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M06-03-13 Town Council Meeting 6/17/13 Item #1 b MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING JUNE 3, 2013 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 3, 2013 , at 7:00 P.M. CLOSED SESSION Closed Session began at 5 :3 0 p.m. MEETING CALLED TO ORDER The meeting was called to order at 7:00 p.m. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steve Leonardis, Council Member Marcia Jensen, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE Olivia Leonardis, Louise Van Meter Elementary School , led the Pledge of A llegiance. The audience was invited to participate. PRESENTATION S 2013 Youth Friendly Business of the Year - Café de Flore  Youth Commission Cha i r, B en B arano v sky , presented t he Y outh Friendly Business a ward to Café de F lore . Outgoing Student Commissioners  Chief Seaman presented Commendations to outgoing Youth Commissioners, Be n Baranovsky and Zaul Moayedian . CLOSED SESSION REPORT PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Manager Title: Town Attorney CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator: Rumi Portillo, Human Resources Director Unrepresented Employee: Town Manager Unrepresented Employee: Town Attorney Ms. Propp stated that Council met in Closed Session, no action was taken, and there were no items to report. TOWN COUNCIL 2 COUNCIL/TOWN MANAGER REPORTS Council Matters - There were no Council Matters for this meeting. Manager Matters - Announced that there will be an Affordable Housing Overlay Zone (AHOZ ) Neighborhood Outreach M eeting on June 4, 2013, at 6:30 p.m. in the Council Chambers . - Announced that the Solid Waste Advisory Committee Meeting will be held on June 5 , 2013, at 7 p.m. at the Police Operations Building . - Announced that Music in the Park begins June 16 , 2013. CONSENT ITEMS 1. Approve Council minutes of May 20, 2013 . 2. Adopt a resolution approving the Town off Los Gatos Fiscal Year 2013/14 Operating Budget And FY 2013/14 - FY 2017/18 Capital Improvement Program (CIP), New Appropriations, and other approved adjustments and minor corrections 3. Student Commissioner Appointments 4. Approve Town Council Meeting Schedule for 2013/2014 Fiscal Year 5. Adopt resolution establishing the Fiscal Year 2013/14 GANN Appropriations Limit for the Town of Los Gatos 6. Adopt resolution make determinations and approving the reorganization of territory designated as Shannon Road No. 26, containing approximately .44 acres located at 16560 Shannon Road (APN 532 -04 -001). File #AN13 -001 7. Authorize the purchase of License Plate Recognition Systems for Parking Enforcement a. Formal competitive bidding for the purchase of the License Plate Recognition Systems for parking enforcement is suspended and b. Auth orize the Town Manager to execute an agreement with Sentry Control Systems for the purchase of License Plate Recognition Systems for parking enforcement 8. PPW Job No. A13 -002 - Map, Topography, and Survey Peer Review Consultant Services Authorize the Town Manager to execute an amendment to the agreement between the Town of Los Gatos and Sierra West Land Surveying, Inc. for two additional years to perform continued Map, Topography, and Survey Peer Review Services in the Town of Los Gatos on an on -call b asis for private development projects 3 Consent Items – Continued 9. PPW Job No. A13 -003 - Map, Topography, and Survey Peer Review Consultant Services Authorize the Town Manager to execute an amendment to the agreement between the Town of Los Gatos and Freyer & Laureta Inc. for two additional years to perform continued Map, Topography, and Survey Peer Review Services in the Town of Los Gatos on an on -call basis for private development projects 10. Authorize the Town Manager to execute an amendment to t he agreement between the Town of Los Gatos and Siemens Industry, Inc. through June 30, 2014 to provide services for Underground Utility Locating Requests MOTION: Motion by Council Member Marcia Jensen to approve the Consent Items 1 -10. S e conded by Vice Mayor Steven Leonardis . VOTE: Motion passed unanimously . VERBAL COMMUNICATIONS N o one spoke under verbal communications at this meeting . PUBLIC HEARINGS 11. Planned Development Application PD -12 -001; Architecture and Site Application S - 12 -078; and Environmental Impact Report EIR -12 -003. Project Location: 90 -160 Albright Way and 14600 Winchester Boulevard. Property Owner: LG Business Park, LLC. Applicant: John R. Shenk a. Consider a request to modify the existing planned development to allow for redevelopment of the existing site with up to 550,000 square feet of new office/R&D buildings and approval to construct the improvements represented in the Planned Development on property zoned CM:PD. APNS 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, and 063 b. Consider a request for Architecture and Site approval for the proposed project c. Consider Certification of an Environmental Impact Report and Mit igation Monitoring and Reporting Program (Continued from 5/20/13, Item 7) Mayor Spector advised this is a continued Public Hearing . 