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Desk Item #2MEETING DATE: 03/03/14 ITEM NO: 5 DESK ITEM COUNCIL AGENDA REPORT DATE: MARCH 3, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER ROBERT SCHULTZ, TOWN ATTORNEY Of-c SUBJECT: REPORT AND ACTIONS REGARDING ALBRIGHT WAY INITIATIVE A. ACCEPT REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE § 9212 B. ADOPT RESOLUTION CALLING A SPECIAL ELECTION; REQUESTING THE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION WITH THE JUNE 3, 2014 STATEWIDE DIRECT PRIMARY ELECTION; AND DIRECTING THE TOWN ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS C. APPROVE SETTLEMENT AGREEMENT BETWEEN LOS GATOS CITIZENS FOR RESPONSIBLE DEVELOPMENT, ALBRIGHT WAY INITIATIVE PROJECT SPONSORS, AND TOWN OF LOS GATOS, IF ONE IS PRESENTED D. ACCEPT REPORT FROM COUNCIL AD HOC COMMITTEE ON ALBRIGHT WAY INITIATIVE AND PROVIDE DIRECTION REGARDING PLACING A TOWN -SPONSORED INITIATIVE ON THE JUNE 3, 2014 BALLOT E. PROVIDE DIRECTION REGARDING A TOWN POSITION ON AND/OR SUBMISSION OF ARGUMENTS REGARDING THE ALBRIGHT WAY BALLOT MEASURE REMARKS: The previously submitted desk item included public comment. One page of Lee Quintana's e-mail dated March 3 was inadvertently omitted, and is included in its entirety with this desk item (Attachment 8). Attachments 1-3 (previously received): 1. Report Pursuant to California Elections Code § 9212 2. Resolution Calling the Election PREPARED BY: Coh "D PAMELA JACOBS Assistant Town Manager Reviewed by: Assistant Town Manager !r)t� Town Attorney Finance N:\MGR\AdminWorkFiles\2014 Council Reports\3-3 Albright Desk Item (2) staff report.doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: REPORT AND ACTIONS REGARDING ALBRIGHT WAY INITIATIVE MARCH 3, 2014 3. Public comments received from 12:46 a.m. February 4, 2014 through 12:00 p.m. Thursday, February 27, 2014 Attachment 4 and 5 Received with Addendum dated February 28, 2014: 4. Settlement Agreement (Signed Agreement is available in the Clerk Administrator's Office) 5. Proposed Changes to the Specific Plan Attachment received with this Desk Item: 2. AMENDED RESOLUTION CALLING THE ELECTION 6. Albright Settlement Agreement Confirmation of Terms 7. Public comments received from 12:01 p.m. Thursday, February 27, 2014, through 3:00 p.m. Monday, March 3, 2014 Attachment received with this Desk Item: 8. Public comment from Lee Quintana Distribution: LezLi Logan, proponent Philip Albanese, proponent John Shepardson, Los Gatos Citizens for Responsible Development Andrew Wu, Los Gatos Citizens for Responsible Development Subject: Attachments: Other Business Agenda Item #5 March 3, 2014 Council Meeting TC comments on Agreement_Report 3.pdf From: Lee Quintana[mailto:Ieeandpaul©earthlink.net] Sent: Monday, March 03, 2014 12:00 PM To: Steven Leonard's; Council Cc: Greg Larson; Attorney Subject: Other Business Agenda Item #5 March 3, 2014 Council Meeting Attached below are comments I wish to submit as a Desk Item for tonights meeting. Thank You, Lee Quintana ATTACHMENT 8 To: Major Leonardis and Town Council From: Lee Quintana Subject: Agenda Item #5 Other Business March 3, 2014 Council Meeting would like to thank all who worked to bring the Settlement Agreement a reality in such a short period. I hope the Council will approve the agreement. I do have several questions, however, and would like some clarification on several points. Community Benefit: Please verify that the $350,000 referred to in the agreement is in addition to the Community Benefit in the 2013 approved Conditions of Approval. Petitioners: Is there a typo in the first sentence of the Settlement Agreement? Is there a missing word? What does "individual entities" mean? Modifications to Approved 2013 A&S application: Addition of bridges: While the proposed bridges appear to be consistent with the approved architectural style I believe they are a new feature Project approvals: If permits for the Albright project are issued prior to June under the existing prior approvals will that affect the Initiative, should it be approved? Revisions to approved plans: • It is not clear that any of the modifications suggested by the public have been, or will be, incorporated into the revised A&S approval. The suggested changes are to the site circulation and the parking plan. Circulation system: While the suggested changes to the circulation system would require substantial revisions, the suggested revisions to the Parking Plan would not involve major changes to the site plan or changes to the architecture of the office and garage structures. • Parking Plan: The suggestions to the parking plan: 1. Would be substantially in compliance with the approved plans PD 2. Would substantially increase the landscape buffers adjacent to Charter Oaks and the Creek Trail. 3. Would not require any architectural changes to the office or garage structures. 4. Would be substantially consistent with the approved site plan. 5. Would be consistent with the minimum parking requirements of +/-1600 spaces and would provide sufficient parking for the anticipated employees even before consideration of the potential TMD program or a 13 the potential Vasona Light Rail extension, should it become a reality in the future. Consider the following: Apart from the Settlement Agreement given the A&S plans will be modified to include new bridges to benefit the Business Park, I ask that the Los Gatos Business Park also request a modification of the A&S approval to incorporates suggested changes to the parking plan to benefit Charter Oaks and the Creek Trail. Again, in closing I ask the Council to approve the Settlement Agreement before you tonight. Lee Quintana THIS PAGE INTENTIONALLY LEFT BLANK