MinutesDRAFT Town Council Meeting 10 /07/14
Item # I
MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING
SEPTEMBER 16, 2014
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
September 16, 2014, at 7:00 p.m.
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
Claire Strickland, Los Gatos Youth Commission Chair, led the Pledge of Allegiance. The
audience was invited to participate.
PRESENTATIONS
Mayor Leonardis presented the Small Business, Big Applause commendation to Pet
People Los Gatos.
Gary Harwin accepted the award and expressed thanks and appreciation.
Mayor Leonardis presented a commendation to Council Member Diane McNutt in
recognition of her Small Business award from the Los Gatos Chamber of Commerce.
Mayor Leonardis presented a commendation to CASA in recognition of their years of
service to the Town.
Joanne Rodgers accepted the award on behalf of CASA and expressed thanks and
appreciation.
CLOSED SESSION REPORT
There was no closed session.
COUNCIL /TOWN MANAGER REPORTS
Council Matters
Council Member Joe Pirzynski stated he attended the League of California Cities
Annual Conference and Board of Directors meeting, the Metropolitan Transportation
Commission Committee meetings, and the Cities Association of Santa Clara Countv
meeting.
Mayor Steven Leonardis stated he attended West Valley Solid Waste Management
Authority Board meeting, and the West Valley Sanitation District Board of Directors
meeting.
Manager Matters
- Board and Commission recruitment is underway and the deadline to submit
applications is Friday, December 5, 2014.
- The annual Screen on the Green is Friday, September 19 at Oak Meadow Park
showing "Monsters University" with children's activities before the movie.
- The new Public Guide to Town Council Meetings is now available on line and in
print.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council Minutes of September 2, 2014
2. Adopt a resolution making the determinations and approving the reorganization
of territory designated as Hilow Road No. 5, approximately 0.26 acres located at
16442 Hilow Road. APN 532 -04 -076. File #AN14 -003 RESOLUTION 2014 -062
MOTION: Motion by Vice Mayor Marcia Jensen to approve the consent
items. Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Gina Ventimiglia
- Commented on school overcrowding and traffic concerns.
Rick Tinsley
- Commented on school overcrowding.
Tom Thimot
- Commented on development mitigation.
John Shepardson
- Presented a Power Point presentation on green bike lanes
Steve Bakota
- Commented on school overcrowding and building regulations.
Shauna Goulden
- Commented on school overcrowding.
Susan Freiman
- Commented on school overcrowding.
Tony Ventimiglia
- Commented on traffic concerns.
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Town Council /Parking Authority September 16, 2014
PUBLIC HEARINGS
3. North Forty Specific Plan, General Plan Amendment GP -14 -001 Zoning Code
Amendment Z -14 -001, and Environmental Impact Report EIR -10 -002. Project
Location: the plan area comprises approximately 44 acres located at the northern
extent of the Town of Los Gatos, bordered by State Route 17 and State Route 85
freeways to the West and North. Los Gatos Boulevard to the ea st and Lark
Avenue to the South. APN 424 -07 -009 010 024 through 027 031 through 037
052 through 054, 060, 063 through 065 070 081 through 086 090 094 through
096, 099, 100, 424 -06 -115. 116 and 129. Property Owners: Thomas & Mivoko
Yuki Herbert & Barbara Yuki ETPH LP William Mattes Peter Brutsche William
Fales. William Hirschman Elizabeth Dodson Patricia Connell Hans Mattes Tak
Petroleum, Dewey Ventura, Alexander & Betty Moisenco Lucy, Dagostino
Robert & Georgianna Spinazze, Marianne Ezell, Los Gatos Medical Office
Center, LLC. Applicant: Town Of Los Gatos
a. Consider certification of an Environmental Impact Report, adoption of a
Mitigation Monitoring and Reporting Program, and adoption of findings of
fact and statement of overriding considerations.
b. Consider adoption of the North Forty Specific Plan
c. Consider adoption of General Plan amendments
d. Consider adoption of an ordinance effecting a zoning code amendment
(Continued from 912114)
Laurel Prevetti, Assistant Town Manager /Community Development Director, presented
the staff report.
Council discussed the matter.
