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Staff ReportDRAFT Town Council Meeting 08/04/15 Item # j MINUTES OF THE TOWN COUNCIL /PARKING AUTHORITY MEETING JUNE 17, 2015 The Town Council of the Town of Los Gatos conducted a Special Meeting on Wednesday, June 17, 2015, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Steve Leonardis, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Mayor Jensen led the Pledge of Allegiance. The audience was invited to participate. Mayor Jensen advised that the City of Monte Sereno did not approve the amendment to the police services contract that the Town Council approved on Tuesday, June 16. MOTION: Motion by Mayor Marcia Jensen to place this matter tentatively on the August 4 calendar for reconsideration unless and until the Town receives by the close of business on July 21, 2015 an executed contract from the city of Monte Sereno as approved by our Town Council last night. Seconded by Council Member Steve Leonardis. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Angelia Doerner - Thanked staff for the great effort on the Operating and Capital Improvement Program Budgets, specifically Mr. Morley and thanked Council for trying to find funds for the Almond Grove repaving project. John Shepardson - Commented on the funding for the Almond Grove repaving project and the budget. Sara Walker - Thanked Council for its decision on Bachman Park, stated the citizens want outreach, and want some sort of structure to work with the Town and Parks Commission to address the concerns. PUBLIC HEARINGS 1. 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 east 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 adoption of the North Forty Specific Plan b. Consider adoption of General Plan Amendments c. Consider adoption of an ordinance effecting a zoning code amendment d. Adoption of a Mitigation Monitoring and Reporting Program, and adoption of Findings of Fact and Statement of Overriding Considerations (Continued from 612115) Opened Public Comment at 7:23 p.m. Marianne Ezell - Commented in support of the North 40 and thanked everyone for the work on the project. David Lilienstein - Urged Council to vote to approve the North 40 and addressed open space and commercial issues. Bill Hirschman Commented on the currently allowed uses of the existing businesses and how the motion to not allow medical use in the North 40 will affect them. Linda Mandolini - Commented in favor of the proposal and the affordable housing aspect of the plan. Matthew Hudes - Commented on the economic impact in Phase Two. Rhodie Firth - Commented the landscaping along the Highway 17 and Lark Avenue. Town Council /Parking Authority June 17, 2015 Mary Roach - Commented on the possible traffic increase, water availability, height limitations, saving the barn, and the landscaping. Piyush Kothary - Requested that Council keep the existing rules and approvals for the existing businesses. John Shepardson - Suggested that solar panels and cool roofs be considered as part of the Specific Plan, as well as more bike paths, underground parking, and smart traffic lights. Natalie Dean, Greenbelt Alliance - Commented in favor of the plan. Lee Quintana - Commented on the medical office use and requested that Council direct staff to review and improve the readability of the final document. Susan Landry - Commented on the open space. Ann Fisher, Silicon Valley Bicycle Coalition representative - Commented in favor of the plan. Mark Miller - Commented in favor of the proposed plan, suggested the residential portion not be the primary focus on the southern side, and requested no big box stores. Don Capobres, Grosvenor - Commented on the commercial design guidelines. Jak Van Nada - Commented that Council should continue to encourage a high level of design in Town. Gina Robinos - Requested that Council move forward on approving the plan. Devin Groves - Commented on the existing medical office uses in the existing buildings and that all the current uses should be allowed to continue. Sara Walker - Inquired if the Town would pay for watering in the proposed open spaces and if potable water would be used for landscape irrigation. 3 Town Council /Parking Authority June 17, 2015 Closed Public Comment at 8:46 p.m. Recess at 8:47 p.m. Reconvened at 9:00 p.m. Council discussed the matter. MOTION: Motion by Council Member Marico Sayoc to allow medical office uses on specific properties (Assessors' Parcel Numbers 424 -07- 102 through -112. 