M 11-20-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 20, 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, November 20, 1995, in regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Linda Lubeck and Mayor Patrick O'Laughlin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor O'Laughlin announced that Closed Session was not held this evening.
TOWN EMPLOYEE/RANDY VILLATA/COMMENDATION (ZZ.44)
Mayor O'Laughlin presented a commendation to Randy Villata for his fifteen years of service in the
police department of the Town of Los Gatos. Mr. Villata accepted the commendation and thanked the
Mayor for the opportunity to serve.
PLANNING COMMISSIONER/ALLEN RUDOLPH/COMMENDATION (ZZZ.20)
Mayor O'Laughlin noted that Mr. Rudolph was unable to be present for his commendation due to
illness. Mr. Rudolph will receive his commendation at a later date.
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (00.06)
Mayor O'Laughlin presented the award for Excellence in Financial Reporting to Michele Braucht,
Town Finance Director, in recognition of her professional work on the Annual Financial Report of
June 30, 1994.
MAYOR'S OUTGOING COMMENTS (000.10)
Mayor O'Laughlin noted the dedication and cooperation of staff, Council and community on the
financial forums which were held to consider the Town's financial well being. These dialogues led to
discussions and consideration of the adoption of a utility tax and became educational and informative
exercises for everyone involved. The severe financial restraints faced by the Town were reviewed and
a variety of solutions were offered for solving these problems. The Police Department contract with
Monte Sereno being one of the many financial avenues explored and initiated in the spirit of financial
security and conservative resource management.
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APPOINTMENT OF MAYOR AND VICE MAYOR FOR 1996 (000.10)
Mayor O'Laughlin nominated Joanne Benjamin to be Mayor for the coming year, seconded by Steven
Blanton. Mrs. Benjamin declined and nominated Randy Attaway for Mayor, seconded by Linda
Lubeck. Mr. Attaway said he would accept the nomination if Mrs. Benjamin would be the Vice-
Mayor. The previous nomination was withdrawn by Mr. O'Laughlin.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Randy Attaway be Mayor for the year
1996 and Mrs. Benjamin be the Vice-Mayor. Carried unanimously.
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
661 10 Eagle Crest Heights Dotter Building Site/Design Review
Approval/One Condition
6138 16731 Loma Ave. Lewis Variance Approval/One
Recommendation
5814 S. Side Bear Creek Rd. Denevi Draft EIR Review None Required
Carried unanimously.
PAYROLL/RATIFICATION/OCTOBER-NOVEMBER 1995 (03.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the check register for the
payroll of October 22, through November 4, 1995, in the amount of $280,857.64, paid on November
10, 1995. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1995 (04.V)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 3, and November 10, 1995 in the amount of
$382,933.95. Carried unanimously.
TREASURER'S REPORT/SEPTEMBER 1995 (05.V)
Informational report from the Town Treasurer as of September 30, 1995 was received and filed.
SMYTHE EUROPEAN GRANT ALLOCATION/COMMUNITY GRANT RECIPIENTS (06.19)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council allocate $3,000 of the Smythe
European Grant to the following Community Grant Recipients: Santa Clara County Senior Nutrition
Program ($500); San Jose State University Foundation Health Place ($500); A Place for Teens
($500); Emergency Housing Consortium ($500); Family Services Association ($500); Live Oak
Adult Day Services ($500). Carried unanimously.
RENT MEDIATION PROGRAM/1994-95 (07.14)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept informational report
regarding 1994-95 Rent Mediation Program. Carried unanimously.
LOS GATOS BOULEVARD/CONCEPTUAL DESIGN/GENERAL PLAN COMMITTEE (08.47)
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Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council approve transfer of $400.00 from
Account 100-36010 to Account 3150-61004 for Wildan Associates to prepare an operational analysis
of the Los Gatos Boulevard conceptual design plan. Carried unanimously.
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FAMILY SERVICES ASSOCIATION/COMMUNITY SERVICE/RESOLUTION 1995-154 (10.19)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-154
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LEASE
AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS AND FAMILY SERVICE
ASSOCIATION, INC., REPRESENTING THE LOS GATOS DOWNTOWN
NEIGHBORHOOD CENTER, and amending Community Services Department budget for the year
1995-96. Carried unanimously.
