Los Gatos Elementary Educational Foundation Inc. requesting permission to hold their annual foot race on March 29, 1987. Mrs. Benjamin moved to refer request to Town Manager for report. Mr. Hamilton seconded. Carried unanimously. g.Notice from General Telephone Company regarding rate application. Note receipt and file. SCHEDULE OF PUBLIC HEARINGS Information for Council as to public hearings scheduled for future meetings. COUNCIL CALENDAR OF MEETINGS Information for Council on various organizational meetings scheduled for February and March. COUNTY REFERRALS Mrs. Benjamin moved to accept staff recommendation on the following: 30888-30-50-87DR S. Quarry Rd. Fine Design review DRC recommends approval. Mr. Hamilton seconded. Carried unanimously. PLANNING DEPT./COMMISSION MONTHLY REPORT. Informational report for Council. UNIFORM & MISC. PAYROLL - JANUARY 23, 1987 Mrs. Benjamin moved for approval of uniform pay and miscellaneous payroll in the amount of $7,480.77 and related warrants in the amount of $915.50 for pay period of January 23, 1987. Mr. Hamilton seconded. Carried unanimously. JANUARY 30, 1987 PAYROLL Mrs. Benjamin moved for approval of January 30, 1987 payroll in the amount of $135,392.86 and payroll related warrants in the amount of $117,395.72. Mr. Hamilton seconded. Carried unanimously. ELKS LODGE REQUEST FOR USE OF OAK MEADOW PARK Report was presented to Council re the request from Elks Lodge to sponsor a concert and bar-b-que at Oak Meadow Park on Saturday, June 13, 1987. Mrs. Benjamin moved to grant the request subject to staff recommendations as follows: a. Elks Club to coordinate with the Police and Parks Department to finalize event details. b. Elks Club to provide the Town with special event insurance coverage in the amount of one million dollars. The Town will be named as additionally insured. The Town will also be provided with a hold harmless agreement. c. Expenses incurred by the Town for additional maintenance needs will be paid by the applicant. d. Obtain valid Alcoholic Beverage Control license for any beer and wine to be sold. Only one beer and wine booth to be allowed. All beer and wine will be consumed in an area contained by fenced perimeter as outlined by the Police Department. e. A Minimum of two private security officers to be hired by applicant for security purposes. f. All provisions of section 11.30.060 of the Los Gatos Noise Ordinance to be met: Subject to the exceptions in section 11.30.060, in the daytime (between the hours of 7:00 a.m. and 9:00 p.m.) no person shall make a noise louder than 75 DBA measured 25 feet from the source. Mr. Hamilton seconded. Carried unanimously. ORDINANCE RELATING TO ANIMALS AND VEHICLES Town Manager reported on letter received from Humane Society regarding Ordinance relating to animals and vehicles. Informing Council that an Ordinance was adopted by Council on March 4, 1985 adopting the County Ordinance by reference requiring that animals being transported in vehicles be secured and that animals in an unattended motor vehicle not be left without adequate ventilation. ALCOHOLIC BEVERAGE LICENSE TRANSFER 15 1/2 N. SANTA CRUZ AVENUE Informational report for Council. BUS LAYOVER RELOCATION Informational report for Council. COMMENDATION FOR JOHN R. MC NULTY Mrs. Benjamin moved for adoption of Resolution No. 1987-8 entitled, A RESOLUTION COMMENDING JOHN R. MCNULTY. This commends him for his service on the Town's Parking Commission since September 1984. Mr. Hamilton seconded. Carried unanimously. WEED ABATEMENT Mrs. Benjamin moved for adoption of Resolution No. 1987-9 entitled, A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Mr. Hamilton seconded. Carried unanimously. VERBAL COMMUNICATIONS Speaking from the audience was Mrs. Marilyn Donovan, 973 Cherrystone Drive, Los Gatos. She stated that her son, while riding his bicycle coming home from Fisher Jr. High School, was hit by a car. He is alright but she feels bicycle lanes in Los Gatos are not adequate and wished to bring that to Councils' attention. Mrs. Benjamin stated she was well aware of need for Council to look into the inadequacies of bicycles lanes