M 11-21-94TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
November 21, 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, November 21, 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.
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) to discuss Pending Litigation
regarding Pachal v. Town of Los Gatos, Santa Clara County Superior Court Case 732487. The
demand and settlement was discussed in this personal injury case.
Pursuant to Government Code Section 54957, Council met to discuss a Personnel matter regarding
Town Manager Evaluation. This was continued to a future date.
Pursuant to Government Code Section 54957, Council met to discuss a Personnel matter regarding
Town Attorney Evaluation. This was continued to a future date.
FRIENDS OF BELGATOS PARK/APRIL MAITLEN/DONATION (00.27)
Mayor Attaway accepted a donation of $3,500 from April Maitlen, representing Friends of Belgatos
Park. Mrs. Maitlen presented the check and thanked the many volunteers who helped refurbish this
park, including the Park Commission, the Trails and Bikeways Committee, local Service Clubs and
local Boy Scout Troops.
NATIONAL FAMILY WEEK/FAMILY SERVICES ASSOCIATION/COMMENDATION (000.43)
Mayor Attaway presented a commendation to Meg Basinski on behalf of the Family Services
Association of Santa Clara Valley for their work in the Los Gatos community. Ms Basinski was
present to receive this honor and thanked the Town for the commendation.
APPOINTMENT OF MAYOR
Mayor Attaway thanked the Town for his past year as Mayor and spoke of the honor he felt while
serving. He then called for nominations for this year's Mayor.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council elect Patrick O'Laughlin as
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Mayor of Los Gatos for the year 1995. Carried unanimously.
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APPOINTMENT OF VICE MAYOR
Newly elected Mayor O'Laughlin thanked Council for the honor of serving as this year's Mayor and
asked for Steve Blanton to serve as Vice Mayor for the year 1995.
Motion by Mayor O'Laughlin, seconded by Mr. Attaway, that Council elect Steve Blanton to serve
as Vice Mayor for the year 1995. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed. Dave
Knapp, Town Manager, noted that the hearing on November 22 & 29, 1994 is an Administrative
hearing and not a Council hearing.
PAYROLL RATIFICATION/OCTOBER 1994 (02.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the check register for the
payroll of October 23 through November 5, 1994 paid on November 11, 1994 in the amount of
$212,957.13. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/NOVEMBER 1994 (03.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on November 4 and November 11, 1994 in the amount of
$458,553.30. Carried unanimously.
MINUTES OF NOVEMBER 7, 1994 (04.V)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the Minutes of
November 7, 1994 as submitted. Carried unanimously.
CLAIM REJECTION/MARIE CECILIANI (05B.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council reject claim of Marie Cecilani
filed October 17, 1994 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/EUREKABANK (05C.01)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council reject claim of EurekaBank
alleging breach of an option agreement. Carried unanimously.
CHAMBER OF COMMERCE/SECURITY COSTS/CARNAVAL DE LOS GATOS (06.23)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept and file report on request
from Chamber of Commerce for Town to waive $1,015.20 in security costs for the 1994 Carnaval de
Los Gatos. Carried unanimously.
9423 PROJECT/TREE PRUNING/BID AWARD/RESOLUTION 1994-156 (07.35)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-156
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERTS TO
COMPLETE PROJECT 9423 TREE PRUNING, awarding BID and approving increase in scope
of project. Carried unanimously.
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TRANSIT ASSIST/GRANT/EXPANDED SERVICES (08.19)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council amend the Community Services
Department's Transit Assist program FY 1994-95 Operating Budget to Incorporate Part III Grant from
Santa Clara County Transit District (SCCTD) as appears in the staff report. Carried unanimously.
HIGHWAY 85/CELEBRATION/BUDGET ADJUSTMENTS (09.40)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report on Highway 85
Celebration and authorize budget adjustments as appear in staff report. Carried unanimously.
SOLID WASTE MANAGEMENT/PUBLIC EDUCATION FORUM (10.07)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept and file informational
report regarding the Solid Waste Management Public Education Forum addressing the expanded
recycling program and proposed increased refuse rates. Carried unanimously.
WESTERN FOOTHILLS/PLANNING PROJECT/GRANT APP/RESOLUTION 1994-157 (11.47)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-157
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE CITY OF
MONTE SERENO AS LEAD AGENCY TO FILE A GRANT APPLICATION ON BEHALF OF
THE TOWN WITH THE ASSOCIATION OF BAY AREA GOVERNMENTS TO
UNDERTAKE A COMPREHENSIVE SUB-REGIONAL PLANNING PILOT PROJECT TO
STANDARDIZE THE REVIEW OF PLANNING PROJECTS IN THE WESTERN
FOOTHILLS OF SANTA CLARA. Carried unanimously.
POSITION AND CLASSIFICATION/RESOLUTION 1994-158 (12.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-158
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN FOR FISCAL YEAR 1994-95. Carried unanimously.
