M 12-05-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
December 5, 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, December 5, 1994, 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 54957 to discuss Personnel issue regarding
the evaluation of the Town Manager and Town Attorney. That evaluation continues and will be
considered at the next Council meeting.
COMMENDATION/WES PEYTON/TIMES WEEKLY REPORTER (00.42)
Mayor O'Laughlin presented a Commendation from the Town of Los Gatos to Wes Peyton for his
outstanding contribution while reporting for the local newspaper. Mr. Peyton was present to receive
his commendation and thanked the Town for the consideration.
MIDPENINSULA HOUSING COALITION/PRESENTATION TO THE TOWN (000.42)
Mayor O'Laughlin received the Gold Nugget Award of Merit by the Pacific Coast Builders
Conference of 1994 for the West Valley Open Doors project on West Parr Avenue. This very
prestigious award was presented to the Town by Mat Schwartz representing MidPeninsula Housing
Coalition.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNCIL CALENDAR OF MEETINGS (02.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/NOVEMBER 1994 (03.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the check register for the
payroll of November 6 through November 19, 1994 paid on November 23, 1994 in the amount of
TC:D6:MM120594
$234,777.58. Carried unanimously.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1994 (04.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 18 and November 23, 1994 in the amount
of $358,600.30. Carried unanimously.
MINUTES OF NOVEMBER 21, 1994 (05.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of
November 21, 1994 as submitted. Carried unanimously.
BUDGET REPORT/FOURTH QUARTER/1993-1994 (06.06)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council authorize the adjustments to the
General Fund Operating budgets for fiscal year 1993-94 as listed in the staff report. Carried
unanimously.
TREASURER'S REPORT/OCTOBER 1994
Informational report submitted by the Treasurer to the Council as of October 31, 1994, was received
and filed.
AMICUS BRIEF/FARMERS INSURANCE V./SANTA CLARA COUNTY (08A.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve amicus participation in
Farmers Insurance Group and Craig Nelson v. County of Santa Clara: Request for Support of Amicus
Curiae Brief to be filed with California Supreme Court which is currently pending before the
California Supreme Court, at no cost to the Town. Carried unanimously.
AMICUS BRIEF/STACY & WHITBACK, INC. V./SAN FRANCISCO CITY & COUNTY (08B.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve amicus participation in
Stacy & Whitback, Inc. v. City and County of San Francisco which is currently pending before the
First Appellate District, Division 2, Case No. AO66609, at no cost to the Town. Carried unanimously.
LOS GATOS DOWNTOWN ASSOCIATION/AGREEMENT/RESOLUTION 1994-165 (09.49)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-165
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE DOWNTOWN ECONOMIC DEVELOPMENT
AGREEMENT WITH THE LOS GATOS DOWNTOWN ASSOCIATION, with automatic
extension to June 30, 1996 if funds are appropriated in the fiscal year 1995-96 operating budget and
transfer up to $39,000 from the reserve for economic uncertainty to account 1111-72003 to fund the
Downtown Economic Development Program through June 1995. Carried unanimously.
SPRAYER/TOWABLE SPRAY RIG/BID AWARD/RESOLUTION 1994-166 (11.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-166
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AGREEMENT WITH NSTC/FARMTEC, FOR PURCHASE OF
(1) NEW 1995 200 GALLON TOWABLE SPRAYRIG. Carried unanimously.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
SIDEWALKS/9308 PROJECT/ANNUAL RECONSTRUCTION/RESOLUTION 1994-167 (12.28)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-167
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT FOR PROJECT 9308,
BIANNUAL SIDEWALK REPLACEMENT PROGRAM, and approve the recommendation as it
appears in the Council report authorizing Schneider Engineering to complete design and for certain
budget adjustments. Carried unanimously.
