M 03-18-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 18, 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 7:45 p.m., Monday, March 18, 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
Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section 54956.9(b)(1), Conference with Town
Attorney, to discuss Pending Litigation against the Town regarding Application of Larry Strom,
Worker's Compensation Proceeding #SJO 162604, 157238, 157237. Possible settlement of this matter
was discussed by Council.
BOARD OF APPEALS/APPOINTMENTS (00.20)
Mayor Attaway announced that two applications from Stephen Gorman, and Edward Meserve had
been received for one vacancy on the Board of Appeals. Voting was held and Mr. Meserve was
reappointed to term ending January 1, 1998.
COMMUNITY SERVICES COMMISSION/APPOINTMENTS (000.20)
Mayor Attaway announced that two applications had been received from Seth Lehrman and John
Wibel for three vacancies on the Community Services Commission. Voting was held and Mr. Lehrman
and Mr. Wibel were appointed for terms expiring January 1, 1999 and 1998.
LIBRARY BOARD/APPOINTMENT (XX.20)
Mayor Attaway announced that two applications had been received from Peter Hendrickson and Dale
Hill for one vacancy on the Library Board. Council asked to continue this item for Mrs. Hill to have
the opportunity to be interviewed.
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PARK COMMISSION/APPOINTMENTS (XXX.20)
Mayor Attaway announced that five applications had been received from Debbie Grey, April Maiten,
Sherrie Richter, John Wibel and William York for two vacancies on the Park Commission. Voting was
held and Mrs. Grey and Mrs. Maiten were appointed to terms ending April 1, 2000.
PRESENTATION/PARKING COMMISSION (ZZ.20)
Mayor Attaway presented a commendation from the Town to Theodore L. Hebert and thanked him for
his years of service on the Parking Commission.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/FEBRUARY 1996 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of February 11 through February 24, 1996 paid on March 1, 1996 in the amount of
$295,088.35. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MARCH 1996 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on March 1 and March 8, 1996 in the amount of
$336,046.63. Carried unanimously.
MINUTES OF MARCH 4, 1996 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council approve the Minutes of March
4, 1996 as submitted. Carried unanimously.
TREE CITY USA/16TH ANNUAL AWARD/NATIONAL ARBOR DAY FOUNDATION (05.23)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council accept the report designating
the Town of Los Gatos "Tree City U.S.A." Carried unanimously.
9524 PROJECT/TREE PRUNING/CORPORATE & COMMERCIAL/RESOLUTION 1996-26
(06.28)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council award BID for Project 9524 -
Tree Pruning to Corporate and Commercial Services, Inc. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-26
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH CORPORATE AND COMMERCIAL
SERVICES, INC. TO COMPLETE PROJECT 9524 TREE PRUNING. Carried unanimously.
COMPUTER SERVICES/SIERRA COMPUTER SYSTEMS (07.28)
This item was removed from the agenda.
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KENNEDY ROAD 15294/TENNIS COURT/APPEAL/RESOLUTION 1996-27 (08.09)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-27
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING WITHDRAWAL OF
APPEALS OF A PLANNING COMMISSION DECISION AND GRANTING APPEAL OF
TENNIS COURT COLOR CONDITION, AND APPROVING GRADING PLANS FOR THE
CONSTRUCTION OF A TENNIS COURT ON PROPERTY IN THE RC ZONE:
ARCHITECTURE AND SITE APPLICATION S-95-43. Carried unanimously.
HEARINGS
VASONA HEIGHTS BENEFIT ZONE/LANDSCAPING AND LIGHTING DISTRICT #1 (09.14)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting ordinance for dissolution of Open Space Maintenance District #3; and adopting resolution to
annex the Vasona Heights Open Space areas into Landscaping & Lighting District #1, designate it
Vasona Heights Benefit Zone, establish a policy on capital replacement and credit for preexisting
funds in Open Space Maintenance District #3, and adopting Fiscal Year 1996-1997 assessment; and
consider accepting revised engineer's report on fiscal year 1996-1997 cost.
The following people from the audience spoke to this issue:
Rudy and Shirley Mui, 131 Ohlone Court, spoke in favor of receiving a refund for the previous
years' taxes on Open Space Maintenance District.
