M01-19-101
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
JANUARY 19, 2010
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Tuesday, January 19, 2010 at 7:00 P.M.
CLOSED SESSION BEGAN AT 5:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski,
Council Member Steve Rice, Council Member Barbara Spector,
Council Member Mike Wasserman
Absent: None.
PLEDGE OF ALLEGIANCE
Chris Malmborg, Hillbrook School
Mr. Malmborg led the Pledge of Allegiance. The audience was invited to
participate.
PRESENTATIONS
Proclamation National Blood Donor Month - Gayle Rohner, American Red
Cross
Mayor Diane McNutt proclaimed the month of January as National Blood
Donor Month.
Gayle Rohner accepted the proclamation on behalf of the American Red
Cross.
Ms. Rohner thanked the community for their support.
Commented on blood service donations for the victims of Haiti.
2
CLOSED SESSION REPORT
PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957)
Title: Town Attorney
Mr. Martello stated that direction was given and no reportable action was taken.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Manager
Mr. Martello stated that direction was given and no reportable action was taken.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
Commented that the Town had minor tree damage and minor
mudslides due to the rain and wind from the last storm.
Commented that staff is preparing for the next storm and sandbags are
available at the Parks and Public Works Department located at 41 Miles
Avenue.
Commented that the Town’s parks will be closed through Friday for both
public safety and to free up staff to focus on storm related issues.
Commented on the months of leadership and effort put forth by Officer
Leo Coddington who has been working with Parks and Public Works,
Community Development Department, and Community Services
Department to do homeless outreach. Through their efforts, the Town has
identified 30-40 recurring homeless individuals in our community and is
connecting them with housing, medical and social assistance.
Commended St. Luke's and all the non-profits who have made themselves
available to provide services to our homeless population.
3
Did You Know…?
Captain Alana Forrest, Los Gatos-Monte Sereno Police Department
presented information on the Town’s Operation C.A.R.E. program
available through the Los Gatos-Monte Sereno Police Department.
Commented that the program offers senior welfare check-ins and once a
day calls from the Town’s police dispatcher.
Commented that more information about Operation C.A .R.E. can be found
on the Los Gatos-Monte Sereno Police Department website at
www.lgmspd.org or by calling Gwen Cross at 408-354-6842.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Adopt resolution rescinding Resolution No. 1987-112 authorizing
attendance at governmental business functions and providing for
reimbursement of reasonable expenses incurred at such attendance.
2. Adopt a resolution authorizing the Town Manager to execute the
Amendment to Grant Agreement By and Between the Town of Los
Gatos and A Place for Teens and Los Gatos-Saratoga Community
Education and Recreation 2009-2012.
3. PPW Job No. 09-10A - FY 2009/10 - Street Repair and Resurfacing
Slurry Seal Project 411-811-9901 Adopt a resolution accepting the
work of Valley Slurry Seal Company and authorizing the Town
Manager to execute a Certificate of Acceptance and Notice of
Completion for recording by the Clerk Administrator.
RESOLUTION 2010-004
4. PPW Job No. 09-10B - FY 2009/10 - Street Repair and Resurfacing
Base Repair Project 411-811-9901 Adopt a resolution accepting the
work of Joseph J. Albanese Inc. and authorizing the Town Manager to
execute a Certificate of Acceptance and Notice of Completion for
recording by the Clerk Administrator. RESOLUTION 2010-005
5. PPW Job No. 09-11 - FY 2009/10 - Curb, Gutter, And Sidewalk
Replacement Project 411-813-9921 Adopt a resolution accepting the
work of RP Engineering Company and authorizing the Town Manager
to execute a Certificate of Acceptance and Notice of Completion for
recording by the Clerk Administrator. RESOLUTION 2010-006
4
Consent Items – Continued
6. Highway 9 Safety Improvement - Phase II Adopt resolution
authorizing the Town Manager to approve a cooperative agreement by
and among the Town of Los Gatos and the cities of Saratoga and
Monte Sereno for the Highway 9 Safety Improvements - Phase II.
