M 07-17-95TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
July 17, 1995
Minutes
TOWN COUNCIL OPEN SESSION
The Town Council of the Town of Los Gatos met in the Town Manager's Office of Town Hall, 110
East Main Street, at 6:30 p.m., Monday, July 17, 1995 in Open Session. Announcements were made
to the public that Council will meet in closed session to discuss real property at 55 Hernandez Ave.
and 95 Church Street, #2103 regarding the sale of the properties and protecting the Town's real
interest in the properties. Present were Randy Attaway, Steven Blanton, Linda Lubeck and Mayor
O'Laughlin. Following the announcements the Council adjourned to Closed Session at 6:33 p.m.
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 7:42 p.m., Monday, July 17, 1995, in regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton,
Linda Lubeck and Mayor Patrick O'Laughlin.
Absent:Joanne Benjamin.
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 54956.8 (Real Estate Negotiations)
concerning Town Negotiators: David Knapp and Regina Falkner and a pending foreclosure sale at 55
Hernandez Ave, Los Gatos, CA. Request from staff was to authorize negotiations concerning the
possible foreclosure sale or refinancing of the property. Council instructed staff regarding
negotiations. Foreclosure sale has been postponed to July 25, 1995.
Pursuant to Government Code Section 54956.8 (Real Estate Negotiations) concerning Town
Negotiators: David Knapp and Regina Falkner and the potential purchase of property at 95 Church
Street, #2103, Los Gatos, CA. This is a unit within the Town's BMP, Below Market Rate Program.
Property is for sale by the current owner. Council instructed staff regarding the potential purchase of
that property in order to preserve it as a BMP unit.
Pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation item regarding
Kenneth Steadman, et al. vs Town of Los Gatos, San Mateo County Superior Court Action 360709,
concerning the foreclosure of surety bonds from the 1980's. Council instructed Attorney concerning a
possible settlement of the case.
NEWSRACK COMMITTEE APPOINTMENT (00.20)
Mayor O'Laughlin announced that there was one application for one opening on the Newsrack
Committee received from Keith Kawashima. Mr. Kawashima was not present for his interview, and
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by consensus Council continued this item to August 7, 1995.
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COUNCIL ON AGING APPOINTMENT (000.20)
Mayor O'Laughlin announced that there were no applications for this committee. The Town Clerk
will readvertise the opening on the Council on Aging.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the recommended action
concerning County Referrals: Referral #6068; 17801 Kilkenny Road; Applicant, Johnston; Design
Review; Approval recommended by staff. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
CODE COMPLIANCE/QUARTERLY REPORT (04.47)
Informational report from the Code Compliance Officer regarding abatement of code violations was
received and filed.
COUNCIL CALENDAR OF MEETINGS (05.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/JUNE 1995 (06.V)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the check register for the
payroll of June 4 through June 17, 1995 paid on June 23, 1995 and for the payroll of June 18, through
July 1, 1995 paid on July 7, 1995 in the amount of $447,405.87. Carried by a vote of 4 ayes. Mrs.
Benjamin was absent.
ACCOUNTS PAYABLE/RATIFICATION/JUNE 1995 (07.V)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check
registers for accounts payable invoices paid on June 16, 23 and 30, 1995 in the amount of
$497,394.92. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
MINUTES OF JUNE, 1995 (08.V)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of June 19,
1995 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
SMART CORRIDOR PROJECT/MOU/RESOLUTION 1995-90 (11.40)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-90 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH NINE OTHER SOUTH
BAY GOVERNMENT AGENCIES FOR THE SILICON VALLEY SMART CORRIDOR
PROJECT. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
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RESOURCE DIRECTORY/COMMUNITY FOUNDATION/RESOLUTION 1995-91 (12.20)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-91 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH THE LOS GATOS COMMUNITY FOUNDATION
FOR THE REPRODUCTION, SALES, AND DISTRIBUTION OF THE TOWN OF LOS
GATOS RESOURCE DIRECTORY. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
DOWNTOWN ASSOCIATION/ECONOMIC DEVELOPMENT/RESOLUTION 1995-92 (13.49)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-92 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE THE SECOND AMENDMENT TO THE DOWNTOWN ECONOMIC
DEVELOPMENT AGREEMENT WITH THE LOS GATOS DOWNTOWN ASSOCIATION.
Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
9511 PROJECT/REROOFING CIVIC CENTER LIBRARY/SERVICE CENTER
VEHICLE MAINTENANCE BUILDING/RESOLUTION 1995-93 (14.35)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-93 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH PACIFIC WEATHERSHIELD, INC. FOR THE CONSTRUCTION OF
PROJECT 9511 - REROOFING CIVIC CENTER LIBRARY, SERVICE CENTER AND
VEHICLE MAINTENANCE BUILDING, motion includes award of contract to Pacific
Weathershield, Inc for $98,703, with a 13% contingency fund; fund transfers; and change order for
repair of Police Department roof. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
AUDITING SERVICES/MAZE & ASSOCIATES/RESOLUTION 1995-94 (15.06)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-94 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE A CONTRACT WITH MAZE AND ASSOCIATES TO PROVIDE AUDITING
SERVICES FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97. Carried by a vote of 4 ayes.
Mrs. Benjamin was absent.
HOUSEHOLD HAZARDOUS WASTE PROGRAM/RESOLUTION 1995-95 (16.07)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-95 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT AMENDMENT WITH THE COUNTY OF SANTA CLARA
FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM FY 1995-96. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
MEDIAN LANDSCAPING/WINCHESTER-LARK-POLLARD/RESOLUTION 1995-96 (17.06)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-96 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS INCREASING CIP PROJECT 473-CHI85.
Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
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Los Gatos, California
CONGESTION MANAGEMENT/VEHICLE REGISTRATION FEE/RESOLUTION 1995-97
(18.40)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-97 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO
EXECUTE AGREEMENT WITH SANTA CLARA COUNTY TRANSIT DISTRICT
CONGESTION MANAGEMENT PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE
VEHICLE REGISTRATION FEE PROGRAM FOR YEAR 1994-95. Carried by a vote of 4
ayes. Mrs. Benjamin was absent.
VERBAL COMMUNICATIONS (XX.47/49)
Development of Black Road:
Jo Bartlett, 166 Oak Hill Way, spoke of proposed development in the hills off Lexington. She
specifically noted property being developed by Pete Denevi for an area golf course. This item has
been referred from the County to the Town for comment. The proposal will come before Council for a
position.
Downtown Association-Music in the Plaza:
Barbra Toren, 15933 Orange Blossom, spoke of the Downtown Association withdrawing from
participation in the Music in the Plaza agreement at this time.
HEARINGS
LOS GATOS BOULEVARD 227/SIDE YARD SETBACK/APPEAL (19.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an
appeal of a Planning Commission decision to deny an appeal of a decision of the Planning Director
denying a request for reduction of side yard setback from five to three feet in order to construct an
accessory garage structure on property in the R-1D Zone. Minor Residential Development
Application X-95-9. Property located at: 227 Los Gatos Boulevard. Property owners: Kiturah
Humphrey and Henry Farhi.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this item to August 7,
1995. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
UTILITY USERS' TAX/GAS/ELECTRIC/TELEPHONE/WATER/ORDINANCE 2001 (20.24)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
adopting ordinance establishing a 2% utility users' tax on gas, electric, telephone, cable and water.
The following people from the audience spoke to this issue:
Egon Jensen, 182 Lester Lane, spoke against the Utility Users' Tax and requested that the issue be put
on a ballot for a vote. He suggested that the increased taxes would go to administration and he
believes this revenue should go to capital improvements.
John Mortenson, 102 Worcester Lane, spoke of the minimal amount of the tax on the utility bills,
expressed his view of the needs of the Town, and the benefits that will be derived from this additional
tax. He asked for immediate adoption of the ordinance without waiting for a vote.
