1DRAFT Town Council Meeting 8/05/13
Item #
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
JUNE 17, 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, June 17,
2013, at 7:00 P.M.
CLOSED SESSION
Closed Session began at 6:15 p.m.
MEETING CALLED TO ORDER
The 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 Council Member Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE.
Katherine Callow, Alta Vista Elementary School, led the Pledge of Allegiance. The audience
was invited to participate.
CLOSED SESSION REPORT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 137 Bersano Lane, Los Gatos, APN 424 -29 -054
Negotiating parties: Town of Los Gatos by Negotiator: Greg Larson, Town Manager
Barbara Christmann, property owner
Under Negotiation: Terms
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED OR INITIATION OF LITIGATION
(Government Code Section 54956.9[d][2] AND 54956.9[d][4])
137 Bersano Lane, Los Gatos, APN 424 -29 -054
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Government Code Section 54956.9[d][4])
2 potential cases
- Judith Propp, Town Attorney, stated no action was taken on the first two items. Council
authorized litigation in one case on the third item.
COUNCIL /TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Leonardis stated he attended meetings for West Valley Sanitation District and
West Valley Collection and Recycling Solid Waste Advisory Committee.
Manager Matters
- Announced that applications are still being accepted for the Transportation and Parking
Commission.
- Announced the Special Olympics Torch Run is Thursday, June 20th.
- Stated there are desk items for items 1, 3, 5, and 12.
CONSENT ITEMS
1. Approve Council minutes of:
a. May 28, 2013 Special Meeting
b. June 3, 2013
2. Annual renewal of agreement for services with the Los Gatos Chamber of Commerce to
manage the Town's Information Center and coordinate the Leadership Los Gatos
Program.
3. Authorize Town Manager to negotiate and execute lease agreement with Los Gatos
Museum Association for a portion of the former library space at the Civic Center.
4. Authorize the Town Manager to execute an agreement with the County of Santa Clara to
reimburse the County for the purchase of radio equipment from Motorola in an amount
not to exceed $200,000.
5. Planned Development PD -12 -001; 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. APNS: 424 -31 -053, 054,
063, 424 -32 -038, 045, 049, 054, 059, 060, and 063.
a. Adopt revised Resolution 2013 -024 certifying the Environmental Impact Report
for the project; and
b. Adopt Ordinance 2216 rescinding Ordinances 1247,1366, and 1955 and
amending the Zoning Ordinance effecting a zone change from CM:PD to CM:PD
At 90 -160 Albright Way and 14600 Winchester Boulevard
6. PPW Job No. 11 -07 - Downtown Tree Light Replacement Project 411- 821 -2007.
Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of Siemens Industry, Inc. and authorize recording by the
Clerk Administrator.
7. PPW Job No. 12 -19 - FY 2012/13 Curb, Gutter, and Sidewalk Maintenance Project 411-
813 -9921. Authorize the Town Manager to execute a certificate of acceptance and
notice of completion accepting the work of JJR Constructions, Inc. and authorize
recording,by the Clerk Administrator.
8. PPW Job No. 13 -22 - Hillside Road Repair and Resurfacing Project 421- 811 -0007.
Approve plans and specifications for Hillside Road Repair and Resurfacing project and
authorize staff to advertise the project for bid.
9. Adopt Resolution 2013 -025 of the Town of Los Gatos authorizing the Town Manager to
execute a Memorandum of Agreement for the Santa Clara County Recycling and Waste
Reduction Commission Technical Advisory Committee
Council Member Marcia Jensen pulled Item #2 from the Consent Agenda and it will be
heard at the August 5, 2013, Council meeting.
Ms. Lee Quintana pulled Item #5 from the Consent Agenda.
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Town Council /Parking Authority June 17, 2013
Consent Items — Continued
MOTION: Motion by Vice Mayor Steven Leonardis to approve the consent items,
excluding items 2 and 5.
Seconded by Council Member Joe Pirzynski. ,
VOTE: Motion passed unanimously.
Pulled Agenda Item ##5
Planned Development PD -12 -001; and Environmental Impact Report EIR -12 -003. Project
Location: 90 -160 Albright Way and 14600 Winchester Boulevard
Opened the public hearing 7:17 p.m.
Ms. Lee Quintana
- Expressed concerns about-parking reductions which were not stated explicitly in Council's
motion.
- Questioned if there are implementation measures that would allow for change of the
landscaping plans and the parking spaces.
Greg Larson, Town Manager
- Explained the parameters of the hearing.
- Clarified that the motion should include the desk item changes.
Ms. Jennifer Grewal
- Requested clarification on safety of the "keep clear" zone at Charter Oaks.
- Suggested that a signalized intersection at Charter Oaks be evaluated by a professional
traffic organization.
Mr. John Shepardson
- Commented against the project.
Mr. Jeff Loughridge
- Requested clarification on conditions related to traffic mitigation fee; community benefit;
traffic signal timing and synchronization; what significant building occupancy means; what
"substantially completed" means; restoration time.
Mr. Jak Van Nada
- Questioned why the Town decided to charge 57% of what other towns charge, and why the
garage square footage wasn't included in the total for the community benefit.