RESOLUTION 2010-007
TOWN COUNCIL/REDEVELOPMENT AGENCY
7. Approve Council/Agency minutes of January 11, 2010.
8. Adopt an ordinance approving a planned development for the Civic
Center Master Plan and construction of a new library, merging four
parcels, making a zone change (from C-1, C-2, RC & RM:5-12 to C-
1:PD) and relocating a historic single-family residence (17 Fiesta Way)
APNs 529-34-024, 025, 064,090 and 091 Planned Development
Application PD-09-01 Applicant/Owner: Town of Los Gatos.
Ordinance 2184
9. PPW Job No. 07-22 - Los Gatos/Monte Sereno Police Operations
Building Facility Project 821-2401 Adopt a resolution accepting the
work of Santa Clara Valley Corporation and authorizing the Town
Manager to execute a Certificate of Acceptance and Notice of
Completion for recording by the Clerk Administrator.
RESOLUTION 2010-008
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt Consent
Items #3-9. Consent Items #1 and #2 continued to a future
agenda.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Open/Closed Verbal Communications
5
TOWN COUNCIL
PUBLIC HEARINGS
10. Adopt resolution ordering abatement of hazardous vegetation
(weeds) RESOLUTION 2010-009
Staff report made by Todd Capurso, Director of Parks and Public Works
Open/Closed Public Hearing
MOTION: Motion by Council Member Mike Wasserman to adopt
resolution ordering abatement of hazardous vegetation
(weeds)
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
11. Adopt resolutions regarding the CaliforniaFIRST Program regarding
financing certain energy improvements through Contractual
Assessments and Improvement Bonds. RESOLUTION 2010-010 and
RESOLUTION 2010-011
Staff report made by Regina Falkner, Director of Community Services.
Council Comments
Clarified that the contract does state that any jurisdiction may withdraw at
anytime.
Questioned the criteria in step 1 to approve funding for the program.
Ms. Falkner
Clarified that Santa Clara County along with the collaborative are
collectively looking to apply for the step 1 grant money, so the Town itself
would not be going after the money and they feel confident that they will
be successful in receiving most if not all of the grant funds.
Open Public Hearing
6
Public Hearing Item #11 – Continued
Ms. Jensen
Commented that she has only had to pay a PG&E access fee since she
installed solar panels at her residence.
Commended the CaliforniaFirst program and encouraged everyone to look
into solar panels for their home.
Closed Public Hearing
MOTION: Motion by Council Member Barbara Spector to adopt
resolutions regarding the CaliforniaFIRST Program
regarding financing certain energy improvements through
Contractual Assessments and Improvement Bonds.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
12. Introduce ordinance amending Articles I and IV of Chapter 23 of the
Los Gatos Town Code to prohibit roadway solicitations.
Staff report made by Sergeant JR Langer, Los Gatos-Monte Sereno Police
Department.
Council Comments
Questioned if additional wording on Page 2, Sub Item B of the proposed
ordinance such as sit or lay need to be added to make enforcement
clearer.
Questioned what behavior Item A is trying to address.
Requested clarification on solicitation enforcement of Item A.
Sergeant J.R. Langer
Suggested amending the wording to say "any manner of occupying the
median for solicitation purposes" which would cover Council’s concern.
7
Public Hearing Item #12 – Continued
Mr. Martello
Clarified that you have to treat a person soliciting in a vehicle with the
same rights as someone soliciting in the median.
Suggested additional wording to clarify "what is a parked vehicle.”
Recommended three clarifying changes to the ordinance under Section
23.10.010. Definitions:
A parked vehicle shall mean a legally parked vehicle.
This term shall not include the mere advertisement of goods and or
services by a motorist, where no immediate transaction is
attempted.
Section 23.40.010. Roadway Solicitation (b) shall read:
It shall be unlawful for any person while in the roadway to solicit, or
attempt to solicit from occupants of any un-parked vehicle.
Open Public Hearing
Mr. Zanardi
Commented that problems with solicitors are so bad that 911 calls have to
be made from his local businesses.
Commented that some of his businesses complain that the homeless go
into the restrooms and will not come out.
Commented that solicitors not only beg, but get rowdy.
Requested that Council approve the ordinance ame ndment.
Closed Public Hearing
Mayor Diane McNutt directed Jackie Rose, Clerk Administrator to read the title
of the ordinance.
