Loading...
M09-06-16 Certified Transcriptw TOWN OF LOS GATOS TOWN COUNCIL/ PARKING AUTHORITY MEETING ITEM #5 SEPTEMBER 6, 2016 j CERTIFIED TRANSCRIPT REPORTER'S TRANSCRIPT OF VIDEO RECORDING Transcribed By: ADVANTAGE REPORTING SERVICES BY: LISA GLANVILLE, CSR 9932 1083 Lincoln Avenue San Jose, CA 95125 #52284 jCpq Advantage Reporting k 011389 Services, LLC 1083 Lincoln Avenue, San,Jose, California 95125, Telephone (408) 920 -0222, Fax„(,H8) ?204 88 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6r L A P P E A R A N C E S: Town Council: Principal Planner: Mayor Barbara Spector Vice Mayor Marico Sayoc Council Member Marcia Jensen Council Member Steve Leonardis Council Member Rob Rennie Joel Paulson Assistant Town Manager/ CDD Director: Laurel Prevetti Town Attorney: Robert Schultz v, 011390 K TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage A Reporting Services, LLC 11 P R O C E E D I N G S: MAYOR SPECTOR: We are now on to public hearings. This one hearing has been continued from many 41 meetings in August and one in September. This is agenda 51 item five, Architecture and Site Application S13090 and 6 Vesting Tentative Map Application M13014. For Staff and Council's direction, the way I 8 would be prepared to go forward tonight is start with 9 the Staff Report, if there is a Staff Report, and then 10 go to questions of Staff, if there are questions of Ll Staff. And then after we get through that, we'll go to page two of Staff's report. And so does Staff have a report this evening? JOEL PAULSON: Very briefly. Before you this evening is a Resolution implementing the action that was taken at your meeting on.September 1st. The Resolution includes findings. There also additional -- some additional information in the Staff Report that the Council may wish to consider as they discuss the Resolution. And additionally, and finally, Council Member Jensen provided Staff with some grammatical modifications to the item, and I do actually have a copy of those, which I will pass out as you begin your discussions. 9 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage Reporting Servi&,� 3 F 1 MAYOR SPECTOR: Thank you. Now, questions of 2 Staff. I'll start with one that I asked Mr. Schultz 3 earlier this evening. 4 The -- a Resolution normally has many 5 components, many sentences, many provisions. If the 6 Resolution were challenged in court and one provision or 7 a part of a provision were found invalid, would that 8 invalidate the Resolution? 9 MR. SCHULTZ: No, that would not. 10 MAYOR SPECTOR: And then going to your 11 Resolution, which I'm going to have to find here, on 12 page one of the Resolution, you make -- reference is 13 made in the second "whereas" to an EIR that was 14 prepared, and on January 20th, 2015, the Town Council 15 certified the North 40 Specific Plan in compliance with 16 CEQA. 17 What I don't recall, and I was not able to find 18 online today, was whether or not that EIR was certified 19 or if there was some other verb used. 20 JOEL PAULSON: The EIR was certified on that 21 date. 22 MAYOR SPECTOR: Thank you. And then on page 23 two of the proposed Resolution, in the second paragraph 24 at the top, it talks about March 18th, references the 25 Applicant as Grosvenor USA Limited. Is that accurate in 4 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING -- Advantage Aq Reporting Services, LLC W 1 terms of is that the only entity, or are -- should there 2 be more entities there? 3 JOEL PAULSON: We can additionally add Summer 4 Hill and Eden for consistency. 5 MAYOR SPECTOR: Well, I wouldn't -- my question 6 is not consistency. My question is what was the entity, 7 or what were the entities, that submitted the 8 applications on March 18th, 2016? 9 JOEL PAULSON: The entities were the -- were 10 Grosvenor, Summer Hill, Eden, as well as Hirschman at 11 that time as well. L2 MAYOR SPECTOR: Okay. So to make this L3 accurate, should those all be in there? L4 JOEL PAULSON: Yes. L5 MAYOR SPECTOR: I see Mr. Schultz nodding in L6 the affirmative. _7 And then on page four, the second "whereas," it .8 talks about the Council continue this matter to .9 September 1st, two -- 2016, and then says, "The Council !0 continued its deliberation." That's accurate, but it 1 doesn't make reference to a motion and being approved or 2 a decision having been made on September 1st. Was that 3 unintentional, and if -- or is it intentional, and if so, why? MR. SCHULTZ: It was not intentional. And we 5 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage 111 Reporting Services, 3:9- i 1 could add something in there to the fact that on that 2 date the motion was could made -- was made, and so we 3 could add that information that's in the Staff Report on 4 the exact motion that was made. 5 MAYOR SPECTOR: Thank you. All right. Those 6 are all my questions. 