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M05-20-13 Town Council Meeting 6 /03 /13 Item #1 Page 1 of 12 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING MAY 20, 2013 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, May 20, 2013 , at 7:00 P.M. CLOSED SESSION Closed Session began at 6:00 p .m . MEETING CALLED TO ORDER 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 Cou ncil Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE Carter McEn roe, Louise Van Meter Elementary School student , led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Manager CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Town Negotiator: Rumi Portillo, Human Resources Director Unrepresented Employee: Town Manager Ms. Propp stated that Cou ncil met in Closed Session, no action was taken , and there were no items to report. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters - There were no Council Matters for this meeting. Manager Matters - Commented that Parks and Public Works are holding their Open House this week. - Commented that the deadline to apply for the Transportation and Parking and Youth Commission is Wednesday, May 22, 2013. - Welcomed Jackie Rose back as Interim Clerk Administrator. - Commented that there are Desk Items f or Items #1, #4, #7A and #7B and a letter from Rachel Mansfield -Howlett, Attorney for L os G atos C itizens for R esponsible D evelopment (LGCRD). Page 2 of 12 Did You Know...? - Jennifer Laredo, Librarian, presented the S ummer R eading P rogram . CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of May 6, 2013 2. Tract No. 10156 located south of Placer Oaks Road at Frank Avenue Adopt resolution approving Final Map for Tract 10156 located south of Placer Oaks Road at Frank Avenue and accepting the dedications of public easements. 3. Tract No. 10041 - Thrash House (371 Los Gatos Boulevard) Adopt resolution accepting work of Thrash House Investors, LLC, and authorizing the Town Manager to execute certificate of acceptance and notice of complet ion for recording by the Clerk Administrator 4. PPW Job No. 12 -18 - Fiscal Year 2012/13 - Street Repair and Resurfacing Project 811 - 9901 a. Authorize the Manager to execute contract with Intermountain Slurry Seal, Inc., in an amount not to exceed $ 1,424,424.00 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $150,000.00 5. PPW Job. No. 12 -4 - Winchester Blvd/Knowles Avenue Intersection Improvement Project 813 -0204 a. Authorize the Town Manager to execute a construction contract with Duran & Venables Inc., in an amount not to exceed $403,759.00 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $40,000 .00 6. Adopt resolution setting date for consideration of reorganization of an uninhabited area designated as Shannon Road No. 26, approximately .44 Acres located at 16560 Shannon Road (APN: 532 -04 -001); File # AN13 -001 Council Member Diane McNutt recu se d herself from I tem #2 due to a business relationship with the spouse of the property owner . MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items 1 -6. Se conded by Vice Mayor Steven Leonardis. VOTE: Motion passed unanimously on Items 1 and 3 -6 . Item 2 passed 4/0 . Council Member Diane McNutt recused. Page 3 of 12 VERBAL COMMUNICATIONS Sam Bowers - Spoke on b ehalf of KCAT about a movie, A irship D own , being produced by KCAT and Los Gatos High School . C hris Miller - C ompliment ed T own staff leaders on high maintenance of parks and commented we should consider the mission and vision of T own when making decisi o ns . R obert M c C artney - Urged the Council to work quickly to draft an ord inance on gun and ammunition control that places public safety first. R onnie E rickson - Commented that a letter that was sent to the owner of 230 Tait Ave to cease operation of her short term rental by 1/31/12 , but t he rentals continue . - Requested that the T own follow up and take action on this concern. TOWN COUNCIL PUBLIC HEARINGS 7. Planned Development Application PD -12 -001; Architecture and Site Application S -12 -078; and Environmental Impact Report EIR -12 -003. Project Location: 90 -160 Albright Way and 14600 Winchester Boulevard. Property Owner: LG Business Park, LLC. Applicant: John R. Shenk a. Consider a request to modify the existing planned development to allow for redevelopment of the existing site with up to 550,000 square feet of new office/R&D buildings and approval to construct the improvem ents represented in the Planned Development on property zoned CM:PD. APNS 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, and 063 b. Consider a request for Architecture and Site approval for the proposed project c. Consider Certification of an Environmental Impact Report