MOTION: Motion by Council Member Steve Rice to waive the
reading of the ordinance.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
8
Public Hearing Item #12 – Continued
MOTION: Motion by Council Member Steve Rice to introduce
ordinance amending Articles I and IV of Chapter 23 of the
Los Gatos Town Code to prohibit roadway solicitations with
the changes recommended by the Town Attorney.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
Mayor Diane McNutt directed Jackie Rose, Clerk Administrator to publish the
ordinance.
13. Consider introducing an ordinance to change the zone from C-1 to C-
1: PD to demolish an existing supermarket (Safeway) and construct a
new supermarket (Safeway) with underground parking. No significant
environmental impacts have identified as a result of this project, and a
Mitigated Negative Declaration is recommended. APN 529-07-083.
Planned Development Application PD-09-02. Negative Declaration
ND-09-03. Property Location: 470 N. Santa Cruz Avenue Property
Owner/Applicant: Safeway Incorporated.
Staff report made by Jennifer Savage, Assistant Planner.
MOTION: Motion by Vice Mayor Joe Pirzynski to accept the report in
the form of meeting minutes from the Planning Commission
for the meeting of December 9, 2009, regarding a Planned
Development at 470 N. Santa Cruz Avenue (Attachment 4)
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
9
Public Hearing Item #13 – Continued
Council Comments
Questioned the methodology used to calculate the expected increase of
traffic of approximately 2,000 additional trips a day.
Commented that it is clear that an increase in traffic could come when you
take an empty lot and built something on it, but a grocery store typically
does not draw people from outside of town.
Agreed with Planning Commissioner Philip Micciche’s conclusion that
the proposed project may actually decrease the amount of overall traffic
because nearby residents will drive through fewer intersections to get to
this store with a better selection versus a store farther away.
Expressed concerns on the issue of going from "theoretical" to "real” when
determining the traffic impacts.
Questioned if the length of the wall adjacent to the alley will be longer
under the proposed project.
Questioned if parking spaces will be lost if the underground pedestrian
pathway is extended.
Requested clarification of Council’s options if interested in pursuing an
extended pathway within the underground parking area.
Ms. Savage
Clarified that the proposed project will be offering a wider selection
of products which will bring back the customers that were going to other
locations to shop.
Commented that theoretically it is a fair assessment that the proposed
project will reduce the amount of cross-town traffic.
Clarified that the number of additional trips expected came from the
engineering calculations based on the square footage of the proposed
project.
Commented that there is a theoretical side to which we can guess what
traffic changes will occur and there is a calculation side that the Town’s
engineering consultant looked at.
Clarified that the current wall is approximately 150 feet and the proposed
wall is approximately 250 feet, which includes the sound wall that
separates the loading dock spaces from the alley.
Clarified that an extended pathway would reduce parking spaces, but the
shopping cart return area could be converted to add some additional
parking.
10
Public Hearing Item #13 – Continued
Ms. Savage – Continued
Clarified that depending on how the underground parking area is
configured there could be zero to two parking spaces lost.
Clarified that Council has two options in pursuing the project in regards to
the number of parking spaces: 1) Is to recommend that the applicant
explore to the greatest extent expanding the pathway and approve if only
one parking space is lost so they meet the exact parking space
requirement. 2) Is to approve the Planned Development application with
the requirement to extend the pathway, even if that reduces the parking
spaces to one below the requirement.
Opened Public Hearing
Ms. Mattei, Applicant
Commented on the timeline of the community outreach and input process.
Commented that the existing Safeway opened in 19 51 and was
redeveloped in 1976.
Commented that the existing size is 26,000 square feet and the proposed
project is approximately 45,000 square feet.
Commented that it is the only grocery store on this side of Highway 17 and
serves the neighborhoods and downtown area.
Expressed concerns that the existing Safeway store has out grown the
area and that the aisles are tight and congested and produ cts are
constantly out of stock.
Commented that the categories of product that grocery stores are serving
today have grown immensely.
Commented that the existing store has a limited backroom and not
enough storage to hold extra product.
Commented that the existing store has a restricted food prep area.
Commented that Safeway is proposing a lifestyle, state -of-the-art grocery
store for the neighborhood and surrounding area.
Commented that the proposal for Safeway is smaller than most proto-
typical grocery stores you see today.
Commented on the construction management for the project.