9514 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1995-155 (11.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-155
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE CARE EXPERTS TO
COMPLETE PROJECT 9514 - TREE PRUNING AND REMOVAL. Carried unanimously.
LANDSCAPING/LARK & WINCHESTER/PROJECT 473CH185/RESOLUTION 1995-156 (12.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-156
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 473CH185 LARK AVE. AND WINCHESTER BLVD.
LANDSCAPING - PHASE 1. Carried unanimously.
SIGNAL MAINTENANCE SERVICES/PEEK TRAFFIC CO/RESOLUTION 1995-157 (13.28)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-157
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AGREEMENT WITH PEEK TRAFFIC COMPANY FOR
SIGNAL MAINTENANCE SERVICES. Carried unanimously.
VEHICLE IMMOBILIZER/POLICE DEPARTMENT (14.09)
This item was removed from the agenda.
CUPOLA RESTORATION/9503 PROJECT/OAK MEADOW/RESOLUTION 1995-158 (15.35)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-158
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AGREEMENT WITH CAREY & CO., INC. FOR CONSULTING
SERVICES ON LYNDON CUPOLA RESTORATION PROJECT 9503 (475CUPOK) AT OAK
MEADOW PARK. Carried by a vote of 4 ayes. Mrs. Benjamin voted no because the project was
$3,800 over the $50,000 budgeted grant funding.
LOS GATOS BOULEVARD 15553/D'AMICO TIRE SERVICE COMPANY
PAINT BOOTH APPEAL/RESOLUTION 1995-159 (16.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-159
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION DECISION APPROVING A REQUEST TO OPERATE
AUTOMOBILE RELATED SERVICES INCLUDING RETAIL TIRE SALES AND SERVICE,
BODY WORK, GENERAL AUTOMOTIVE REPAIR, AND AUTOMOBILE PAINTING AND
DETAILING WITHIN AN EXISTING AUTOMOBILE SERVICE FACILITY IN THE CH
ZONE. Carried unanimously.
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LOS GATOS BOULEVARD 15166/OFFICE DEPOT/RESOLUTION 1995-160 (17.09)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-160
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION APPROVING PLANS TO DEMOLISH AN
EXISTING COMMERCIAL STRUCTURE AND TO CONSTRUCT AN APPROXIMATELY
28,000 SQUARE FOOT RETAIL STORE IN THE CH ZONE. Carried unanimously.
VERBAL COMMUNICATIONS
Thank You to Outgoing Mayor:
Mardi Bennett, 38 Alpine, thanked Pat O'Laughlin for his work as the Mayor this past year.
BELOW MARKET PRICE/IN-LIEU FEES/RESIDENTIAL UNITS (18.47)
Mayor Attaway stated that this was the time and place duly noted to consider report on Los Gatos
Estates, Incorporated's request to use required below market price in-lieu fees to construct below
market price residential units, which was received and filed.
William Hirschman, 230 Old Blossom Hill Road, spoke of a mixed use project on Los Gatos
Boulevard at the corner of Shannon in which a greater number of BMP units might be made available.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council direct staff to place the subject of
Below Market Price Units Program on the agenda for discussion at the Council Workshop January 6,
1996. Carried unanimously.
BUILDING REGULATIONS/TOWN CODE AMENDMENT/ORDINANCE INTRODUCTION
(19.28)
Mayor Attaway stated that this was the time and place duly noted to consider introducing ordinance
rescinding, amending and adding to the Code of the Town of Los Gatos, Chapter 6 -Building
Regulations.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
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.
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MILLENNIUM CELEBRATION/DECEMBER 31, 1999/COMMUNITY FOUNDATION (20.23)
Mayor Attaway stated that this was the time and place duly noted to consider proposal by the Los
Gatos Community Foundation, Incorporated to sponsor the "Millennium Celebration December 31,
1999."
MarLyn Rasmussen, 119 Tait, spoke of the need to initiate the making of provisional plans for the
Millennium Celebration. Contracts for locations and equipment need to be placed shortly because
many other similar events will be taking place across the valley and the resources will be already
spoken for.
Council consensus that the Foundation return to Council with annual reports on the Millennium
Celebration plans; that the reports occur more often as the time of the celebration draws nearer; that
Council recognize the ability of the Foundation to garner corporate backing and community support
by acquiring Council's support for the concept at this time.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept the proposal by the Los
Gatos Community Foundation, Inc., to sponsor the "Millennium Celebration" December 31, 1999.
