M 06-17-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
June 17, 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 7:31 p.m., Monday, June 17, 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 had not met in Closed Session this evening.
COMMUNITY SERVICES/APPOINTMENT/SEABORN (00.20)
Mayor Attaway announced that one application had been received from Annette Seaborn for one
vacancy on the Community Services Commission. Voting was held and Ms Seaborn was appointed to
the Community Services Commission for a term ending January 1, 1997.
ARTS COMMISSION/APPOINTMENTS/CHAMBERS/GILMOUR/TOMASI-DU BOIS (000.20)
Mayor Attaway announced that five applications had been received from Dale Chambers, Susan
Gilmour, Jann Perez, Annette Seaborn and Mary Tomasi-DuBois for four vacancies. Voting was held
and Mr. Chambers, Ms Gilmour and Ms Tomasi-DuBois were appointed to terms expiring July 1,
1999. The fourth position was held open to give Ms Perez the opportunity to be interviewed. Ms
Seaborn had been appointed to Community Services.
LIBRARY BOARD/APPOINTMENTS/BAUM/YUEN (XX.20)
Mayor Attaway announced that three applications had been received from Rita Baum, Mary Kloet and
Pasteur Yuen for two vacancies on the Library Board. Voting was held and Ms Baum and Mr. Yuen
were appointed to the Library Board for terms ending July 1, 1999.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
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PAYROLL RATIFICATION/JUNE 1996 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of May 19 through June 1, 1996 paid on June 7, 1996 in the amount of $337,369.12. Carried
unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY-JUNE 1996 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on May 31, and June 7, 1996 in the amount of
$397,179.27. Carried unanimously.
MINUTES OF JUNE 3, 1996 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of June 3,
1996 as submitted. Carried unanimously.
IMPLEMENTATION FEE/COUNTYWIDE/AB 939/RESOLUTION 1996-70 (08.06)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGENCY AGREEMENT FOR THE COUNTRYWIDE AB 939
FEE. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING/RESOLUTION 1996-71 (09.19)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-71
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING
OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED FOR FISCAL YEARS 1997-
1999. Carried unanimously.
RECREATION DEPARTMENT LEASE/123 MAIN STREET/RESOLUTION 1996-72 (10.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-72
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE LOS GATOS-
SARATOGA RECREATION DEPARTMENT FOR THE PROPERTY AT 123 MAIN STREET
AND AMEND THE PROPOSED 1996-01 CAPITAL IMPROVEMENT PROGRAM. Carried
unanimously.
LOS GATOS CREEK TRAIL/BRIDGE AT LARK/COLLISHAW CONSTRUCTION
FUND TRANSFER/9517 PROJECT/RESOLUTION 1996-73 (11.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-73
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH COLLISHAW CONSTRUCTION, INC. FOR
THE CONSTRUCTION OF PROJECT 9517 LOS GATOS CREEK TRAIL BRIDGE AT
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LARK AVENUE. Carried unanimously.
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KENNEDY MEADOWS BENEFIT ZONE/LANDSCAPING AND LIGHTING DISTRICT #1
8612 TRACT/DESIGNATION AND ANNEXATION/RESOLUTION 1996-74 (12A.14)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-74
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING TRACT 8612 INTO
LANDSCAPING & LIGHTING DISTRICT 1, DESIGNATING IT AS KENNEDY MEADOWS
BENEFIT ZONE. Carried unanimously.
KENNEDY MEADOWS BENEFIT ZONE/LANDSCAPING AND LIGHTING DISTRICT #1
8612 TRACT/LEVY & COLLECT ASSESSMENTS/RESOLUTION 1996-75 (12B.14)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-75
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1996-1997 IN LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT 1--KENNEDY MEADOWS BENEFIT ZONE, AND TO
SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED
ASSESSMENTS. Carried unanimously.
BELLA VISTA VILLAGE/8820 TRACT/FINAL MAP/RESOLUTION 1996-76 (14.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-76
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF
TRACT 8820. Carried unanimously.
GANN APPROPRIATIONS LIMIT FOR 1996-97/RESOLUTION 1996-77 (15.06)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-77
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE 1996-97
FISCAL YEAR APPROPRIATION LIMIT FOR THE TOWN OF LOS GATOS. Carried
unanimously.
