M 12-04-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 4, 1995
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the
Town Hall, 110 East Main Street, at 7:35 p.m., Monday, December 4, 1995, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Randy Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson announced that Council had met in Closed Session prior to this evening's meeting to
discuss a matter of anticipated litigation in which the plaintiffs may not be aware.
PLANNING COMMISSIONER/ALLEN RUDOLPH/COMMENDATION (XX.20)
Mayor Attaway presented a commendation from the Town to Allen Rudolph enumerating his many
contributions during his years of service on the Planning Commission. Mr. Rudolph accepted his
commendation and thanked the Council and Town for the opportunity to serve.
SENIOR DEPUTY TOWN CLERK/MARLYN RASMUSSEN, CMC/PRESENTATION (XXX.44)
Mayor Attaway presented the Certified Municipal Clerk's certificate to MarLyn Rasmussen, Senior
Deputy Clerk of Los Gatos. Mrs. Rasmussen received her certificate and thanked Council and staff
for their help and support as she worked toward this goal.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept staff recommendations on
County Referrals as follows:
REF. #LOCATION APPLICANT REQUEST
RECOMMENDATION
6178 17311 Hicks Road Iyer Building Site Approval
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
TC:D7:MM120495
filed.
TC:D7:MM120495
December 4, 1995
Los Gatos, California
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL/RATIFICATION/NOVEMBER 1995 (05.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check register for the
payroll of November 5 through November 18, 1995, in the amount of $307,940.43 paid on November
22, 1995. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1995 (06.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 17, and November 22, 1995 in the amount
of $318,170.51. Carried unanimously.
MINUTES OF NOVEMBER 20, 1995 (07A.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of
November 20, 1995 as submitted. Carried unanimously.
MINUTES OF NOVEMBER 27, 1995 (07B.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve the Minutes of
November 27, 1995 as submitted. Carried unanimously.
CLAIM REJECTION/BRUCE WEINSTEIN (08.01)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council reject claim of Bruce Weinstein
for alleged damage to personal property occurring on September 8, 1995. Carried unanimously.
SCHOOL CROSSING GUARDS/ALL CITY MANAGEMENT/RESOLUTION 1995-162 (10.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-162
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES INC., FOR CROSSING GUARD SERVICES, and the changes from 3,000 hrs to 2,400
hrs. Carried unanimously.
SANTA ROSA HEIGHTS/LANDSCAPE & LIGHTING DISTRICT/RESOLUTION 1995-163
(12.28)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-163
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDINGS TO
ANNEX THE SANTA ROSA HEIGHTS OPEN SPACE MAINTENANCE DISTRICT INTO
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1, DESIGNATING IT AS
SANTA ROSA HEIGHTS BENEFIT ZONE, AND DIRECTING PREPARATION OF AN
ENGINEERING REPORT. Carried unanimously.
TC:D7:MM120495
December 4, 1995
Los Gatos, California
VASONA HILLS SUBDIVISION/300 BLOSSOM HILL ROAD/TRACT 8280
LANDSCAPE & LIGHTING DISTRICT/VASONA HEIGHTS BENEFIT ZONE
OPEN SPACE MAINTENANCE DISTRICT/RESOLUTION 1995-164 (13.28)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-164
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDINGS TO
ANNEX THE OPEN SPACE MAINTENANCE DISTRICT WITHIN TRACT 8280, VASONA
HILLS SUBDIVISION, 300 BLOSSOM HILL ROAD, INTO LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT #1, DESIGNATING IT AS VASONA HEIGHTS
BENEFIT ZONE, ESTABLISHING A POLICY ON CAPITAL REPLACEMENT AND
CREDIT FOR PREEXISTING FUNDS IN OPEN SPACE MAINTENANCE DISTRICT #3,
AND DIRECTING PREPARATION OF AN ENGINEERING REPORT. Carried unanimously.
