M09-06-11P a g e 1
Council/Agency Meeting 9/19/11
Item #7
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT
AGENCY MEETING
SEPTEMBER 6, 2011
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
September 6, 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
Luke Lenhart from St. Andrew's Episcopal School led the Pledge of Allegiance. The
audience was invited to participate
CLOSED SESSION REPORT
Judith Propp, Town Attorney, stated that no reportable action was taken.
TOWN COUNCIL
TOWN MANAGER REPORTS
Greg Larson, Town Manager
- Commented that September 9, 2011 is the last day to register to be included in the
online directory for the Garage Sale to be held on Saturday, October 1, 2011.
- Commented that Los Gatos will have a siren blast to commemorate the September
11th victims and first responders on September 11, 2011 at 10 a.m. at the Police
Operations Building.
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Manager Matters – continued
- Commented that Fiesta Way, Villa Street, and the main parking lots at the Civic
Center and Adult Recreation Center will be closed for re -paving from September
12th through 30th, 2011. Civic Center customers are asked to park in the library
parking lot and along Main Street.
- Commented that the Los Gatos-Monte Sereno Police Foundation will host the Taste
of Los Gatos on September 18, 2011.
- Commented that the Los Gatos Wine Walk will occur on September 24, 2011.
Did You Know??
Jackie Rose, Community Outreach Coordinator
- Commented that every school has an emergency response plan, which includes an
emergency operations plan for the school, a crisis managem ent team, and a
communication plan for students.
- Commented that more information can be found at
www.LosGatosCa.gov/LosGatosPrepared.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve response to Grand Jury Reports on the following topics:
a. Dispatch and Fire Services
b. Rehiring of Pensioners
2. Approve placement of plaque recognizing the City of Monte Sereno’s $100,000
contribution to the Town Plaza Fountain.
3. Adopt resolution making determinations and approving the reorganization of
territory designated Marchmont Drive No. 2 containing approximately .28 acres
located at 16666 Marchmont Drive (APN: 532-08-006). File #AN07-143. Property
Owner/Applicant: Anita Hunter. RESOLUTION 2011-058
4. PPW Job No. 11-09 Lark Avenue Traffic Signal Improvements Project 471-812
0116. Approve plans and specifications for the Lark Avenue traffic signal
improvements project and authorize staff to advertise the project for bid.
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Consent Items, continued
5. PPW Job No. 10-15A - 930 University Building Demolition 411-831-4402.
a. Authorize the Town Manager to execute a construction contract with Joseph J.
Albanese Inc. in an amount not to exceed $112,950 for demolition and disposal of
existing building located at the 930 University Avenue site.
b. Authorize staff to execute future change orders to the construction contract as
necessary in an amount not to exceed $15,000.
6. PPW Job. No 10-4 Wedgewood Avenue Improvements (Mulberry Drive to Granada
Way. Approve plans and specifications for the Wedgewood Avenue (Mulberry
Drive to Granada Way) improvements project and authorize staff to advertise the
project for bids.
TOWN COUNCIL/REDEVELOPMENT AGENCY
7. Approve Council/Agency minutes of:
a. August 15, 2011 Regular Meeting
b. August 22, 2011 Special Joint Study Session
8. Redevelopment Agency Conditional Opt-In and Agency Transfer Payment
Agreement
a. Introduce an ordinance of the Town of Los Gatos to conditionally elect and
implement participation by the Town of Los Gatos and the Town of Los Gatos
Redevelopment Agency in the Alternative Voluntary Redevelopment Program
pursuant to Part 1.9 of the California Community Redevelopment Law.
b. Approve a resolution of the Town of Los Gatos approving and authorizing execution
of the Agency Transfer Payment Agreement with the Redevelopment Agency of
Los Gatos. RESOLUTION 2011-059
c. Approve a resolution of the Redevelopment Agency of the Town of Los Gatos
approving and authorizing executing of the Agency Transfer Payment Agreement
with the Town of Los Gatos. RESOLUTION 2011-060
Mayor Joe Pirzynski directed Mazarin Vakharia, Clerk Administrator, to read the title of
the proposed ordinance.
MOTION: Motion by Vice Mayor Steve Rice to waive the reading of the
ordinance.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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Consent Items, continued
MOTION: Motion by Vice Mayor Steve Rice to approve consent items #1-
#8.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
There were no Verbal Communications for this meeting.
OTHER BUSINESS
9. Introduce an Ordinance amending Article VIII of Chapter 14 of The Town of Los
Gatos Town Code, the Rental Dispute Mediation and Arbitration Ordinance
(ORDINANCE 2202); and adopt a resolution adopting revised Town of Los Gatos
Rental Dispute Resolution Regulations. RESOLUTION 2011-061
Regina Falkner, Deputy Town Manager, presented the staff report.
Vice Mayor Rice and Council Member Leonardis recused themselves because they
have interests in rental property in Los Gatos.
Council Comments
- Questioned the staff’s opinion on the two additional modifications recommended by
the California Apartment Association.