7 So before we go to the next phase of this, does 8 any other person have questions? Ms. Jensen. 9 COUNCIL MEMBER JENSEN: So a couple of you -- 10 thank you to the Staff. I did do some editing along the 11 lines of the Mayor, but the Mayor did mention with 12 respect to the paragraph, which I didn't include, 13 regarding the September 1st meeting, I did ask, and it 14 was included in the draft that was distributed, the 15 actual motion and vote of the Planning Commission, and 16 it seems like that should be included, the actual motion 17 and vote of the Town Council, as the Mayor just 18 indicated. I had given the paragraphs different 19 numbers, but -- in the part that the Mayor was talking 20 about. 21 And then I had a more generalized question for 22 Mr. Schultz. And the question is I understand that the 23 Resolution reflects all the actions of all of the bodies 24 that have considered this. My question is legally 25 should the -- does the Resolution need to reflect what 6 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage , -!•Fl , Reporting Services, �lLi'LC i-) 0 S 7 7 1 3 1 1 1 1 2 2 2 2 2 2 1 actually occurred with respect to the motion that was 2 made for the denial or, as the Staff Report is 3 indicating, can the Town Council include other things 4 that weren't necessarily part of that motion, including 5 those things suggested in the Staff Report and those 6 things suggested by the lawyer for Ms. Barbara Dodson, 7 because we have two Dodsons involved, that is suggesting 8 additional findings that weren't part of the actual 9 motions made? MR. SCHULTZ: So I think I -- I think the suggestion by the Mayor is an excellent suggestion on putting in the exact motion after that next to the last "whereas" as to the exact motion and vote that occurred at your Council meeting on September 6th, so that's reflected in'the Resolution. And then the Resolution, we were directed to bring back those findings in support of that Resolution, and so that's .what we've done, we've provided you with findings that we felt reflected the motion that was made and the evidence presented. Certainly if there's items in here that you don't agree with that should not be part of the Resolution, they can be extracted out, or if there's additional findings that were not reflected that were part of the record in evidence, they could be added in, because we're now finalizing that motion into the 7 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage Reporting Ser*- 1 13 5 1 Resolution, which has the findings with it. 2 MAYOR SPECTOR: Ms. Jensen. 3 COUNCIL MEMBER JENSEN: Sorry, just a follow 4 up. I'm not sure my question got answered, which is if 5 something was not part of the motion made, I understand 6 the first part of your answer, which is the Resolution 7 should, just suggesting, be changed to reflect the 8 actual motion, that's fine, but I'm trying to understand 9 if there's a -- so, for example, the things that are 10 suggested in the Staff Report or the findings are part 11 of the record, but were not included in the motion, so I 12 could see where they're part of the record, but what's 13 the basis for including them in the motion, number one? 14 And number two, if there's an independent 15 submission of suggested findings as we got from the 16 Council for, I'm going to again say Ms. Dodson, because 17 that's how it's identified, what's the basis, if any, 18 for that to be included in the motion, or would that 191 just be an independent submission that becomes part of 201 the record? 21 MR. SCHULTZ: Well, it certainly is part of the 22 record, so it's an independent submission that would be 23 part of the record,, but again, the Resolution is in 24 front of you now, so Council can add or subtract 25 anything from it. Even though the motion was made at 8 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING v ®11396 Advantage , -/ll � q Reporting Services, ��` _ j s, L L C 1 1 1 1 1 '1 1 1 1 1 2 2 2 2 2 2 I your last meeting, it's back in front of you for final 2 action on the Resolution. 