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M 04-20-82TOWN COUNCIL MEETING APRIL 20, 1982 TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Council Chambers of the Town Hall at 7:30 p.m., in continued regular session. ROLL CALL PRESENT: Thomas J. Ferrito, Marlyn J. Rasmussen, Brent N. Ventura and Mayor Peter W. Siemens. ABSENT; Ruth Cannon. REZONING ALBERTO WAY Mayor Siemens stated this was the time and place duly published for public hearing on the request to rezone a 5.12. acre parcel from R-1:40,000 to R-1:20,000 and O-PD. Discussion was held on the amount of traffic this would generate and referred to ratio of trips per day. Alan Lambert, spoke on the project, stating he has worked with all property owners and has tried to serve the needs of everyone. Oscar Sohns, Architect for the project, spoke on the design and placement of buildings on the lot so as to protect the existing trees. Mrs. Roberta Blake spoke in support of this development. Dexter Algrin, Civil Engineer for the project, spoke on the analysis of traffic that would be generated by the said project. Mr. Coyner, representing the Los Gatos Commons, stated they feel the project is preferable over high density housing but concerned about the traffic it will generate referring to the deed restriction item in ordinance and asked Council's consideration on this so as to control heavy traffic. Mr. Coyner also questioned the uses allowed under 4.52.020. Mr. Frank Treseder spoke in favor of the project. There being no one else wishing to speak on this issue, Mr. Ferrito moved hearing be closed. Mr. Ventura seconded. Unanimously carried. Discussion was held on ordinance as proposed and changes were made re deed restrictions, width of easement for fire hydrants, permitted uses and no further subdivision of Brunetto and Kelly property. Mr. Ventura moved Council make the negative declaration. Mrs. Rasmussen seconded. Unanimously carried. Mrs. Rasmussen moved to waive reading of AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AFFECTING ZONE CHANGE NO. Z-81-12 FROM R-1:40 TO R-1:20 AND O-PD. Mr. Ventura seconded. Unanimously carried. Town Attorney read title. Mrs. Rasmussen moved Ordinance, as amended, be introduced. Mr. Ventura seconded. Unanimously carried. RECESS Mayor Siemens declared a recess. Meeting reconvened at 9:50 p.m. REZONING PROPERTY ON BEAN AVENUE SHOEMAKE-EPPS Mayor Siemens stated this was the time and place duly published for public hearing to consider zone change application from RM:5-12-LHP-LHP to RM:5-12-LHP-PD and approval of an 8 lot subdivision for 2.12 acres of property located at the westerly terminus of Bean Avenue in order to construct an 8 unit residential condominium development. Mr. Frank T. Lewis, representing Mr. Hoemake, spoke on the project. There being no one else wishing to speak on this issue, Mr. Ferrito moved public hearing be closed. Mr. Ventura seconded. Unanimously carried. Mr. Ferrito moved Council make the negative declaration. Mr. Ventura seconded. Unanimously carried. Mr. Ferrito moved reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. FROM RM:5-12-LHP-LHP TO RM:5-12-LHP-PD. Mrs. Rasmussen seconded. Unanimously carried. Town Attorney read title. Mr. Ferrito moved Ordinance be introduced. Mr. Ventura seconded. Unanimously carried. CLERK AND TREASURER COMPENSATION Due to an amendment in the Ordinance that had been introduced at the last meeting it is necessary to reintroduce said Ordinance. No reading will be necessary. Mrs. Rasmussen moved for introduction of ORDINANCE OF THE TOWN OF LOS GATOS PRESCRIBING THE METHOD FOR DETERMINING THE COMPENSATION OF THE TOWN CLERK AND TOWN TREASURER. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Ventura voting no. BINDING RESOLUTION FOR MEASURE'S "F" AND "G" FOR JUNE ELECTION Mr. Ferrito moved for adoption of Resolution No. 1982-83 entitled, RESOLUTION COMMITTING THE TOWN COUNCIL TO ABIDE BY THE DECISION OF THE VOTERS ON MEASURE G ON THE JUNE 8, 1982 BALLOT. Mr. Ventura seconded. Unanimously carried. ELECTION OF MAYOR AND VICE-MAYOR After some discussion, Mr. Siemens moved to direct the Town Attorney to draft an ordinance establishing procedures for electing a Mayor and Vice-Mayor. Mr. Ferrito seconded. Unanimously carried. VADAS AGREEMENT IN PARKING LOT 4A Discussion was held on whether this should be allowed as Council had denied the use of the SP right-of-way once before. Also Council questioned as to whether this property should be zoned RD. Mrs. Rasmussen moved for adoption of the Resolution. Mr. Siemens seconded. Motion fails on two to two vote. Mr. Ventura and Mr. Ferrito voting no. Mrs Rasmussen moved this matter be continued to next meeting to allow for full Council attendance. Mr. Ventura seconded. Unanimously carried. PARKING BAN ON N. SANTA CRUZ AVENUE Mr. Ventura moved Council re-establish the parking ban on N. Santa Cruz Avenue on Sunday afternoons between 2:00 p.m. and 7:p.m. and authorize the Attorney to prepare a resolution. Mrs. Rasmussen seconded. Carried by a vote of three ayes. Mr. Siemens voting no. DOWNTOWN TRUCK ROUTE Discussion was held re prohibiting trucks over 6,000 lbs maximum gross weight from S. Santa Cruz Avenue and designating Main Street, east of Santa Cruz Avenue and Los Gatos Boulevard as truck routes. Mr. Ferrito asked for more detailed report before any action is taken. No action taken at this time. BECKWITH BLOCK HISTORIC PLACE Mr. Ferrito moved Council accept the recommended action and Council support the nomination of the Beckwith Block to the National Register of Historic