M06-17-13 Town Council Meeting 8/05/13
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
JUNE 17 , 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 17,
2013, at 7:00 P.M.
CLOSED SESSION
Closed Session began at 6:15 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
Katheri ne Callow, Alta Vista Elementary School, led the Pledge of Allegiance. The audience
was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 137 Bersano Lane, Los Gatos, APN 424 -29 -054
Negotiating parties: Town of Los Gatos by Negotiator: Greg Larson, Town Manager
Barbara Christmann, property owner
Under Negotiation: Terms
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED OR INITIATION OF LITIGATION
(Government Code Section 54956.9[d][2] AND 54956.9[d][4])
137 Bersano Lane, Los Gatos, APN 424 -29 -054
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Government Code Section 54956.9[d][4])
2 potential cases
- Judith Propp , Town Attorney, stated no action was taken on th e first two items. Council
authorized litigation in one case on the third item .
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Leonardis stated he attended meetings for West Valley Sanitation District and
West Valley Collection and Recycling Solid Waste Advisory Committee.
Manager Matters
- Announced that applications are still being accepted fo r the T ransportation and P arking
Commission .
- Announced the S pecial O lympics Torch R un is T hursday , June 20 th .
- Stated there are d esk items for items 1, 3, 5, and 12 .
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Town Council/Parking Authority June 17, 2013
CONSENT ITEMS
1. Approve Council minutes of:
a. May 28, 2013 Special Meeting
b. June 3, 2013
2. Annual renewal of agreement for services with t he Los Gatos Chamber of Commerce to
manage the Town’s Information Center and coordinate the Leadership Los Gatos
Program .
3. Authorize Town Manager to negotiate and execute lease agreement with Los Gatos
Museum Association for a portion of the former library space at the Civic Center .
4. Authorize the Town Manager to execute an agreement with the County of Santa C lara to
reimburse the County for the purchase of radio equipment from Motorola in an amount
not to exceed $200,000 .
5. Planned Development PD -12 -001; and Environmental Impact Report EIR -12 -003.
Project Location: 90 -160 Albright Way and 14600 Winchester Boul evard. Property
Owner: LG Business Park, LLC. Applicant: John R. Shenk. APNS: 424 -31 -053, 054,
063, 424 -32 -038, 045, 049, 054, 059, 060, and 063.
a. Adopt revised R esolution 2013 -024 certifying the Environmental Impact Report
for the project; and
b. Adopt O rdi nance 2216 rescinding Ordinances 1247,1366, and 1955 and
amending the Zoning Ordinance effecting a zone change from CM:PD to CM:PD
At 90 -160 Albright Way and 14600 Winchester Boulevard
6. PPW Job No. 11 -07 - Downtown Tree Light Replacement Project 411 -821 -2007.
Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of Siemens Industry, Inc. and authorize recording by the
Clerk Administrator .
7. PPW Job No. 12 -19 - FY 2012/13 Curb, Gutter, and Sid ewalk Maintenance Project 411 -
813 -9921 . Authorize the Town Manager to execute a certificate of acceptance and
notice of completion accepting the work of JJR Constructions, Inc. and authorize
recording by the Clerk Administrator .
8. PPW Job No. 13 -22 - Hillside Road Repair and Resurfacing Project 421 -811 -0007 .
Approve plans and specifications for Hillside Road Repair and Resurfacing project and
authorize staff to advertise the project for bid .
9. Adopt R esolution 2013 -025 of the Town of Los Gatos authoriz ing the Town Manager to
execute a Memorandum of Agreement for the Santa Clara County Recycling and Waste
Reduction Commission Technical Advisory Committee
Council Member Marcia Jensen pulled Item #2 from the Consent Agenda and it will be
heard at the Aug ust 5, 2013, Council meeting.
Ms. Lee Quintana pulled Item #5 from the Consent Agenda.
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Town Council/Parking Authority June 17, 2013
Consent Items – Continued
MOTION: Motion by Vice Mayor Steven Leonardis to approve the consent items,
excluding items 2 and 5.