MANAGEMENT COMPENSATION PLAN/RESOLUTION 1994-159 (13.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-159
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MANAGEMENT
COMPENSATION PLAN FOR FISCAL YEAR 1994-95. Carried unanimously.
CONGESTION MANAGEMENT/SANTA CLARA COUNTY TRANSIT DISTRICT
ADMINISTRATION/RESOLUTION 1994-163 (15.40)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-163
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SANTA
CLARA COUNTY TRANSIT DISTRICT AS THE AGENCY RESPONSIBLE TO DEVELOP,
ADOPT, UPDATE, ADMINISTER AND ENFORCE A CONGESTION MANAGEMENT
PROGRAM FOR SANTA CLARA COUNTY AND APPROVING A JOINT POWERS
AGREEMENT FOR THE ADMINISTRATION OF THAT PROGRAM. Carried unanimously.
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MAIN STREET W 300/DEMOLITION/MORTUARY STRUCTURE/RESOLUTION 1994-164
(16.09)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-164
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO DENY A REQUEST TO MERGE TWO LOTS
INTO ONE LOT, THEN TO FURTHER SUBDIVIDE THAT LOT INTO FOUR LOTS, AND
TO PARTIALLY DEMOLISH AN EXISTING MORTUARY STRUCTURE TO PERMIT ITS
CONVERSION INTO A SINGLE-FAMILY RESIDENCE ON PROPERTY IN THE R-1-D
ZONE SUBDIVISION APPLICATION M-94-8 ARCHITECTURE AND SITE APPLICATION
S-94-44, which incorporates the findings and decision of the Town Council at its meeting of
November 7, 1994. Carried by a vote of 4 ayes. Mrs. Benjamin abstained.
HEARINGS
DE SOTO DRIVE 350/SKILLED NURSING FACILITY/APPEAL (17.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision to approve request to expand an existing skilled nursing
facility by constructing an approximately 1300 square foot therapy addition in the "O" (Office) Zone,
Conditional Use Permit Application U-94-74 and Architecture and Site Application S-94-48. Property
located at 350 De Soto Drive. Property Owner: Beverly Enterprises (Oak Meadows Nursing Center).
The following people from the audience spoke to this issue:
Rob Pratt, Project Manager for Beverly Enterprises, 8200 Kirkpatrick Road, Sweet Idaho, spoke of
addressing the issues mentioned in the appeal.
Ludwik Bednarz, 311 De Soto Drive, spoke of the reasons for his appeal of this project.
Phil Cochee, representing Green Valley, spoke of the hours of pick up in contract and explained that
the company would be willing to work with the neighborhood for a solution to the problem.
Greg Maedo, 3001 Redhill Ave., Costa Mesa, Architect, spoke of a noise study which certified
compliance and the plan to construct a screen shielding the equipment on the roof.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council grant the appeal with the
following two conditions: 1) There shall be no deliveries to the hospital prior to 8:00 a.m. or after
5:00 p.m. 2) All roof mounted mechanical equipment shall be baffled and screened to reduce noise
and visual impacts from the adjacent residential neighborhood. Certification that the noise reduction
efforts will meet the Town's noise ordinance shall be submitted by a noise consultant qualified to
make such report. That Council shall also request that Green Valley work with the facility and
neighborhood and limit garbage pickup to after 8:00 a.m. Carried unanimously.
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HEARINGS CONTINUED
MAIN STREET E. 33-35/A MATTER OF TASTE/APPEAL (18.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision to approve request to expand and operate a restaurant with
the sale of beer and wine with meals in the C-2-LHP Zone. Conditional Use Permit Application U-94-
16. Property Located at 33-35 E. main Street. Property Owner: Stephen Hoo. Applicant: Elizabeth
Brost/A Matter of Taste.
The following people from the audience spoke to this issue:
Libby Brost, 35 E. Main Street, appealed the traffic mitigation fees associated with this project.
Steve Hoo, 10130 Lockwood Drive, Cupertino, explained how the seat transfer would work, and the
hours of operation, and how he believed there would be no additional impact.
Joe Hargett, 95 Church Street, spoke in favor of this proposal.
Shirley Henderson, owner of the Antiquarium on Main Street, asked for support of this request.
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. Blanton, that Council uphold the Planning
Commission's decision and approve the application for the following reasons: Traffic mitigation fees
have been paid by all applicants since 1988; In being "Fair" to all applicants these fees cannot be
waived; These fees are appropriated to the Capital Improvement Fund for the maintenance of all
Town streets; Those applicants causing additional traffic contribute to improving the community;
Two separate Conditional Use Permits remain with the properties and cannot be merged by
transferring the seats from one permit to the other; Current ownership cannot be tied to a Conditional
Use Permit; Expansion of restaurants downtown needs to be controlled and applicants must pay their
fair share; Conditional use #6 should read "Beer and wine may be served only with meals". Carried
unanimously.