Ms. Falkner
- Commented that the California Apartment Association's proposed
recommendations significantly weaken the ordinance.
Open Public Hearing
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Item #9, continued
Mr. Eichner
- Commented that he is the Director of Dispute Resolution Programs for Project
Sentinel, a non-profit organization that provides dispute resolution services for
tenants and landlords.
- Commented that in very rare cases, disputes that are not resolved in mediation go
to arbitration and that the arbitrator must interpret the ordinance.
- Commented that the Town Attorney interpreted the ordinance saying that the debt
service pass through must be reasonable.
- Commented that the goal is that all increases over 5% must be reasonable.
- Commented that the factors to be considered should be considered in the
arbitration hearing, based on the individual cases.
Mr. Howard
- Commented that he is the Executive Director of the California Apartment
Association, Tri-County Division.
- Expressed concern about the proposed ordinance.
Council Comments
- Questioned whether the changes suggested by the California Apartment
Association would weaken the ordinance for tenants.
- Questioned how to ensure that the funds are used to improve the property.
Mr. Howard
- Commented that the California Apartment Association’s suggested changes strike
an appropriate balance between the needs of tenants and landlords.
- Commented that only two debt service pass through cases have gone through the
dispute resolution process in the past 10 years, and therefore, no change in the
ordinance is needed.
- Commented that because Los Gatos is a desirable place to live, property owners
will not allow their property to fall into disrepair.
Ms. Fish
- Commented that she chaired the Rent Advisory Committee for over 20 years and
that Council should adopt the recommendations of the former Rent Advisory
Committee.
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Item #9, continued
Close Public Hearing
Council Discussion
- Commented that the Rent Advisory Committee’s work over several years is
admirable.
- Commented that the former Rent Advisory Committee and the California Apartment
Association engaged in an arduous process that produced a fair outcome, which
should be trusted.
- Commented that it is not advisable to change the recommendations of the former
Rent Advisory Committee.
MOTION: Motion by Council Member Barbara Spector to introduce an
Ordinance amending Article VIII of Chapter 14 of The Town of Los
Gatos Town Code, the Rental Dispute Mediation and Arbitration
Ordinance.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
Mayor Joe Pirzynski directed Mazarin Vakharia, Clerk Administrator, to read the title of
the proposed ordinance.
MOTION: Motion by Council Member Barbara Spector to waive the reading
of the ordinance.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Barbara Spector to adopt a
resolution adopting revised Town of Los Gatos Rental Dispute
Resolution Regulations
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
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PUBLIC HEARINGS
10. Consider a request for approval to demolish five existing commercial building and
construct two new office buildings on property zoned CM:PD. No significant
environmental impacts have been identified as a result of the project and a
mitigated negative declaration was previously adopted. APN’s 424-31-
053,0054,063,424-32-038, 045, 049,054,059,060, and 063. Architecture and site
application S-11-051. Project Location: 90-160 Albright Way and 14600 Winchester
Boulevard. Property Owner: LG Business Park, LLC. Applicant: John R. Shenk
Joel Paulson, Senior Planner, presented the staff report.
Council Comments
- Questioned how many existing buildings will be demolished for the new project.
- Questioned whether the drawings depict the final intersection plans.
- Questioned whether the consulting architect’s recommendations were incorporated
into the current plans.
Mr. Paulson
- Clarified that five buildings are being demolished.
- Clarified that the drawings depict the final intersection plans.
- Clarified that the paint color and two items on Building E are not incorporated into
the final plans.
- Clarified that the consulting architect’s recommendations were incorp orated into the
current plans.
Kevin Rohani, Town Engineer
- Commented that the drawings depict the final plan for the frontage improvements to
Winchester Boulevard.
Council Comments
- Questioned whether the traffic circle in the interior of the site will mitigate the
Planning Commission’s concerns about traffic back-up onto Winchester Boulevard.
- Questioned the number of signals on Winchester Boulevard and the significance of
having signals in sequence.
- Questioned whether, with synchronization, the Town could achieve a Level B grade
for the Albright intersection.
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Public Hearing, Item #10 – continued
Mr. Rohani
- Commented that the traffic circle creates free-flowing movements, which will
mitigate traffic back-up on Winchester Boulevard.
- Commented that there are currently two signal intersections from Highway 85 to
Lark Avenue.
- Commented that in the future, there will be three synchronized signal intersections
from Highway 85 to Lark Avenue, with the addition of one at Courtside.
- Commented that the intersection at Albright Way is at Level E, which is below the
Town’s policy; however, after the project is built, the intersection should function at
a Level B.
Council Comments
- Commented that the Planning Commission was concerned about the preservation
of the tree-scape along Winchester Boulevard.
- Questioned whether the arborist’s presentation was consistent with the final plans.
Mr. Paulson
- Clarified that much of the tree-scape along Winchester Boulevard will be preserved.
- Clarified that 103 trees were proposed to be removed and that tree replacement will
occur based on Town code.
Mr. Wells
- Commented that the staff and Council worked hard to keep the project on schedule.