MOTION: Motion by Vice Mayor Marcia Jensen that the EIR not be
certified, specifically due to two identified significant unavoidable
impacts:
• Traffic impacts to two segments of Highway 85; and
• Loss of orchard and agricultural resources.
As justification for the motion, Vice Mayor Jensen included in the
motion that she could not make the required CEQA finding that the
traffic impacts were the responsibility of another agency, Caltrans;
and could not support the Statement of Overriding Considerations
which declared that the economic, social and other benefits of the
proposed Specific Plan outweighed the loss of agricultural
resources and, in particular, could not make the finding that
"architectural gestures" to the agricultural heritage were sufficient to
outweigh its loss.
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Town Council /Parking Authority September 16, 2014
Public Hearing Item #3 — continued
Further, Vice Mayor Jensen identified in her motion particular
information that may support certification of the EIR in the future,
and moved to direct staff to provide additional information as
follows:
• Look at alternatives to the ITE, such as "EPA MXD" and the
National Cooperative Highway Research Program 684 (NCHRP
684), as a way to consider traffic impacts of mixed use
developments such as that proposed in the Specific Plan (but
not as new alternatives for inclusion in this EIR);
• Report back to Council with specific information relating to the
traffic impacts of the proposed Dell Avenue Area Plan as
outlined in Campbell's July 2, 2014 Notice of Preparation
(focusing on the potential increase to 3 million square feet total
commercial development from the 2 million square feet
analyzed in the April 4, 2014 EIR), as well as traffic impacts
arising from the Good Samaritan emergency room expansion
and the proposed Samaritan Court office building project;
• Obtain the updated school demographic study to be presented
at the October 14 Los Gatos Union School District Board
meeting, and provide that document to Council; and
Obtain additional information in an economic impact analysis or
other report that can better address potential impacts of North
40 development on Downtown, including:
• Sizes of retail spaces;
• Hypothetical case study comparing how different kinds of
retail might affect Downtown; and
• Whether or not regulatory schemes, ordinances, or policies
that affect Downtown (e.g., formula retail CUP restrictions)
are maintained or included in the N40 Specific Plan.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed 3/2. Council Members Diane McNutt and Joe
Pirzynski voting no.
Recess was called at 9:28 p.m.
Meeting reconvened at 9:37 p.m.
Town Council /Parking Authority September 16, 2014
Public Hearings — continued
4. Planned Development Application PD -13 -002 General Plan Amendment GP -13-
001. Environmental Impact Report EIR -13 -003. Project Location: 375 Knowles
Drive. Property Owner: County of Santa Clara. Applicant KT Properties
RESOLUTION 2014 -063
a. Consider certification of an Environmental Impact Report and adoption of
a Mitigation Monitoring and Reporting Program.
b. Consider a request for a General Plan Amendment from public to office
professional
c. Consider a request for a Planned Development to demolish the existing
building and to construct 33 single - family residences on property zoned O.
APN 406 -28 -032 ORDINANCE 2234
(Continued from 815114)
Joel Paulson, Planning Manager, presented the staff report.
Council discussed the matter.
MOTION: Motion by Council Member Diane McNutt to certify the
Environmental Impact Report (EIR) and adopt the Mitigation
Monitoring and Reporting Program. Seconded by Council
Member Joe Pirzynski.
VOTE: Motion passed 3/2. Vice Mayor Marcia Jensen and Council
Member Barbara Spector voting no.
MOTION: Motion by Council Member Diane McNutt to make the required
finding that the General Plan amendment is internally consistent
with the existing goals and policies of the General Plan and its
corresponding Elements, and amend the General Plan to change
the land use designation from Public to Office Professional; make
the required finding that the zone change is internally consistent
with the General Plan and its elements, and approve the Planned
Development application (PD -13 -002) subject to the performance
standards and development plans included in the Planned
Development Ordinance; waive the reading of the zone change
Ordinance; introduce the Ordinance effecting the zone change.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed 3/2. Vice Mayor Marcia Jensen and Council
Member Barbara Spector voting no.
Shelley Neis, Clerk Administrator, read the title of the Ordinance.
Town Council /Parking Authority September 16, 2014
OTHER BUSINESS
There was no other business.
ADJOURNMENT
The meeting adjourned at 9:02 p.m.
Attest:
Shelley Neis, Clerk Administrator
Town Council /Parking Authority September 16, 2014