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MinutesDRAFT Town Council Meeting 3/17/14 Item # i MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING MARCH 3, 2014 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, March 3, 2014, at 7:00 P.M. CLOSED SESSION — 6:15 P.M. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION (Government Code Section 54956.9 fdlf1l) Name of Case: 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 Laura Herron led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met for a Special Closed Session on Tuesday, February 25, 2014, and before tonight's meeting as duly noted on the agendas and there is no report. COUNCIL /TOWN MANAGER REPORTS Council Matters - None Manager Matters - Announced the deadline to apply for board and commission openings is Noon, Friday, March 14. - Announced Jimmy Deenihan, Ireland's Minister of Art and Culture, representing our sister city of Listowel, Ireland, will attend the Council meeting on March 17. Did You Know...? Henry Bankhead, Co- Librarian - Presented information on the new Library statistics. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of February 18, 2014 2. Adopt resolution making determinations and approving the reorganization of territory designated as Englewood Avenue No. 10, containing approximately .58 acres located at 16600 Englewood Avenue (APN: 532 -08 -056) File #AN13 -005 RESOLUTION 2014 -007 3. Adopt resolution setting date for consideration of reorganization of an uninhabited area designated as Shady View Lane No. 1, approximately .41 acres located at 16505 Shady View Lane. (APN: 532 -03 -016) File #AN14 -001 RESOLUTION 2014 -008 MOTION: Motion by Vice Mayor Marcia Jensen to approve Consent Items. Seconded by Council Member Barbara Spector. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Bob Garzee - Spoke on Green Technology. Rob Huston - Spoke against the proposed Hwy 85 express lanes. Mark Weisler - Spoke against the proposed Hwy 85 express lanes. Barry Chang - Spoke against the proposed Hwy 85 express lanes. Cheriel Jensen - Spoke against the proposed Hwy 85 express lanes. Jeff Loughridge - Spoke against the proposed Hwy 85 express lanes. Mary Robertson - Spoke against the proposed Hwy 85 express lanes. Carol Tinsley - Spoke on the Los Gatos School District's proposal to cuts math options. Town Council /Parking Authority March 3, 2014 PUBLIC HEARINGS 4. Architecture and Site Applications S -13 -071 and S -13 -080. Property Location: 16560 Shannon Road. Property Owner /Applicant: JG Building, LLC. Appellant: Jeff Curran, JG Building, LLC. Consider an appeal of the decision of the Planning Commission denying a request to demolish a pre -1941 single - family residence and construct two new single - family residences on property zone R -1:8 (APN 532 -04 -001) RESOLUTION 2014 -009 Erin Walters, Associate Planner, presented the staff report. Greg Simpson, appellant - Spoke on the project. Opened and Closed the Public Hearing at 7:42 p.m. Brad McCurdy - Spoke on the Town's residential design guidelines interpretations. Jeff Ratcliff - Spoke in favor of the project. Lonny Oswalt - Spoke in favor of the project. Howie Spinner - Spoke in favor of the project. Anne Robinson - Spoke against the project. Lee Quintana - Spoke against the project. Greg Simpson, appellant - Addressed comments. Closed the Public Hearing at 8:03 p.m. Council discussed the matter. Town Council /Parking Authority March 3, 2014 Public Hearing Item #4 — continued MOTION: Motion by Vice Mayor Marcia Jensen to adopt a resolution, striking the clause that the Planning Commission erred, granting an appeal of a Planning Commission decision under Town Code Section 2.20.300(b)(2), and remanding the matter to the Planning Commission with direction that there is no implied Council approval of the project with the reduced square footage. Seconded by Council Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Diane McNutt voted no. OTHER BUSINESS 5. 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 RESOLUTION 2014 -002 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 Greg Larson, Town Manager, presented the staff report. Adam Weinstein, Associate at LSA, presented the § 9212 report. Robert Schultz, Town Attorney, presented the settlement agreement. Opened Public Comment at 9:05 p.m. Jeff Loughridge - Spoke in favor of the settlement agreement. Cecil Anison - Spoke in favor of the settlement agreement. Other Business Item #5 — continued Town Council /Parking Authority March 3, 2014 Andy Wu - Spoke in favor of the settlement. Closed public comment at 9:12 p.m. Council discussed the matter. MOTION: Motion by Council Member Barbara Spector to accept report pursuant to California Elections Code § 9212. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Barbara Spector to 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. Seconded by Vice Mayor Marcia Jensen. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Barbara Spector to approve the settlement agreement between Los Gatos Citizens for Resposible Development, Albright Way Initiative Project Sponsors, and Town of Los Gatos. Seconded by Vice Mayor Marcia Jensen. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:23 p.m. Attest: Shelley Neis, Interim Clerk Administrator Town Council /Parking Authority March 3, 2014 THIS PAGE INTENTIONALLY LEFT BLANK