COMPUTER SYSTEMS SUPPORT/HEWLETT-PACKARD/RESOLUTION 1996-78 (16.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-78
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH HEWLETT-PACKARD FOR SYSTEM
SUPPORT SERVICES. Carried unanimously.
CUPOLA/9503 PROJECT/LYNDON CARRIAGE HOUSE/RESOLUTION 1996-79 (17.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-79
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REJECTING BID RECEIVED ON
PROJECT 9503--J.W. LYNDON CARRIAGE HOUSE CUPOLA RESTORATION AND
AUTHORIZING READVERTISEMENT OF PROJECT FOR BID. Carried unanimously.
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LOS GATOS BLVD 15780/CONVERSION TO COMMERCIAL/RESOLUTION 1996-80 (18.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-80
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION DECISION TO DENY A REQUEST FOR APPROVAL OF
PLANS TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE TO COMMERCIAL/
OFFICE USE ON PROPERTY LOCATED IN THE CH ZONE--ARCHITECTURE AND SITE
APPLICATION S-95-46. Carried by a vote of 4 ayes. Mrs. Lubeck voted no for reasons noted in
previous record.
VERBAL COMMUNICATION
Budget Format:
Carol Ann Weber, 189 Ivy Hill Way, apologized for a misunderstanding with Mrs. Benjamin, and
expressed interest in the format of the budget. Mrs. Benjamin suggested that Mrs. Weber work with
staff in August on a budget format that is more readable and easily understood by the community.
Clearness of Communication:
Nancy Lewellyn, 16880 Cypress Way, requested thought be given to the clearness of information and
channels of communication between the town council, people of the town and the town
administration. She volunteered her time to this project, and requested Council's thought on this and
public meetings to work on the concept. Mr. Attaway noted that two councilmembers and Ms
Lewellyn could meet together with others from the community to develop ideas to better
communication processes.
HEARINGS
OPERATING BUDGET FOR 1996-1997/RESOLUTION 1996-81/HEARING (19.06)
PARK RANGER PROGRAM/IMPACT ON PARK SERVICES (07.28)
Mayor Attaway stated that this was the time and place duly noted for public hearing to
consider approving the 1996-97 Operating Budget and addressing the impact on Police and Parks
Forestry and Maintenance services if the Ranger Program is eliminated.
Town Manager, Dave Knapp, addressed the adjusted Proposed Budget. He noted that it is a
balanced budget, and that the town has never run a deficit budget. This year there is no general salary
increase. During the previous five years, salary increases have averaged 1½%. This meeting is the
5th in a series of budget hearings held by the Town Council leading up to the decisions to be made
tonight. This year funds have been taken out of the operating budget and placed in the capital
improvement budget for street repairs. The Town now looses about 1.9 ML to the State each year that
the state keeps for its own purposes but that previously came to the Town. Loss of six car dealerships
over the last 10 years has reduced sales tax revenue. Only .09% of local property tax returns to the
community. Our Town is unique that it carries no general fund debt as most other communities do.
At previous meetings Council suggested changes in the proposed budget which currently
leaves a fund balance of $7,210. This proposal eliminates one ranger. This program change is
reviewed in Item 7 of this evening's agenda which has become part of this hearing.
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OPERATING BUDGET FOR 1996-1997/RANGER PROGRAM/CONT.
The following people from the audience spoke to this issue:
Marilyn Rumelhart, Family Services of Santa Clara Valley, office at the Neighborhood Center,
thanked Council for continued support.
Dave Katra, 239 Belgatos Drive, spoke in support of the Ranger Program and the associated costs of
not having a Ranger on duty.
Kamy Rahimi, 103 Belgatos Lane, submitted petitions with 53 signatures in support of the Ranger
Program and the need for safety patrols. He volunteered to participate in the communications
meetings.
Sheldon Smith, 14225 Lora Drive #79, Chair of the Trails and Bikeways Committee, spoke in
support of the Rangers.
Gloria Eagan, 17501 Wedgewood Ave, did not support Rangers and wanted both positions
eliminated. She was very supportive of the Police Department supplying patrol services to the parks.
David McKay, 205 Bacigalupi Drive, supported the Ranger Program.
Vic Collord, 399 Nicholson Ave., representing the Trails and Bikeways Committee supported the
need for Rangers. He noted the importance of their work with the many volunteers that have been
working on the trails system.
