M 05-16-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
May 16, 1994
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 7:30 p.m., Monday, May 16, 1994, in regular session.
ROLL CALL
Present:Joanne Benjamin arrived at 7:53 p.m., Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, stated that Council had met in Closed Session prior to this evening's
meeting pursuant to Government Code Section 54956.9(b), Threatened Litigation, to discuss Claim of
Marilyn Dilles. Council voted 4 to 0 to deny the claim.
Pursuant to Government Code Section 54957.6, to Conference with Labor Negotiator regarding the
Town Employees' Association. Negotiator, Mark Linder, Assistant Town Manager, brought back to
Council the proposals from T.E.A. Instructions were given to negotiator concerning those
negotiations.
COMMUNITY SERVICES COMMISSION/COMMENDATIONS/JUMPER/JOHNS (00.20)
Mayor Attaway presented commendations to Jeffrey Johns and Michael Jumper for their services to
the Town while serving on the Community Services Commission.
PARKING COMMISSION/COMMENDATION/GENE RUGANI (000.20)
Mayor Attaway presented a commendation to Gene Rugani for his over forty years of service to the
Town while serving on the Parking Commission.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
TREASURER'S REPORT (02.V)
Informational report submitted by the Treasurer to the Council as of March 31, 1994, was received
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and filed.
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PAYROLL RATIFICATION/APRIL 1994 (03.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of April 10 through April 23, 1994 paid on April 29, 1994 in the amount of $213,956.99.
Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
ACCOUNTS PAYABLE/RATIFICATION/APRIL 1994 (04.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on April 29 and May 6, 1994 in the amount of
$370,831.43. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
MINUTES OF MAY 2, 1994 (05A.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of May 2,
1994 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
MINUTES OF MAY 9, 1994 (05B.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Joint Town Council
and Redevelopment Agency Minutes of May 9, 1994 as submitted. Carried by a vote of 4 ayes. Mrs.
Benjamin was absent.
MINUTES OF MAY 9, 1994 (05C.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Town
Council/Redevelopment Agency/Arts Commission Study Session Minutes of May 9, 1994 as
submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
WEDGEWOOD AVE/DRAINAGE DITCH/LA RINCONADA COUNTY CLUB (06.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept report on drainage ditch
along Wedgewood Ave. in the area of La Rinconada Country Club. Carried by a vote of 4 ayes. Mrs.
Benjamin was absent.
9317B PROJECT/NEIGHBORHOOD CENTER RE-ROOFING/COMPLETION NOTICE (07.35)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the Manager to execute
and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project
9317B, (Neighborhood Center Re-Roofing. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
CLAIM REJECTION/DANIEL MATHEWS (08.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Daniel
Mathews filed March 25, 1994 with the Town Clerk. Carried by a vote of 4 ayes. Mrs. Benjamin
was absent.
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AMICUS CURIAE/BERGER V. CITY OF MORGAN HILL (09.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of Berger vs. City of Morgan Hill
pending before the Sixth District Court of Appeal Case #HO11759, at no cost to the Town. Carried by
a vote of 4 ayes. Mrs. Benjamin was absent.
NEW DEVELOPMENT/TO BE IN CHARACTER WITH THE TOWN (10.47)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council determine that current policy
adequately addresses community design for the interim until specific commercial design guidelines
are developed for sub-area 4.1 and the other commercial districts in Town. Carried by a vote of 4
ayes. Mrs. Benjamin was absent.
RECORDS RETENTION/POLICE DEPT TAPES/RESOLUTION 1994-65 (11.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-65
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING DESTRUCTION OF
DISPATCH TAPES OF THE OF THE LOS GATOS POLICE DEPARTMENT AFTER A
PERIOD OF ONE YEAR PURSUANT TO GOVERNMENT CODE 34090.6. Carried by a vote
of 4 ayes. Mrs. Benjamin was absent.
INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
TOWN DEFERRED COMPENSATION PLAN/RESOLUTION 1994-66 (13.10)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-66
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH INTERNATIONAL CITY
MANAGEMENT ASSOCIATION RETIREMENT CORPORATION FOR
ADMINISTRATION OF TOWN DEFERRED COMPENSATION PLAN. Carried by a vote of 4
ayes. Mrs. Benjamin was absent.
BUILDING & ENGINEERING DIRECTOR/DESIGN AUTHORITY/RESOLUTION 1994-67
(14.10)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-67
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INCREASING THE LIMITS OF
DESIGN AUTHORITY FOR THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES AND APPROVE RECENT CAPITAL PROJECTS. Carried by a vote of 4 ayes.
Mrs. Benjamin was absent.
9328 PROJECT/LOS GATOS CREEK TRAIL/RESOLUTION 1994-68 (15.35)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-68
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9328, (LOS GATOS CREEK TRAIL). Carried by a vote of
4 ayes. Mrs. Benjamin was absent.
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MASSOL AVE 218/SECONDARY UNIT/HUTCHINS/RESOLUTION 1994-69 (16.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-69
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION TO DENY APPEAL OF DECISION OF THE TOWN PLANNING
DIRECTOR TO DENY A BUILDING PERMIT APPLICATION TO EXPAND THE FLOOR
AREA OF A PREEXISTING SECONDARY DWELLING UNIT IN THE R-1D-LHP ZONE,
ARCHITECTURAL & SITE APPLICATION S-94-9, which incorporates the Council's findings
and decisions of its meeting of May 2, 1994. Carried by a vote of 3 ayes. Mrs. Benjamin was absent.