424 -07 -099, and 424 -06 -129) as part of the existing 66,000 square feet (sq. ft.) of non - residential uses. In addition, approve the language for Table 2 -2 to read: The new non- residential portion of the project shall include a mixture of commercial (shopping center), hotel, and /or stand -alone general office that does not create a significant unavoidable impact as a result of the development. The total new square footage shall not exceed 435,000 sq. ft. No new medical office will be permitted and the existing 66,000 sq. ft. of recently constructed buildings is in addition to the 435,000 sq. ft. for a total of 501,000 sq. ft. Each project shall provide a current traffic analysis demonstrating compliance with this requirement. Seconded by Mayor Marcia Jensen. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marico Sayoc to allow the existing buildings on the parcels referenced above to be rebuilt after a fire in substantially the same manner as they existed before their destruction. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Rob Rennie to include the multi - modal path language on page four of the June 2, 2015 staff report: All projects for development shall include multi -modal paths, physically separated from vehicle roadways running from north to south and providing connectivity to perimeter paths at both the north and south ends. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Leonardis to include the phasing language contained on pages four and five of the June 2, 2015 staff report: All infrastructure necessary to support the 4 Town Council /Parking Authority June 17, 2015 development shall be constructed in a capacity that allows for current and future phases, subject to approval of the Town Engineer. All infrastructure stubbed for future use, including utilities and roadways, shall be constructed so as not to appear unfinished. All construction of private and public infrastructure will be funded by the developer(s) at the time of construction based on the proposed phasing. All on site infrastructure improvements required by the project will remain private with all ongoing maintenance responsibilities belonging to the developer or a successor entity established for this purpose and approved by the Town Engineer. The project will be required to pay development impact fees, such as Traffic Impact Fees and School Impact Fees. The amount of development impact fees to be paid by the developer is set forth by the Town and other agencies adopted fee schedules. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. MOTION: Motion by Mayor Marcia Jensen to retain the 30% open space requirement of which 20% should be publicly accessible; no minimum percentage for specific recreational activities; and eliminate the 200 -sq. ft. private open space maximum to create opportunities for communal open space. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marico Sayoc to include the drought tolerant plant language contained on the bottom of page five of the June 2, 2015 staff report: A licensed landscape architect shall certify that all landscape plans include drought tolerant plants and meet Water Efficient Landscape Ordinance requirements. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marico Sayoc to allow mixed use and mixed income developments to build to 45 feet if they provide a minimum of 40 percent affordable units to households of Extremely Low, Very Low, and Low Incomes as defined by the federal government. Seconded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously. 5 Town Council /Parking Authority June 17, 2015 MOTION: Motion by Council Member Rob Rennie to incorporate the recommended language for Policy 1 -10 contained on page two of Addendum B for the June 2, 2015 Council meeting: Developers are encouraged to work closely with School Districts to project enrollment growth and address overcrowding by assisting with identifying strategies for providing needed school facilities and associated sources of funding. Seconded by Council Member Marico Sayoc. