M 03-17-97TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 17, 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 8:12 p.m., Monday, March 17, 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
Acting Town Attorney, Natalie West, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section, 54956.9(a) (Pending Litigation), to discuss
California, et al v. Rosendin Electric, In., et al. Council approved settlement of that matter which has
been negotiated by the Attorney General's Office, and authorized the Town manager to execute all
necessary documents.
Pursuant to Government Code Section 54956.9(b), (Threatened Litigation), to discuss Confederation
Life - Guaranteed Investment Contract (GIC) -- Settlement Options. Council gave further directions
to the manager to attempt to resolve this matter in a way that protects the Town's interests.
Pursuant to Government Code Section 54956.9(b), (Threatened Litigation), to discuss New Cities
Development Group - Tract 8911. There is no report at this time.
ARTS COMMISSION/APPOINTMENT/LYNN KENNEDY (00.20)
Mayor Benjamin announced that five applications from Vern Allie, Werner Baracker, Lynn Kennedy,
Robert King and Marlys Peters had been received for one vacancy on the Arts Commission. Voting
was held and Ms Kennedy was appointed to term ending July 1, 1999.
BOARD OF APPEALS/APPOINTMENTS/MICHAEL GRABILL/WAREN JACOBSEN (XX.20)
Mayor Benjamin announced that two applications from Michael Grabill, and Waren Jacobsen had
been received for two vacancies on the Board of Appeals. Voting was held and Mr. Grabill and Mr.
Jacobsen were reappointed to terms ending January 1, 1999.
COMMUNITY SERVICES COMMISSION/APPOINTMENT/JINA LEE (000.20)
Mayor Benjamin announced that one application had been received from Jina Lee for one vacancy on
the Community Services Commission. Voting was held and Ms Lee was appointed as a student
member for term expiring September 30, 1997.
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GENERAL PLAN COMMITTEE/APPOINTMENT/ELIZABETH SMITH (XXX.20)
Mayor Benjamin announced that two applications had been received from Elizabeth Smith and Bob
Swanson for one vacancy on the General Plan Committee. Voting was held and Ms Smith was
appointed for term expiring January 31, 2001.
LIBRARY BOARD/APPOINTMENT/MARY KING (XOX.20)
Mayor Benjamin announced that two applications had been received from Peter Hendricks and Mary
King for one vacancy on the Library Board. Voting was held and Ms King was appointed to term
expiring July 1, 1999.
PARKS COMMISSION/APPOINTMENTS/SHERRIE RICHTER/GARY SCHOLH (XXX.20)
Mayor Benjamin announced that four applications had been received from Ann Marie Johnson, Robert
King, Sherrie Richter and Gary Scholh for two vacancies on the Parks Commission. Voting was held
and Ms Richter and Mr. Scholh were appointed to terms ending April 1, 2001.
PRESENTATION/RED CROSS RECOGNIZING FIRST AID TRAINING (ZZ.20)
Mayor Benjamin received a plaque and commendation from the Red Cross commemorating the Los
Gatos Disaster Aid Response Team for being the first such organization in the United States to
complete the first aid training class. Dave Naumann and Barbara Ballou, representing the Red Cross,
congratulated the Town and the DART Team for their commitment to training and for the dedication
of the emergency response team.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council approve the recommended action
concerning County Referrals:
REFERRAL LOCATION APPLICANT REQUEST
RECOMMENDATION
# 4685 16260 Mireval Road Yip Building Site Approval/One
Condition
Carried unanimously.
PAYROLL RATIFICATION/FEBRUARY 1997 (03.V)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the check register for the
payroll of February 9, 1997 through February 22, 1997, paid on February 28, 1997, in the amount of
$297,662.66. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1997 (04.V)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the accompanying check
registers for accounts payable invoices paid on February 27 and March 7, 1997 in the amount of
$150,245.73. Carried unanimously.
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TREASURER'S REPORT (05.V)
Informational report submitted by the Treasurer to the Council as of January 31, 1997, was received
and filed.
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MINUTES OF MARCH 3, 1997 (06.V)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council approve the Minutes of March 3,
1997 as submitted, noting the correction to the agenda. Carried unanimously.
CLAIM DENIAL/ROBERT NYBLOM (07.01)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council deny the claim of Robert Nyblom
for alleged damage to personal property occurring on January 22, 1997. Carried unanimously.
TRAFFIC SIGNAL IMPROVEMENTS/ENGINEERING SERVICES/RESOLUTION 1997-21
(09.38)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-21 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS FOR
1997 TRAFFIC SIGNAL IMPROVEMENTS PROJECTS. Carried unanimously.
STREET RESURFACING/CONSULTING SERVICES/RESOLUTION 1997-22 (10.28)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-22 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH NICHOLS CONSULTING ENGINEERS FOR
STREET RESURFACING CONSULTING SERVICES FOR A CONTRACT AMOUNT OF
$40,000. Carried unanimously.
LOS GATOS BOULEVARD 15450/CARL'S JR RESTAURANT/RESOLUTION 1997-23 (11.09)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-23 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS GRANTING 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. Confirming the
Council's decision on March 3, 1997. Carried by a vote of 4 ayes. Mr. Attaway voted no as reflected
in previous record.
UNIVERSITY AVE 50/OLD TOWN/THEATER APPEAL/RESOLUTION 1997-24 (17.09)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-24 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF 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
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UNIVERSITY AVE 50/OLD TOWN/THEATER APPEAL/CONT.
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 MC DANIEL. Confirming the Council's decision on March 3,
1997. Carried unanimously.
VERBAL COMMUNICATIONS
Town Plaza Bell Tower
John Spaur, 1184 Longfellow Ave, Campbell, would like to receive the information regarding the
Town Plaza Master Plan earlier so as to be able to read it and make an informed presentation. He
would like the bell tower to remain and would like to gather public support to speak to this issue.
AMICUS BRIEF/SAN JOSE MERCURY NEWS V. CITY OF SAN JOSE (08.01)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize amicus brief participation
in San Jose Mercury News v. City of San Jose, Sixth Appellate District Court of Appeal, at no cost to
the Town. Carried by a vote of 4 ayes. Mr. Hutchins voted no, noting the media's and public's right
to know versus the agency's and employees' privacy considerations.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, that this evening's meeting be adjourned at 8:35
p.m. to a Joint Town Council/Redevelopment Agency Meeting immediately following. Carried
unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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