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Council/Agency Meeting 11/19/12
Item #1
MINUTES OF THE TOWN COUNCIL/SUCCESSOR AGENCY MEETING
NOVEMBER 5, 2012
The Town Council of the Town of Los Gatos conducted a Town Council/Successor
Agency Meeting on Monday, November 5, 2012.
BUSINESS MEETING CALLED TO ORDER - 7:00 P.M.
ROLL CALL
Present: Mayor Steve Rice, Vice Mayor Barbara Spector, Council Member Steven
Leonardis, Council Member Diane McNutt, and Council Member Joe Pirzynski.
Absent: None
PLEDGE OF ALLEGIANCE
Caitlin Huang, Fisher Middle School
PRESENTATIONS
Ms. Ryba
- Presented an overview of the services offered by El Camino Hospital.
CLOSED SESSION REPORT
There was no closed session for this meeting.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Mayor Rice stated he and the Town Manager met with a delegation from Japan to
discuss a sister city relationship, and he described the delegation’s gift to the Town.
- Requested that the Los Gatos Theater’s architecture and site application be placed
on the Town Council’s December 3, 2012 agenda.
Manager Matters
Greg Larson, Town Manager
- Commented on the successful grand opening of the Creekside Sports Park.
- Commented that Town staff, CERT volunteers, and Red Cross officials participated
in the Santa Clara County Great Shake Out exercise for emergency preparedness
at the Jewish Community Center.
Council Questions
- Clarified with staff that the Sports Park is not available for private events.
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Did You Know??
Mazarin Vakharia, Clerk Administrator
- Commented on various voter registration statistics and provided general
information for the November 6, 2012 election.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of:
a. October 15, 2012
b. October 22, 2012 Special Meeting
2. Adopt a resolution approving an updated agreement between the Town of Los
Gatos and the Town Manager with no net change to the total received
compensation, and authorizing the Mayor to sign the updated agreement
3. Approve extended maintenance agreement and contract with Tiburon, Inc., for
computer aided dispatch (CAD), Records Management System (RMS),
Automated Reporting System (ARS) and Mobile Data Systems (MDS)
4. Authorize the Town Manager to execute an agreement with Coast Counties
Peterbuilt for the purchase of a catch basin sewer cleaner in an amount not to
exceed $319,909
5. Property Location: 137 Bersano Lane. APN 424-29-054. Property Owner:
Barbara Christmann
a. Adopt a resolution approving a purchase and sale agreement for the re-purchase
of an Affordable Housing unit subject to an existing Below Market Price (BMP)
First Right of Refusal option; and
b. Authorizing the Town Manager to negotiate and execute all agreements and
documents necessary and appropriate to effectuate the preservation of the
Affordable Housing unit
MOTION: Motion by Council Member Joe Pirzynski to approve Consent
Items #1-5.
Seconded by Vice Mayor Barbara Spector
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS (Three-minute time limit)
Mr. Guardino
- Invited participation in the annual Applied Materials Silicon Valley Turkey Trot,
which will take place on November 22, 2012.
PUBLIC HEARINGS
6. Adopt resolution authorizing the continued use of Supplemental Local Law
Enforcement Services Funds (SLESF) to provide funding for two (2) full-time
Police officers assigned as motorcycle traffic officers
Chief Seaman presented the staff report.
Council Questions
- Questioned the status of future funding for this item.
Chief Seaman
- Commented that future funding is not guaranteed and will depend on the state
budget.
Opened and closed the public hearing
MOTION: Motion by Council Member Joe Pirzynski to adopt a resolution
authorizing the continued use of Supplemental Local Law
Enforcement Services Funds (SLESF) to provide funding for two (2)
full-time Police officers assigned as motorcycle traffic officers.
Seconded by Vice Mayor Barbara Spector
VOTE: Motion passed unanimously
7. Zoning Code Amendment Application A-12-002. Project Location: 114 Royce
Street. Property Owner/Applicant: Hallway Partners LLC. Consider a request to
amend Town Code Section 29.60.320 regarding permitted uses in the C -2
Vice Mayor Barbara Spector recused herself because of the proximity of her home to
the proposed project.
Marni Moseley presented the staff report.
Opened the public hearing
Mr. Bamburg
- Expressed support for the proposed project.
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Item #7 – Continued
Closed the public hearing
Mazarin Vakharia, Clerk Administrator, read the title of the proposed ordinance.