Eleanor Mortenson, 102 Worcester Lane, supported the utility tax without a vote.
No one else from the audience addressed this issue.
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UTILITY USERS' TAX CONT.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to close the public hearing. Carried by a vote
of 4 ayes. Mrs. Benjamin was absent.
Council Comments:
Mr. Blanton addressed this issue in light of how well the Town has done to improve services with
decreasing revenues. He does not support the utility tax without a vote, and would prefer to consider
further streamlining measures.
Mayor O'Laughlin noted the many forums and public hearings Council held to discuss this issue.
From this open dialogue he is persuaded that the utility tax is imperative at this time. He feels
comfortable with the five year sunset clause and concludes that this tax can maintain present service
levels until the financial climate improves.
Mr. Attaway addressed the five years of revenue declines and budget cut backs. He spoke of the
implemented streamlined services. He noted the community involvement in the choice of the utility
tax.
Mrs. Lubeck noted the work of state, county and local agencies studying the available revenues and
how these funds should be most efficiently allocated. She feels that capital improvements should take
priority in the use of the utility tax revenues. She supports the sunset clause and anticipates additional
revenues from current economic development programs and proposals.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 2001 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE V, CHAPTER 25
(UTILITY USERS' TAX) TO THE TOWN CODE, which was introduced at the Town Council
meeting of June 19, 1995. Carried by a vote of 3 ayes. Mrs. Benjamin was absent. Mr. Blanton
voted no consistent with his previous record.
PARKING ISSUES DOWNTOWN/PARKING COMMISSION (21.38)
Council consensus that Council and Parking Commission have a study session related to downtown
parking issues. This meeting would be held at a location open to the public on a weekday sometime
between 4:30 and 5:30 p.m. Staff will return to Council August 7, 1995, with a report and suggestions
for time and location of the meeting.
UNIVERSITY AVE 50/OLD TOWN/LOT 6/EIR/KREINES & KREINES
ENVIRONMENTAL IMPACT REPORT/RESOLUTION 1995-98 (22.09)
Council consensus that the agreement with Kreines & Kreines for an EIR on the redevelopment of
Old Town be postponed to August 7, 1995 after a community scoping meeting has been held.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-98 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT TO
CONDUCT A COMMUNITY SCOPING MEETING IN PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR PROPOSED CONSTRUCTION AT 50
UNIVERSITY AVENUE AND AT PARKING LOT 6, and to accept a non-interest bearing deposit
of $1,500 from Old Town applicant for completion of all tasks associated with the public meeting to
be held July 26, 1995. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
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TRANSIT ASSIST PROGRAM DISSOLUTION (09.19)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize elimination of positions of
the Transit Assist Program Coordinator as of July 28, 1995, and Transit Assist Program Assistant as of
July 18, 1995. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
Council consensus that letters of commendation from the Council be awarded to the Transit Assist
staff.
MINI-TOWN HALL/SUNDAYS IN TOWN PLAZA (10.10)
Mr. Blanton thanked the Mayor for implementing this program. Mr. Blanton also requested
consideration of a July 4th celebration for the community. Mayor O'Laughlin suggested a simple,
family orientated event to be held on the High School lawn. Council consensus to place this subject
on the agenda of August 7, 1995 at which time Mrs. Benjamin will be present.
COUNCIL COMMITTEE REPORTS (23.10)
Brazil-World Cup celebrations:
Mayor O'Laughlin reported that there would be Brazilian festivities the week of August 6-13, 1995.
These events will commemorate Brazil's winning of the World Cup '94. The Brazilian government
has made the request that they be able to celebrate that memorable event in Los Gatos.
Grenada-Sister City exchange:
Mr. Attaway noted that the City of Grenada has requested being a Sister City of Los Gatos as a
cultural exchange. This will be considered when there is more information regarding the City and its
community.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, that this evening's meeting be adjourned at 8:47
p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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