Commented that an 11-point "action" plan has been developed with the
retail shop owners.
Commented that Safeway met with the owners of Nuvoux Salon (Hatfield)
and agreed to four additional points, which include working with them on
their ventilation system, soundproofing for their storefront, no construction
worker parking in the off street parking lot, and participation in the grand
opening advertising campaign.
Requested that these additional points were requested to be added to the
Conditions of Approval.
11
Public Hearing Item #13 – Continued
Ken Rodrigues, Applicant Architect
Commented that Safeway concurs with staff recommendations for the
proposed project.
Council Comments
Questioned if there is something specific Council needs to know about
issues relative to the width of the rear alley driveway that has not already
been evaluated.
Questioned if a customer of Safeway, who is in a hurry and does not want
to take time to park underground is likely to park on the street.
Questioned if the "teaser" parking is limited in time.
Questioned if there is any benefit to limiting the parking time of the
"teaser" parking and if other Safeway stores have placed time limits in the
"teaser" spaces.
Mr. Rodrigues
Commented on other alley designs within the Town to allow a comparison
between widths, sizes, and how they operate.
Commented that a great deal of time and effort has gone into the design
of the proposed alley way.
Ms. Mattei
Clarified that the "teaser" parking available on the top level parking area is
used by customers who are in a hurry or have physical challenges and do
not want to park in the underground garage.
Commented that there should be less on-street parking because it is a
consumer shortcut to be close to the front doors of the store.
Clarified that the "teaser" parking in the proposed project is not limited in
time, but Safeway has incorporated time limits at other stores by posting
signs.
Mr. Iversen
Expressed concerns about the high level of traffic on University between
Highway 9 and Andrews Street and that traffic travels at a high rate of
speed.
Commented that if the capacity of the store is increased it will increase the
number of cars traveling on University and North Santa Cruz.
Commented that it would be a good idea to place a sidewalk and a stop
sign on Towne Terrace and University Avenue to help control the traffic.
12
Public Hearing Item #13 – Continued
Mr. Hatfield
Expressed concerns about the size of the proposed project and the
circulation of traffic.
Commented that as a business owner, his focus is on minimizing the
impact that construction will have on his business.
Commented that there has been an addition to the 11-point agreement
made between his business and the applicant.
Clarified that they agreed to the following four additional points: 1)
Safeway will provide sound proofing of his storefront and sidewall, 2)
Source-captured ventilation, 3) Visible signage for his business during
construction, that no construction parking will be allowed in the Town lot,
and 4) Safeway will include his store in grand opening advertising.
Commented that he would like Council to approve all the above mentioned
points as part of the Conditions of Approval.
Council Comments
Requested clarification from staff whether they have a written list with all
of the conditions Mr. Hatfield just mentioned.
Mr.Hatfield
Clarified that the 11 points are in the staff report.
Ms. Savage
Clarified that there were new conditions that were mentioned by Mr.
Hatfield and that staff does not have a copy of them.
Ms. Stuhlmueller
Commented on supporting the proposed project and the need for a newer,
better store.
13
Public Hearing Item #13 – Continued
Mr. Shepherd
Expressed concerns that no Environmental Impact report was
required and that a negative declaration is not sufficient when the store
size is being doubled.
Expressed concerns that there is no analysis of economic impacts and
feels that the downtown businesses will be impacted.
Commented that Safeway is a big-box retailer, with a full line of inventory
and does not feel that there is a community benefit for the independent
retailers in Los Gatos.
Commented that people from all over come to Downtown Los Gatos
because of the selection of the independent retailers and feels that within
5 to 10 years all of the independent retail shop will be gone because of the
economic impacts from big-box retailers.
Mr. Stonesifer
Commented on the danger of left-hand turns being made from N. Santa
Cruz Avenue turning into Safeway.
Commented that the underground parking will create a bigger traffic
impact than there currently is and that a right-hand turn lane in front of the
yogurt shop would help ease the traffic.
Commented that a 26 foot alley is needed to relieve the circulation
problems around the rear of the buildings.
Commented that since Safeway won't reduce the size of the project he
hopes Council will consider reducing the size.
Council Comments
Commented that requests have been made to reduce the size of the
project but does not recall hearing specifics as to the amount or the
reason.