MOTION: Motion Council Member Steve Leonardis to accept the Planning
Commission’s findings and recommendations in the form of
meeting minutes (Attachment 4); to follow the recommendation of
the Planning Commission and adopt the Zoning Code Amendment
A-12-002; to make the required finding that the proposed Zoning
Code amendments are consistent with the General Plan and its
Elements (Attachment 1); and to introduce the ordinance of the
Town of Los Gatos effecting the zoning code amendment
(Attachment 2).
Seconded by Council Member Joe Pirzynski
VOTE: Motion passed 4/0. Vice Mayor Spector abstained.
8. Planned Development Application PD-12-002. Project Location: 626 W. Parr
Avenue (AKA 612 W. Parr Avenue) Property Owner: Villa Vasona Ltd. Applicant:
Highland Property Development. APN: 406-28-034 Introduction of an ordinance
modifying an existing Planned Development Ordinance to remove existing
covenants that are no longer valid on property zoned R -1:8: PD
Joel Paulson, Senior Planner, presented the staff report.
Opened and closed the public hearing
Mazarin Vakharia, Clerk Administrator, read the title of the proposed ordinance.
MOTION: Motion by Council Member Joe Pirzynski to waive the reading of
the proposed ordinance; to make the required finding that the
proposed zone change is consistent with the General Plan and its
Elements (Attachment 1); and to introduce the ordinance of the
Town of Los Gatos to effectuate the zone change modification
(Attachment 3).
Seconded by Vice Mayor Barbara Spector
VOTE: Motion passed unanimously.
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OTHER BUSINESS
9. Veterans Memorial and Support Foundation of Los Gatos requests:
a. Introduce Foundation to Town Council and the Community
b. Request authorization to provide a Veterans Memorial at the Civic Center
c. Request the use of the potential $20,000 Pageant Grounds Public Art Funding to
incorporate public art as part of the Veterans Memorial Design
Mr. Larson presented the staff report.
Ms. Ellen Manzo presented the Veterans Memorial and Support Foundation’s
(“Foundation”) proposal.
Council Questions
- Questioned what it means to "reserve" the lawn and Civic Center deck.
- Commented that the artist recruitment should be broad and artists who submitted
proposals to the Library may be interested in this project.
- Commented that the 120-day schedule is very aggressive and should be adjusted.
- Questioned the amount of communication with the Arts and Culture Commission
(“ACC”) and the Museums.
Ms. Manzo
- Commented that “reserve” means not to allow other groups to plan permanent
structures on the lawn and the Civic Center walkway that leads to the memorial on
plaza until Council considers the Foundation’s proposal.
- Commented that most communication was with the ACC but not with Museums.
- Commented that the Foundation would welcome assistance with artist recruit ment.
Mr. Larson
- Commented that staff worked with the Veterans Foundation extensively.
- Commented that staff informed the ACC of the Foundation’s work and that the ACC
expressed interest in using the surplus Pageant Grounds money to purchase public
art
- Commented that the proposed pedestrian bridge is an unfunded concept
- Commented that Los Gatos Music and Arts has plans for erecting a permanent
stage in the same place as the temporary one, but no other permanent changes
have been suggested for the front lawn.
Opened the public hearing
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Item #9 – Continued
Mr. Agg
- Commented that the Museums supports the Veterans Memorial and has offered
support for researching veterans.
Mr. Shepardson
- Expressed concern about the location of the veterans memorial and not having too
many public events on or near it because the memorial should be “hallowed
ground.”
Council Discussion
- Commented that the memorial should be accessible and open but also capture a
sense of honor and regard, without it being overly somber and silent.
- Commented that the lawn area is a challenging area for the memorial because there
are many recurring events on the lawn.
Closed the public hearing
Mr. Larson
- Commented that staff will provide a list of annually recurring events that happen on
front lawn.
Suggestions from Council to the Foundation:
- Commented that the ACC requested use of the $20,000 from the Pageant Grounds
fund, but the Veterans could look for alternative funding sources if that one does not
materialize.
- Commented that there should be cooperation between various organizations
regarding funding and space use.
- Commented that the deck is hot and stark but presents an opportunity for artists to
create something inviting in the space.
MOTION: Motion by Mayor Steve Rice to authorize the Foundation to
develop and submit for Council revew and approval two to four
proposals for the location and design of a Veterans’ Memorial at the
Los Gatos Civic Center, incorporating Pageant Grounds and/or the
Civic Center deck, and/or the front lawn and flag poles.
Seconded by Vice Mayor Barbara Spector
VOTE: Motion passed unanimously.