Elisa Herberg, 15595 Kavin Lane, spoke in support of the DARE Program in the elementary schools
and requested continued funding to support this project.
Waclaw Bilkewioz, 170 Lester Lane, addressed the income from supplying Police Services to the
City of Monte Sereno.
Ed Hebort, 250 Los Gatos Blvd., salesmanager at Anderson Chevrolet, speaking for business on Los
Gatos Boulevard, requested full funding of the Police Department.
Jim Sugai, 241 Carlton Court, spoke in support of the Ranger Program.
Ted Simonson, 220 Highland Terrace, supported funding to Police Department and does not want
those services cut as they relate to the High School. He urged that the proposed budget be adopted
tonight.
Pete Tiernan, President of the Los Gatos Museum Association, requested funding from the Town.
Diane Carlson, 15830 Blossom Hill Road, KCAT Board member requested partial funding to support
them until alternative methods of raising funds are identified.
John Mortensen, 102 Worcester Lane, spoke of the need for public safety funding and maintenance
of the Town. He wants services funded and no capital improvements.
Carol Ann Weber, 189 Ivy Hill Way, spoke of government openness and clarification of process, and
the fact that the Mayor had made the offer to work with the community on this concept. She
appreciated the help that the Assistant Manager has afforded her. Spoke of new, more easily
understood, budget format.
Emma Vargo, 15400 Winchester Blvd., spoke in support of the Ranger Program.
Chris Wiley, 544 University Ave., thanked Council for considering the non-profit groups in this year's
budget.
Nancy Llwellyn, 16880 Cypress Way, suggested cutting KCAT funding so as to keep the Library
open on Fridays. She heard that public safety was of primary importance to this audience.
Lee Fagot, 845 Lilac Way, supports the police and rangers in the budget.
Ted Romero, 108 N. Santa Cruz, merchant in Town requests continued Police Services in the
Downtown especially evenings and weekends and to monitor young people's summer activities in that
area.
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OPERATING BUDGET FOR 1996-1997/RANGER PROGRAM/CONT.
Speakers continued:
Knowlton Shore, 247 Los Gatos Boulevard, supports a full Ranger Program.
Joan Tabb, 14930 Oka Road, Trails and Bikeways Committee, spoke to save the Ranger Program.
Dave Gray, Town of Los Gatos Park Ranger, explained the Ranger Program and the hope that
Council would continue funding it in the budget. He suggested alternative ways to raise park fees so
as to help fund the program.
Michael Maiten, 136 Belvue, spoke very strongly in support of the Ranger Program. He asked
Council to keep the program intact within the budget.
Jo Pirzynski, 350 Los Gatos Blvd., DART Team Member, distributed copies of the DART Newsletter
which demonstrated the level of professionalism exhibited by the organization.
Michael Bomberger, 114 Dardanelli Lane #14, submitted a letter for the record addressing the value
of retaining the Ranger Program for our parks.
Bill Quigley, 103 Belridge, spoke in support of the Rangers.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
COUNCIL RECESS
Mayor Attaway called a recess at 9:50 p.m. and reconvened the meeting at 10:00 p.m.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt the Operating Budget as
presented tonight. This includes the elimination of one park ranger but retains the services of that
position as detailed in the police department's presentation. This position will be covered by volunteer
programs already in place in the community and by current police patrol services. Carried by a vote
of 3 ayes. Mrs. Benjamin and Mr. Blanton voted no on cutting the ranger program finding no real
savings in the police department proposal and enumerating the many services lost by the elimination
of this position.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-81
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 1996-
97 OPERATING BUDGET. Carried unanimously.
BLACKWELL DRIVE BENEFIT ZONE/RESOLUTION 1996-82/HEARING (20.14)
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/LEVYING ASSESSMENTS
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
protests and adopt resolution confirming diagram and assessments, and levying and authorizing
collection of assessments for Landscaping and Lighting Assessment District #1--Blackwell Drive
Benefit Zone, for Fiscal Year 1996-97.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council close the public hearing. Carried
unanimously.
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BLACKWELL DRIVE BENEFIT ZONE CONT.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1996-82 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND
ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS
FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1--BLACKWELL
DRIVE BENEFIT ZONE FOR FISCAL YEAR 1996-1997. Carried unanimously.