ELECTION CERTIFICATION/NOVEMBER 8, 1994/RESOLUTION 1994-168 (13.21)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ACCEPT SANTA CLARA
COUNTY REGISTRAR OF VOTERS CERTIFIED STATEMENT OF ELECTION RESULTS
AND DECLARE THE ELECTION RESULTS OF THE GENERAL MUNICIPAL ELECTION
OF NOVEMBER 8, 1994. Carried unanimously.
EMPLOYEE ASSISTANCE PROGRAM/MEDCO/RESOLUTION 1994-169 (14.12)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-169
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH MEDCO BEHAVIORAL
CARE OF CALIFORNIA, INCORPORATED DBA PERSONAL PERFORMANCE
CONSULTANTS OF CALIFORNIA FOR AN EMPLOYEE ASSISTANCE PROGRAM.
Carried unanimously.
AUCTION/ERNST & ASSOCIATES/RESOLUTION 1994-170 (15.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-170
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH ROGER ERNST & ASSOCIATES INC.
TO CONDUCT THE TOWN PUBLIC AUCTION OF SURPLUS AND UNCLAIMED
PROPERTY. Carried unanimously.
FINAL MAP/TRACT 8641/TOWNCOURT/RESOLUTION 1994-171 (16.32)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-171
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF
TRACT 8641. Carried unanimously.
DE SOTO DRIVE 350/OAK MEADOW NURSING CENTER/RESOLUTION 1994-172 (17.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-172
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO EXPAND AN
EXISTING SKILLED NURSING FACILITY BY CONSTRUCTING AN APPROXIMATELY
1300 SQUARE FOOT THERAPY ADDITION IN THE "O" (OFFICE) ZONE BY IMPOSING
ADDITIONAL CONDITIONS - CONDITIONAL USE PERMIT APPLICATION U-94-74 AND
ARCHITECTURE AND SITE APPLICATION S-94-48, which incorporates the Council's findings
and decision at its meeting of November 21, 1994. Carried unanimously.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
MAIN STREET E 33-35/A MATTER OF TASTE/APPEAL/RESOLUTION 1994-173 (18.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-173
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO EXPAND AND
OPERATE A RESTAURANT WITH THE SALE OF BEER AND WINE WITH MEALS IN
THE C-2-LHP ZONE WITH CONDITIONS CONDITIONAL USE PERMIT APPLICATION
U-94-16, which incorporates the Council's findings and decision at its meeting of November 21,
1994. Carried unanimously.
REDEVELOPMENT PLAN/CENTRAL LOS GATOS/ORDINANCE 1992 (19.49)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Ordinance 19 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1881
ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT
PROJECT, which was introduced at the Town Council meeting of November 21, 1994. Carried
unanimously.
OATH OF OFFICE FOR THE TOWN COUNCIL/RANDY ATTAWAY/JOANNE BENJAMIN
STEVEN BLANTON/CERTIFICATES OF ELECTION (XX.21)
Town Clerk, Marian Cosgrove, presented the reelected Councilmembers Randy Attaway, Joanne
Benjamin and Steven Blanton with Certificates of Election for the General Municipal Election held
November 8, 1994 and requested that the electees reaffirm their Oaths of Office.
INTRODUCTION OF REELECTED COUNCIL MEMBERS (XXX.21)
Mayor O'Laughlin introduced Randy Attaway, Joanne Benjamin and Steven Blanton as our reelected
Town Council members.
ROLL CALL OF NEW COUNCIL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Linda Lubeck and Mayor Patrick O'Laughlin.
Absent:None.
VERBAL COMMUNICATIONS
Water for the hillsides:
Jo Bartlett, 166 Oak Hill Way, thanked Council and staff for getting additional water pressure to the
hillsides for a fire safety measure.
HEARINGS
DRY CLEANING PLANTS/ZONING/RESOLUTION 1994-174/ORDINANCE INTRO (20.46)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
introducing an ordinance amending the Town Code to permit dry cleaning plants in commercial zones
and adopting a resolution establishing standard conditions for the approval of dry cleaning plants.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
HEARINGS CONTINUED
DRY CLEANING PLANTS CONT.
