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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 TC:D6:MM112194 Mayor of Los Gatos for the year 1995. Carried unanimously. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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. TC:D6:MM112194 November 21, 1994 Los Gatos, California 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 TC:D6:MM112194