Mrs. Lubeck voted no for reasons stated in previous record.
TRANSPORTATION DEMAND MANAGEMENT/ORDINANCE 1979 (18.40)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1979 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE VIII OF CHAPTER
15 OF THE TOWN CODE RELATING TO TRANSPORTATION DEMAND MANAGEMENT,
which was introduced at the Town Council meeting of May 2, 1994. Carried by a vote of 4 ayes.
Mrs. Benjamin was absent.
VERBAL COMMUNICATIONS:
Art Exhibit in Council Chambers
Mark Vestrich, sponsor of the Art exhibit by Barbara Mehlman now on display in the Council
Chambers and speaking for the Los Gatos Arts Commission and Los Gatos Friends of the Arts, invited
everyone to the Open House on Sunday, May 29, 1994 from 4 to 6 p.m.
HEARINGS
WOOD ROAD/PRE-ZONE/Z-93-1/HILLSIDE RESIDENTIAL/HEARING (19.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
introduction of an ordinance to pre-zone a five-acre parcel located in the unincorporated area of Town
on Wood Road south of Manzanita Avenue, West of Highway 17 to HR-5 (Hillside Residential, 5 to
40 acres per dwelling unit), Zone Change Application Z-93-1. Property owner: David Ebrahimoun.
Initiated by: Town of Los Gatos.
No one from the audience addressed Council.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to continue this item to June 6, 1994. Carried by
a vote of 4 ayes. Mrs. Benjamin was absent.
CUPOLA REFURBISHING/GRANT ACCEPTANCE/SCC HISTORICAL HERITAGE COMM
(20.45)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
accepting Santa Clara County Historical Heritage Commission's $50,000 grant to refurbish cupola.
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HEARINGS CONTINUED
CUPOLA RESTORATION CONT.
The following people addressed the Council on this subject.
Barbra Toren, 15933 Orange Blossom, spoke in favor of the cupola restoration.
Bill York, 203 Palmer Drive, noted that the words Town Plaza should be removed from the agreement
and reference be made to public parks.
Jack Christianson, architect, 110 Langton Place, spoke of positioning the cupola and putting a plaque
on it telling where it originated behind The Meadows.
Michael Bomberger, 114 Dardenelli Lane, representing the Parks Commission and Los Gatos
Community Foundation. Spoke in favor of the restoration of the cupola and suggested continued
discussion on the appropriate location for the cupola.
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 Mrs. Benjamin, seconded by Mr. O'Laughlin, to reopen the public hearing to
accommodate late arrivers who wished to address the Council. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing after
having heard from those that wished to address Council. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept the Historical Heritage
Commission's $50,000 grant and direct staff to return with an agreement similar to the one in the staff
report identified as attachment 4 with Los Gatos Downtown Association and Town Plaza marked out,
and only show references to a non particular park in Town. Any agreement must include a process for
the County to accept the proposed location and work plan prior to expenditure of funds. This issue
needs to return to the Park Commission for recommendations. It will also include the
recommendations from the Historic Committee, Planning Commission and the grant writers, the Los
Gatos Downtown Association. Carried unanimously.
WORLD CUP USA'94/FIFA/TOWN POLICIES-PROCEDURES (21.06)
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, to continue this item to May 23, 1994 at
which time staff will return with two reports; one which addresses the security services; and the other
which discusses gifts and hosting activities. Carried unanimously.
FISCAL FUTURE/COMMUNITY FORUMS/SCHEDULE (22.06)
Council considered report on schedule and budget for community forums on Town's fiscal future.
Report was received and filed.
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DIRECTOR OF FINANCE/FACILITIES COORDINATOR/RESOLUTION 1994-70 (12.10)
Bill Quigly, Harwood Ave., spoke against this classification.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin that Council adopt Resolution 1994-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN FOR FISCAL YEAR 1993-1994. Carried by a vote of 4 ayes. Mr.
Blanton voted no.
SIGNS/SPECIAL EVENTS/REGULATIONS/ORDINANCE RE-INTRODUCTION (17.46)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council re-introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
TO MODIFY REGULATIONS FOR DISPLAY OF TEMPORARY SIGNS IN CONJUNCTION
WITH EVENTS AND SPECIAL EVENTS, which will return to Council for adoption May 23,
1994, and which will add words to clarify the intent to place an event sign within 500 feet of the
beginning or ending of the event. Carried unanimously.
COUNCIL COMMITTEE REPORTS (23.10)
Mr. Blanton reported from the CMA Policy Board that Federal and State moneys may be available to
complete the landscaping of Highway 85. Application for the funds should be completed by October.
These funds will also apply to the Vasona Corridor Project.
Mrs. Lubeck spoke regarding the participation of the Traffic Authority in the Highway 85 Opening
Celebration as planned by Los Gatos. Things Los Gatos will have to consider are electrical support,
staffing, set up and clean up, security and liability insurance.
Mr. Blanton is unable to attend the Emergency Preparedness Committee on Thursdays at noon
quarterly due to conflict in schedule. Mr. O'Laughlin volunteered to fill this position.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 9:04
p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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