Carried unanimously.
UTILITY USERS TAX/SPECIAL ELECTION/RESO 1995-161/ORDINANCE INTRO (21.21)
Mayor Attaway stated that this was the time and place duly noted to consider Utility Users Tax, call
for special election, introduction of ordinance and budget amendment for election costs.
Robin Tolen, speaker representing the Los Gatos Chamber of Commerce, thanked the Town for
support in the reorganization of the Chamber, and spoke in full support of the Utility Tax as proposed
with the five year sunset clause.
Council Comments:
Pat O'Laughlin noted the time involved by the community in public forums and the conclusion
reached to initiate a utility tax with a sunset clause. Due to judicial opinion the tax will need to go
before the public for a vote. The Presidential Primary, March 26, 1996, appears to be the most logical
time to place the measure on the ballot for public decision. Steve Blanton noted that although he
does not support the utility tax he does support the decision to place it on a ballot for a vote of the
people and agrees with the March Primary choice of election dates. Randy Attaway regarding the
immediate need of placing the question of the utility tax on the ballot, noting the years of cut backs the
Town has managed successfully and the community's desire to have services cut no further. Joanne
Benjamin spoke of the Town's infrastructure needing complete restoration. The Town has deferred
maintenance to the point that repair will no longer suffice and a more expensive replacement will be
required.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1995-161
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CALLING A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN THE TOWN ON MARCH 26, 1996; ORDERING
THE SUBMISSION OF A MEASURE REGARDING A UTILITY USERS TAX TO THE
VOTERS REGARDING THE UTILITY USERS TAX; REQUESTING THE SERVICES OF
THE COUNTY REGISTRAR OF VOTERS; REQUESTING THE COUNTY BOARD OF
SUPERVISORS TO PERMIT CONSOLIDATION OF THE SPECIAL MUNICIPAL
ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION; SPECIFYING
CERTAIN PROCEDURES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL
ELECTION; AND PROVIDING FOR GIVING NOTICE OF THE SPECIAL MUNICIPAL
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ELECTION. Carried unanimously.
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UTILITY USERS TAX CONTINUED
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance
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. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that the ballot argument statement be drafted
by Mr. O'Laughlin because of his legal experience as an attorney and by Mrs. Lubeck because of her
financial experience as an accountant. (This argument to be ready for submittal to the Registrar of
Voters by January 5, 1996.) Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council amend the 1995-96 operating
budget to include $7,500 for election expenses. Carried unanimously.
DEVELOPMENT APPLICATION FEES/MARDI & CARL BENNETT (09.05)
Mardi Bennett, 38 Alpine, explained the history of her application and requested a waiver of fees.
She felt that the FAR formula had not been applied correctly to her property.
Benjamin Gardarian, 103 Cedarcrest, architect and realtor, representing the Bennetts, asked for
waiver of fees and removal of restriction.
Council consensus that the mechanism for the application on this property is already in place to move
forward for approval, with the possibility of going to the Planning Commission. That Council will
deny request for waiver of development application fees.
TOWN COUNCIL MEETING SCHEDULE/1995-96 (22.10)
Council consensus to have staff request a change of date for hearings of one of the appeal applicants,
from December 18, 1995 to January 16, 1996. Staff will contact 15294 Kennedy Road, regarding
tennis court first; and 16330 Los Gatos Boulevard, Calvary Baptist Church construction second; for
their written consent to changed hearing schedule. That the interviews scheduled for December 18,
1995 be moved to January 16, 1996.
Council consensus to incorporate the January 8, 1996 Strategic Plan Study Session with the January
6, 1996 Council Goals Workshop and hold that meeting January 6, 1996 at Service Center conference
room. That the Study Sessions of March 25 and April 22 be combined to April 22, 1996 and run from
6 p.m. to 10 p.m. if staff is able to work those reports together. That the Budget Hearings of May 28
and May 29 be incorporated into one meeting and run from 6 p.m. to 10 p.m.
COUNCIL COMMITTEES (23.20)
Mayor Attaway noted that there were no Council committee reports this evening.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that this evening's meeting be adjourned at 9:38
p.m. Carried unanimously.
ATTEST:
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Marian V. Cosgrove, Town Clerk
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