M 02-21-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 21, 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 7:32 p.m., Tuesday, February 21, 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
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(a) pertaining to Pending Litigation
in regards to McNelly v. Town of Los Gatos, Santa Clara County Superior Court Case 927007. A
challenge to the rent mediation ordinance for the town's mobile home parks. Future proceedings were
discussed in relation to the case now half way through trial.
Pursuant to Government Code Section 54957 Council met to discuss Town Employment Contract.
The Town Manager's contract was discussed and was continued to Closed Session following this
evening's Council Meeting.
COMMUNITY SERVICES COMMISSION/APPOINTMENTS (00.20)
Mayor O'Laughlin announced that two applications had been received from Paul DuBois and George
Perazzo for two vacancies on the Community Services Commission. Voting was held and George
Perazzo was appointed to a term ending January 1, 1998. Paul DuBois was not present for the
interview and Council continued this item to the next meeting.
RENT ADVISORY COMMISSION/APPOINTMENT (000.20)
Mayor O'Laughlin announced that one application had been received from Susan Fish for one vacancy
on the Rent Advisory Commission. Voting was held and Susan Fish was appointed to term ending
March 1, 1998.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL RATIFICATION/JANUARY 1995 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of January 15 through January 28, 1995 paid on February 3, 1995 in the amount of
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$215,373.27. Carried unanimously.
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ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1995 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on February 3, 7 and 10, 1995 in the amount of
$351,668.88. Carried unanimously.
MINUTES OF FEBRUARY 6, 1995 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of February
6, 1995 as submitted. Carried unanimously.
TREASURER'S REPORT/DECEMBER 1994 (05.V)
Treasurer's report as of December 31, 1994 was received and filed.
BICYCLE CORRIDOR/ROUTE 85/SIGN PLAN (06.26)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve Trails & Bikeways
Committee's recommendation of Route 85 Bicycle Corridor Sign Plan. Carried unanimously.
LOS GATOS CREEK TRAIL/DEDICATION/CELEBRATION (07.26)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report on the dedication
celebration for the Los Gatos Creek Trail and establish a deposit account for donations and direct staff
to prepare proclamation. Carried unanimously.
DUPLICATOR/SHARP SD-3062/PURCHASE/MAINTENANCE/RESOLUTION 1995-25 (08.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-25
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO PURCHASE A SHARP SD-3062 DUPLICATOR AND TO EXECUTE A
MAINTENANCE AGREEMENT FOR THE DUPLICATOR WITH OMI OF CALIFORNIA.
Carried unanimously.
PARK COMMISSION/NEEDS ASSESSMENT (09.26)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept Needs Assessment Report
from the Park Commission concerning additional parks and recreation facilities. Carried
unanimously.
LOS GATOS CREEK TRAIL/APPRAISAL/BERLINER & KIDDER (10.26)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize payment of $13,200
from Project "480SGOT" to Berliner and Kidder Real Estate Appraisers for appraisal of Los Gatos
Creek Trail. Carried unanimously. Carried unanimously.
FINANCIAL AUDIT SERVICES/REQUEST FOR PROPOSAL (11.06)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize Town Manager to issue
Request for Proposal for financial audit services for the three year period of 1994-95 through 1996-97
and authorize the Finance Committee and the Town Treasurer to interview and select an auditor for
recommendation to the Council. Carried unanimously.
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AMICUS BRIEF/NEECKE/MARIN COUNTY/MILL VALLEY (12.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of Neecke v. Marin County(Mill
Valley), currently on appeal to the Court of Appeal, First District of Appeals, Division 2, case
A065966, at no cost to the Town. Carried unanimously.
CLAIM REJECTION/KATHLEEN RYAN (13A.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Kathleen Ryan
for alleged personal injuries occurring on October 21, 1994. Carried unanimously.
CLAIM REJECTION/ROD KIEFUS (13B.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Rod Kiefus for
alleged personal injuries occurring on July 5, 1994. Carried unanimously.
CLAIM REJECTION/GREEN VALLEY DISPOSAL COMPANY, INC. (13C.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of Green Valley,
Inc. for alleged breach of contract occurring on January 17, 1995. Carried unanimously.
CLAIM REJECTION/GEORGE JACKOVIC (13D.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council reject the claim of George
Jackovic for alleged personal injuries occurring on December 3, 1994. Carried unanimously.
DOWNTOWN BEAUTIFICATION/STREETSCAPE/RESOLUTION 1995-26 (16A.50)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, to adopt Resolution 1995-26 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE CENTRAL BUSINESS
DISTRICT STREETSCAPE AND IMPROVEMENT GUIDELINES. Carried unanimously.
DOWNTOWN BEAUTIFICATION/NEWSRACK REGULATIONS/ORDINANCE INTRO (16B.50)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 OF THE
TOWN CODE REGULATING NEWSRACKS LOCATED ON OR PROJECTING INTO THE
PUBLIC RIGHT-OF-WAY. Carried unanimously.
DOWNTOWN BEAUTIFICATION/BENCHES/ENCROACHMENT PERMITS (16C.50)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council order the revocation of the
existing encroachment permits for benches and order the removal of all privately owned benches from
the public right-of-way by November 1, 1995. Carried unanimously.
