Item 14 Staff Report Adopt Ordinance Amending the Grading Ordinance (Chapter 12) and the Storm Water Pollution Control Code (Article III of Chapter 22) to Explicitly Provide for Administrative and Enforcement InspectionsTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: OCTOBER 4, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 10/17/94
ITEM NO. /
ADOPT ORDINANCE AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND THE
STORM WATER POLLUTION CONTROL CODE (ARTICLE 111 OF CHAPTER 22) TO
EXPLICITLY PROVIDE FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS
RECOMMENDATION:
1. Adopt the attached ordinance which was introduced at the Town Council meeting of October 3, 1994.
2. Instruct the Clerk to publish the ordinance no more than 15 days after adoption.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
LEA:YFG 10/4/94 2:40 PM
C:\WPFILES\CNCLRPTS\CHAPTER I .TCR
Attachments: Ordinance
Reviewed by: Manager Clerk `1 Finance
Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND
THE STORM WATER POLLUTION CONTROL CODE
(ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE
FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
A new Section 12.40.055 is added to the Town Code to read as follows:
Sec. 12.40.055. Inspection and Right of Entry.
(a) Whenever deemed necessary to make an inspection to ensure compliance with the
requirements of this Chapter or to enforce any provision of this Chapter, or whenever the Town
Engineer, or an authorized Town officer or agent, has reasonable cause to believe that there may be
any condition upon any property or in any structure that may violate the requirements of this
Chapter, the Town Engineer, or an authorized Town officer or agent may enter such property or
structure at all reasonable times to inspect the same or to perform any duty imposed upon the Town
officer or agent by this Chapter. Should entry be refused, the officer or agent shall have recourse
to every remedy provided by law to gain entry.
(b) When a Town officer or agent has first obtained a property inspection or search warrant
or other remedy provided by law to secure entry, no person having charge, care or control of any
building or property shall fail or neglect after proper request is made as herein provided, to promptly
permit entry by the authorized officer or agents. Violation of this Subsection shall be a
misdemeanor.
SECTION II
A new Section 22.30.045 is added to the Town Code to read as follows:
Sec. 22.30.045. Inspection and Right of Entry.
(a) Whenever deemed necessary to make an inspection to ensure compliance with the
requirements of this Article or to enforce any provision of this Article, or whenever the Town officer
or agent, has reasonable cause to believe that there may be any condition upon any property or in
any structure that may violate the requirements of this Article, the authorized Town officer or agent
may enter such property or structure at all reasonable times to inspect the same or to perform any
duty imposed upon the Town officer or agent by this Article. Should entry be refused, the officer
or agent shall have recourse to every remedy provided by law to gain entry.
(b) When a Town officer or agent has first obtained a property inspection or search warrant
or other remedy provided by law to secure entry, no person having charge, care or control of any
building or property shall fail or neglect after proper request is made as herein provided, to promptly
permit entry by the authorized officer or agents. Violation of this Subsection shall be a
misdemeanor.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 3, 1994, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTION
AGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
BY
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OFFICE OF THE TOWN CLERK
) ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
ATTORNEY
10/17/94
14
STORM WATER
RESOLUTION
Number: Number: 1990
ORDINANCE
Date of Adopt: Date of Intro: 10/3/94
Date of Adopt: 10/17/94
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY.
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D 14: \OTHER\ORDRES
ORDINANCE 1990
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND
THE STORM WATER POLLUTION CONTROL CODE
(ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE
FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
A new Section 12.40.055 is added to the Town Code to read as follows:
Sec. 12.40.055. Inspection and Right of Entry.
(a) Whenever deemed necessary to make an inspection to ensure compliance with
the requirements of this Chapter or to enforce any provision of this Chapter, or whenever
the Town Engineer, or an authorized Town officer or agent, has reasonable cause to believe
that there may be any condition upon any property or in any structure that may violate the
requirements of this Chapter, the Town Engineer, or an authorized Town officer or agent
may enter such property or structure at all reasonable times to inspect the same or to
perform any duty imposed upon the Town officer or agent by this Chapter. Should entry
be refused, the officer or agent shall have recourse to every remedy provided by law to gain
entry.