in Town and feels the time for this is at the Capital Improvement budget hearings. It was also recommended that this be referred to Police Chief with direction that bicycle safety classes be made available for Fisher Jr. High School. APPEAL - W.L. HIGGINS - 400 BLOSSOM ROAD Vice-Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial to construct an additional office building and of Variance application requesting approval to waive screen wall requirements on property located in the "O" zone. Mr. Higgins spoke in opposition of the condition placed by Council as to restriction on the number of employees allowed in said buildings. As he sees it, the minimum number of employees could be 35 per building but can not accept total of 52 employees. That is not feasible. Town Engineer Zapf reported on traffic study made re traffic generated at peak hours. Discussion was held as to the formula used for traffic count; the need for seriously looking at improvement of Blossom Hill Road due to the two recent accidents; to further traffic generated by additional building and employees; and the highest number of employees that could be approve, would be 60. Mr. Hamilton stated he could support any increase of number of employees and if Council is not going to approve this then Council should undergo a General Plan Review. Other projects will be coming along to affect Blossom Hill Road and he doesn't feel Council will solve the traffic problem by reducing this project. After further discussion and no one else from the audience wishing to speak on this issue, Mrs. Benjamin moved public hearing be closed. Mr. Ferrito seconded. Carried unanimously. Mr. Hamilton moved to have no restriction because of the mitigation of the left turn and make no reference to the number of employees in the building. Motion dies for lack of second. Mrs. Benjamin moved Council finds that Planning erred in making its decision in that it did not look at the fact that restricting the number of employees can help to relieve some of the congestion on Blossom Hill Road and that Resolution granting the appeal and conditions be changed as follows: the number of employees be changed from 52 to 60; number of parking spaces be changed from 58 to 65; cost applicant shall pay on public improvements (including sidewalks) relating to pedestrian safety along Blossom Hill Road between Winchester Boulevard and Los Gatos Boulevard be set at 1% (this does not include the bridge); and anything below Los Gatos Boulevard and Lark Avenue, be deleted. Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ferrito voted no and Mayor Ventura was absent. Discussion was held on critical intersection policy and the various in-lieu fees and the need for reconsideration, based on traffic generated. Mrs. Benjamin moved for adoption of Resolution No.1987-10 (as amended above) entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF ARCHITECTURE AND SITE APPLICATION REQUESTING APPROVAL OF PLANS TO CONSTRUCT AN ADDITIONAL OFFICE BUILDING AND OF VARIANCE APPLICATION REQUESTING APPROVAL TO WAIVE SCREEN WALL REQUIREMENTS ON PROPERTY LOCATED IN THE "O" ZONE (400 Blossom Hill Road - William L. Higgins). Mr. Carlson seconded. Carried by vote of three ayes. Mr. Ferrito voted no and Mayor Ventura was absent. MINUTES OF JAN. 5, 1987 Mr. Carlson requested correction on page 2 - subject - TRANSPORTATION 2000 - last line of paragraph to read "Mr. Hamilton seconded. Carried unanimously." Mr. Ferrito moved for approval of January 5th, 1987 minutes as amended. Mrs. Benjamin seconded. Carried unanimously. MINUTES OF JAN. 20, 1987 Mrs. Benjamin requested change in the minutes on Page 3 - subject - PROPOSALS FOR CDBG FUNDS - 4th line of the third paragraph from the bottom of said page - sentence should read "Mr. Ventura Stated he could not support the motion". Mrs. Benjamin moved for approval of January 20th, 1987 minutes as corrected. Mr. Ferrito seconded. Carried unanimously. COMMUNICATIONS (for action) Letter from Girl Scout Council requesting permission to use the Town Plaza on March 12, 1987, between 3:00 p.m. and 4:30 p.m. The use is required to celebrate the 75th birthday of the Girl Scouts of the U.S.A. Mr. Ferrito moved to approve the Girl Scouts request subject to the following conditions: 1. Girl Scouts coordination with Parks Department to finalize event details. 