M 03-07-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 7, 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 7:35 p.m., Monday, March 7, 1994, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
COUNCIL ON AGING/APPOINTMENT/JEWEL PEYTON (0.20)
Mayor Attaway called for voting on one applicant for an opening on the Council on Aging. Voting
was held and Jewel Peyton was appointed to fill the vacancy.
PRESENTATION/UNITED WAY (00.43)
Amy Holland, representing United Way, presented a plaque to the Town congratulating and thanking
the Town for its support during the 1993 Fundraising Campaign.
ARTS COMMISSION/COMMENDATION/KATHY HARLAN (000.20)
Mayor Attaway presented a commendation to Kathy Harlan for her years of service to the Town while
serving on the Arts Commission.
PARK COMMISSION/COMMENDATION/ARDITH SAMS (XX.20)
Mayor Attaway presented a commendation to Ardith Sams congratulating and thanking her for her 18
years of service to the Town while serving on the Park Commission.
CLOSED SESSION
Mayor Attaway stated that Council had not met in Closed Session prior to this evening's meeting.
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 monthly activity of Planning Commission and Planning Department
was received and filed.
COUNCIL CALENDAR OF MEETINGS (03.10)
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Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
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PAYROLL/RATIFICATION/FEBRUARY 1994 (04.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for payrolls of January 30 through February 12, 1994 in the amount of $202,810.61 paid on
February 18, 1994. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $406,045.73 paid on February 18, and 28,
1994. Carried unanimously.
MINUTES OF FEBRUARY 22, 1994 (06.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of February
22, 1994 as submitted. Carried unanimously.
SPICE TV CHANNEL/SCRAMBLING (07.24)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept and file this informational
item regarding scrambling the audio portion of the Spice TV Channel. Carried unanimously.
CABLE TV/ADVISORY COMMITTEE (08.24)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept and file this report
regarding formulation of a committee to work for a year and then make recommendations regarding
the Town's regulatory relations with Southbay Cablevision. Carried unanimously.
PLANNING COMMISSION/CHAIR & VICE-CHAIR/ELECTIONS (09.20)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report regarding election
of Planning Commission Chair and Vice-Chair. Carried unanimously.
COMPUTER REPLACEMENT/FUND TRANSFER (10.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize transfer of $2,500 from
Account 3420-70605 (100GTRCK) to Account 3190-77500 to purchase a personal computer. Carried
unanimously.
COMPUTER STANDARDIZATION/SOURCE ONE MICROAGE (11.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize the purchase of
software, documentation, and installation support to standardize all Town P.C. applications from
Source One Microage with the lowest responsible bid of $12,442 and establish a contingency of
$2,488. Carried unanimously.
CLAIM REJECTION/MARK AND RUTHANNE MANDER (12.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council reject the claim of Mark and
Ruthanne Mander filed February 2, 1994 with the Town Clerk. Carried unanimously.
AMICUS PARTICIPATION/DUTTON V. QUINN (13A.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize the Town Attorney to
join as an amicus curiae at no cost to the Town in the case of Dutton v. Quinn now pending before the
First District Court of Appeal. Carried unanimously.
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AMICUS PARTICIPATION/WESTERN STATE PETROLEUM V. SUPERIOR COURT (13B.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize the Town Attorney to
join in amicus curiae at no cost to the Town in the case of Western State Petroleum Association v.
Superior Court pending before the California Supreme Court. Carried unanimously.
CONSULTANT SERVICES/LEAD AGENCY/MONTE SERENO/RESOLUTION 1994-37 (15.24)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-37
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A LETTER OF AGREEMENT FOR CITY OF MONTE SERENO
TO SERVE AS LEAD AGENCY FOR CONSULTANT SERVICES. Carried unanimously.
CLASSIFICATION PLAN/POSITION PLAN/RESOLUTION 1994-38 (16.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-38
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN FOR FISCAL YEAR 1993-94. Carried unanimously.
HISTORIC PRESERVATION/FUND MATCHING GRANT/RESOLUTION 1994-39 (18.20)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-39
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE FILING OF
AN HISTORIC PRESERVATION FUND GRANT APPLICATION. Carried unanimously.
VERBAL COMMUNICATIONS:
Art Show:
Anne Lamborn, 7 Monroe Court, representing the Arts Commission, invited everyone to the
reception, March 27th, 4-6pm, for the present art show in the Council Chambers presented by the Los
Gatos High School art students.
Housing Issue:
Mark Hall, 15049 Los Gatos Blvd., Grand Master Lodge, spoke regarding the closure of this housing
facility and requested that Council look at the issues involved. Mayor Attaway suggested that staff
review the issues and report back to Council.
COMMUNITY DEVELOPMENT BLOCK GRANTS/RESOLUTION 1994-40/HEARING (20.19)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
adopting resolution allocating Fiscal Year 1994-95 Community Development Block Grant Funds to
the Town.