Se conded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Pulled Agenda Item #5
Planned Development PD -12 -001; and Environmental Impact Report EIR -12 -003. Project
Location: 90 -160 Albright Way and 14600 Winchester Boulevard
Opened the public hearing 7:17 p.m.
Ms. Lee Quintana
- Expressed concerns about parking reduction s which were not stated exp licitly in Council’s
motion.
- Questioned if there are implementation measures that would allow for change of the
landscaping plans and the parking space s .
Greg Larson , Town Manager
- Explained the parameters of the hearing .
- Clarified that the motion should include the desk item changes.
Ms. Jennifer Grewal
- Requested clarification on safety of the "keep clear" zone at Charter Oaks.
- Suggested that a signalized intersection at Charter Oaks be evaluated by a professional
traffic organiz ation .
Mr. John Shepardson
- Commented against the project .
Mr. Jeff Loughridge
- Requested clarification on conditions related to t raffic mitigation fee ; c ommunity b enefit ;
t raffic signal timing and synchronization ; w hat significant building occupancy mean s ; w hat
“substantially completed ” mean s ; restoration time.
Mr. Jak Van Nada
- Questioned why the Town decided to charge 57% of what other town s charge for road
impact fees , and why the garage square footage wasn’t included in the tot al for the
community benefit .
Ms. Anne Robinson
- Requested clarification on the revisions submitted by the applicant on May 20 r egarding the
balcony of Bldg 4 ; s creening bet ween the garage and Willow Hill C our t ; r elocation of t he
southern -most trash enclosure ; m echanical equipment height limitation , and the vehicle
circulation .
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Town Council/Parking Authority June 17, 2013
Pulled Consent Item #5 – Public Hearing Continued
Mr. Andy Wu
- Requested that the ordinance and architecture and site guidelines clarif y th at there will be
no increase of the footprint s in any of the four buildings as construction proceeds .
Closed the public hearing at 7:41 p.m.
Council M embers Q uestioned :
- T he value of the easements that are part of the appr oval and given to the developer .
- T he cost savings for t he maintenance of the easements .
- T he effect of the State Highway Code on any obligations the Town might have when the
easement converts from public to private .
- P ast precedence for easements and why the Town didn't opt to do an appraisal .
- The cost of replac ing and repa v ing for approximately two miles.
- Whether the items raised by speakers are ministerial that can be subject to review during
th e architecture and site process o r if they are a substantive change .
- H ow the $1 per square foot for the community benefit fee is calculated and whether it is in
addition to the traffic fee .
- I f staff determines a “keep clear” zone is not appropriate whether it w ould not have to b e
implemented.
Staff responses to questions raised by Council Members :
Greg Larson, Town Manager
- Clarified the streets would be vacated ; the Town does not own the streets , only an
easement solely for public access which would no longer be public access on those
properties. They would be come privately maintained streets , access and driveways, which
is the norm for planned developments at this time.
- Clarified th at the following two factors identified in the desk item would be the two future
cost avoidances :
o F uture maint enance obligation for the Albright Loop ;
o I nherent liability that comes with own ership with any public streets.
- C larified the desk item was to try to differentiate changes to the architecture and site
application that have already been directed by Council which will go to the consulting
architect for final review and approval. Any future changes that may be desired later that
haven't been subject to Council action would have to go back through the P lann ing
C ommission and Council process.
- Clarified t he issues raised by Ms. Quintana and Ms. Robinson will be part of the consulting
architect ’s review as the applicant goes through the process .
- Clarified the “keep clear” zone would not have to be implemented i f found to be unsafe, and
staff would return to Council for direction and discussion in that case.
- C larified there were no substantive changes to the project as a result of issues raised by the
speakers .
Judith Propp , Town Attorney
- Clarified that under the S treets and H ighw ay C ode, when a public agency v acates or
abandons an easement b ecause there's no reason for a public use anymore , the n that land
is transferred free and clear of its easements. If the Town files an abandonment or vacation
with Council's approval of the final map , then the underlying landowner owns that land, and
there is nothing for the Town to own or sell or negotiate.