Ms. Anne Robinson
- Requested clarification on the revisions submitted by the applicant on May 20 regarding the
balcony of Bldg 4; screening between the garage and Willow Hill Court; relocation of the
southern -most trash enclosure; mechanical equipment height limitation, and the vehicle
circulation.
Town Council /Parking Authority June 17, 2013
Pulled Consent Item #5 — Public Hearing Continued
Mr. Andy Wu
- Requested that the ordinance and architecture and site guidelines clarify that there will be
no increase of the footprints in any of the four buildings as construction proceeds.
Closed the public hearing at 7:41 p.m.
Council Members Questioned:
- The value of the easements that are part of the approval and given to the developer.
- The cost savings for the maintenance of the easements.
- The effect of the State Highway Code on any obligations the Town might have when the
easement converts from public to private.
- Past precedence for easements and why the Town didn't opt to do an appraisal.
The cost of replacing and repaving for approximately two miles.
- Whether the items raised by speakers are ministerial that can be subject to review during
the architecture and site process or if they are a substantive change.
How the $1 per square foot for the community benefit fee is calculated and whether it is in
addition to the traffic fee.
If staff determines a "keep clear" zone is not appropriate whether it would not have to be
implemented.
Staff responses to questions raised by Council Members:
Greg Larson, Town Manager
- Clarified the streets would be vacated; the Town does not own the streets, only an
easement solely for public access which would no longer be public access on those
properties. They would become privately maintained streets, access and driveways, which
is the norm for planned developments at this time.
- Clarified that the following two factors identified in the desk item would be the two future
cost avoidances:
• Future maintenance obligation for the Albright Loop;
• Inherent liability that comes with ownership with any public streets.
- Clarified the desk item was to try to differentiate changes to the architecture and site
application that have already been directed by Council which will go to the consulting
architect for final review and approval. Any future changes that may be desired later that
haven't been subject to Council action would have to go back through the Planning
Commission and Council process.
- Clarified the issues raised by Ms. Quintana and Ms. Robinson will be part of the consulting
architect's review as the applicant goes through the process.
- Clarified the "keep clear" zone would not have to be implemented if found to be unsafe, and
staff would return to Council for direction and discussion in that case.
- Clarified there were no substantive changes to the project as a result of issues raised by the
speakers.
Judith Propp, Town Attorney
- Clarified that under the Streets and Highway Code, when a public agency vacates or
abandons an easement because there's no reason for a public use anymore, then that land
is transferred free and clear of its easements. If the Town files an abandonment or vacation
with Council's approval of the final map, then the underlying landowner owns that land, and
there is nothing for the Town to own or sell or negotiate.
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Town Council /Parking Authority June 17, 2013
Agenda Item #5 Staff Responses - Continued
Under state law it is not the Town's land to value, the land remains with the underlying
property owner.
Kevin Rohani, Town Engineer
- Clarified there has not been any project in staff's memory that would necessitate the
vacation of such easements.
- Clarified the Town has not determined the exact amount of maintenance cost savings for
the purposes of this project.
- Clarified the cost would be about $2.2 million to reconstruct 2 miles of roadway with curb
and gutter on both sides.
Joel Paulson, Principal Planner
- Clarified that the community benefit is in addition to what is required of the project. Any of
the other items included in the letters referenced in the performance standard can be listed
in the ordinance if so directed.
(NOTION: Motion by Council Member Marcia Jensen to adopt the resolution and
ordinance with the following modifications:
• Modify Ordinance Section V, paragraph 47, SIGNS: There will be no
freeway visible signage
• Accept the two actions presented in the original staff report dated May
20, 2013, with additional direction to staff as stated in the desk item
dated June 17, 2013, listed below:
0 - .Staff will report back by the final map on the updated cost
savings to the Town for vacation of the public right -of -way
easement. Staff should explore whether an appraisal can be
acquired and, if so, that it would be part of staff analysis.
0 That the changes suggested by public comments related to the
revised architecture and site be considered by the consulting
architect as directed at the prior Council meeting of June 3,
2013.
0 The "keep clear" be implemented as appropriate as soon as
possible following the traffic safety study.
0 The Community Benefit should explicitly add the specificity of
what the applicant offered.
Seconded by Vice Mayor Steven Leonardis.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. John Shepardson
- Recognized retired Los Gatos High School teacher and wrestling coach, Scott Downs.
Mr. Tony Alarcon
- Requested that the Town consider open space areas throughout the Albright Way project
for public access.
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Town Council /Parking Authority June 17, 2013
PUBLIC HEARINGS
10. Abatement Of Hazardous Vegetation (Brush) Adopt resolution overruling objections and
ordering hazardous vegetation abatement (brush)
Kevin Rohani, Town Engineer; presented the staff report.
The public hearing was opened and closed at 8:33 p.m. There were no speakers.