DOWNTOWN BEAUTIFICATION/BICYCLE RACKS/REMOVED (16D.50)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, Council authorize the Director of Parks,
Forestry and Maintenance Services to remove, as soon as possible, all existing bicycle racks in the
public right-of-way, and after November 1, 1995, remove any privately owned benches remaining in
the public right-of-way. Carried unanimously.
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ARCHITECTURAL STANDARDS COMMITTEE/LICENSED ARCHITECT/RESO 1995-27
(17.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-27
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING ARCHITECTURAL
STANDARDS SUBCOMMITTEE OF THE PLANNING COMMISSION AND ADDING A
LICENSED ARCHITECT AS A MEMBER WITH ALTERNATE. Carried unanimously.
PLANNING COMMISSION/COMMENDATION/LEE CHASE/RESOLUTION 1995-28 (18.20)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-28
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING LEE CHASE FOR
HIS SERVICE AS A MEMBER OF THE PLANNING COMMISSION OF THE TOWN OF
LOS GATOS. Carried unanimously.
VERBAL COMMUNICATIONS
Los Gatos Boulevard Development:
Jim Evans, Steve Anders and Tom Smith, owners of McWorter's Stationary Store, Village Square
Shopping Center, discussed conditional use permits for super markets and drug stores, and requested
that Council expand the ordinance to include other large retail businesses.
Steve Anders, asked for this consideration and to consider the present use. He suggested some
alternate car dealership use.
Tom Smith spoke of the over all planning of the Boulevard and the need for occasional alternate use
permits.
PLANNING COMMISSION DETERMINATIONS/TOWN COUNCIL REVIEW STANDARD
ORDINANCE INTRODUCTION (20.47)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to waive the reading of the Draft Ordinance.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.20.295 AND
29.20.300 OF THE TOWN CODE TO REVISE THE STANDARD OF REVIEW TO BE USED
BY THE TOWN COUNCIL ON APPEALS OF PLANNING COMMISSION
DETERMINATIONS. Carried unanimously.
"IRISH DAYS"/MARCH 6-20, 1995/RESOLUTION 1995-29 (14.42)
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1995-29 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DECLARING MARCH 6 THROUGH
MARCH 20, 1995 AS "IRISH DAYS" IN THE TOWN OF LOS GATOS. Carried unanimously.
AUTOMOBILES/2 SEDANS/GENERAL SERVICES/RESOLUTION 1995-30 (15.28)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1995-30
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES FOR THE PURCHASE OF (2) TWO 1995
SEDANS. Carried by a vote of 4 ayes. Mr. Attaway voted no stating that too many cars were being
purchased at once and he would prefer to see the purchasing done on a different time table with
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different criteria used for evaluation.
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SANTA CRUZ AVE N 335/RESTAURANT/BEER AND WINE/APPEAL (19.09)
Council and Town Attorney discussed reasons justifying and allowing reconsideration of the motion
and what procedures were necessary for Council to clarify its findings of the previous meeting.
Mr. Attaway had made the motion at the previous meeting but had not made his findings clear. Staff
had taken his opinion and made them into findings which were not quite accurate. Mr. Attaway does
not want to rehear the appeal but does want the resolution to reflect correct findings. Mrs. Benjamin
who had seconded the original motion does not want to reopen the hearing either but simply wants the
findings made by Council to be more concisely delineated in the resolution. Findings concerning
planning issues; the type of traffic that has been observed on those streets; the difficulty in egress and
ingress at that location; the fact that there is not a moratorium on restaurants; that each proposal is
reviewed as an individual application; Council is not concerned as to whether the restaurant is a good
one or not; or whether the business owner is good or not. Mrs. Lubeck felt that her reasoning had
been well reflected in the document.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to continue this item to March 6, 1995 so as to
clarify the Council comments comprising the findings in the draft resolution. Carried by a vote of 4
ayes. Mr. O'Laughlin absent.
TOWN PLAZA/BLUE RIBBON TASK FORCE (21.26)
Consensus to continue this item so that it can be reviewed at the Commissions and Boards Study
Session February 25, 1995 and so that the Councilmembers can have time to consider who they might
ask to be on the committee.
TRANSIT ASSIST PROGRAM/ADA REQUIREMENTS/PARATRANSIT (22.28)
Informational item concerning the Americans with Disabilities Act (ADA) Paratransit Plan's affect on
the Transit Assist Program was received and filed.
COUNCIL COMMITTEE REPORTS (23.10)
Mr. Blanton reported on when he had been appointed to the Transportation Commission, and noted
that he had been made Chair of the Joint Powers Association.
Mrs. Benjamin noted she was now the Vice-Chair of the Congestion Management Committee.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
8:41 p.m. to a Closed Session following the Redevelopment Agency Meeting as announced in the
Closed Session report made at the beginning of the Council Meeting. Carried unanimously. (Closed
Session was held. No action was taken. Session adjourned at 9:56 p.m.)
ATTEST:
Marian V. Cosgrove
Town Clerk
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