M 03-03-97TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 3, 1997
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 7:33 p.m., Monday, March 3, 1997, in regular session.
ROLL CALL
Present:Randy Attaway, Steven Blanton, Jan Hutchins,
Linda Lubeck, and Mayor Joanne Benjamin.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Town Manager, David Knapp, reported that Council had met in Closed Session prior to this evening's
meeting pursuant to Government Code Section 54957.6, regarding Conference with Labor Negotiator.
The Town Negotiator and Assistant Town Manager, James Piper met and negotiated with Town
Employees' Association (TEA), and Confidential Employees. Town Negotiator met with Council
concerning settlement which appears in reports on tonight's agenda.
PRESENTATION/SUPERIOR COURT/ADMINISTRATION OF JUSTICE (00.44)
Leslie Nichols, Presiding Judge of the Superior Court, reported on matters related to the work of the
Superior Court and the Administration of Justice in Santa Clara County.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council approve the recommended action
concerning County Referrals:
REFERRAL LOCATION APPLICANT REQUEST
RECOMMENDATION
# 6520 Blackberry Hill Road Fishman Design Review
Approval/1 Condition
Building Site/Grading
# 6525 16200 Shannon Road Bainbridge Building Site
Approval/No Conditions
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# 4685 16260 Mireval Road Yip Building Site Approval/No
Conditions
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
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COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received as a desk item and filed.
PAYROLL RATIFICATION/JANUARY/FEBRUARY 1997 (05.V)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council ratify the check register for the
payroll of January 26, 1997 through February 8, 1997, paid on February 14, 1997, in the amount of
$293,913.26. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1997 (06.V)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on February 14, February 21, and February 28, 1997 in
the amount of $644,062.66. Carried unanimously.
MINUTES OF FEBRUARY 18, 1997 (07.V)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council approve the Minutes of February
18, 1997 as submitted. Carried unanimously.
TREASURER'S REPORT (08.V)
Informational report submitted by the Treasurer to the Council as of December 31, 1997, was received
and filed.
PLANNING COMMISSION/ELECTION OF CHAIRMAN AND VICE CHAIR (11.46)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council accept and file informational report
concerning election of the Chairman and Vice Chairman for the Planning Commission. Carried
unanimously.
ANNEXATION/LOMA STREET 3/RESOLUTION 1997-15 (12.14)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-15
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOMA STREET 3 TO THE
TOWN OF LOS GATOS. Carried unanimously.
TRACT 8280/VASONA HEIGHTS/LOS GATOS GLEN/RESOLUTION 1997-16 (13.09)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-16
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF VASONA
HEIGHTS--A CALIFORNIA LIMITED PARTNERSHIP--TRACT 8280--LOS GATOS GLEN--
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK.
Carried unanimously.
PROJECT 9620/LOS GATOS CREEK RETAINING WALL/RESOLUTION 1997-17 (14.35)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-17
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9620 - LOS GATOS CREEK RETAINING WALL
REPAIR. Carried unanimously.
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TOWN EMPLOYEES ASSOCIATION/COMPENSATION/RESOLUTION 1997-18 (15.10)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-18
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM
OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN
EMPLOYEES ASSOCIATION. Carried unanimously.
CONFIDENTIAL EMPLOYEES/COMPENSATION/RESOLUTION 1997-19 (16.10)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-19
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CONFIDENTIAL
EMPLOYEE COMPENSATION AND POSITIONS FOR FISCAL YEARS 1996-1997 AND
1997-1998. Carried unanimously.
PURCHASE OF PRINTER/FUND TRANSFER (16A.28)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council authorize transfer of $1,650 from
Account 4020-60500 to Account 4060-77000 for purchase of a printer. Carried unanimously.
VERBAL COMMUNICATIONS
Downtown Association
Shirley Henderson, speaking for the Downtown Association, asked that the banners be accepted by
the Town for placement and display downtown. The mayor asked for a staff report concerning this
request.
Downtown Parking
Michael Petteruti, Corinthian International Parking Company, 19925 Stevens Creek Blvd., Suite 126,
Cupertino. Spoke of his company's garage management, valet parking, traffic control, employee
parking program, and submitted information concerning this company for the record.