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Town Council/Parking Authority June 17, 2013
Agenda Item #5 Staff Responses - C ontinued
- U nder state law it is not the Town’s land to value, the land remai ns with the underlying
property owner.
Kevin Rohani , Town Engineer
- Clarified there has not been any project in staff’s memory that would necessitate the
vacation of such easements.
- Clarified the Town has not determined the exact amount of maintenance cost savings for
the purposes of this project.
- Clarified the cost would be about $2.2 million to reconstruct 2 miles o f roadway with curb
and gutter on both sides .
Joel Paulson , Principal Planner
- Clarified that the community benefit is in addition to what is required of the project . A ny of
the other items included in the letters referenced in the performance standard can be list ed
in the ordinance if so directed.
MOTION: Motion by Council Member Marcia Jensen to adopt the resolution and
ordinance with the following modifications:
Modify Ordinance Section V, paragraph 47, SIGNS: There will be no
freeway visible signage
Accept t he two a ctions presented in the original staff report dated May
20, 2013 , with additional direction to staff as stated in the desk it em
dated June 17, 2013, listed below :
Staff will r eport back by the final map on the updated cost
savings to the Town for vacation of the public right -of -way
easement . Staff should explore whether an appraisal can be
acquired and , if so , that it would be p art of staff analysis.
Th at the changes suggested by p ublic comments related to the
revised architecture and site be considered by the consulting
architect as directed at the prior Council meeting of June 3,
2013.
T he “keep clear ” be implemented as appropriate as soon as
possible following the traffic safety st udy.
The C ommunity Benefit should explicitly add the specificity of
what the applicant offered.
Se conded by Vice Mayor Steven Leonardis.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. John Shepardson
- Recognized retired L os G atos H igh S chool teacher and wrestling coach, Scott Downs.
Mr. Tony Alarcon
- Requested that the Town consider open space are as throughout the Albright Way project
for public access .
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Town Council/Parking Authority June 17, 2013
PUBL IC HEARINGS
10. Abatement Of Hazardous Vegetation (Brush) Adopt resolution overruling objections and
ordering hazardous vegetation abatement (brush)
Kevin Rohani, Town Engineer, presented the staff report.
The public hearing was o pened and closed at 8:33 p.m. There were no speakers.
MOTION: Motion by Council Member Diane McNutt to overrule the non -existing
objection and order hazardous vegetation abatement: brush .
Se conded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
11. Landscaping an d Lighting Assessment Districts No. 1 & 2
a. Adopt R esolution 2013 -026 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Blackwell Drive Benefit Zone
b. Adopt R esolution 2013 -027 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Kennedy Meadows Benefit Zone
c. Adopt R esolution 2013 -028 confirming the diagram and asses sments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Santa Rosa Heights Benefit Zone
d. Adopt R esolution 2013 -029 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Vasona Heights Benefit Zone
e. Adopt R esolution 2013 -030 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment Di strict No. 1 - Hillbrook Drive Benefit Zone
f. Adopt R esolution 2013 -031 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 2 - Gemini Court Benefit Zone
Kevin Roha ni , Town Engineer, presented the staff report.
The public hearing was opened and closed at 8:3 5 p.m. There were no speakers.
MOTION: Motion by Vice Mayor Steven Leonardis to approved items 3 through 8
in the staff report and all applicable attachments.
Se conded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
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Town Council/Parking Authority June 17, 2013
Public Hearings – Continued
12. Consider introduction of an ordinance to add a new section XIII to Chapter 14 of the Los
Gatos Town Code entitled "Firearms Dealers Sale of Firearms and Ammunition" to
require a regulatory permit process for the sale of firearms and ammunition
Judith Propp , Town Attorney, presented the staff report.
Council Members Questioned :
- W hat can and cannot be talked about tonight .
- W hether land use regulations and the regulatory process will be cross referenced .
