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Desk ItemMEETING DATE: 02/18/14 ITEM NO: 9 DESK ITEM COUNCIL AGENDA REPORT DATE: FEBRUARY 18, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: DISCUSSION AND DIRECTION REGARDING A TOWN -INITIATED BALLOT MEASURE PERTAINING TO DEVELOPMENT AT ALBRIGHT WAY REMARKS: After the staff report and subsequent Addendum were prepared for this agenda item, additional public correspondence was received during the period from 2:01 p.m. Friday, February 14 through 3:00 p.m. Tuesday, February 18 (Attachment 3). Attachment 1 (previously received): 1. Office of the Town Attorney Memorandum dated February 12, 2014 Attachment 2 received with Addendum dated February 14, 2014: 2. Public comments received from 3:00 p.m. February 3, 2014, through 2:00 p.m. Friday, February 14, 2014 Attachment received with this Desk Item: 3. Public comments received from 3:01 p.m. Friday, February 14, 2014, through 3:00 p.m. Tuesday, February 18, 2014. PREPARED BY: GREG LARSON Town Manager Reviewed by: Assistant Town Manager 'ZU town Attorney Finance N: MGRVAdminWorkFilesl2014 Council ReportsL-18-14.TownBallotMeasureDesk Item.doc THIS PAGE INTENTIONALLY LEFT BLANK Subject: Attachments: FW: ALBRIGHT BALLOT LG-Alb-CounterB21814-4.pptx From: John Shepardson [mailto:shepardsonlaw@me.com] Sent: Tuesday, February 18, 2014 1:42 PM To: Steven Leonardis; Marcia Jensen; Diane McNutt; Joe Pirzynski; BSpector; Council; Greg Larson Subject: ALBRIGHT BALLOT JOHN A. SHEPARDSON, ESQ. 59 N. Santa Cruz Avenue, Suite Q Los Gatos, CA 95030 T: (408) 395-3701 F: (408) 395-0112 CONFIDENTIALITY NOTICE: the information contained in this e-mail, including any attachment(s), is confidential information that may be privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or if you received this message in error, then any direct or indirect disclosure, distribution or copying of this message is strictly prohibited. If you have received this message in error, please notify Marti H. Castillo at the Law Office of JOHN A. SHEPARDSON immediately by calling (408) 395-3701 and by sending a return e-mail; delete this message; and destroy all copies, including attachments. Thank you. IRS CIRCULAR 230 DISCLOSURE To ensure compliance with new requirements of the Internal Revenue Service, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication. ATTACHMENT 3 THIS PAGE INTENTIONALLY LEFT BLANK 2/18/2014 ALBRIGHT: SAVE OUR TOWN & KIDS & KEEP NETFLIX TOWN SOVEREIGNTY STRUCTURE: TOWN COUNCIL TOWN MANAGER COMMUNITY DEVELOPMENT DIRECTOR 2/18/2014 DEVELOPER'S BALLOT MEASURE "The primary administrator of the Specific Plan is the Town's Community Development Director (Director)." (emphasis added) 3) 2 2/18/2014 DEVELOPERS' NEW STRUCTURE FOR TOWN 1. COMMUNITY DEVELOPMENT DIRECTOR 2. TOWN MANAGER 3. TOWN COUNCIL --WHY? - -MAXIMIZE PROFITS - -LESS OVERSIGHT = SELL ENTITLEMENTS FOR MORE $ L 0' 3 2/18/2014 COUNTER - BALLOT: KEEP TOWN & KIDS SAFE & KEEP NETFLIX PERFECT STORM OF TRAFFIC- (IN SJ IN 3 YEARS 13TH TO 5TH WORSE IN sI" 4 2/18/2014 MORE TRAFFIC FROM LAUREL MEWS, SWANSON, GATEWAY AN D NORTH FORTY CALIFORNIA OTS--MOST RECENT STUDY-2011 LOS GATOS WORST IN CLASS IN YOUTH BICYCLE SAFETY Bicyclists < 15 6 24/93 1/94 21/94 OVERALL FOR TRAFFIC SAFTEY—BOTTOM 25% g 6 2/18/2014 APRIL 2012 TO APRIL 2013 INCREASED BY 255%--SJ MERCURY NEWS VTA-NORMAL PROJECTION 1-2% PER YEAR NBC BAY AREA 11/11/13 San Jose Traffic Doubles; Worst Increase In Country 42/ 5 2/18/2014 PROPOSAL: - -KEEP TOWN SOVEREIGNTY - -KEEP KIDS SAFE WITIH LESS UNNECESSARY TRAFFIC - -FOLLOW EIR SUPERIOR ALTERNATIVE OF 350K - -KEEP NETFLIX-ONLY NEED 242.5K - -$600K TO $930K IN $ FOR SCHOOLS - -ELEGANT SOLUTION JOIN US IN SAVING OUR TOWN & KIDS & KEEPING NETFLIX BY OPPOSING THE HOSTILE TAKEOVER. CONTACT US, "WE LOVE LOS GATOS", AT 408-348-7836. THIS PAGE INTENTIONALLY LEFT BLANK