Questioned if Mr. Stonesifer could provide further details on reducing the
size of the project.
Mr. Stonesifer
Clarified that he feels the new store does not need to have
additional areas such as a post office, a bank, and a Starbucks.
14
Public Hearing Item #13 – Continued
Mr. Harwin
Expressed concerns that the proposed lengthening of southbound left turn
collector lane on N. Santa Cruz Avenue at Andrews will result in
eliminating three of the four curbside parking spaces in front of Intero Real
Estate.
Commented that the Safeway expansion will result in a very minimal
increase in traffic and does not believe use of the traffic volume formula is
applicable.
Commented that he would like to see the left-turn lane stay as is with no
change, however, should the left-turn lane increase in the future, he would
like to see the Town follow the alternative plan outlined in his letter dated
January 8, 2010.
Ms. Wiley
Commented that she is not against Safeway improving the store, but
expressed concerns of the size and location of the proposed project.
Requested that the application be returned to the Planning Commission to
work on the issues of size and traffic.
Expressed concerns that houses near the project will ultimately be turned
into rentals.
Commented that Safeway has not provided communication to the
neighbors in a timely manner to be able to review the proposed project.
Commented that a pharmacy is not needed when the Town has other
stores that offer pharmacies.
Expressed concerns that the increased traffic flow will come out onto
Andrews Avenue if there is underground parking.
Council Comments
Questioned if Ms. Wiley feels that a second review of the proposed
project would reveal issues that haven’t been discussed.
Commented on Ms. Wiley's concern about size of the proposed project
and the traffic impacts and questioned what specifically she would like to
have changed.
Ms. Wiley
Expressed concerns that the size was not really discussed when it was
first presented to the Planning Commission.
Expressed concerns that it was presented to the Planning Commission by
Safeway as a project that Safeway was going to do or they would leave
Town.
15
Public Hearing Item #13 – Continued
Mr. Morley
Commented that his business will be the most impacted by construction
on a daily basis.
Commended Mr. Rodrigues, Ms. Benjamin and Ms. Mattei for their
cooperation and collaboration in the way that they have approached this
project.
Commented on supporting the proposed project.
Commented on recognizing the significant financial investment that
Safeway is prepared to invest in the community.
Mr. Karimi
Expressed concerns that Safeway has never discussed the proposed
project with him or his business.
Mr. Kleis
Commented on supporting the proposed project and feels that the si ze of
the store is not a "mega" store compared to other Safeway stores.
Commented that the store will reduce parking and traffic by offering
services such as a bank, deli and other ancillary uses.
Commented that there will be a benefit to the community with increased
jobs available.
Commented that Safeway has a history of completing construction very
quickly.
Commented on the benefit of Safeway paying for the light upgrade on
Andrews Street.
Commented that the current population density in Monte Sereno and Los
Gatos necessitates the size of the store.
Mr. Arzie
Commented that the north side residential districts and commercial small
businesses are not being protected because although there were notices
sent out stating that an application was in progress, the applicant did not
advise the neighborhoods of the extent of the project.
Commented that this project does not need to be large to offer benefits to
the community.
Commented that the surrounding commercial buildings represent the
feeling of the kind of neighborhood commercial that is desired for the area.
Commented against the proposed project and suggested it go back to the
Planning Commission for re-consideration of the application.
16
Public Hearing Item #13 – Continued
Ms. Mattei
Commented that Safeway agrees with Mr. Harwin’s proposal of the left-
turn extension. They support not making any changes, putting money into
a fund and waiting to see if it’s necessary to make changes at a later time.
Commented that Safeway does not believe that the traffic numbers that
are being outlined in the traffic study are going to reflect the customer
transaction count.
Clarified that the statistic of 2,000 additional trips is based on an ITE
standard of square footage, not on a customer transaction count. The
customer transaction count that Safeway is very much aware of is beneath
the numbers that are being estimated.
Commented that the additional services, such as the pharmacy and coffee
are being added to the store as a response to customer feedback.
Clarified for the record that Safeway is requesting the following additional
four points relating to Mr. Hatfield’s shop be added to the Conditions of
Approval.
Council Comments
Questioned what the current number of daily transactions is at the existing
Safeway.
Questioned if consideration has been given as to whether the
pathway can be extended without sacrificing the parking stall numbers.