2. Girl Scouts will provide the Town with special event insurance coverage in the amount of one million dollars. The Town will be named as additionally insured. The Town will also be provided with a hold harmless agreement. 3. Expenses incurred by the Town for maintenance services will be paid by the applicant, or applicant can provide necessary services. Mrs. Benjamin seconded. Carried unanimously. PROHIBITION OF PARKING ON PARKWAY This item was withdrawn from the agenda and will be reagendized for the next meeting. APPEAL ON REMOVAL OF TREE J. STANGER Mrs. Benjamin moved for adoption of Resolution No. 1987-11 entitled, RESOLUTION DENYING APPEAL OF A CONDITION OF A PLANNING COMMISSION APPROVAL TO REMOVE A PROTECTED TREE ON PROPERTY LOCATED IN THE R-1:8000 ZONE. (Jay Stanger - 101 Glenridge Avenue). Mr. Hamilton seconded. Carried by vote of three ayes. Mr. Ferrito voted no and Mayor Ventura was absent. ZONING ORDINANCE AMENDMENT - TREE REMOVAL PERMIT Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANCE AMENDMENT A-87-2 REQUIRING TREE REMOVAL PERMITS. Mrs. Benjamin seconded. Carried unanimously. Town Clerk read title of Ordinance. Mr. Ferrito moved ordinance be introduced. Mrs. Benjamin seconded. Carried unanimously. AGREEMENT WITH DKS & ASSOCIATES SIGNAL AT CAMELLIA TERRACE & BL. HILL Town Manager stated the agenda calls for authorization for Town Manager to sign an agreement with DKS & Associates to provide consulting services on the signalization of Camellia Terrace at Blossom Hill Road. The agreement was not included in Council packets but presented at tonight's meeting and therefore is requesting Council to authorize, in concept, that the Manager signs the agreement and if they find, after review of the agreement, that it does not meet their expectations then the signing of the agreement will not be done. Discussion was held as to the commitment that had been set forth previously re the intersection of Blossom Hill and Camellia Terrace. Mrs. Benjamin moved for approve supplemental appropriation from General Fund Appropriated Reserve - in the amount of $9,700.00 to retain the firm of DKS & Assoc. to develop an expanded traffic study and traffic signal plans and specifications for the intersection of Blossom Hill Road and Camellia Terrace and Manager be authorized to sign said agreement. Mr. Hamilton seconded. Carried unanimously. SIGNING OF SHANNON ROAD KENNEDY ROAD & HICKS ROAD Presented for Council information was report from Town Engineer Zapf referring to letter received from Ray Cobb requesting a joint use sign warning vehicles on Shannon Road, Kennedy Road and Hicks Road of pedestrian and bicyclists use of the roadways. After some discussion Mrs. Benjamin moved to deny request to sign the road and inform Mr. Cobb than Town does not feel it appropriate to install signs, s that might encourage use which could add to Town liability. Town Attorney directed to review liability. Mr. Hamilton seconded. Carried unanimously. YOUTH CENTER Mrs. Benjamin reported on meetings that have been held by group from the community that is interested in the possibility of creating a Youth Center. Town Manager spoke on research that has been made and different alternatives, and will be bringing a recommendation to Council in the near future. Mr. Carlson suggested this be referred to Youth Advisory Commission. It was noted the Commission has been active in the meetings and other Commissions and Organization should be informed of the various meetings on this. HOMELESS Vice-Mayor Carlson stated he has been questioned as to whether Council had taken any action re San Jose's denial or refusal to fund a homeless center and requests that this be referred to Community Services for report as to whether there is any impact of this on Los Gatos. ADJOURNMENT Mrs. Benjamin moved meeting be adjourned at 8:45 p.m. Mr. Ferrito seconded. Carried unanimously. ATTEST: Rose E. Aldag Town Clerk