GREEN VALLEY DISPOSAL FRANCHISE/PERFORMANCE AUDIT/HEARING (19.24)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider
Green Valley Disposal Company Franchise Performance Audit.
The following people from the audience spoke to this issue:
Scott Hobson, of HF&H, 39350 Civic Center Drive, Fremont, presented an analysis of the report
prepared by his firm for the West Valley jurisdictions participating in the Franchise Agreement.
Paul Eisenhardt, of Barakat & Chamberlin, Oakland, representing Green Valley, presented their view
and analysis of the franchise.
Cindy Kline, of Barakat & Chamberlin, addressed the analysis by HF&H as a representative of Green
Valley. She submitted a letter from Green Valley for the record.
Dennis Varni, Green Valley Disposal, suggested the attorneys discuss the regulatory issues before
determining the rates.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
GREEN VALLEY DISPOSAL FRANCHISE CONT.
Council Consensus that this item be continued to December 5, 1994, and suggests the Town Attorney
meet with the principles and discuss the regulatory issues and prepare a memorandum addressing the
options to Council. Mr. Anderson, Town Attorney, explained that Mr. Ribach was the lead Counsel on
this project and they would discuss it.
CLAIM REJECTION/JOAN SCHREINER/DAVID NAGLE (05A.01)
Joan Schreiner, 66 Pennsylvania Ave., told of the issues involved in repair of street and towing of her
car. She expressed her views regarding the need for sufficient notification.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council reject claim of Joan Schreiner
and David Nagle filed October 3, 1994 with the Town Clerk, and research an appropriate method of
mail notice to the residents when streets will be affected by town maintenance work, and place a
notice in the paper giving a tentative work schedule to heighten public awareness of the upcoming
project. Carried by a vote of 4 ayes. Mrs. Lubeck voted no.
LOS GATOS BOULEVARD WIDENING PROJECT/MADONNA CONSTRUCT/WILLDAN
ASSOC.
BRIAN KANGAS FOULK/RESOLUTIONS 1994-160, 1994-161, 1994-162 (14.35)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1994-160
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE CHANGE ORDERS FROM MADONNA CONSTRUCTION
COMPANY FOR LOS GATOS BOULEVARD WIDENING PROJECT, from $481,388 to
$545,288 plus a contingency of $10,000. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1994-161
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN LETTER OF AGREEMENT FOR PAYMENT TO BRIAN KANGAS
FOULK FOR PREPARATION OF PLANS AND FOR CONSTRUCTION STAKING FOR
THE LOS GATOS BOULEVARD WIDENING PROJECT, for $16,700 with a contingency of
$1,700. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1994-162
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO MODIFY AN AGREEMENT WITH WILDAN ASSOCIATES TO PROVIDE
PROJECT MANAGEMENT SERVICES FOR THE LOS GATOS BOULEVARD WIDENING
PROJECT, from $55,332 to $101,432 plus a contingency of $1,000. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the recommended action
regarding account adjustments as reflected in the staff report. Carried unanimously.
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LOS GATOS DOWNTOWN ASSOCIATION/ANNUAL REPORT (20.50)
The following people from the audience spoke to this issue:
Sandy Eddy spoke of the notice Los Gatos is receiving in the media and of the efforts going into the
beautification of the downtown area.
Joe Hargett spoke of the CAT EVENT to be held next year and the joint venture for steam cleaning
the downtown sidewalks.
Shirley Henderson supported the proposals in the staff report.
Emerald Hathway-Bush spoke of the reciprocal support the Arts Commission and the Downtown
Association have given each other.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to continue this item and that staff return
report to Council December 5, 1994 with recommendations. Carried unanimously.
REDEVELOPMENT PLAN/ORDINANCE INTRODUCTION
CENTRAL LOS GATOS REDEVELOPMENT PROJECT (21.49)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance 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. Carried unanimously.
MEETING SCHEDULE/1994-95/TOWN COUNCIL (22.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the revised Town
Council meeting schedule for the 1994-95 fiscal year. Carried unanimously.
CONGESTION MANAGEMENT/COMMITTEE REPORT (23.38)
Mrs. Benjamin announced Congestion Management hiring of the General Manager for the Transit
District who will be starting the beginning of January.
SMART VALLEY/COMMITTEE REPORT (23.28)
Mrs. Benjamin noted that she had the report from Smart Valley and that on line permitting would be a
helpful tool for the Town and Community.
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BADGER/GEO RESOURCE/COMMITTEE REPORT (23.28)
Mrs. Benjamin spoke of the coordinated program of geographic information available through Smart
Valley.
TRAFFIC AUTHORITY/OKA ROAD OVERPASS/COMMITTEE REPORT (23.38)
Mrs. Lubeck reported on the Oka-Mozart overcrossing contract bid schedule and that the Traffic
Authority will be working on a grant to connect the Mozart overcrossing to the Los Gatos Creek Trail.
ADJOURNMENT
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at
11:03 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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