UTILITY USERS TAX/SUSPENDED UNTIL APPROVED BY VOTERS/ORDINANCE 2007 (14.05)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Ordinance 2007 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS SUSPENDING OPERATION OF ARTICLE
V, CHAPTER 25 (UTILITY USERS TAX) OF THE TOWN CODE AND AMENDING
CHAPTER 25 TO PROVIDE THE ADMINISTRATIVE FRAMEWORK FOR A UTILITY
USERS TAX IF APPROVED BY THE VOTERS OF THE TOWN, which was introduced at the
Town Council meeting on November 20, 1995. Carried unanimously.
HEARINGS
LOS GATOS BOULEVARD 16268/COMMERCIAL MODIFICATION/APPEAL (15.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of the Planning Commission's decision to approve the request to add a sunroom, gazebo and retail-
restaurant use. Applicant requests to modify the approved hours of operation for the ice cream shop
on property in the C-1 zone located at 16268 Los Gatos Boulevard. Conditional Use Permit
Application U-94-7. Architecture and Site Application S-76-57A. Property Owners: Chan and
Winnie Ng.
The following people from the audience spoke to this issue:
Chan Ng, owner of the property, spoke of his concerns and expectations for the property.
Marlon Smith, 125 Lansberry Court, spoke for his father and owner of the neighboring 7-11 property,
and the problems involving parking.
Winnie Ng, 16268 Los Gatos Boulevard, asked Council's consideration of the proposal.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, to refer this item back to the Planning
Commission for consideration of the hours of use and the election of use; and a comprehensive
landscaping plan which takes into consideration the concepts of the Los Gatos Boulevard design
charette. Carried unanimously.
TC:D7:MM120495
December 4, 1995
Los Gatos, California
HEARINGS CONTINUED
WEED ABATEMENT/RESOLUTION 1995-165/HEARING (16.27)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider the
adoption of a resolution overruling objections and ordering abatement of weeds.
There was no one from the audience to speak on this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote
of 4 ayes. Mrs. Lubeck was absent.
Motion by Mrs. Benjamin, seconded by Mr. Blanton,that Council adopt Resolution 1995-165
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS
AND ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried by a vote of
4 ayes. Mrs. Lubeck was absent.
BUILDING REGULATIONS/TOWN CODE AMENDMENT/ORDINANCE 2008/HEARING (17.28)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adoption of Ordinance rescinding, amending and adding to the Code of the Town of Los Gatos,
Chapter 6 - Building Regulations.
There was no one from the audience to address this issue.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Ordinance 2008 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLES III THROUGH X
OF CHAPTER 6 OF THE TOWN OF LOS GATOS TOWN CODE RELATED TO BUILDING
REGULATIONS AND TO ADOPT THE 1994 CALIFORNIA STATE BUILDING
STANDARDS REGULATIONS WITH THE 1995 CALIFORNIA STATE BUILDING
STANDARDS REGULATIONS WITH THE 1995 STATE OF CALIFORNIA AMENDMENTS
AND TOWN AMENDMENTS (UNIFORM BUILDING CODE, UNIFORM HOUSING CODE,
UNIFORM PLUMBING CODE, NATIONAL ELECTRICAL CODE, UNIFORM CODE FOR
ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM MECHANICAL CODE, AND
UNIFORM CODE FOR BUILDING CONSERVATION). Carried unanimously.
JUNIOR ENGINEER/FUNDING POSITION/RESOLUTION 1995-166 (09.06)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1995-166
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE 1995-00
CAPITAL IMPROVEMENT BUDGET REDUCING THE FUNDING FOR STREET
IMPROVEMENTS AND FUNDING THE JUNIOR ENGINEER POSITION. Carried
unanimously.
TC:D7:MM120495
December 4, 1995
Los Gatos, California
VEHICLE BOOT/POLICE DEPARTMENT/RESOLUTION 1995-167 (11.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1995-167
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE POLICE
DEPARTMENT TO USE A VEHICLE BOOT. Carried unanimously.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that this evening's meeting be adjourned at
8:40 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D7:MM120495