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10. Property Location: 90-160 Albright Way and 14600 Winchester Boulevard
Consider a request for approval of an exception to the Story Pole Policy to allow
an alternative to standard story pole installation to illustrate and provide notice of
the proposed project. APN’s 424-31-053, 054, 063, 424-32-038, 045, 049, 054,
059, 060, 063.
Joel Paulson, Senior Planner, presented the staff report.
Council Questions
- Questioned when the story poles are required to go up and why is consideration of
story poles happening at this stage
Mr. Larson
- Commented that the developer is concerned with having one set of rules and then
having rules change
Mr. Shenk, Applicant
- Commented that the project is now all office and the maximum height of the building
is 65 feet total.
Council Questions
- Questioned whether the 65 foot height is the actual maximum height and whether
any building feature will protrude above the 65 foot maximum height.
- Questioned whether the footprints of buildings would shift.
- Questioned whether a video simulation would be prepared.
- Questioned the reasoning behind the days and hours the cherry pickers and netting
would be present.
Mr. Shenk
- Clarified that 65 feet is the maximum height, inclusive of all building features.
- Clarified there is no plan to change building footprints, except possibly for the
parking structure.
- Commented that physical representation of height is important and that the
proposed dates and times for having the cherry pickers present are driven by
vendors who must monitor the equipment.
Mr. Miller
- Commented that story poles are important but they have limitations, so Council
should consider other options.
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Item #10 – Continued
Mr. Van Nada
- Commented that there is no need to grant an exception to the story pole policy at
this time.
- Commented that multiple techniques to achieve a full simulation should be used
because story poles on a project of this size will not work.
Council Questions
- Questioned Mr. Van Nada on whether story poles with netting provide a perception
of the mass and requested suggestions for how to show mass.
Ms. Fok
- Commented on the need for expanded times for story poles to be up so that there is
adequate notice to the community.
Ms. Quintana
- Commented that mass of the building is not shown with the use of cherry pickers.
Mr. Shepardson
- Commented that there should be more notice of the proposed buildings with
multiple techniques to represent height and mass.
Closed the public hearing
Council Discussion
- Questioned whether the use of story poles as part of an evaluation of the aesthetics
for the Environmental Impact Report (EIR) is standard practice.
- Questioned the timing of the future public hearings for the project.
- Questioned whether there are additional methods to demonstrate the mass and
height of the proposed project.
- Questioned where the Winchester renderings should be placed so they are more
readily viewable.
- Questioned why this exception is being considered now when revised story pole
policy is coming to Council shortly.
- Commented that the most informative procedure would be to put up 65 foot balloons
and create photo simulations based on the relationship of the balloons with the
other buildings.
- Commented that the Council is charged with considering an exception to the current
story pole policy.
- Commented that the use of cherry pickers, netting, signage, and photo simulations
will be adequate to provide appropriate public notice.
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Item #10 – Continued
Mr. Paulson
- Commented that it is not standard practice to use story poles as part of an EIR
evaluation.
- Commented that when the draft EIR is available, there will be a 45 day comment
period and then Planning Commission will make a recommendation to Council.
- Commented that more cherry pickers could string portions of netting to show walls,
but existing streets and buildings are limitations.
Mr. Larson
- Commented that physical on-site representation and photo simulations combined
will work best to show height and mass.
- Commented that signage can be moved south so that it is less made for visible.
- Commented that revised story pole policy will most likely come to Council in
January
Council Discussion
- Expressed support for the use of cherry pickers, beams and netting during hours in
the morning, afternoon, and evening, with specific times depending on sunrise and
sunset, with installation about 3-4 weeks before Planning Commission and Town
Council hearings.
- Commented that sign on Winchester Boulevard should be moved south for
increased visibility.
- Commented that video simulations are not necessarily helpful because they may
not accurately portray the proposed project.
MOTION: Motion by Council Member Joe Pirzynski to approve an
exception to the story pole policy to allow the use of a cherry picker
proposal as the applicant brought before, inclusive of all the
discussion including but not limited to the extension of hours
including Saturdays, the timing of the installation three to four
weeks prior to the Planning Commission and Town Council
hearings, and exploration of photo and video simulation.
Seconded by Vice Mayor Barbara Spector
VOTE: Motion passed 4/1. Council Member Leonardis voted no.
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Item #10 – Continued
The following discussion occurred prior to the vote:
Council Questions
- Questioned the number of cherry pickers to be erected if the proposed exception
were granted.
Mr. Larson
- Commented that six cherry pickers (one for the parking lot and the others for the
buildings) would be erected as proposed by the developer, unless Council
expressed a different preference.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
Attest:
/s/Mazarin A. Vakharia
Clerk Administrator