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M02-18-2014 Town Council Meeting 3/3/14 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING FEBRUARY 18, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, February 18, 2014, at 7:00 P.M. CLOSED SESSION – 6:00 P.M. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code Section 54956.9 [d][1]) Name of Cases:  Los Gatos Citizens for Responsible Development; Lee Quintana vs. Town of Los Gatos  Los Gatos Citizens for Responsible Development; John Shepardson, Andrew Wu vs. Town of Los Gatos MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector. Absent: None PLEDGE OF ALLEGIANCE Karen Trolan led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Leonardis presented the Small Business, Big Applause commendation to Icing on the Cake. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Joe Pirzynski stated he attended the Metropolitan Transportation Commission & Cities Association meetings. - Vice Mayor Marcia Jensen stated she attended the VTA Policy Advisory Committee meeting. - Mayor Steve Leonardis stated he attended the West Valley Sanitation District Board of Directors and West Valley Solid Waste Advisory meetings, and the Silicon Valley State of the Valley Conference. Manager Matters - Announced applications for the Arts and Culture Commission, Transportation and Parking Commission, and the Housing Element Advisory Board are being accepted until Noon, Friday March 7, with interviews and appointments on Monday, March 17. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of: a. February 3, 2014 b. February 10, 2014 Special Meeting 2. Accept FY 2013/14 Second Quarterly Investment Report (October through December 2013) 3. Accept FY 2012/13 Comprehensive Annual Financial Report (CAFR) 4. Adoption of 2014-2016 Strategic Goals 5. Adopt resolution setting date for consideration of reorganization of an uninhabited area designated as Englewood Avenue No. 10, approximately .58 acres, located at 16600 Englewood Avenue (APN: 532-08-056); File #AN-13-005 6. Intention to vacate right-of-way easement on Albright Way and Albright Court and reserve a public utility easement and public service easement over the area a. Adopt resolution of the intention to vacate public right-of-way easement on Albright Way and Albright Court and reserve a public utility easement and public service easement in the area b. Set March 17, 2014 as a public hearing date for the consideration of vacation Council Member Barbara Spector stated she would abstain from Item #1a due to her absence at the meeting. Council Member Barbara Spector pulled Item #6 from the consent calendar. MOTION: MotionVice Mayor Marcia Jensen by to approve consent items SecondedCouncil Member Joe Pirzynski. #1-5. by VOTE: Motion passed unanimously. Council Member Barbara Spector abstained from item #1a. Pulled Item #6 Opened Public Comment at 7:25 p.m. Reed Moulds - Spoke on the vacation of the easement. Margo Bradish - Spoke on the vacation of the easement. 2 Town Council/Parking Authority February 18, 2014 Consent Item #6 – continued John Shepardson - Spoke on the value of the easement and the Albright initiative. Closed Public Comments at 7:37 p.m. Council discussed the matter. MOTION: MotionCouncil Member Diane McNutt by to accept Council agenda report #6 and set March 17 as the public hearing date for Amendment by Council Member consideration of vacation. Barbara Spector that the Council report include what effect, if any, would the approval of this abandonment have on the initiative, and Seconded staff to consider the value of use of the easement. by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Cheriel Jensen - Spoke on concerns about the proposed Hwy 85 Express Lanes. John Shepardson - Spoke on the environmental benefits of white roofs. OTHER BUSINESS 7. FY 2013/14 Mid-Year Budget Performance and Status Report – Six Months Ending December 31, 2013 a. Accept FY 2013/14 Mid-Year Budget Performance and Status Report, including FY 2013/14 Financial Projections b. Authorize budget adjustments as recommended in the Second Quarter Budget Performance Report c. Authorize $150,000 in Capital Funding for expanded Interoperable Radio Acquisition, creation of a Police Analyst and an additional one-time allocation of $175,000 for FY 2014/15 Patrol Over-Strength Position. Steve Conway, Finance Director and Jen Callaway, Finance and Budget Director, presented the staff report. Opened and Closed Public Comments at 8:25 p.m. Council discussed the matter. 3 Town Council/Parking Authority February 18, 2014 Other Business Item #7 – continued MOTION: MotionCouncil Member Joe Pirzynski by to accept the FY 2013/14 Mid-Year Budget Performance and Status report, including FY 2013/14 Financial projections; Authorize budget adjustments as recommended in the second Quarter Budget Performance Report; Authorize $150,000 in Capital Funding for expanded Interoperable Radio Acquisition, creation of a Police Analyst, and an additional one-time allocation of $175,000 in FY 2014/15 Budget for Patrol SecondedMayor Steven Leonardis. Over-Strength Position. by VOTE: Motion passed unanimously. 8. Update on Conditional Use Permit Complaint Process Sandy Baily, Director of Community Development, presented the staff report. Opened Public Comments at 8:46 p.m. Jeff Loughridge - Spoke on the CUP process. Lee Quintana - Spoke on the CUP process. Patti Elliott - Spoke on the CUP process. Closed Public Comments at 8:54 p.m. Council discussed the matter. MOTION: MotionVice Mayor Marcia Jensen by to direct staff to provide the modification/revocation process for approved CUPs on the Town’s website; to include a code complaint form and instructions of how the public can bring action or cause the Planning Commission to bring action on a CUP; to provide response to complainant within two weeks; to require evaluation of an entire CUP rather than selected issues; to provide the Planning Commission with clear direction that it is in its discretion to set a time period for review, and that the time period and type of CUP subject to review be set on a case-by-case basis; and direct staff to provide information on Seconded opportunities for limiting CUPs running with the land. by Council Member Barbara Spector. 4 Town Council/Parking Authority February 18, 2014 VOTE: Motion passed unanimously. 9. Discussion and direction regarding a Town-initiated ballot measure pertaining to development at Albright Way Greg Larson, Town Manager, presented the staff report. Opened Public Comment at 9:02 p.m. Cecil Anison - Spoke against the Albright initiative. Jeff Loughridge - Spoke in favor of a Town sponsored initiative. Amy Dee - Spoke on Netflix’s timing concerns. John Shepardson - Spoke in favor of a Town sponsored initiative. Sean Welch - Spoke on the Albright initiative. Brent Ventura - Spoke against the Albright initiative. Andy Wu - Spoke against the Albright initiative. Lee Quintana - Spoke against the Albright initiative. Margo Bradish - Addressed comments on the Albright initiative. Closed Public Comment at 10:00 p.m. Council discussed the matter. MOTION: MotionMayor Steven Leonardis by to nominate an ad hoc committee to explore the option of putting a competing initiative on SecondedCouncil Member Barbara Spector. the ballot. by 5 Town Council/Parking Authority February 18, 2014 VOTE: Motionpassed 3/2. Council Members Diane McNutt and Joe Pirzynski voting no. ADJOURNMENT The meeting adjourned at 10:32 p.m. Attest: _____________________________________ /s/ Shelley Neis, Interim Clerk Administrator 6 Town Council/Parking Authority February 18, 2014