HEARINGS
UNIVERSITY AVE 50/OLD TOWN/THEATER APPEAL (17.09)
Mayor Benjamin announced that this was the time and place so noted to hold public hearing to
consider appeal od a Planning Commission decision approving a request for Architecture and Site
Approval to permit construction above the parking lot, and approval for the partial demolition and
rehabilitation of the Old Town Shopping Complex. Development plans include the demolition of an
existing building containing a restaurant, construction of a new commercial building adjacent to St.
Luke's Episcopal Church, expansion and reconstruction of the existing buildings, and construction of a
new commercial building across University Avenue with underground parking. Project Application
PRJ-96-162. Property location: 50 University Avenue. Property Owner: Old Town LLC, A
California Limited Liability Co. Applicant: Ed Storm. Appellants: Peri Frantz, Richard Billig,
Nancy Burbank, Megan Davidson, Stephanie Durston, Ada McDaniel.
Councilmember, Jan Hutchins, stated that he had studied his position concerning potential conflict of
interest with legal counsel, and had determined that it was appropriate for him to participate in this
hearing.
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HEARINGS CONTINUED
UNIVERSITY AVE 50/OLD TOWN/THEATER CONT.
The following people from the audience spoke to this issue:
Richard Billig, One Bayview, #12, appealed the Planning Commission decision. Spoke of the
amphitheater remaining on the property. He asked for Council's support in allowing for electricity,
plumbing, comfortable seating arrangement, storage facilities and changing rooms in this area.
Megan Davidson, 433 Alberto Way, #217, representing Friends of the Arts, asked that the theatre be
preserved for community use. She spoke of the citizens who are interested in the Art Commission's
Master Plan including a cultural center.
Peri Frantz, 16345 Englewood, asked that the General Plan be reconsidered to allow and plan for a
theater at this location even if it's just the amphitheater.
Randy Chen, 118 Edelen, is not in favor of the theater use but supports the rehabilitation of Old
Town.
Helen Gilespie, 130 Edelen Ave., not in favor of the theater use due to general growth of the valley
and the inability to provide sufficient parking for an expanded arts center.
Elizabeth Stewart, 124 Edelen was not in favor of the theater renovation due to traffic and parking
issues.
Janice Benjamin, 211 Alexander Ave., The Indian Store owner, does not support the theater concept
in the auditorium but prefers to see the amphitheater open for daytime activities. She supports the
preservation of the historical buildings and would like to see the project completed.
Nancy Burbank, 108 Belcrest Drive, Friends of the Arts, appealed the demolition of the Old Town
theater. Asked that the position of support for the arts be considered.
Diana Daughters, 1600 Marchmont Drive, in support of the Theater renovation.
Al Slutman, 119 Hillbrook Drive, not in favor of the renovation of the theater but supports the
renovation of Old Town.
Larrie Arzie, 18000 Overlook Road, asked that the project move along without the theater renovation
and he supported the current Old Town proposal.
David McKay, 205 Bacigalupi Drive, supports the renovation of the theater and lamented its demise.
Carol Lawnberger, 18527 Twin Creeks Road, Monte Sereno, asked to preserve the Old Town theater.
Karen Deloumi, 111 Johnson Hollow, in favor of the preservation of the theater.
Dorothy Weller, 121 Alberto Way, #B-121, in favor of theater preservation.
Sam Laub, 160 Central Ave., noted the landmark of Old Town as a tourist attraction.
Joanne Todd, 15755 Cannon Drive, in favor of the theater.
Lynn Kennedy, P.O. Box 2143, Los Gatos, appealed the plans of Old Town. The amphitheater is not
sufficient for productions as it is now situated especially considering the further plans of the freeway.
She asked for further thought to be given to the renovation of the amphitheater area. Sufficient
lighting, comfortable seating, poles and towers, prop storage space, toilet facilities, security for paid
patrons if rent is to be charged.
Eileen Barnes, 17055 Pine Ave., not in favor of the reconstruction of the Old Town Theater.
Maggie Creighton, 142 Tait Ave., not in support of refurbishing the Old Town theater. Spoke of night
time use of the amphitheater and asked that more thought be given to that area, limiting it to day time
use, or early evening use.
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HEARINGS CONTINUED
UNIVERSITY AVE 50/OLD TOWN/THEATER CONT.