Places. Mrs. Rasmussen seconded. Unanimously carried. MODIFICATION FOSTER ROAD AND SUND DRIVE John Hanna, representing Tom Ward, requested an extension of time before any decision is made on this matter. Mrs. Rasmussen moved this issue be continued for 2 weeks to allow Council to make a field trip to inspect the situation. Mr. Ventura seconded. Unanimously carried. Field trip scheduled for April 26, 1982 at 5:p.m. Interested persons will meet at the intersection of Foster and Tourney Roads. ZONING OF CONVENIENCE MARKETS Mr. Ventura moved for adoption of Ordinance No. 1531 entitled, ORDINANCE AMENDING THE TOWN ZONING ORDINANCE TO (1) DEFINE "CONVENIENCE MARKET" AND (2) ADD A CONVENIENCE MARKET AS A CONDITIONAL USE IN THE C-1, C-2 AND CH ZONES. Mr, Ferrito seconded. Unanimously carried. ZONING AMENDMENT CONDITIONAL USE AMORTIZATION PERIOD Mr. Ventura moved for adoption of Ordinance No. 1532 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 3.50.05 OF THE TOWN ZONING ORDINANCE TO ADD SUB-PARAGRAPH (5), ALLOWING THE PLANNING COMMISSION TO ESTABLISH AN APPROPRIATE AMORTIZATION PERIOD AS ONE OF THE CONDITIONS OF A USE PERMIT. Mr. Ferrito seconded. Unanimously carried. LOS GATOS DATSUN-VOLVO COMPLAINT The Town Manager referred Council to staff report concerning complaints of neighbors re noise and other possible violations of Datsun-Volvo. Mr. William Justi, 15141 Lester Lane, spoke on noise from loud speakers and various alarms. Mr. Dublin also spoke on these matters and referred to a petition signed by 49 neighboring dwellers regarding the problem. After further discussion, Mr. Ferrito moved this matter be referred to the planning revocation or modification proceedings. Mr. Ventura seconded. Unanimously carried. Mrs. Martinez spoke on noise from the Valley Fair Market as well as Datsun- Volvo and stated this had been going on for some time and nothings been done. Mr. Ferrito stated he wanted to request a full staff report on how much money the Town has spent on noise meters; drafting of noise ordinance; staff report recommending noise ordinance can become more effective; how many citations have been issued under the noise ordinance; how many convictions we've gotten after those citations; would like a recommendation from Police Department on how to strengthen noise ordinance; what training standards are given to Police to enforce noise ordinance; what the Police are told to do when people have a land use issue rather than a criminal issue. Do the Police ever refer anyone to the Planning Commission? It was consensus of Council to request this report in detail to be brought back to Council in the near future. CONSTRUCTION TAX DISTRIBUTION Withdrawn from the agenda to be brought back at a later date. RULES AND PROCEDURES FOR BMP PROGRAMS Mr. Ventura moved for adoption of Resolution No. 1982-84 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM. Mr. Siemens seconded. Unanimously carried. EXTENSION OF MEETING PAST MID-NIGHT Mr. Ferrito moved meeting be continued for another 15 minutes to allow Council to finish the agenda. Mrs. Rasmussen seconded. Unanimously carried. INDUSTRIAL DEVELOPMENT BONDS Council accepted report. SUPPLEMENTAL APPROPRIATION Mr. Ventura moved Town Council authorize the transfer of $5,500, from the General Fund Appropriated Contingency to General Town Administration (Data Processing) for the purchase of Power Conditioners and Transformers: and that Town Council make the finding pursuant to Town Code Section 23-6 (c) that because of the special characteristics of the commodity to be obtained, it is advantageous to the Town to purchase by negotiated bid. Mr. Ferrito seconded. Unanimously carried. AGREEMENT WITH HAMMETT & EDISON RE TELEPROMPTER Mr. Ferrito moved to accept staff recommendation and notify Teleprompter that they will be expected to follow the corrective actions as contained in the Hammett & Edison report referenced in the staff report to Council on April 5, 1982. Mr. Ventura seconded. Unanimously carried. REPORT ON REZONE DENIAL (BROWN, HORNE AND MANUBI) State law requires the Planning Commission to submit a written report to Council on any application for change of zone. No action taken. PG&E HYDRO-ELECTRIC PLANT Mr. Siemens moved that Council go on record opposing Santa Clara takeover of the PG&E hydroelectric plant. Mr. Ventura seconded. Unanimously carried. VICTIMS RIGHTS WEEK No action taken. LOS GATOS CREEK TRAILS Mrs. Rasmussen stated that Old Town had offered the Town an easement over Old Town property on the west side of the creek between Miles Avenue and the Old Town Bridge. Mrs. Rasmussen moved that staff pursue acquiring said easement so Council could have information at the time of discussion on the Downtown Specific Plan on May 17, 1982. Mr. Ventura seconded. Unanimously carried. PAINTINGS IN COUNCIL Mayor Siemens moved to advise Cultural Resources Commission that Council is opposed to removal of paintings in the Council Chambers and would like to see the Commission to come up with a program for art distribution and display throughout the Civic Center on a rotation basis. Mrs. Rasmussen seconded. Unanimously carried. GOLDHORN CLAIM FOR DAMAGES Mayor Siemens stated in Executive Session, Council authorized the Attorney to settle the Goldhorn claim by paying said claim in the amount of $166.31. This by unanimous vote. ADJOURNMENT Meeting declared adjourned at 12:10 a.m., to Monday, April 26, 1982, at 5:00 p.m. at the intersection of Foster and Tourney Roads to conduct a field trip on the complaint re dangerous intersection at Foster and Tourney Roads.