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.