MOTION: Motion by Council Member Diane McNutt to overrule the non - existing
objection and order hazardous vegetation abatement: brush.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
11. Landscaping and Lighting Assessment Districts No. 1 & 2
a. Adopt Resolution 2013 -026 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Blackwell Drive Benefit Zone
b. Adopt Resolution 2013 -027 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Kennedy Meadows Benefit Zone
c. Adopt Resolution 2013 -028 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Santa Rosa Heights Benefit Zone
d. Adopt Resolution 2013 -029 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Vasona Heights Benefit Zone
e. Adopt Resolution 2013 -030 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 1 - Hillbrook Drive Benefit Zone
f. Adopt Resolution 2013 -031 confirming the diagram and assessments, and
levying and authorizing collection of assessments for Landscape and Lighting
Assessment District No. 2 - Gemini Court Benefit Zone
Kevin Rohani, Town Engineer, presented the staff report.
The public hearing was opened and closed at 8:35 p.m. There were no speakers.
MOTION: Motion by Vice Mayor Steven Leonardis to approved items 3 through 8
in the staff report and all applicable attachments.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Town Council /Parking Authority June 17, 2013
Public Hearings — Continued
12. Consider introduction of an ordinance to add a new section XIII to Chapter 14 of the Los
Gatos Town Code entitled "Firearms Dealers Sale of Firearms and Ammunition" to
require a regulatory permit process for the sale of firearms and ammunition
Judith Propp, Town Attorney, presented the staff report.
Council Members Questioned:
- What can and cannot be talked about tonight.
- Whether land use regulations and the regulatory process will be cross referenced.
- If the moratorium would be in effect until Council approves land use regulations.
- Whether all the applicants' names could be listed on the application.
- Whether there is a legal reason not to include an applicable land use permit with this
ordinance should the Town enact the requirement.
- Clarified that the ad hoc committee is working simultaneously with the regulatory process
and has not eliminated the land use portion.
- The 60 days of security , video retention.
Staff responses to questions raised by Council Members:
Judith Propp, Town Attorney
- Clarified the issue before the council tonight is the regulatory requirements only, land use is
still under development and will proceed to Planning Commission before coming to the
Council for consideration.
- Clarified the moratorium would remain in effect until Council approves land use regulations.
- Clarified that Council could modify and add language to the ordinance specifically to include
names of individual applicants, all partnerships or other business entities and every
individual who has an interest in the partnership or business entity.
- Clarified the land use restrictions don't exist now and Council would have to potentially
amend this ordinance if those regulations don't come to fruition if language was included
regarding land use.
Greg Larson, Town Manager
- Clarified other jurisdictions were reviewed and the Police Department recommended 60
days retention of security video.
- Clarified the regulatory permit could apply to existing businesses.
Opened the public hearing at 8:55 p.m.
Amy Goldsmith
- Thanked Council for their attention to the matter.
Public Hearing Item #12 - Continued
John Reily
- Commented on Templar Sports.
Benjamin Cogan
- Spoke against the ordinance.
Town Council /Parking Authority June 17, 2013
Public Hearing Item #12 - Continued
Michael Payne
- Spoke against the ordinance.
Gloria Strong
- Spoke against the ordinance.
Hans Johsens
- Spoke against the ordinance.
Nicky McAllister
- Spoke in favor of the ordinance.
Don Wolf
- Spoke against the ordinance.
Alexander Malcolm
- Spoke against the ordinance.
Ted Simpson
- Spoke against the ordinance.
Julie Maia
- Spoke in favor of the ordinance.
James Creighton
- Spoke in favor of the ordinance.
Robert Shackelford
- Spoke against the ordinance.
Jess Guy
- Spoke against the ordinance.
Khalil Varner did not come forward when called.
Robert Sutterfield
- Spoke against the ordinance.
Bonnie Williams
- Spoke against the ordinance.
Cindy Schneider
- Spoke in favor of the ordinance.
Lauri Pastrone
- Spoke in favor of the ordinance.
Deborah Weinstein
- Spoke in favor of the ordinance.
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Town Council /Parking Authority June 17, 2013
Public Hearing Item #12 - Continued
Scott (no last name provided)
- Spoke against the ordinance.
Chris Potter
- Spoke in favor of the ordinance.
Jeff Klopotic
- Spoke against the ordinance.
Chris Giangreco
- Spoke against the ordinance.
Dominic DeCarlo
- Spoke against the ordinance.
Brad Seifers
- Spoke against the ordinance.
Brett Johnson
- Spoke against the ordinance.
John Shepardson
- Spoke in favor of the ordinance.
Maggie Creighton
- Spoke in favor of the ordinance.
Thang Nguyen
- Spoke against the ordinance.
Andy Wu
- Spoke in favor of the ordinance.
The public hearing was closed at 10:15 p.m.
MOTION: Motion by Vice Mayor Steven Leonardis to waive the reading and
introduce the ordinance. Amendment by Mayor Barbara Spector that
the principles of the partnership and the shareholders of the corporation
be identified on applications for permits.
Seconded by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
Jackie Rose, Interim Clerk Administrator, read the title of the ordinance.
OTHER BUSINESS
None.
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Town Council /Parking Authority June 17, 2013
ADJOURNMENT
The meeting adjourned at 10:26 p.m.
Submitted by:
Attest:
Shelley Neis, Deputy Clerk Jackie D. Rose, Clerk Administrator
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Town Council /Parking Authority June 17, 2013