Questioned when the store had its highest traffic numbers and whether
those numbers are less than the proposed 2,600 ITE number.
Commented that although it is anticipated that Safeway will have a
banking kiosk, a pharmacy, and coffee, they are not obligated to keep
those uses forever and the square footage could be used for something
else in the future.
Expressed concerns that the alleyway in the back of the store is too
narrow and will attract more traffic with the expanded store.
Commented that people use the alleyway to drive through Town.
Expressed concerns that there will be a longer wall in the alleyway
creating more of a tunnel effect behind Safeway.
Questioned the option to designate the alley as one-way Southbound for
its primary purpose as a drivewa y access into the loading dock.
Commented on support of a narrow alleyway for slowing down traffic but
has concerns about the option of one-way traffic going southbound.
17
Public Hearing Item #13 - Continued
Council Comments - Continued
Commented on the community benefit offered by Safeway which includes
the intersection signal upgrade at Andrews Avenue and N. Santa Cruz
Avenue. Since staff’s cost estimate is $40,000 and Safeway’s estimate is
$128,000, is it still the intent of the applicant to commit to the signal
upgrade even if the price were as high as $128,000.
Questioned if the circulation of the pathway in the underground parking
area has been looked at to determine if there are any issues that would
demand the need to extend the pathway for safe passage.
Ms. Mattei
Commented that the information is a proprietary number, but clarified that
the existing numbers are well below by at least one-third of the ITE’s
estimate of 2,600 trips per day.
Clarified that currently there are 152 proposed parking spaces and that the
Town Code requires 151 spaces for the calculation of the proposed
project, so when talking about all of the issues that have come up, the
applicant had to design with leeway of only one parking space.
Clarified that the pedestrian pathway which services the handicap spaces
can be extended to as low as 3 feet but two parking spaces would still
have to be sacrificed due to the challenges of the structural columns that
hold up the building.
Commented that the applicant continues to investigate other design
options to get to the 151 parking space count and although the parking
spaces will still be sacrificed, it will help with the overall space and
flexibility of the underground parking garage.
Clarified that during the store’s highest volume days, it was still below the
proposed 2,600 ITE number.
Commented that the proposed six foot masonry wall and extension of the
loading dock wall is a result of discussion with the neighbors on University
Avenue over their concerns of noise.
Commented that the alleyway gets utilized heavily as a short cutting
option. Safeway customers will be exiting out onto Andrews
Street so there will not be a likelihood of high traffic utilizing the alley.
Commented that the alleyway will continue to be utilized by people that
are taking a shortcut option through Town.
18
Public Hearing Item #13 – Continued
Mr. Rodrigues
Commented on the comparison of alley widths in Town. In studies that he
has conducted it seems that the wider alleys tend to have faster traffic and
more noise than the more narrow alleys.
Commented that from a technical standpoint, the proposed alley functions
well.
Commented that it is not as simple as it looks to widen the alley. Space is
needed to plant new trees and to allow them grow over the years.
Ms. Mattei
Commented that keeping options open regarding the alleyway design is a
good thing, as long as Safeway’s truck delivery route, which is their
primary use for the alley, is protected in the southbound direction.
Commented that Safeway would be comfortable to accept a one -way
direction design of the alley.
Clarified that Safeway is prepared to step-up to what the original
community benefit offer was whether it’s on the signal or on a combination
of other community projects.
Mr. Larson, Town Manager
Commented that staff is working on a condition for the left-turn pocket
where the applicant would post a bond at the time of the building permit
issuance for that future improvement if it's needed.
Commented that roughly a year after the opening of the new Safeway,
staff would do an assessment of the need for that left-turn lane pocket.
Closed Public Hearing
Council Discussions
Questioned when a decision of a one-way alley would need to be decided.
Questioned if it would be possible to monitor traffic circulation prior to
making a decision regarding a one-way alley.
Requested clarification on ownership of the alley.
Expressed concerns about a clear definition of an alley.
Commented that traffic may not have a large impact for the area.
Commented that the Planning Commission recommended approval by a 5
to 1 vote.
Expressed concerns that when exploring the different alleys in Los
Gatos, there is no standard for alley widths.