and Mitigation Monitoring and Reporting Program Staff report made by Joel Paulson, Principal Planner. C ouncil C omments - C omplimented staff and consultants for a thorough job. - Requested clarification on the matrix o n attach ment 14. - Questioned the differ en ce between a proposed Planned D evelopment and a proposed A rc hitecture and Site application . - Questioned if any changes could be made once the P lanned D evelopment and A rchitecture and S ite are approved . - Quest ion ed if the setbacks on the south and east side s are the t wo areas that border Charter Oaks . Page 4 of 12 Item #7 Council Comments – Continued - Questioned the FAR and maximum square footage for the proposed Planned Development verses what is currently allowed under T own C ode . - Questioned if the on -street parking on W inchester Boulevard w ould be eliminated and a U - turn on L ark Ave nue and U niversity Avenue could be added. - Expressed concerns about the easements for the public streets that currently exist within the proposed project area. - Questioned the process to abandon the streets . Mr. Paulson - Clarified that the proposed Planned D evelopment illustrates the development standards for the sit e based on genera l development parameters. T he Architecture and S ite shows what they’re proposing to construct which is in conformance with the standards set in the proposed planned development. - Clarified that once approval i s given, if they wanted to deviate from that they would have to come back t o Town Council for modification of the Architecture and Site approval. - Clarified that the south side border is the one near the garage and the east side border is adj acent to proposed building four . - Clarified that the zoning designation doesn’t have a FAR like other designations, so there isn’t a maximum square footage per se , and nothing in the current Planned Development limits that. They would be limited to the maximum coverage , which is 50 percent . Mr. Rohani - Clarified th at parking on the east side of Winchester will be eliminated and the U -turn is already permitted. - Clarified that as a part of the project those easements would be abandoned . O nce the project is completed the roads become privatel y maintained by the developer. - Clarified that the applicant would file an application with Town staff and the final decision is made by the Council. Disclosures by C ouncil - A ll Council M embers visited the property and met with individuals both for and against the project . - All Council M embers visited the Charter Oaks neighborhood. - All C ouncil M embers read all emails received. - Council Member J ensen received a letter from the FPPC that states she is free to participate in the hearing and requ ested a copy of the letter be made part of the record of tonight’s meeting . O pen ed the Public H earing P resentation made by applicant, Jon Shenk. Council Comments - Questioned if the applicant could provide the total number of trees included in the landscape design. - Questioned the landscape design for the proposed project. Page 5 of 12 Item #7 – Continued - Questioned if the current landscaping and existing buildings that are not involved in phase one would remain untouched. - Requested clarification about what would be included in the proposed phase one, two , three and four. - Questioned the height of the proposed berm. - Questioned how traffic control can be worked into the leases. - Questioned if the applicant looked at adding an additional floor to the garage underneath to reduce the surface parking. - Questioned how the applicant is optimizing open space, giving an alternative use or otherwise conforming with the code for planned development . - Questioned fiscal impacts to the T own, what i s the real fiscal impact if the project isn’t full y buil t out . - Questioned the community benefit – confirm the dirt for trail is going to be off hauled . - Questioned the applicant’s willingness to compromise. - Questioned the 35/350, what height does 35 f ee t allow in number of floors, what is the standard height for 3 flo ors . - Questioned contemporary buildings for Class A . - Questioned if there are any o ther potential tenants besides N etflix . Mr. Shenk - Clarified that phase one includes the new full signalized entry to the two new buildings, which goes around to the existing building at 100 Albright Way and includes additional parking area s ; phase two includes building three and the parking structu re, and may include building four . Depending on the existing tenants and lease terms there may be a phase three which would be building four . - Clarified that the existing driv eway that moves through the project would