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Council/Agency Meeting 11/21/11
Item #5
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT
AGENCY MEETING
NOVEMBER 7, 2011
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
November 7, 2011 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
CLOSED SESSION BEGAN AT 6:00 P.M.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven
Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector.
Absent: None.
PLEDGE OF ALLEGIANCE
The Library Happy Helpers led the Pledge of Allegiance. The audience was invited to
participate. The Happy Helpers presented a check to the Friends of the Library for the
new library. Mayor Joe Pirzynski complimented the Happy Helpers for their community
service.
PRESENTATIONS
Mayor Joe Pirzynski presented commendations to Marianne Hamilton and Valerie
Hopkins for their many years of volunteer work on Music in the Park.
Ed San Juan from the Los Gatos United Soccer League presented a donation in the
amount of $100,000 to the Town of Los Gatos for the Creekside Sports Park.
Mayor Joe Pirzynski stated that former Los Gatos Mayor Steve Glickman passed away
after fighting cancer. The Town will honor him at the November 21, 2011 Town Council
meeting.
Mayor Joe Pirzynski commented that Dave Flick unexpectedly passed away at the age
of 53. A slide show of Mr. Flick’s commercial and residential design work was shown to
the audience, which included members of Mr. Flick's family.
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CLOSED SESSION REPORT
Judith Propp, Town Attorney
Commented that Council took no reportable action on the closed session items.
TOWN COUNCIL REPORTS
COUNCIL/TOWN MANAGER REPORTS
TOWN COUNCIL MATTERS
Mayor Joe Pirzynski
- Commented that the Diane McNutt received the President’s Award from the Los
Gatos Community Foundation at the CATtilion Gala on November 5, 2011.
TOWN MANAGER MATTERS
Greg Larson, Town Manager
- Commented that the application deadline is December 8, 2011 for the
Transportation and Parking Commission, the Parks Commission, and the Building
Board of Appeals.
- Commented that Civic Center offices will be closed Friday, November 11, 2011 for
an unpaid furlough day.
Did You Know??
Scott Seaman, Police Chief
- Summarized various emergency preparedness efforts:
1. Establish emergency plans and drill preparation in local schools
2. Equip four neighborhoods with command centers
3. Designate evacuation routes
4. Create a community outreach database
5. Conduct CERT classes to educate the public about personal preparedness
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Los Gatos Creekside Sports Park
a. Accept donation from the Los Gatos United Soccer League in the amount of
$100,000 for improvements associated with the Los Gatos Creekside Sports Park
Project.
b. Authorize GFAR fund budget adjustment recognizing an increase in FY 2011/12
donation revenues of $100,000 and authorize a $100,000 expenditure
appropriation increase to the Los Gatos Creekside Sports Park Project #411-831-
4402.
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Consent Items - Continued
2. Approve the Memorandum of Understanding between the Town of Los Gatos and
the American Federal of State, County and Municipal Employees (AFSCME) Local
101, retroactive to September 1, 2011 and extending through June 30, 2013 and
authorize the Town Manager to execute the memorandum.
3. Planned Development Application PD-11-003. Project Location: 15055 & 15075
Los Gatos Boulevard. Property Owner/Applicant: William Hirschman & Elizabeth
Dodson Adopt an Ordinance to amend a Planned Development to convert existing
structures into commercial condominiums and allow uses permitted in the CH Zone
on property zoned CH:PD. APN 424-07-096.
4. Recreational Use Along Los Gatos Creek. Authorize the Town Manager to execute
an amendment to a lease agreement with the Santa Clara Valley Water District.
5. PPW Job No. 11-25 Contractual Custodial Services for Town Facilities Approve
plans and specifications for contractual custodial services for Town facilities and
authorize staff to advertise the project for bid.
6. PPW Job No. 11-22 Los Gatos Adult Recreation Center Siding Project 411-821-
2501 Authorize the Town Manager to amend the construction agreement with
Bogard Construction in the amount of $9,999.74 .
7. PPW Job No. 09-06 Los Gatos Library Project Outdoor Lighting 411-821-2501.
a. Authorize the Town Manager to execute a construction contract with Republic ITS
in an amount not to exceed $91,500
b. Authorize staff to execute future change orders to the construction contract as
necessary in an amount not to exceed $9,000
TOWN COUNCIL/REDEVELOPMENT AGENCY
8. Approve Council/Agency minutes of:
a. October 17, 2011
b. October 24, 2011 Special Meeting
MOTION: Motion by Council Member Barbara Spector to approve Consent
Items #1-8.
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS (Up to three minutes may be allotted to each
speaker to address matters that are not on tonight’s agenda.)
Ms. Rachfort
- Commented that Energy Upgrade California, a non-profit organization that helps
residents make energy efficient choices for their homes, will make presentations in
Los Gatos.
