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Minutes of February 3, 2014DRAFT Town Council Meeting 2/18/14 Item # I MINUTES OF THE TOWN COUNCIUPARKING AUTHORITY MEETING FEBRUARY 3, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, February 3, 2014, at 7:00 P.M. CLOSED SESSION — 6:15 p.m. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 14850 Winchester Boulevard (APN: 424 -31 -055) Negotiating parties: Town of Los Gatos (Negotiator: Greg Larson, Town Manager) Santa Clara County Fire Department (Negotiator: Ken Kehmna, Fire Chief) Boccardo Management Group, LLC (Negotiator: Jim Rees) Under negotiation: Terms and price 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. Absent: Council Member Barbara Spector PLEDGE OF ALLEGIANCE Paige Fronczak, Fisher Middle School, led the Pledge of Allegiance. The audience was invited to participate. 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 attended the special emergency session of the Association of Bay Area Governments. - Council Member Diane McNutt attended the Santa Clara Valley Water Commission meeting. Manager Matters - The library was closed on Friday, January 31 due to a major power outage and was fully operational on Saturday, February 1. - The reception for the new Art in the Council Chambers exhibit by the Los Gatos High School Advanced Art Class will be held Thursday, February 13. Did You Know...? Christina Gilmore, Assistant to the Town Manager - Presented information on the Single Use Carry-Out Bag Ordinance that went into effect February 3. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of February 21, 2014 2. Authorize the Town Manager to sign the Memorandum of Understanding for the South Bay Information Sharing System (SBISS) South Bay Region Node 3. Accept Report on Affordable Housing Overlay Zone (AHOZ) Design Guidelines MOTION: Motion by Vice Mayor Marcia Jensen to approve consent items #1 -3. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Dale Miller - Spoke on the Elks Lodge property development. PUBLIC HEARINGS 4. Architecture and Site Applications S -13 -049. Property Location: 134 Loma Alta Avenue. Property Owner /Applicant: Donald J. Prolo, II. Appellant: Lezli Logan Consider an appeal of the decision of the Planning Commission approving a request to demolish a pre -1941 single - family residence and construct a new single - family residence on property zoned R -1:8. APN 532 -29 -033 RESOLUTION 2014 -003 Jennifer Savage, Associate Planner, presented the staff report. Opened the Public Hearing at 7:15 p.m. Lezli Logan, appellant and Karen Evendon - Spoke on the project. Donald Prolo, applicant - Spoke on the project. Christopher Evenden - Spoke in favor of the appeal Town Council /Parking Authority February 3, 2014 Public Hearing Item #4 — continued Bess Hilliard - Spoke against the appeal. Steve Piasecki - Spoke in favor of the appeal. John Shepardson - Spoke against the appeal. Jim Lyon - Spoke in favor of the appeal. Donald Prolo, applicant - Addressed comments made. Karen Evenden and LezLi Logan, appellant - Addressed comments. Closed the Public Hearing at 7:53 p.m. Council discussed the matter. MOTION: Motion by Vice Mayor Marcia Jensen to uphold the Planning Commission's decision approving Architecture and Site application S -13 -049; and deny the appeal, make the required findings and considerations (Attachment 8) and approve Architecture and Site application S -13 -049, subject to the conditions in Attachment 9 and the development plans (Attachment 13); and Adopt the resolution denying an appeal of a Planning Commission decision approving Architecture and site application S -13 -049 (Attachment 10). Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. OTHER BUSINESS 5. Adopt resolution establishing a Housing Element Advisory Board for the 2014- 2022 Housing Element Update RESOLUTION 2014 -004 Erwin Ordonez, Senior Planner, presented the staff report. Opened and closed the Public Hearing at 8:04 p.m. Town Council /Parking Authority February 3, 2014 Other Business Item #5 — continued MOTION: Motion by Council Member Diane McNutt to adopt a resolution establishing a 9- member General Plan Committee with 4 resident members as the Housing Element Advisory Board for the 2014- 2022 Housing Element Update. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously 6. Albright Way Initiative a. Accept Election Official's Certification of the sufficiency of the Albright Way Petition 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. Direct staff to prepare the required budget adjustment as part of the mid- year budget review. Greg Larson, Town Manager, presented the staff report. Opened the Public Hearing at 8:34 p.m. Jeanne Torre - Spoke in favor of requesting a report. Barbara Dodson - Spoke in favor of requesting a report. Anne Robinson - Spoke against the initiative. Jack Van Nada - Spoke against the initiative. Jennifer Grewel - Requested Council place opposing measure on the ballot. Phillip Albanese - Spoke in favor of the initiative. 4 Town Council /Parking Authority February 3, 2014 Other Business Item #6 - continued LezLi Logan - Spoke in favor of the initiative. John Shepardson - Spoke in favor of requesting a report. Cecil Anison - Spoke in favor of requesting a report. Suzanne Noble - Spoke in favor of requesting a report. Jeff Loughridge - Spoke in favor of requesting a report. Janet Prinzivalli - Spoke in favor of requesting a report. Sean Welch - Addressed comments and questions raised. Patrick Tillman - Spoke in favor of requesting a report. Greg Snow - Spoke in favor of requesting a report. Andy Wu - Spoke in favor of Council writing a statement. Jeff Black - Spoke in favor of the initiative. Richard Erbst - Spoke in favor of requesting a report. Larry Arzie - Spoke in favor of requesting a report. Robert Schwimmer - Spoke against the initiative. s Town Council /Parking Authority February 3, 2014 Other Business Item #6 — continued Closed the Public Hearing at 9:31 p.m. Council discussed the matter. MOTION: Motion by Council Member Diane McNutt to accept the Elections Official's certification of the sufficiency of the Albright Way petition. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously MOTION: Motion by Council Member Diane McNutt to request staff and whatever resources are required, to prepare a report pursuant to California Elections Code § 9212 on the following: 1. A clear and concise description of what is different or the same from what the Council approved and what is outlined in the initiative, including size, dollars, and any other factual points that seem appropriate to cover; 2. A clear understanding and description of what the initiative authorizes Town staff to be able to do and what it can't do; 3. What impact, if any, the initiative, if approved, has on the General Plan; To include specific information on the following subsections: (a)(1) Fiscal Impact: cost of holding an election to the Town; (a)(2) Internal Consistency with Town's General Plan; (a)(4) Impact on Funding for Infrastructure; (a)(5) Impact on Community's Ability to Attract and Retain Business and Employment; (a)(7) Impact on Open Space, Traffic Congestion Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously ADJOURNMENT The meeting adjourned at 10:00 p.m. Attest: Shelley Neis, Interim Clerk Administrator Town Council /Parking Authority February 3, 2014