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Steve Leonardis to not include the four bullet points recommended on the bottom of page two and the top of page three of Addendum B for the June 2, 2015 Council meeting due to redundancy with other content in the Specific Plan. Seconded by Mayor Marcia Jensen. VOTE: Motion passed unanimously. Council discussed the matter further. MOTION: The Mayor recalled the prior motion. VOTE: Motion passed 4 -1, Council Member Rob Rennie opposed. MOTION: Motion by Vice Mayor Barbara Spector to include a table of store sizes and percentage of total without getting into the specific numbers themselves). Seconded by Council Member Steve Leonardis. VOTE: Motion failed 2 -3, Mayor Marcia Jensen and Council Members Marico Sayoc and Rob Rennie opposed. MOTION: Motion by Mayor Jensen to not include a table of store sizes, not create an economic advisory committee, and to keep table 2 -2 with the 435,000 sq. ft. and language in Specific Plan pertaining to uses. Motion failed for lack of a second. MOTION: Motion by Mayor Jensen to not include a table and simply have the non - residential maximum of 501,000 total sq. ft., do not create a new economic advisory committee, and require an applicant for a new commercial use to submit an economic /market study to assess the proposal's impact on Downtown competitiveness. Seconded by Council Member Rob Rennie. Town Council /Parking Authority June 17, 2015 Friendly amendment by Council Member Marico Sayoc to require new commercial applications to go to the Conceptual Development Advisory Committee to allow for a public vetting of the proposals. Friendly amendment accepted by the maker of the motion and the seconder. VOTE: Motion passed 3 -2, Vice Mayor Barbara Spector and Council Member Steve Leonardis. MOTION: Motion by Vice Mayor Barbara Spector to request that staff come back with a table explaining how the Conditional Use Permit controls are different in the proposed Specific Plan (Table 2 -1), Downtown, and Townwide. Seconded by Council Member Steve Leonardis. VOTE: Motion failed 2 -3, Mayor Marcia Jensen and Council Members Marico Sayoc and Rob Rennie opposed. MOTION: Motion by Council Member Marico Sayoc to keep Table 2 -1 as is. Seconded by Mayor Marcia Jensen. VOTE: Motion passed 3 -2, Vice Mayor Barbara Spector and Council Member Steve Leonardis. MOTION: Motion by Council Member Rob Rennie to suspend the rules of reconsideration for step 1 d and step 2 set forth in Council Agenda Policy. Motion failed for lack of a second. MOTION: Motion by Mayor Marcia Jensen to adopt the North 40 Specific Plan incorporating tonight's motions, understanding that a redline would be available to the Council at the second reading; adopt the General Plan amendments; introduce the zoning ordinance; and adopt the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. Seconded by Council Member Rob Rennie. VOTE: Motion passed 3 -2, Vice Mayor Barbara Spector and Council Member Steve Leonardis. MOTION: Motion by Mayor Marcia Jensen to waive the reading of the complete ordinance and the read by title only by the Clerk. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. The Clerk read the Ordinance title. Town Council /Parking Authority June 17, 2015 Friendly amendment by Council Member Marico Sayoc to require new commercial applications to go to the Conceptual Development Advisory Committee to allow for a public vetting of the proposals. Friendly amendment accepted by the maker of the motion and the seconder. VOTE: Motion passed 3 -2, Vice Mayor Barbara Spector and Council Member Steve Leonardis. MOTION: Motion by Vice Mayor Barbara Spector to request that staff come back with a table explaining how the Conditional Use Permit controls are different in the proposed Specific Plan (Table 2 -1), Downtown, and Townwide. Seconded by Council Member Steve Leonardis. VOTE: Motion failed 2 -3, Mayor Marcia Jensen and Council Members Marico Sayoc and Rob Rennie opposed. MOTION: Motion by Council Member Marico Sayoc to keep Table 2 -1 as is. Seconded by Mayor Marcia Jensen. VOTE: Motion passed 3 -2, Vice Mayor Barbara Spector and Council Member Steve Leonardis. MOTION: Motion by Council Member Rob Rennie to suspend the rules of reconsideration for step 1 d and step 2 set forth in Council Agenda Policy. Motion failed for lack of a second. MOTION: Motion by Mayor Marcia Jensen to adopt the North 40 Specific Plan incorporating tonight's motions, understanding that a redline would be available to the Council at the second reading; adopt the General Plan amendments; introduce the zoning ordinance; and adopt the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. Seconded by Council Member Rob Rennie. VOTE: Motion passed 3 -2, Vice Mayor Barbara Spector and Council Member Steve Leonardis. MOTION: Motion by Mayor Marcia Jensen to waive the reading of the complete ordinance and the read by title only by the Clerk. Seconded by Council Member Rob Rennie. VOTE: Motion passed unanimously. Town Council /Parking Authority June 17, 2015 ADJOURNMENT The meeting adjourned at 11:25 p.m. Attest: Laurel Prevetti, Assistant Town Manager /CDD Director For Shelley Neis, Clerk Administrator Town Council /Parking Authority June 17, 2015