(b) When a Town officer or agent has first obtained a property inspection or search
warrant or other remedy provided by law to secure entry, no person having charge, care or
control of any building or property shall fail or neglect after proper request is made as
herein provided, to promptly permit entry by the authorized officer or agents. Violation of
this Subsection shall be a misdemeanor.
SECTION II
A new Section 22.30.045 is added to the Town Code to read as follows:
Sec. 22.30.045. Inspection and Right of Entry.
(a) Whenever deemed necessary to make an inspection to ensure compliance with
the requirements of this Article or to enforce any provision of this Article, or whenever the
Town officer or agent, has reasonable cause to believe that there may be any condition upon
any property or in any structure that may violate the requirements of this Article, the
authorized Town officer or agent may enter such property or structure at all reasonable
times to inspect the same or to perform any duty imposed upon the Town officer or agent
by this Article. Should entry be refused, the officer or agent shall have recourse to every
remedy provided by law to gain entry.
(b) When a Town officer or agent has first obtained a property inspection or search
warrant or other remedy provided by law to secure entry, no person having charge, care or
control of any building or property shall fail or neglect after proper request is made as
herein provided, to promptly permit entry by the authorized officer or agents. Violation of
this Subsection shall be a misdemeanor.
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on October 3, 1994, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
October 17, 1994. Thiis ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Parick O'Laughlin, Randy
Attaway
NAYS:
ABSENT:
ABSTAIN:
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
October 17, 1994
Los Gatos, California
STORM WATER POLLUTION CONTROL/ORDINANCE 1990 (14.37)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1990
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE GRADING
ORDINANCE (CHAPTER 12) AND THE STORM WATER POLLUTION CONTROL CODE
(ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE FOR ADMINISTRATIVE AND
ENFORCEMENT INSPECTIONS. which was introduced at the Town Council meeting of
October 3, 1994. Carried unanimously.
PRESENTATION/WHOLE FOODS/5% SHARE DAY/LIBRARY GIFT (00.42)
Mayor Attaway introduced Lizette Finelli, representative of Whole Foods Market. Ms Finelli
was pleased to present a check to the Library from the 5% Share Day recently held at Whole
Foods. She said the Market was delighted to contribute to our community
VERBAL COMMUNICATION:
Belgatos Park;
Debbie Gary, 329 Westhill, spoke of the work done by the Friends of Belgatos Park, the Park
Commission, the Trails and Bikeways Committee, local Service Clubs and local Boy Scout
Troops, and requested Council put the subject of funding the refurbishing of Belgatos Park
Playground on the November 7, 1994 Council Agenda. Council agreed to this request.
HEARINGS
151 N SANTA CRUZ AVE/RESTAURANT/OUTDOOR BAR/APPEAL (15.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision to deny request to modify existing approvals granted
to operate a restaurant to allow a separate bar and outdoor dining on property in the C-2 zone.
Conditional Use Permit Application U-94-12. Property loci -ion: 15 1 N. Santa Cruz Ave.
Property Owner: Bacigalupi Family. Applicant: Mark Hacker.
The following people from the audience spoke to this issue:
Mark Hacker, 14298 Sumner Drive, Saratoga, requested consideration of his business plan as
it relates to present Council policy regarding alcohol service and outdoor dining.
Mayor Attaway, spoke for the record at this time, stating that Mr. Hacker should be extremely
careful and diligent in upholding the needs of the residential neighborhood in relation to the
noise which the outdoor dinning will generate. He must be aware that his financial investment
in the exterior seating area will be at risk if the neighborhood finds the noise a problem in the
evening hours.
Randy Reedy, 19 N. Santa Cruz Ave., representing the applicant and owners requested careful
consideration of the business plan and project. He noted the historic significance of the building
and the number of years it has been a restaurant which served alcohol with meals. He
committed the applicant to a review of the operating conditions in six months.
V. F. VanDalsem, 18831 Blythswood Drive, read the addendum to the lease agreement with the
tenant into the record. This addendum addressed changes in the floor plan or food preparation
areas and the ability of the lessor to consider and agree to any sale or transfer over 50% or
more of the business.
TC:D6:MM101794
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