Mr. Shenk
- Commented that he appreciated Netflix's commitment to this project and staff's work
on this project.
- Commented that Council should approve the Architecture and Site application.
Mr. Giannini
- Commented that the traffic cirle is the best way to keep traffic flowing.
- Commented that the design theme of the project is a "campus in the park" and that
the goal is to feature existing trees while introducing new trees with color.
- Commented that there is a lobby in the center of campus.
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Public Hearing, Item #10 – continued
Council Comments
- Questioned what mitigation measures will occur when the trees drop fruit.
- Questioned the relationship between the landscape architecture and the riparian
corridor.
- Questioned what kind of tree screening will be in place to screen the parking garage
and whether early planting of these trees is planned.
Mr. Sharp
- Commented that in addition to multiple types of non-fruiting olive trees, there is a
spray to prevent trees from fruiting.
- Commented that the list of trees to be planted is in compliance with Santa Clara
Valley Water District approved plant list.
- Commented that there is zoning to determine types of trees to plant in certain
places.
- Commented that conifers will be planted along Highway 85 to match the trees
across the freeway.
- Commented that many existing trees will be preserved because the
design maintains the existing curb line and creates islands.
- Commented that if more trees need to be removed, the developer will pay increased
in-lieu fees or replant more trees, per Town Code.
- Commented that early planting of screening trees has not been decided, but those
trees would likely receive priority.
Council Comments
- Questioned the impacts of construction on existing tenants.
- Questioned how to control security around the campus cafe so that it does not
become another restaurant.
Mr. Shenk
- Commented that there has been communication with neighbors, so they are aware
of what will happen during construction.
- Commented that there will be a fenced area to enclose the construction zone.
- Commented that emergency services will have gates to enter construction zones.
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Public Hearing, Item #10 – continued
Mr. Wells and Mr. Giannini
- Commented that increased security will be provided by key fobbed doors and
employee badges.
Council Comments
- Commented that the Planning Commission acted thoroughly.
- Questioned the minor outstanding issues indicated by Mr. Paulson.
Mr. Giannini
- Commented that the outstanding minor design issues are the floating wall issue, a
roof design, and the secondary entrance near the garage.
- Commented that the floating wall issue was resolved by changing the paint color.
- Commented that the roof design and secondary entrance issues will be further
refined before building permits are issued.
Mr. Paulson
- Commented that it is common to have minor changes.
- Commented that, per language in the approval document, the Community
Development Director may authorize minor changes.
Mr. Allen
- Expressed concern about the proposed project.
Ms. Quintana
- Expressed concern about the proposed project.
Ms. Despars
- Expressed support for the proposed project.
- Expressed concerns about the condition of property at other project locations in
Town.
Ms. Lee
- Expressed concern about the proposed project.
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Public Hearing, Item #10 – continued
Mr. Shenk
- Commented that the extensive traffic study analyzed 18 traffic intersections.
- Commented that the Fire Department was consulted regarding design and layout of
the campus in reference to emergency services entrances.
- Commented that there is emergency access in three locations on the project site.
Mr. Wells
- Commented that increased competition in the marketplace will not affect Netflix’s
future office space needs.
Close Public Hearing
Ms. Propp
- Commented that several motions may be combined into one.
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Public Hearing, Item #10 – continued
MOTION: Motion by Vice Mayor Steve Rice to approve staff
recommendations 2 through 8:
2. Find that no significant environmental impacts were identified
as a result of the project and a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program were prepared for the
Planned Development and adopted by the Town Council on August
15, 2011 and there is no new information that would require further
review (Public Resource Code Section 21166) (Attachment 1)
3. Find that the project is consistent with the PD ordinance
(Attachment 1);
4. Find that the project is consistent with Section 29.10.09030(e)
of the Town Code for the demolition of commercial buildings
(Attachment 1).
5. Find that the project is consistent with the Common Design
guidelines of the Commercial Design Guidelines (Attachment 1);
6. Find that the project is in substantial compliance with
applicable provisions of the Guidelines and Standards for Land Use
Near Streams (Attachment 1);
7. As required by Section 29.20.150 of the Town Code for
Architecture and Site applications (Attachment 1); and
8. Approve the Architecture and Site application subject to the
proposed conditions of approval (Attachment 2), this approval shall
not become effective until September 15, 2011, when Ordinance
2199, approving the Planned Development for this site, becomes
effective.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed 3/2. Council Member Barbara Spector and Council
Member Steven Leonardis voted no.
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Public Hearing, Item #10 – continued
Council Comments
- Commented that this project has come a long way because of the work of the
Planning Commission, public, staff, and the applicant.
- Commented that the Planning Commission did exemplary work on the project, both
on the original application and the Architecture and Site application.
- Commented that a negative declaration is inappropriate.
- Commented that rational minds can disagree.
- Commented that there was large public input supporting the project.
- Commented that the public will not be surprised about what is built because of the
detailed plans.
ADJOURNMENT
Attest:
/s/Mazarin A. Vakharia
Clerk Administrator