The following people from the audience spoke on this subject:
Christine Pfendt, 168 Carlton Ave., representing the Community Services Commission, spoke of the
Commission's work in making recommendations for distribution of these funds.
Carol Sooter, 2338 Heritage Drive, San Jose, contracts and grants manager with the San Jose State
University Foundation, the fiscal agent administrating the funds for the Health Place which provides
health services to low income elders in the community.
Lita Friedlander, Director of Live Oak Adult Day Services, 19 High School Court, requested
Council's continued support and addressed the needs of this organization. She added that she will be
applying for Community Grant Funds.
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CDBG FUNDING/HEARING CONT.
Speakers continued:
Donna DiMinico, representing Long Term Care Ombudsman Program/Catholic Charities, thanked
Council for its continued support.
Colleen Lukoff, representing the Second Harvest Food Bank, shared information about the new
warehouse which is able to store and ditribute greater volumes of food. The agency raised five
million dollars for the structure.
Elizabeth Alton, representing the Emergency Housing Consortium, spoke of the new emergency
shelter which will be opened next winter.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the hearing. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-40
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL
YEAR 1994-95, and thank the Community Services Commission for their work with the non-profit
agencies which provide excellent services for the Town's residents. Carried unanimously.
JOINT VENTURE/SILICON VALLEY NETWORK/FUNDING (21.17)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize $2,500 grant to Joint
Venture:Silicon Valley Network and transfer $2,500 from account 1010-52175(Council Health
Benefits) to account 1111-72000(Grants & Awards), and to return to Council for consideration of
additional funding during the budget considerations. Carried unanimously.
MOBILEHOME RENTAL/TENANT-LANDLORD DISPUTES/ORDINANCE INTRO (22.16)
The Town Clerk read the title of the draft ordinance.
Motion by Mrs. Benjamin, 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 AMENDING ARTICLE 14.85
REGARDING MOBILEHOME RENTAL AND OTHER TENANT/LANDLORD DISPUTES,
including 28 days in which tenant representative may be appointed, Section 14.85.125(b). Carried
unanimously.
DUPLEX RENTAL UNITS/REGULATORY FEE/ORDINANCE INTRO (23.16)
The Town Clerk read the title of the draft ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the draft
ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE 14.8O TO ENTITLE
DUPLEX LANDLORDS AND TENANTS TO USE THE RESOLUTION SERVICES OF THE
TOWN IN DISPUTES AND TO IMPOSE A REGULATORY FEE ON DUPLEX RENTAL
UNITS. Carried unanimously.
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LAW ENFORCEMENT/CONSULTING SERVICES/RESOLUTION 1994-41
STANFORD TECHNOLOGY CORPORATION (14.09)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-41
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH STANFORD TECHNOLOGY
CORPORATION TO PROVIDE CONSULTING SERVICES IN AN EFFORT TO IDENTIFY
PROBLEMS ASSOCIATED WITH THE DELIVERY OF LAW ENFORCEMENT SERVICES
AND TO FIND SOLUTIONS TO RESOLVE THOSE PROBLEMS, with Town exercising
extreme care regarding the possibility of its vulnerable position in regards to weapons. Carried
unanimously.
LOS GATOS BOULEVARD WIDENING PROJECT/WILLDAN ASSOCIATES
RESOLUTION 1994-42 (17.35)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-42
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH WILLDAN ASSOCIATES TO
PROVIDE PROJECT MANAGEMENT SERVICES FOR THE LOS GATOS BOULEVARD
WIDENING PROJECT. Carried unanimously.
LOS GATOS BREWING COMPANY/130-G N SANTA CRUZ AVE/RESOLUTION 1994-43 (19.09)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-43
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF
PLANNING COMMISSION DENIAL OF APPLICATION FOR PERMISSION TO EXTEND
OPERATING HOURS FOR A RESTAURANT AND BAR IN THE C-2 ZONE;
CONDITIONAL USE PERMIT APPLICATION U-77-24E, including in the 8th Whereas,
"Whereas the employment of security guards around the premises as required by this approval will
increase the safety of both the patrons and the public, particularly in parking lots 2, 3 & 4.", and add
within the conditions of approval to item 6, "....shall be available until closing or until 11pm Sunday
through...", and item 11B to be clarified to read "from 11pm Friday night until 1:15am the following
Saturday morning, and 11pm Saturday night until 1:15am the following Sunday morning." Carried
unanimously.
COMMITTEE REPORTS (24.10)
Mrs. Lubeck reported on meetings concerning celebrations for the opening of Route 85. Council
consensus is that Sunday would be the best day for a race or walk and that each community will
continue to be in charge of its own celebrations.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
9:56 p.m., noting that the Study Session on March 14, 1994 will begin at 7pm. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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