Elaine Voulgares, Summerhill Homes, agreed with concept of the Homeowners' Association
contracting with the Town in maintaining the open space in this development.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
VASONA HEIGHTS/OPEN SPACE MAINTENANCE DISTRICT #3/ORDINANCE 2013 (09A.14)
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Ordinance 2013 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS DISSOLVING TOWN OF LOS GATOS
OPEN SPACE MAINTENANCE DISTRICT #3 ON CONDITION THAT A LANDSCAPING
AND LIGHTING DISTRICT BENEFIT ZONE BE ESTABLISHED AND THAT CERTAIN
USES BE MADE WITH THE FUNDS REMAINING IN THE OPEN SPACE MAINTENANCE
DISTRICT #3 CONTRACT. Carried unanimously.
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HEARINGS CONTINUED
VASONA HEIGHTS BENEFIT ZONE/OPEN SPACE MAINTENANCE DISTRICT #3 FUNDS
LANDSCAPING & LIGHTING DISTRICT #1/RESOLUTION 1996-28 (09B.14)
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-28
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING VASONA HEIGHTS
OPEN SPACE AREA INTO LANDSCAPING & LIGHTING DISTRICT #1 , DESIGNATING
IT AS VASONA HEIGHTS BENEFIT ZONE, AND ESTABLISHING CAPITAL RESERVE
AND CREDIT FUND FOR PREEXISTING FUNDS IN OPEN SPACE MAINTENANCE
DISTRICT #3, with the amendment removing Paragraph E and Exhibit A which will be continued to
June 3, 1996. Carried unanimously.
VASONA HEIGHTS BENEFIT ZONE/ENGINEER'S REPORT/FY 1996-1997 (09C.14)
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council accept revised Engineer's Report
on Fiscal Year 1996-1997 Cost. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to continue the assessment portion of this
issue to June 3, 1996. Carried unanimously.
SANTA ROSA HEIGHTS BENEFIT ZONE/LANDSCAPING & LIGHTING DISTRICT #1 (10.14)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
creation and annexation of Santa Rosa Heights Benefit Zone into Landscaping & Lighting District #1.
(First Public Hearing).
The following person from the audience spoke to this issue:
Scott Glover, 14370 Saratoga Ave, representing Oak Creek Partners and property owners, was in
agreement with the staff report.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council close the public hearing and
announce that the second public hearing will be held on April 15, 1996. Carried unanimously. Carried
unanimously.
BACHMAN AVE 208/HANNEGAN'S/OUTDOOR FIREPLACE APPEAL (11.09)
Mayor Attaway stated that this was the time and place duly noted to consider report on request for a
modification to an existing conditional use permit to allow an outdoor freestanding fireplace and a
revised plan for a retractable awning on property in the C-2-LHP Zone. Conditional Use Permit
Application U-95-6. Property Located at 208 Bachman. Property Owner: Bert Millen. Applicant:
Hannegan's Restaurant. Appellants: Chris Benson and John Hannegan.
No one from the audience spoke to this issue.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council continue this matter to April 15,
1996. Carried unanimously.
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BLOSSOM HILL 300/VASONA HEIGHTS/SUMMERHILL VASONA, LTD.
SIGN PERMIT AGREEMENT ON TOWN PROPERTY/RESOLUTION 1996-29 (12.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-29 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH SUMMERHILL VASONA LTD. TO PLACE A
DIRECTIONAL SIGN IN THE PUBLIC OPEN SPACE ON THE CORNER OF ROBERTS
ROAD AND BLOSSOM HILL ROAD IN LOS GATOS, CALIFORNIA. Carried unanimously.
COUNCIL COMMITTEES (27.20)
Joanne Benjamin reported on the Santa Clara Cities Association. They are having a general
membership meeting on June 24, 1996 and Professor Ronald Heifitz, Kennedy School of
Government, will be speaking on leadership in government.
Mrs. Benjamin also spoke on the Policy Advisory Board for the Transportation Agency and noted that
she will not be able to attend the next meeting April 11, 1996 and asked council if anyone else would
be able to attend. Linda Lubeck volunteered and staff was asked to notify the agency so that materials
could be sent to her directly. The meeting will agendize support of Measure A and the possibility of
municipalities sharing in a maintenance of effort agreement for a portion of the funds to go directly to
local projects in individual municipalities
MEETING CONTINUED TO JOINT MEETING WITH REDEVELOPMENT AGENCY
Mayor Attaway announced at 8:42 p.m. that Council would continue this meeting to a Joint Meeting
with the Redevelopment Agency.
ATTEST:
Cathleen Bruhn
Deputy Town Clerk
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