PUBLIC HEARINGS
9. Introduction of an ordinance for Planned Development Application PD-11-001 and
Negative Declaration ND-11-005 Project Location: 800 Blossom Hill Road. Property
Owner: American Baptist Homes of the West (ABHOW). Applicant: Dan Schneider.
a. Consider an amendment to a Planned Development to construct a new Memory
Services and Assisted Living Facility. APN 523-005-001
b. Consider adoption of Mitigated Negative Declaration and Mitigation Monitoring Plan
Suzanne Davis, Senior Planner, presented the staff report.
Mr. Schneider, Applicant
- Commented that the General Plan supports the proposed project and urged the
Town Council to approve the proposed project.
Open/Closed the Public Hearing
MOTION: Motion by Council Member Barbara Spector to accept the
Planning Commission’s findings and recommendations in the form
of meeting minutes (Attachment 6).
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Barbara Spector to adopt the
Mitigated Negative Declaration and the Mitigation Monitoring Plan
(Attachment 2)
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed unanimously.
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Public Hearing Item #9 - Continued
MOTION: Motion by Council Member Barbara Spector to adopt findings
supporting the zone change (Attachment 3) and to approve the
application subject the performance standards included in the
Planned Development Ordinance and introduce the ordinance of
the Town of Los Gatos effecting the zone change from RM:12 -
20:PD to RM:12-20:PD (Attachment 4).
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed unanimously.
10. Introduction of an Ordinance for Planned Development Application PD -11-004.
Project Locations: 15400 Los Gatos Boulevard. Property Owner/Applicant: SHP
Newark, LLC. Consider a request for approval to modify the existing Planned
Development Ordinance to remove the requirement that 8,500 square feet of the
ground floor space must be retail or restaurant on property zoned CH:PD. APN
424-15-045.
Joel Paulson, Senior Planner, presented the staff report.
Council Comments
- Questioned whether there was a mandate in any of the planning documents at the
time of Council’s decision in 2009 to require retail or restaurant space.
- Questioned the reasons that the Council in 2009 required a certain square footage
be designated for restaurant or retail.
Mr. Paulson
- Clarified that there was no mandate in the planning documents, but that there was a
lot of discussion about retail and that the vision for the Boulevard is for it to become
a pedestrian-friendly destination with restaurants and retail locations.
Mr. Dare, Applicant
- Commented that the Planned Development amendment is a policy decision.
- Commented that the applicant is not requesting a ch ange to the physical structure.
- Commented that a prospective single tenant wants to occupy the entire space.
Council Comments
- Questioned whether the proposed modification being requested is that the 8,500
square foot for restaurant or retail requirement be removed if a single tenant is able
to move in, but that in the future the requirement be reinstated if no single tenant
occupies the entire building.
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Public Hearing Item #10– Continued
Mr. Dare
- Clarified that the 8,500 square feet requirement for restaurant and retail would be
reinstated once any single tenant moves out.
Ms. Despars
- Expressed concerns about the proposed modification.
Mr. Fagot
- Expressed concerns about the proposed modification.
Council Comments
- Questioned whether the weeds near Carlton Drive are being abated.
- Questioned the timeline for the proposed project.
Mr. Dare
- Commented that there is a five foot public right-of way on Carlton.
- Commented that it will take about seven months to break ground.
Mr. Larson
- Commented that the graffiti on the fence that faces Carlton is the property owner’s
responsibility.
Closed Public Hearing
Council Discussion
- Commented that the economic environment has been challenging and that the
amendment would get this property moving forward instead of stagnating.
- Commented that the proposed modification keeps the door open for restaurant and
retail space in the future.
- Commented that approximately 31,000 square feet is already approved for medical
or dental office space.
- Commented that there are many types of businesses that can occupy retail space,
so a restaurant may not necessarily occupy the space.
MOTION: Motion by Council Member Diane McNutt to accept the report of
the Planning Commission's recommendation in the f orm of meeting
minutes (Attachment 3).
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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Public Hearing Item #10– Continued
MOTION: Motion by Council Member Diane McNutt to accept the report of
the Planning Commission's recommendation in the form of meeting
minutes (Attachment 3).
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
Council Discussion
- Commented that land use documents such as the General Plan, the Los Gatos
Boulevard Plan and various zoning ordinances do not mandate that a certain
amount of square footage be reserved for restaurant or retail; therefore, this
modification is a natural evolution of the project from its original approval.
- Commented that good land use decisions take into account a variety of
opportunities for use.
MOTION: Motion by Council Member Diane McNutt to waive the reading of
the zone change ordinance; to make the required findings
supporting a zone change amendment; and to introduce the
Ordinance to effectuate the zone change and to approve the
application subject to the additional requirements in Attachment 6.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
OTHER BUSINESS
There was no other business for this meeting.
ADJOURNMENT
The meeting adjourned at 8:20 p.m. in memory of Los Gatos resident and business
owner, Dave Flick.
Attest:
/s/Mazarin A. Vakharia
Clerk Administrator
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