Mr. Martello
Clarified that Council may reserve the option to require that the alley be
one-way or two-way. The option should be included as part of the motion.
19
Public Hearing Item #13 - Continued
Ms. Savage
Clarified that Safeway does own the land, but the Town does maintain
egress and ingress rights to the area.
MOTION: Motion by Vice Mayor Joe Pirzynski to make the Mitigated
Negative Declaration (Attachment 1)
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt the Mitigated
Monitoring Plan (Exhibit 4 of Attachment 2)
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Joe Pirzynski to make the required
findings for the zone change (Exhibit 2 of Attachment 2) and
approve the application subject to the performance
standards included in the Planned Development Ordinance
(Exhibit 17 of Attachment 2) and the performance standards
recommended by the Planning Commission.
Seconded by Council Member Steve Rice.
Council Discussions
Commented on the following performance standards:
1) Consider with staff’s input, options for increasing the width of the alley
up to the standard of 26 feet.
Expressed concerns on the width of the passageway.
Maker of the Motion and the Seconder suggested leaving the
language intact at 17 feet.
Would like to allow staff to explore different options including a one-
way alley behind the proposed project.
Expressed concerns about calling the alley an alley way when it
feels like a driveway to a big parking lot.
Suggested leaving the alley a two-way alley and giving direction to
staff to monitor traffic impacts before and after the store opens.
Commented that Council has the option of coming back and
making the alley a one-way alley if warranted.
Council Consensus that there is no amendment to performance
standard #1.
20
Public Hearing Item #13 – Continued
Council Discussions – Continued
2) Designate the rear (east) end of parking garage for employee parkin g to
alleviate safety concerns.
Expressed concerns that Council could not make that designation
as the Town.
Commented that Safeway could make whatever accommodations it
needs for their employees.
Questioned if there is a need to extend the pedestrian pathway.
Maker of the Motion suggested eliminating performance
standard #2. The Seconder agreed.
Council Consensus to eliminate performance standard #2.
3) Direct applicant to work with Los Gatos school districts to explain eScrip
opportunities and fund full upgrade of traffic signal at Andrews Street and
N. Santa Cruz Avenue as a Community Benefit as offered by applicant.
Commented the upgrade of the signal is an appropriate Community
Benefit.
Suggested that the Community Benefit have a range up to
$128,000 for the mitigation.
Ms. Savage
Suggested revising the Community Benefit language to read:
The applicant has offered the following Community Benefit of offset
traffic impacts created by the proposed project; a larger selection
and inventory of products requiring fewer vehicle trips for local
customers; parking stalls wider than required by Town Code;
improved aesthetics; food and supply donations to schools and
non-profit organizations; and a contribution of $128,000 for the full
upgrade of the traffic signals at the intersection of N. Santa Cruz
Avenue and Andrews Street. Any Community Benefit contribution
for traffic signal upgrades not used shall be designated to other
Community Benefit improvements deemed appropriate by town
Council.
Council Discussions - #3 Continued
The Maker of the Motion and the Seconder agreed to the revised
wording as stated by Ms. Savage.
Consensus by Council to revise performance standard #3 to include Ms.
Savage’s wording as stated above.
4) Provide bike racks for bike parking on-site.
Consensus by Council to support the Commission’s
recommendation for bicycle parking.
21
Public Hearing Item #13 – Continued
Council Discussion - Continued
5) Break up bioswale in front of neighboring merchants to allow for
pedestrian access for Safeway patrons to get to their shops.
Commented that there is access to the neighboring shops from the
back parking lot and from N. Santa Cruz Avenue,
therefore performance standard #5 should be eliminated.
The Maker of the Motion suggested eliminating performance
standard #5. The Seconder agreed.
Council Consensus to eliminate performance standard #5.
6) Refer to staff to work out six-inch versus four-inch curbs.
Commented that staff has advised that the six-inch curb is
acceptable.
The Maker of the Motion requested that the six-inch curbs be
designed for the proposed project. The Seconder agreed to the
request.
Council Consensus to defer to staff to work out six-inch curbs for
the proposed project.
7) Replace Exhibit C of Exhibit 17 (December 9, 2009, Planning
Commission staff report) of the Draft Planned Development Ordinance
with modified truck route and logistics plan (Exhibit 18, December 9, 2009
Planning Commission staff report).