Speakers continued:
Ed Storm, owner of the project, asked for point of order and procedure. Spoke of the thought and
consideration given to community concerns over a two year period of time. He mentioned the time
devoted to the Historical Committee so as to ensure the buildings were historically accurate. Spoke of
living up to all the high standards the Town had held him accountable for, and noted that the
amphitheater would remain with a wall for a back drop at the rear of the stage.
Richard Billig, One Bayview, #12, made closing statements addressing the viability of the
amphitheater area being amenable to theater use. He asked for a wall as a backdrop; provisions for
changing space provisions; and water and electricity.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council deny the appeal and uphold the
Planning Commission's decision and approve Architecture and Site Application PRJ-96-162 to
construct retail above a parking lot and the partial demolition and rehabilitation of the Old Town
Shopping Complex on property zoned C-2 LHP; this motion was amended by the maker and
seconder to include an addition to Condition Number 11, "To the satisfaction of the Planning
Director: The amphitheater shall remain as an amphitheater and shall include provisions for electrical
power and water and a back wall at the rear of the stage." Carried unanimously.
LOS GATOS BOULEVARD 15450/CARL'S JR/RESTAURANT APPEAL (18.09)
Mayor Benjamin announced that this was the time and place so noted for public hearing to consider
appeal of a Planning Commission decision denying a Conditional Use Permit for a fast food restaurant
and approval of a Minor Architecture and Site application for exterior changes on property zoned CH.
Project Application PRJ-96-137. Property location: 15450 Los Gatos Boulevard. Property owner:
Los Gatos Village Square Applicant: By the Bay Investments (Carl's Jr.) Appellant: Steve
Rosenfield.
The following people from the audience spoke to this issue:
Steve Rosenfield, 4340 Stevens Creek Blvd., spoke of the traffic study which did not show a negative
impact. He noted all the amenities of his restaurant which do not lend themselves to a fast food take
out concept. He felt that he had met all of the requirements for a restaurant in Los Gatos.
Harley McHugh, Los Gatos Blvd., wanted assurances that he would not have parking and debris
impacting his property. He did not want to be responsible for monitoring the impacts this restaurant
might trigger.
Larrie Arzie, 18000 Overlook Road, did not favor fast food or restaurant chains in Town.
No one else from the audience addressed this issue.
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HEARINGS CONTINUED
LOS GATOS BOULEVARD 15450/CARL'S JR/RESTAURANT/CONT.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Hutchins, to grant the appeal for a fast food restaurant on
Los Gatos Boulevard: After discussion these findings were added by the maker and seconder of the
motion: Traffic study does not show a change in the level of traffic in any of the major intersections
that were studied; Planning Commission did not have the proper latitude to make this decision due to
Town's fast food restaurant policy; The existing building does not resemble the style of a fast food
restaurant; The building is an existing and long empty building that will be put to good use; An
existing building will be used and new development will not be needed; Minimal signage will be
incorporated; There is community benefit in offering restaurants for families with young children,
especially those with play areas; Carl's Jr. is providing a safe and pleasant family environment and a
new facility for the children of this community; The area within a radius of 200 feet of the restaurant
will be monitored for litter; The hours of operation will be 6 a.m. to 10 p.m.; Council accepts the
recommended conditions of approval as shown in "Exhibit A" of the staff report with the change in
item #2 limiting the hours of operation from 6 a.m. to 10 p.m.; Proposal is harmonious with the
various elements and objectives of the General Plan; Proposal will not be detrimental to public health
safety or general welfare; Proposal does not impair the integrity or character of the zone; Proposal
provides restaurant use in an area that is designated for restaurant use. As this proposal relates to the
Los Gatos Boulevard goals and objectives: The use is desireable to public convenience and welfare
because it has historically been used as a restaurant and for food use and most recently the Carousel
Restaurant; The existing parking is adequate for the use; It maintains existing building; It is in
harmony with existing structures; The Los Gatos Boulevard Plan has at this point not changed the
usage in this area. Carried by a vote of 4 ayes. Mr. Attaway voted no, upholding the policy of no
additional fast food facilities in Los Gatos.
BAGGERLY FIELD/BLOSSOM HILL PARK/LITTLE LEAGUE FIELD (19.23)
Mayor Benjamin noted that this was the time and place so noted to consider Los Gatos Little League
request to name the Little League Field at Blossom Hill Park "Baggerly Field."
