M 03-04-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 4, 1996
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, March 4, 1996, 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
Mayor Attaway announced that Council did not meet in Closed Session this evening.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1996 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on February 12, 16, and 23, 1996 in the amount of
$425,599.85. Carried unanimously.
MINUTES OF FEBRUARY 20, 1996 (05A.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of February
20, 1996 as submitted. Carried unanimously.
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Los Gatos, California
MINUTES OF FEBRUARY 24, 1996 (05B.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of February
24, 1996 as submitted. Carried unanimously.
AMICUS BRIEF/CITY OF ALHAMBRA V IKEMOTO (06.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve continued amicus
participation in City of Alhambra vs. Ikemoto on appeal, at no cost to the Town. Carried unanimously.
CAMINO DEL CERRO 16035/ACCESS TO LOT/RESOLUTION 1996-23 (07.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-23
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REQUEST FOR
MODIFICATION TO A CONDITION OF APPROVAL OF A CERTIFICATE OF
COMPLIANCE GRANTED FOR PROPERTY IN THE HR-1 ZONE TO REMOVE THE
REQUIREMENT THAT ACCESS TO THE LOT BE DIRECTLY FROM THE STREET
FRONTAGE AND NOT CROSS OTHER LAND:SUBDIVISION APPLICATION M-95-4.
Carried unanimously.
UNIVERSITY AVE 565/BOCCE BALL COURT/RESOLUTION 1996-24 (08A.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-24
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF
PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE ZONING
CODE TO PERMIT COMMERCIAL RECREATION IN THE LM ZONE, FOR PERMISSION
TO OPERATE A BOCCE BALL FACILITY AND FOR PERMISSION TO REHABILITATE
AND RECONSTRUCT AN EXISTING INDUSTRIAL BUILDING IN THE LM ZONE, WITH
CONDITIONS: ZONING ORDINANCE AMENDMENT A-95-2; CONDITIONAL USE
PERMIT APPLICATION U-95-26; ARCHITECTURE AND SITE APPLICATION S-95-73.
Carried unanimously.
UNIVERSITY AVE 565/BOCCE BALL COURT/RESTAURANT/ORDINANCE 2011 (08B.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 2011 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE
CONCERNING THE CATEGORIES OF OUTDOOR ENTERTAINMENT USES
PERMITTED IN VARIOUS ZONES WITH A CONDITIONAL USE PERMIT. Carried
unanimously.
LOS GATOS BOULEVARD 15643/SPEEDEE OIL CHANGE/ORDINANCE 2012 (09.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 2012 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP #127
FROM C-1 TO CH FOR THE PROPERTY LOCATED AT 15643 LOS GATOS BOULEVARD.
Carried unanimously.
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VERBAL COMMUNICATIONS
Town Finances:
Egon Jensen, 182 Lester Lane, spoke concerning the finances of the Town. He questioned some
expenditures during the last six months and pointed out some concerns regarding the deferred
compensation package of the employees.
HEARINGS
KENNEDY ROAD 15294/TENNIS COURT/APPEAL (10.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of a Planning Commission decision approving grading plans for the construction of a tennis court with
lighting on property in the RC zone. Architecture and Site Application S-95-43. Property located at
15294 Kennedy Road. Property Owner: T.W. Ireland. Appellant: Joseph Rodgers.
Mr. O'Laughlin and Mr. Blanton spoke to record in disapproval of lighted tennis courts in the
hillsides.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council grant both the appellant's and
applicant's requests to withdraw their appeals and approve the suggested modification to condition 4
to permit the tennis court to be either green or grey, and refer to the Town Attorney for resolution
which will return on consent calendar March 18, 1996.
CABLE TELEVISION/FRANCHISE TRANSFER/BRENMORE CABLE TO TCI/HEARING
(11.25)
DBA/SOUTHBAY CABLEVISION/RESOLUTION 1996-25
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
proposed transfer of a cable television franchise from Brenmore Cable Partners, L.P. dba South Bay
Cablevision to TCI of Cleveland, Inc.
Jim Piper, Assistant Town Manager, noted that this action would give conditional approval contingent
upon the approval of all other South Bay Cities consenting to this transfer. He spoke to the Guaranty
from TCI Development Corporation as being the highest Corporate Guaranty which the Town could
obtain to ensure all provisions of the Franchise, the existing Franchise Ordinance and the Assumption
Agreement will be fulfilled. He noted the two separate accounts held by TCI for claims. The Late
Charges account is $1,000,000, to provide refunds for the late charges on accounts, and the Over
Charges account is $160,000, to provide for overcharging on equipment installation.
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CABLE TELEVISION/FRANCHISE TRANSFER/CONT.
The following person from the audience spoke to this issue:
Richard Patch, Attorney in San Francisco, representing both parties in the transfer, spoke of the
technical information changes in the broadcasting media and how TCI plans to develop in the Bay
Area.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-25 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A PROPOSED TRANSFER
OF A CABLE TELEVISION FRANCHISE FROM BRENMORE CABLE PARTNERS, L.P.
DBA SOUTH BAY CABLEVISION TO TCI OF CLEVELAND, INC. AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE A FRANCHISE ASSUMPTION AGREEMENT AND
GUARANTY AGREEMENT WITH RESPECT TO SUCH TRANSFER, noting that attachment
2, the resolution, needs to change the date to today's date. Carried unanimously. Carried
unanimously.
COUNCIL COMMITTEE REPORTS (12.20)
Council did not speak on this item.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that this evening's meeting be adjourned at 8:05
p.m. Carried unanimously.
ATTEST:
Cathleen Bruhn
Deputy Town Clerk
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