The following person from the audience addressed the Council:
Younan Kerim, 540 N. Santa Cruz, E-Z Cleaners, asked for Council's consideration of the zone
change.
Reggi Begly, 5851 Starboard Drive, Byron, representing Boewe Pasart manufacturers of German dry
cleaning machines, spoke of the safety of the new machinery.
No one else addressed Council on the issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council close the public hearing. Carried
unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.20.185 OF THE
TOWN CODE REGULATING CONDITIONAL USE PERMITS FOR DRY CLEANING
PLANTS IN COMMERCIAL ZONE. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1994-174 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING STANDARD
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMITS GRANTED FOR DRY
CLEANING PLANTS. Carried unanimously.
WEED ABATEMENT/OVERRULING OBJECTIONS/RESOLUTION 1994-175 (21.28)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
adopting resolution overruling objections and ordering abatement of weeds.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mr. attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1994- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF WEEDS AS A PUBLIC NUISANCE. Carried unanimously.
SOLID WASTE MANAGEMENT/GREEN VALLEY/PERFORMANCE AUDIT (22A.24)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
Green Valley Disposal Company Performance Audit.
The following people from the audience spoke to this issue:
Mark, 15049 Los Gatos Blvd., Social Services Related Affiliates, spoke of the help received from
Green Valley Disposal Company.
Andrew Palmisano, 702 More Ave, addressed the review and findings and asked when they might be
implemented.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
HEARINGS CONTINUED
SOLID WASTE MANAGEMENT CONT.
Speakers continued:
Gerard Wen, representing Green Valley Disposal Company, 573 University Ave., spoke of staff
recommendations as being acceptable to the company except for Item #3, the acceptance of the
performance audit report relating to operating ratio recommendations. Correspondence received today
reopened an item which was considered resolved. The balancing account needs to be reconsidered.
The rate review committee and the other three jurisdictions will be working with Green Valley in
setting up a time table allowing for the implementation of the various recommendations, such as
standardized cans and the fully automated service etc.
Mrs. Lubeck noted that Council had received a desk item referring to Mr. Wen's concern.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that the Council accept the performance audit
report except for the operating ratio recommendations and note that Council had received a desk item
on this subject. Carried unanimously.
SOLID WASTE MANAGEMENT/GREEN VALLEY/REFUSE COLLECTION/BASE RATE
(22B.24)
Informational item concerning the base rate of GVDC collection services was received and filed.
SOLID WASTE MANAGEMENT/PROGRAMS/RATE STRUCTURE FACTORS (22C.07)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
solid waste management issues regarding solid waste management programs and rate structure factors.
The following people from the audience spoke to this issue:
Alan Young, 17601 Foster Rd, Environmental Task Force at the Methodist Church, spoke of the
environmental options to straight trash collection.
Bill Phillips, 102 Abby Wood Ct., representing the Los Gatos Woods Homeowners Assn., spoke of the
inequities of paying a gardener to dispose of green waste and also paying a flat Green Valley rate for
pick up service of the same green waste.
Don Gaskin, 105 Henning Crt., representing Courtside Homeowners, spoke of the duplication of
effort and expense with the garden waste pick up.
Ray Power, 17652 Tourney Road, asked that yard waste be a variable program. He composts and
does not have yard waste. Some people cannot compost and they should pay for the service.
George Howington, 259 Kensington Way, agrees with the mandated program but does not agree with
the huge increase in cost.
Elaine Chroust, 162 Euclid Ave., spoke in favor of the new program and the need to control the waste
stream. Spoke of the mini can option and the reward for setting out less waste.
Andrew Palmisano, 702 More Ave, agreed with previous speakers and addressed the problem of
fixed incomes and this large increase.
Mark Vermal, 15049 Los Gatos Blvd., spoke of recycling center efforts.