- I f the moratorium would be in effect until C ouncil approves land use regulations .
- Whether all the applicants ’ name s could be listed on the application.
- Whether there is a legal reason not to include an applicable land use permit with this
ordinance should the Town enact the requirement .
- C larified that the ad hoc committee is working simultaneously with the regulatory process
and has not e liminated the land use portion.
- T he 60 days of security video retention.
Staff responses to questions raised by Council Members :
Judith Propp , Town Attorney
- Clarified the issue before the council tonight is the regulatory requir e ments only, land use is
still under development and will proceed to P lann i ng Comm ission before coming to the
C ouncil for consideration .
- Clarified the moratorium would remain in effect until Council approves land use regulations.
- C larified that Council could modify and add language to the ordinance specifically to include
names of individual applicants, all partnerships or other business entities and every
individual who has an interest in the partnership or business entity.
- C larified the land use re strictions don't exist now and C ouncil would have to potentially
amend this ordinanc e if those regulations don't come to fruition if language was included
regarding land use .
Greg Larson , Town Manager
- C larified other jurisdictions were re viewed and the P olice D epartment recommended 60
days retention of security video .
- C l arified the regulatory permit could apply to existing business es .
O pened the public hearing at 8:55 p.m.
Amy Goldsmith
- T hanked Council for their attention to the matter .
Public Hearing Item #12 - Continued
John R e ily
- Commented on Templar Sports .
Benjamin Cog a n
- Spoke against the ordinance.
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Town Council/Parking Authority June 17, 2013
Public Hearing Item #12 - C ontinued
Michael Payne
- Spoke against the ordinance.
Gloria Strong
- Spoke against the ordinance.
Hans Jo h sens
- Spoke against the ordinance.
Nicky McAllister
- Spoke in favor of the ordinance.
Don Wolf
- Spoke against the ordinance.
Alexand e r Malcolm
- Spoke against the ordinance.
Ted Simpson
- Spoke against the ordinance.
Julie Maia
- Spoke in favor of the ordinance.
James Creighton
- Spoke in favor of the ordinance.
Robert Shackelford
- Spoke against the ordinance.
Jess Guy
- Spoke against the ordinance.
Khalil Varner did not come forward when called .
Robert Sutterfield
- Spoke against the ordinance.
Bonnie Williams
- Spoke against the ordinance.
Cindy Schneider
- Spoke in favor of the ordinance.
Lauri Pastrone
- Spoke in favor of the ordinance.
Deborah Weinstein
- Spoke in favor of the ordinance.
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Town Council/Parking Authority June 17, 2013
Public Hearing Item #12 - Continued
Scott (no last name provided)
- Spoke against the ordinance.
Chris Potter
- Spoke in favor of the ordinance.
Jeff Klop otic
- Spoke against the ordinance.
Chris Giangreco
- Spoke against the ordinance.
Dominic D e Carlo
- Spoke against the ordinance.
Brad Seifers
- Spoke against the ordinance.
Brett Johnson
- Spoke against the ordinance.
John Shepardson
- Spoke in favor of the ordinance.
Maggie Creighton
- Spoke in favor of the ordinance.
Thang Nguyen
- Spoke against the ordinance.
Andy Wu
- Spoke in favor of the ordinance.
T he public hearing was closed at 10:15 p.m.
MOTION: Motion by Vice Mayor Steven Leonardis to wa ive the reading and
introduce the ordinance. Amendment by Mayor Barbara Spector that
the principles of the partnership and the shareholders of the corporation
be identified on applications for permits .
Se conded by Council Member Marcia Jensen .
VOTE: Motion passed unanimously.
Jackie Rose, Interim Clerk Administrator, read the title of the ordinance.
OTHER BUSINESS
None.
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Town Council/Parking Authority June 17, 2013
ADJOURNMENT
The meeting adjourned at 10:26 p.m.
Submitted by: Attest:
/s / Shelley Neis, Deputy Clerk /s/ Jackie D. Rose, Interim Clerk Administrator