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M09-16-2014 Town Council Meeting 10/07/14 Item #1 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 County 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 RESOLUTION 2014-062 16442 Hilow Road. APN 532-04-076. File #AN14-003 MOTION: MotionVice Mayor Marcia Jensen by to approve the consent SecondedCouncil Member Joe Pirzynski. items. by 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. 2 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 & Miyoko 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 9/2/14) Laurel Prevetti, Assistant Town Manager/Community Development Director, presented the staff report. Council discussed the matter. MOTION: MotionVice Mayor Marcia Jensen by 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. 3 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; o Hypothetical case study comparing how different kinds of o retail might affect Downtown; and Whether or not regulatory schemes, ordinances, or policies o that affect Downtown (e.g., formula retail CUP restrictions) are maintained or included in the N40 Specific Plan. SecondedCouncil Member Barbara Spector. by 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. 4 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. ORDINANCE 2234 APN 406-28-032 (Continued from 8/5/14) Joel Paulson, Planning Manager, presented the staff report. Council discussed the matter. MOTION: MotionCouncil Member Diane McNutt by to certify the Environmental Impact Report (EIR) and adopt the Mitigation SecondedCouncil Monitoring and Reporting Program. by Member Joe Pirzynski. VOTE: Motion passed 3/2. Vice Mayor Marcia Jensen and Council Member Barbara Spector voting no. MOTION: MotionCouncil Member Diane McNutt by 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. SecondedCouncil Member Joe Pirzynski. by 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. 5 Town Council/Parking Authority September 16, 2014 OTHER BUSINESS There was no other business. ADJOURNMENT The meeting adjourned at 9:02 p.m. Attest: _____________________________________ /s/ Shelley Neis, Clerk Administrator 6 Town Council/Parking Authority September 16, 2014