HILLBROOK BENEFIT ZONE/RESOLUTION 1996-83/HEARING (21.14)
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/LEVYING ASSESSMENTS
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
protests and adopt resolution confirming diagram and assessments, and levying and authorizing
collection of assessments for Landscaping and Lighting Assessment District #1--Hillbrook Benefit
Zone, for Fiscal Year 1996-97.
The following person from the audience spoke to this issue:
Everett Eiselen, 112 Hillbrook Drive, supported the formation of the district and appreciates the work
that is being done. He thought the assessment was reasonable.
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.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-83
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS
FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1--HILLBROOK
BENEFIT ZONE FOR FISCAL YEAR 1996-1997. Carried unanimously.
GEMINI COURT BENEFIT ZONE/RESOLUTION 1996-84/HEARING (22.14)
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2/LEVYING ASSESSMENTS
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
protests and adopt resolution confirming diagram and assessments, and levying and authorizing
collection of assessments for Landscaping and Lighting Assessment District #2--Gemini Court Benefit
Zone, for Fiscal Year 1996-97.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-84 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS
FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2--GEMINI COURT
BENEFIT ZONE FOR FISCAL YEAR 1996-1997. Carried unanimously.
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VASONA HEIGHTS BENEFIT ZONE/RESOLUTION 1996-86 (23.14)
LANDSCAPING AND LIGHTING DISTRICT #1/HEARING
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution of intention to levy and collect assessments for fiscal year 1996-97 and set public
hearing to consider proposed assessments for Landscaping and Lighting Assessment District #1--
Vasona Heights Benefit Zone.
No one from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing. Carried
unanimously.
Town Attorney, Larry Anderson, requested this item be postponed to the end of the meeting.
ECONOMIC DEVELOPMENT PROPOSALS (05.49)
Linda Asbury speaking for the Chamber of Commerce, spoke supporting the proposal for Economic
Development, and suggested working together with the business community and town administration.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, to accept the report on economic development
proposals. Carried unanimously.
POLICE DEPARTMENT/PRIVATE DUTY SECURITY SERVICES PLAN (06.09)
Carol Ann Weber, 189 Ivy Hill Way, requested the police department overtime funds be reevaluated
and used for supporting the ranger program. Ms. Weber stated her intention to file a law suit against
the decision to cut the Ranger Program feeling that Council had not heard the concerns of the citizens.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council approve Police Department
private duty security services plan as provided in Los Gatos Police Department General Order #88-07.
Carried unanimously.
PARK RANGER PROGRAM/IMPACT ON PARK SERVICES (07.28)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept report assessing the
impact on Police and Parks, Forestry and Maintenance services if the Ranger Program is eliminated.
Carried unanimously. (In the motion for Item 19 which included the discussion of this Item, Mrs.
Benjamin and Mr. Blanton voted no on cutting the ranger program finding no real savings in the
police department proposal and enumerating the many services lost by the elimination of this
position.)
OLD TOWN/UNIVERSITY AVE 50/ENVIRONMENTAL IMPACT REPORT (13.09)
GEIER & GEIER CONSULTING/RESOLUTION 1996-85
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-85
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT TO
COMPLETE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED
CONSTRUCTION AT 50 UNIVERSITY AVENUE. Carried unanimously.
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VASONA HEIGHTS BENEFIT ZONE/RESOLUTION 1996-86 (23.14)
LANDSCAPING AND LIGHTING DISTRICT #1/HEARING CONTINUED
This item was continued from earlier on the agenda.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-86
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1996-1997 IN LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT #1--VASONA HEIGHTS BENEFIT ZONE AND TO
SET PUBLIC HEARING CONSIDERING THE PROPOSED ASSESSMENTS. Carried
unanimously.
COUNCIL REPORTS (24.10)
Joanne Benjamin reported that the Santa Clara County Cities Association is hosting Dr. Ron Heifetz as
the speaker on June 24th. Leadership Without Easy Answers will be the topic. If you cannot attend
please let the manager know so someone can attend in your place.
Ed Burke and Margie Fernandez on the Citizen's Coalition Community Task Force will be coming
forth with a petition to put a measure on the ballot in November. The Vasona Corridor will only be
going to Campbell and not to Winchester, and Council may want this item added to the measure for
November.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
11:30 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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