No one else from the audience addressed this issue.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
HEARINGS CONTINUED
SOLID WASTE MANAGEMENT CONT.
Council Comments:
Mrs. Benjamin suggested required recycling at the landfill.
Mrs. Lubeck noted the need for phased in rate increases and a program which would benefit the whole
town in an equitable manner.
Mr. Blanton mentioned the 5% populace that does compost and recycle and suggested that incentives
for them would not jeopardize the rates for the overall program.
Mr. O'Laughlin commented on the mini can option as an incentive to those practicing conservatism.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, to continue this portion of the public hearing to
January 3, 1995. Carried unanimously.
NONDISPOSAL FACILITY ELEMENT/COUNTY WIDE/RESOLUTION 1994-176 (23.07)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
adoption of a resolution adopting the County of Santa Clara Countywide Nondisposal Facility
Element.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to close the public hearing. Carried
unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1994-
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE COUNTY OF
SANTA CLARA COUNTYWIDE NONDISPOSAL FACILITY ELEMENT PURSUANT TO
PUBLIC RESOURCES CODE SECTION 41730 ET SEQ. and include the comment from Council
that this requirement and action is simply more bureaucratic red tape. Carried unanimously.
SOUTHBAY CABLEVISION/INTERMEDIA PARTNERS/TRANSFER (10.24)
William Haggerty, Executive Vice Pres. & General Manager of Southbay Cablevision, 3450 Garrett,
Santa Clara, spoke of being out of town when the report and resolution were prepared and would like
to discuss some of the conclusions in the report with staff.
Larry Anderson, Town Attorney, noted that language addressing both sides of the issue could be
drawn up. Late fees will be addressed and the cable company's need to reasonably raise fees.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that this item be returned to Council January 3,
1995, so that Mr. Anderson and Mr. Haggerty may work on mutually acceptable language. Carried
unanimously.
CUPOLA SITE/OAK MEADOW PARK/PARK COMMISSION (24.44)
The following people from the audience spoke to this issue:
Susan Landry, Landscape Architect, spoke of the project and the location of the far Northwest corner
of Oak Meadow Park, making it a visibly prominent monument and a useful addition to the park with
good circulation.
TC:D6:MM120594
December 5, 1994
Los Gatos, California
HEARINGS CONTINUED
CUPOLA SITE CONT.
Speakers continued:
Alrie Middlebrook, 140 Wissahickon Ave., supports the restoration of the cupola and the temporary
location at Oak Meadow Park. She urged the master planning of the town plaza and the possible
inclusion of the cupola in that plan for a variety of historical reasons.
Jack Christianson, 110 Lancewood Place, noted the cost of placing the cupola at Oak Meadow.
Andrew Palmisano, 702 More Ave, asked the source of funding for the project.
Mr. LaRocca, Parks, Forestry and Maintenance Director, mentioned the Santa Clara Parks Charter
Fund for the restoration funds, and the town as responsible for continued maintenance. William York,
203 Palmer Drive, spoke to the temporary nature of the cupola placement.
Emerald Hathaway-Bush, 174 Villa Ave., supported the restoration and temporary location at Oak
Meadow Park and consideration of replacement at the Town Plaza after a comprehensive Town Plaza
Master Plan has been adopted.
Jason Farwell, 121 Laurel Ave., agreed with permanent placement at the Town Plaza.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council approve the Park Commission
recommendation for cupola site location at Oak Meadow Park. Carried unanimously.
TOWN COUNCIL MEETING SCHEDULE/1994-1995 (25.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to revise the Town Council Schedule for
1994-95 Fiscal Year cancelling the December 19, 1994 Council meeting. Carried unanimously.
Consensus of Council to consider holding the Commission, Committee and Board Study Sessions on
one Saturday rather than on many alternate Mondays for reasons of economy, clarity, organization and
public convenience. Staff will bring dates back to Council for consideration January 3, 1995.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
10:02 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC:D6:MM120594