M 04-23-04Special Meeting-Sobrato Net FlixTOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
APRIL 23, 2004 / MINUTES
Los Gatos Civic Center
110 E. Main Street
Los Gatos, CA 95030
TIME ITEM ACTION ON ITEM
4:00
PM
TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the
Town of Los Gatos met in the Council Chambers of the Town Hall,
110 East Main Street, at 4:00 p.m., Friday, April 23, 2004, in a special
regular session.
4:01 ROLL CALL Present:Sandy Decker, Diane McNutt, Joe Pirzynski, Mike
Wasserman and Mayor/Chairman Glickman.
Absent:None
4:01 PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
4:02 COMMUNICATIONS VERBAL COMMUNICATIONS
4:02
PM
SPEAKER Ray Davis spoke of the need for a code of ethics in the Town. He also
enquired about the interest on redevelopment funds that the county
withheld from the school district.
Mayor Glickman and Mr. Pirzynski noted that the Council does
have a working policy committee that oversees the code of ethics for
the Town. Also noted that the Grand Jury report found that the actions
taken by the Town have been appropriate and that the County finally
did pay the correct amount to the schools.
4:07
PM
PUBLIC HEARING PUBLIC HEARING
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
ITEM 1
SOBRATO
DEVELOPMENT
Mayor Glickman announced that this was the time and place duly
noticed for holding a public hearing to consider modification of an
approved Planned Development relating to the allowed square footage
of office space on property zoned CM:PD. An Addendum to the
Environmental Impact Report will be prepared in accordance with the
California Environmental Quality Act. APN 424-32-068. Property
Owner/Applicant: Sobrato Development Companies.
4:07
PM
PUBLIC HEARING
CONTINUED
PUBLIC HEARING
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
4:08
PM
STAFF REPORT
14300
Bud Lortz, Community Development Director, spoke of the history of
this project with the following comments: On January 20, 2004
Council approved a Planned Development for 120,000 square feet of
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TIME ITEM ACTION ON ITEM
WINCHESTER
BOULEVARD
office R&D and 290 apartments, 51 of which are BMP’s;
Subsequently Netflix contacted the applicant about possibly occupying
the office buildings; Planning Commission considered this matter on
April 20, 2004 and recommended approval on a 5-1 vote; The
Commission made recommendation on items including building
height, lease conditions, wheel stops in parking garages, a freeway
sign, maintenance of community benefits, sidewalk along Winchester
and off haul of excess dirt from the site.
4:17
PM
SPEAKERS FOR
ITEM 1
SPEAKERS FOR ITEM 1
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
SPEAKER John Shenk, representing Sobrato Development Companies,
described the proposed changes to the office buildings as follows:
Buildings are extended toward the south; The main drive aisle was
made smaller; The landscape median is also smaller; Showed three
exhibits contrasting the January 2004 approved plans with the
proposed modified project; The increased height is to provide Netflix
with a “green building” as energy efficient as possible. He concurred
with the Planning Commission’s recommendation except for the
language on the lease as those negotiations are not yet complete. He
confirmed that a lease agreement will be provided prior to a building
permit.
5:04
PM
SPEAKER Dave Ferrar strongly recommended approval of the project noting:
Netflix adding vibrancy to community; Improtance of keeping Netflix
is Town; Unique opportunity for the Town; Environmentally friendly
building a great plus.
5:07
PM
SPEAKER Bob Shepard, realtor, spoke of Reed Hastings reviewing 65 different
locations for Netflix. Winchester is the preferred location and he
asked that Council assist in a successful application and assurance of a
project that will encourage economic vitality in the community.
5:12
PM
SPEAKER Ray Davis spoke of increased traffic and congestion, and asked how
this project will impact the quality of life for the residents of Los
Gatos.
5:15
PM
SPEAKER Julie SanJuan as a resident of Los Gatos, noted that she worked at
Netflix; enjoyed working and living in Town; raised her daughter in
Town; and was able to have her daughter attend local schools and
participate in local community activites. She hoped others would be
able to enjoy the same benefits.
5:15
PM
PUBLIC HEARING
CONTINUED
PUBLIC HEARING
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
5:16
PM
SPEAKER Lee Quintana, Member of the Planning Commission, asked Council
to consider the following elements of the project carefully: Additional
cubic yards of off-haul; Project construction impacts to community;
Proper review of hauling routes and mitigation of impact; and Review
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TIME ITEM ACTION ON ITEM
of CEQA concerns and compliance.