The following people from the audience spoke to this issue:
Bobbie Kramer, 240 Gregg Drive, asked who was Baggerly and why was the park being named after
him.
Blair Hansen, 17342 Grosvenor Court, President, Los Gatos Little League, gave the explanation
concerning Mr. Baggerly and his untiring help to the Little League.
Ken Rodrigues, 18495 Beck Ave., noted the logistics of the sign at the park and the appropriate size
and placement of the plaque.
No one else from the audience addressed this issue.
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BAGGERLY FIELD/BLOSSOM HILL PARK/CONT.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council endorse the naming of the Little
League Field at Blossom Hill Park "Baggerly Field" and approve the Parks Commission
recommendations with the following requirements set by Council: That Council allow for the
recognition of Mr. Baggerly in the placement of a plaque on the snack shop or behind home plate;
That the sign that is currently there be allowed to remain for a period not to exceed two years; When
the sign is removed the name may appear on the new Little League score board to be seen from both
sides; In the meantime the back of the scoreboard sign be painted forest green; That no further signs
be added to the outfield fence; That donors to the Little League can have their name displayed.
Carried unanimously.
GENERAL PLAN UPDATE TASK FORCE/CONSIDERATION (20.46)
Lee Bowman, Town Planning Director, noted that at Council work shop the idea of a task force was
brought up and asked to appear on a regular council meeting agenda for discussion and consideration
of a task force. This task force would meet for a limited period of time, with a limited number of
meetings, with a specific and limited agenda of considerations, and be sunsetted at a specific time.
This would be the first step in the revision of the General Plan. The State requests that the General
Plan be revised every five years. It was adopted in 1981, reviewed but not revised in 1985, and due to
other things occupying the time of staff and Council was not addressed in 1995. This task force could
become the first step in the final General Plan revision.
Mayor Benjamin would like the task force to come together before the summer vacations start. She
would like the application forms, job description and timeline to be worked on by Council so that
Council could review and revise their ideas before the March 17th meeting. She asked Council to
articulate questions they would like answered by applicants. Determining the stake holders in the
community and asking questions concerning their ideas and expectations of their neighborhoods was
to be considered. Actually having representatives of a constituency would be desireable, if Council
could be assured the representative was attempting and able to speak for a group. Reiterated: What is
this committee to accomplish? What questions should be asked on the application form? When
should they meet and for how long?
Council consensus to incorporate all Council input for a report on March 17, 1997.
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS/FILING ANNUAL REPORTS
BLACKWELL DRIVE BENEFIT ZONE/KENNEDY MEADOWS BENEFIT ZONE
SANTA ROSA HEIGHTS BENEFIT ZONE/VASONA HEIGHTS BENEFIT ZONE
HILLBROOK BENEFIT ZONE/GEMINI COURT BENEFIT ZONE/RESOLUTION 1997-20
(21.14)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-20 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT ENGINEER
TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH STREETS AND
HIGHWAYS CODE 22565 AND FOLLOWING, REGARDING LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT 1, BLACKWELL DRIVE BENEFIT ZONE,
KENNEDY MEADOW BENEFIT ZONE, SANTA ROSA HEIGHTS BENEFIT ZONE,
VASONA HEIGHTS BENEFIT ZONE AND HILLBROOK BENEFIT ZONE; AND
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 2, GEMINI COURT BENEFIT
ZONE OF THE TOWN OF LOS GATOS. Carried unanimously.
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AMICUS BRIEF/HOWARD JARVIS TAXPAYERS ASSOCIATION/CITY OF LA HABRA (09.01)
Motion by Mr Hutchins, 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 Howard Jarvis Taxpayers
Association v. City of La Habra, number 76-15-12 (Orange County Superior Court, August 12, 1996)
at no cost to the Town. Carried unanimously.
SOLID WASTE MANAGEMENT/JOINT POWERS AGENCY/FORMATION (10.09)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council conceptually approve formation of
a West Valley Solid Waste Joint Powers Agency; and direct staff to prepare a draft Joint Exercise of
Powers Agreement for Council consideration. Carried unanimously.
ADJOURNMENT
Motion by Mr. Hutchins, seconded by Mr. Blanton, that this evening's meeting be adjourned at 11:20
p.m., to a joint Town Council and Redevelopment Agency Meeting immediately following. Carried
unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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