be landscaped and maintained. - Clarified that the EIR has not identified transportation demand measures be incorporated as a r equirement but they have incorporated showers on the ground floor, improve ment of the bus stop out in front, facilitating the pedestrian and bike paths, the bike parking, etc. They would commit to having a TDM program in place for each of the tenants. - Cla rified that 38 percent of the site is open space, which is very significant relative to what current zoning allows. The site coverage is below 25 percent and what’s allowed is 50 percent . The PD is far more restrictive because it’s providing the setbacks and open space. - Clarified the fiscal imp act was not done phase by phase . Removing the current seven buildings and replacing them with newer, more efficient buildings, would be safer and would require l ess police and fir e services. Also, removing the publicly maintained roads from the Town’s ledger and placing th em on the applicant’s ledger would happen immediately. - Clarified that the off haul dirt from the project would be taken to the trail and creek areas where it is n eeded . - Clarified they are willing to talk about alternatives that do not fundamentally change the project as proposed and they are not willing to consider reducing the height and size. - Clarified that Class A office with the height of 35 feet would allow fo r two floors. Allowing about 15 feet from floor to floor is standard for Class A. - Clarified the industry experts have determined the floor plate sizes (foot print of the building) to be between 35 ,000 to 40,000 square feet as the optimal dimension . - Clarified they haven’t marketed yet but comoanies have approached them with interest in the project. Page 6 of 12 Item #7 – Continued R ic h S harpe, Studio 5 Designs, Landscape A rchitect - Commented that the perimeter landscape would be removed along the creek and the s creening associated with Charter Oaks on both edges of the property would be planted as part of phase one . - Commented that the total trees to be removed for the full build -out on the project are 311 out of 579; 255 trees are remaining; 13 trees are being transplanted. The re will be 666 new trees. The total trees o n site will be 934 , including remaining trees plus transplanted and new trees. - Commented that during p hase o ne , they are r emoving 172 trees. - Clarified that all current landscaping not associated with phase one would remain. - Clarified that along the creek trail there is 18 feet from back of curb to property line ; existing oaks and sycamores sit roughly 16 feet off the back of curb. Within the vicinity of existing trees, they would be able to mound total of 30 inches in height . Where there are no existing trees they would install new trees that would complement the creek side appearance. L aura W orthington -Forbes, Kemley, Horn and Associates - Clarified that they did look at alternatives as to creating underground parking, but undergrounding parking is not environmentally sustainable due to greenhouse emissions. P ublic C omment J anet E h rh ar d t - Co mmented that the General Plan speaks to small town, and expressed concerns about deviating from the General Plan . A ndy Wu - C ommented against the project . L aura S anders - C ommented in support of the project . M ar ci a Ristow - Commented against the proposed project . M ark B ri d ley - - Commented against the project. R ichard M inert - Commented in support of the project . J ohn N elson - C ommented in support of the project . C hristine M inert - C ommented in support of the project. Barbara D odson - C ommen ted against the project . Page 7 of 12 Item #7 – Continued G ary F ilizett y - C ommented in support of the project . T om A lbanese - C ommented in support of the project . David R ossi - Commented in support of the project . K ent H illhouse - C ommented in support of the project . L arry A rzie - Commented against the project . D eborah C hin - C ommented against the project . C hristine - Commented in support of the project . C lark S teele - Commented in support of the project . D ennis C hamber - D id not come forward when called. K elly Y oder - Commented in support of the project . L inda N ane z - Commented in support of the project . L e z l i L ogan - C ommented in support of the project . Ja k V an N ada - Commented on the projected school revenues. M ike Y ag h m a i - Commented in support of the project . M ike C harters - Commented in support of the project . D iane A nderson - Commented in support of the project . Page 8 of 12 Item #7 – Continued Ronee N ass - Commented in support of the project . Ann R a lston - Commented in support of the project . R