4 Public H earing Item #11 – Continued Jef f L oughridge - Commented against the proposed project. Joe Clark did not come forward when called. Douglas McNeil - Commented against the proposed project . Joseph G emignani - Commented against the proposed project . E ri k Eastland - Commented against the proposed project. Terr y McB riarty - Commented against the proposed project. Bruce Har ison - Commented against the proposed project. Joe C rummet t - Commented in support of the proposed project. Phil A l banese - Commented in support of the proposed project. Dave Bohn did not come forward when called. Sandy Decker - Commented against the propos ed project. Bob Shep e rd - Commented i n support of the proposed project. Pierl uigi Oliverio did not come forward when called . Tricia Capri - Commented in support of the proposed project. The applicant, Jon Shenk, spoke. Mayor Spector closed the Public Hearing 5 Public H earing Item #11 – Continued Council Comments - Council members disclosed that they met with the developer, several residents , Netflix , the Chamber of Commerce, and have continued to read e -mails received. - Council Member Pirzynski clarified his position on the V alle y Tran s port a tion A uth ority . - Questioned traffic impact improvements and the applicant’s involvement to help with mitigation. - Questioned the possibility to i nstall a “keep clear ” zone on L ark Avenue at Charter O aks . - Questioned the study of the light and gl are emitted from the property . - Questioned the footprint of the garage, the distance from the C harter O aks development , and if underground parking is an option. Mr. Rohani - C larified the d esign improvements for Lark Avenue and Winchester Boulevard . - C larified that the off -site traffic improvements are underway and Condition 101F of the Planned Development requires the applicant to do the restriping and extend the left turn lane on south bound Winchester Boulevard to east bound Lark Avenue. - Clarified that i t is possible to include a “keep clear ” zone at Charter Oaks and it could be included as a condition of approval or included as part of the traffic projects that are underway for that ar ea. Mr. Paulson - C larified the light and glare study was a photometric study of lighting that is on the site which found no significant effect on adjacent properties . - Clarified that the foo tprint size of the parking garage is 76,765 S quare F eet and has 955 spaces . Mr . Larson - C larified that C ondition 101F requires restriping of the road . Mr. Moose - C larified the EIR is adequate and legally defensible in court. - Clarified a supplemental analysis should be done as an addendum to the EIR if the applicant wanted to consider adding underground parking to the garage structure . 6 Public Hearing Item #11 – Continued MOTION: Motion by Mayor Barbara Spector to approve staff recommendations with all of the project approval actions specified on page 2 of the staff report , with the following modifications: 1) B ui ld in gs 1 and 4 would be limited to 50 feet maximum all inclusive of screening, mechanical and other accoutr e ments; 2) no freeway visible signage; 3) the garage would be limite d to 35 f ee t maximum all inclusive of solar panels, with underground parking possible with subsequent review; 4) The sq uare f oo t age for the entire office project would be limited to 485,000 square feet ; 5) There would be a requirement to provide “k eep clea r ” or equivalent markings and signage at the inters ection of Charter Oaks and Lark; 6) Accept applicant ’s offer for a community benefit of $1.00 per square foot of constructed office space and 7) D irection to require consulting architect review and approval of Architecture and Site modifications resulting from the changes to buildings 1 and 4 . Se conded by Council Member Marcia Jensen . VOTE: Motion passed 4 /1 . Vice Mayor Steven Leonardis voting no. OTHER BUSINESS None ADJOURNMENT The meeting adjourned at 9:35 p.m. Attest: /s/ Jackie D. Rose Interim Clerk Administrator