The Maker of the Motion and the Seconder agreed to
performance standard #7.
Consensus by Council to support the Commission’s
recommendation for performance standard #7.
8) That all of the Commissioner’s reasoning to be specifically included
regarding the tree fencing.
Requested clarification on including all of the Commissioner’s
reasoning’s.
Ms. Savage
Clarified that Council could refer back to the first motion made which
accepted the verbatim minutes of the Planning Commission.
Council Discussions
The Maker of the Motion and the Seconder agreed to the
recommendations of performance standard #7 and to include the
accepted verbatim minutes of the Planning Commission.
Consensus by Council to support the Commission’s recommendation for
performance standard #8.
Would like to address the southbound from N. Santa Cruz Avenue to
eastbound from Andrews Avenue pocket left turn lane.
Requested recommended language from the attorney.
22
Public Hearing Item #13 – Continued
Mr. Martello
Suggested that the wording state that prior to the issuance of the building
permit, applicant shall enter into an agreement with Town and post
appropriate security requiring that the applicant, immediately following 18
months occupancy, retain a traffic consultant approved by the Town
Engineer to evaluate project circulation including whether the left turn lane
needs to be extended and whether the alley circulation should be
restricted to one-way traffic southbound only. Agreement shall ensure the
installation of any changes as determined necessary by the Town
Engineer and agreement shall be approved by the Director of Community
Development and the Town Attorney.
Council Discussions
The Maker of the Motion and the Seconder agreed to the additional
performance standard with the wording recommended by the Town
Attorney.
Questioned if Mr. Martello’s wording included the alley way directly
behind Safeway.
Questioned Council’s options if the traffic report states there are no traffic
impacts, but residents state that traffic is a problem.
Questioned if the back alley and speed bumps would be addressed in the
same manner.
Consensus by Council to support Council’s additional recommendation
with the wording by the Town Attorney for traffic studies relating to the left-
hand turn lane, alley, and speed bumps.
Mr. Martello
Clarified that the recommended wording states "as determined by the
Town Engineer" meaning that the Traffic Engineer could say it’s not really
needed, but everything would be appealable to Council.
Clarified that the wording could be expanded to include that a final
decision for the turn lane, alley and speed bumps be made by the Town
Engineer.
Council Discussions
Questioned if the “Hatfield 11 point agreement” with Safeway needs to be
included as part of the Planned Development motion.
The Maker of the Motion and the Seconder agreed to include the
"Hatfield 11 point agreement" as part of the motion.
Council requested that the four additional points clarifie d.
23
Public Hearing Item #13 – Continued
Ms. Savage
Stated that in addition to the seven points already stated Safeway has
agreed to four additional points which include:1) Source capture
ventilation with neighbors to the south, 2) Sound proof store front and side
wall, 3) Participation in grand opening advertising campaign, and 4) No
construction worker parking in off street parking lots.
Council Discussions
Consensus by Council to add the "Hatfield 11 points agreement" to the
motion.
Mr. Martello
Clarified for the record that Council's findings that were based around the
left-hand turn pocket length as a mitigation measure were identified in
both the traffic report and the mitigated negative declaration.
AMENDED
MOTION: Motion by Vice Mayor Joe Pirzynski to make the required
findings for the zone change (Exhibit 2 of Attachment 2) and
approve the application subject to the performance
standards included in the Planned Development Ordinance
(Exhibit 17 of Attachment 2) with the recommendations from
Council (as stated under Council Discussions), to accept
Planning Commission’s recommendations, and to include
the “Hatfield 11 point agreement” as part of the motion.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Diane McNutt Motion to waive the
reading of the ordinance.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
Mayor Diane McNutt directed Jackie Rose, Clerk Administrator to waive the
reading of the ordinance.
24
Public Hearing Item #13 – Continued
MOTION: Motion by Mayor Diane McNutt to introduce the ordinance
to effectuate the zone change.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
Mayor Diane McNutt directed Jackie Rose, Clerk Administrator to publish the
ordinance.
OTHER BUSINESS
There was no Other Business scheduled for this meeting.
ADJOURNMENT In Memory of Jim Dethlefson, KCAT Chief Engineer
Attest:
Jackie D. Rose, Clerk Administrator