ichard A llen - C ommented against the project . Ginger R o w e - Commented in support of the project . D avid W ells , CFO of N etflix - C ommented they would like to stay in their current location and the current proposal will allow them to do that. Council question of M r . W ells - Questioned if ther e have been any numbers or statistics that show how many business es in Los Gatos are actually frequented by employees of Netflix. Mr. Wells - C larified there hasn’t been a full study but a simple Netflix account payable scan of Los Gatos addresses had shown that there was over $3 million a year in terms of money paid to Los Gatos business es and that did include employee expenditures. K ris L amson - Commented in support of the project . J eff B lack - Commented in support of the project . Mary V adami - C ommented against the project . B ill P uterbaugh - Commented in support of the project . M atthew V on der Ahe - Commented in support of the project . K aren B riones - Commented in support of the project . Bonnie W estman - Commented in support of the project . Kerry L indholm - Commented in support of the project . Page 9 of 12 Item #7 – Continued P at T illman - C ommented against the project . G reg S now - C ommented against the project . K aitlin E astl and - C ommented against the project . R obert D ean - Commented in support of the project . A nna H ellmer - C ommented against the project . M ayor Spec t o r called a 10 minute break at 10:02 p.m. Meeting resumed at 10:13 p.m. C hris C ow e n - C ommented against the project . A nn e R obinson - C ommented against the project . A my D ee - Commented in support of the project . B randon B ain - Commented in support of the project . E ric C onnor - C ommented against the project . L inda S undberg - C ommented against the project . C olin Feichtmeir - D id not come forward when called. B ob S chwimmer - C ommented against the project . M ichael J ames - Commented in support of the project . T odd Y ell i n - Commented in support of the project . S hiloh B allard - Commented in support of the project . Page 10 of 12 Item #7 – Continued W endy R iggs - Commented in support of the project . Council Comment - Questioned the capacity for another parcel tax measure for the Elementary and High School districts in Los Gatos . Ms. Riggs - C larified that studies show that an increase in parcel tax would not pass. M aggie C reighton - C ommented against the project . J an Prinz iv a l l i - C ommented against the project . Lee Q uintana - C ommented against the project . W oody Nedom - C ommented against the project . R ichard H uber - C ommented against the project . R afael Oliverio - C ommented in support of the project . J ohn S obrato - D id not come forward when called. C arla Mason - D id not come forward when called. C arl Gu ardino - C ommented in support of the project . J oe C arroll - C ommented in support of the project . D ale M iller - C ommented against the project . T om W iller - D id not come forward when called. T o dd T r ek e l l - C ommented in support of the project . Page 11 of 12 Item #7 – Continued E ric Hallgrimson - C ommented in support of the project . J ohn S hepardson - C ommented against the project . M ary K air i s - C ommented against the project . J oris E vers - C ommented in support of the project . G inger McD onald - D id not come forward when called. 115 A lmond H ill C t . - D id not come forward when called. GP G reywal - C ommented against the project . Jeann e T orre - C ommented against the project . J ennifer Gre ywal - C ommented against the project . P at B or t l e - C ommented against the project . A lex G arwood - C ommented in support of the project . Mayor Spector called a 5 minute recess at 11:20 p.m. Meeting resumed at 11:25 p.m. Stepha n M c N ulty - C ommented in support of the project . W illiam B urns - C ommented against the project . J effrey S chwartz - D id not come forward when called. P eggy G ibbs - C ommented in support of the project . M ike G ibbs - C ommented in support of the project . Page 12 of 12 Item #7 – Continued W endy O ttinger - D id not come forward when called. Brad Clawsie - D id not come forward when called. L eo M a ni g lioi - C ommented in support of the project . MOTION: Motion by Council Member Marcia Jensen to continue meeting to June 3, 2013 , and limit speakers to those who have already filled out a card and were not called . Se conded by Vice Mayor Steven Leonardis. VOTE: Motion passed 4/1. Council Member Joe Pirzynski voted no . OTHER BUSINESS There was no Other B usiness for this meeting. ADJOURNMENT The meeting adjourned at 11:59 p.m. Attest: /s / Jackie D. Rose, Interim Clerk Administrator