SPEAKER Denise Helm, representing Netflix, spoke of the consultants they have
hired to design a “green” building. They are looking at using an
evaporated cooling system and additional height is needed to
accommodate the rooftop equipment and the space between floors for
appropriate sized ducting and conduits.
5:22
PM
CLOSED PUBLIC
HEARING - ITEM 1
Mayor Glickman closed the public hearing on Item 1.
5:23
PM
COUNCIL
COMMENTS AND
CONSENSUS ON
ITEM 1
COUNCIL COMMENTS AND CONSENSUS
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
Council Comments & Consensus:
* Reaffirmed $50,000 contribution for community benefit
* Reaffirmed the installation of sidewalk when the light rail
connection is completed
* Accepting of the Planning Commission’s work and conclusions
* Town staff and applicant to work diligently on maintaining
previously approved building height
* City of Campbell will be kept abreast of any changes that may
impact them and be included in the plans for the off-haul
* Applicant will work with Town staff on the truck routes and all
mitigation methods for smooth construction work including:
Developed traffic plans; Use of flagmen; Time sensitivity to traffic
routes; Not traveling through residential zones
* The present project reflects fewer trips, and reduced bulk and impact
than what was covered in the EIR
* Sign would need to fit in architecturally on the southern elevation of
building “A” and could not eliminate any windows
* In general, as Netflix grows, Los Gatos’ sales tax will grow
6:08
PM
ITEM 1
COUNCIL ACTION
Council Consensus to accept informational documents as Addendums
I & II dated April 22, 2004 and April 21, 2004 submitted for this
evening’s Meeting of 4/23/04.
6:08
PM
PUBLIC HEARING
CONTINUED
PUBLIC HEARING
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
6:08
PM
ITEM 1
REQUIRED
FINDINGS
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council find
that this Zone Change is internally consistent with the General Plan
and its Elements. Also finding that the benefits of the project
outweigh the impacts of the project. And finally that the
Environmental Impact Report, EIR Addendum II Update, reflects the
latest iteration of this project. Carried by a vote of 4 ayes. Mrs.
Decker voted no.
6:22
PM
ITEM 1
READING
WAIVED
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Pirzynski, seconded by Ms McNutt, to waive the
reading of the Proposed Ordinance. Carried unanimously.
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TIME ITEM ACTION ON ITEM
6:24
PM
ITEM 1
INTRODUCTION OF
PROPOSED
ORDINANCE
Motion by Mr. Pirzynski, seconded by Ms McNutt, that Council
introduce Proposed Ordinance entitled, AN ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING THE PLANNED
DEVELOPMENT AT 14300-14350 WINCHESTER
BOULEVARD (ORDINANCE 2126), with the stipulation that the
Planning Commission Items 1-6 as specified in the Addendum dated
April 21, 2004 are to be included. Also noted by the maker of the
motion was the unique architecture; the Gateway project of a world
class corporate headquarters for a very successful business having its
roots in Los Gatos; and the creative mixture of residential and research
and development in a location planned for a future light rail station
and transportation hub for this community. Carried by a vote of 4
ayes. Mrs. Decker voted no. (01.15)
6:24
PM
“NO” VOTE ON
PROPOSED
ORDINANCE
Mrs. Decker asked that her reasons for her “no” vote on the proposed
ordinance be reflected in the minutes as follows:
* She believes that a better plan for this project could be worked out
which would offer more benefits to the community and Netflix
together
* A more attractive and compatible design should be required for our
Town
* She spoke of the community values addressed in the General Plan,
such as small town atmosphere, hillside protection and small scale
development
* This project covers more than 50% in hard scape
* The General Plan states building height for HVAC be included in
overall building height
* Proposal is 20' above height stipulated in Zoning Ordinance
* A 2' increase might work but not a 5' increase
* Concerned that the proposed freeway sign will set precedence
* The 300 homes and office building capable of hiring 1,00 people
will impact this area severely
6:27
PM
PUBLIC HEARING
CONTINUED
PUBLIC HEARING
WINCHESTER BOULEVARD 14300/PLANNED
DEVELOPMENT
ITEM 1
COUNCIL
ACCEPTANCE
Council Consensus to accept “Letter of Agreement” from Netflix as
set forth in the Addendum Report dated April 22, 2004. Carried
unanimously.
6:40
PM
ADJOURNMENT Mayor Glickman adjourned this evening’s meeting at 6:40 PM
ATTEST:
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Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
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