3 And so that final action can be made by a 4 majority to either include or not include anything, even 5 if it was or was not included in the original motion. 6 COUNCIL MEMBER JENSEN: Okay. And just to beat 71 a dead horse. 8 MAYOR SPECTOR: Ms. Jensen. 9 COUNCIL MEMBER JENSEN: So I understand, the 0 Resolution can say something independent of what was 1 said at the hearing in support of the motion on 2 September 1st? 3 MR. SCHULTZ: Yes. The findings are hack in front of you. COUNCIL MEMBER JENSEN: Okay. MAYOR SPECTOR: All right. Let me see if I have any other questions. I don't, but before I go on to our next step, does any other Council Member have questions of Staff? Seeing none, we're going to go to page two, which sort of dovetails with questions that were asked by Ms. Jensen. We're going to go to page two, but before we do that, clarification. We have the red line version from Ms. Jensen. We just got it a few minutes ago. Question of Staff. Is -- are these red line, in your 0 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage Reporting Senyiceoq- ') (1 7 1 2 ni 5 6 7 8 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 011398 understanding, items that you are requesting, or it is I requested that we include in our Resolution? MR. SCHULTZ: Yes. All of the red lines that we reviewed, Staff reviewed, did not in any way, in our minds, change the substantive part of it. They were just word changes, for example, calling Planning Commission "their" findings instead of "its" findings. It had to do with calling it a "revised" application instead of an "updated." So they were -- in our minds they were not substantial changes, just -- just technical changes. MAYOR SPECTOR: All right. Thank you. COUNCIL MEMBER JENSEN: May I just say, as the person who made those, that I was just intending for those to be technical changes. So, for example, Planning Commission is an "it," it's not a "their." And I asked that the cites to the Specific Plan be fully written out versus being an abbreviation. There were no substantial changes to any part of the Resolution. MAYOR SPECTOR: Thank you. Other questions of Staff? All right. Seeing none, hearing none, let's- - I'm going to ask you to go to the second page of the Staff Report. The way that I'm going to ask Council to proceed, these are items that Staff has suggested we may 10 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING K Advantage An Reporting Services, LLC want to consider to add to the -- to add to the 2 Resolution, and so I'm going to have us start at number 3 one, which is the residential components. And I'll just 4 go to number one and then ask if any member of the 5 Council wants to make a motion to include any of this. 6 Ms. Jensen. 7 COUNCIL MEMBER JENSEN: Just a procedural 8 matter. Page two, it's my understanding, and I would 9 ask the Staff if my understanding is correct, that the LO items one, two, three, four, five, six, seven on page Ll two, those reflect the motion that was made, so they're L2 already included - L3 MR. SCHULTZ: And -- COUNCIL MEMBER JENSEN: -- and on item -- the items that are suggested to be included, but weren't part of motion begin on page three; is that correct? MAYOR SPECTOR: This is absolutely correct, thank you. So I want to ask Council to turn to page three, and these are the items that Staff is asking us, or suggesting that we may want to consider, and so I will go through each one, beginning at number one. And, again, the Council may want or not want to add any of this. So starting with I guess it's A, does any member of the Council want to do a Resolution on this 11 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage A^ an, * Services, LLC 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 paragraph A? And then I had a question on this. The substance of this is generally adding the planning -- adding other elements of the Planning Commission's decision. A question of Staff. Isn't that already included on page three of the draft Resolution? And the answer to that is? A VOICE: Yes. MAYOR SPECTOR: Okay. All right. So I'm saying we can skip that one, 'cause it's already there. Ms. Jensen. 'COUNCIL MEMBER JENSEN: This isn't a motion, it's an observation or a remark to the Staff or the Council. It strikes me that everything that is on page three is part of our record and minutes, and so I'm wondering why we would include that in a Resolution since the Resolution indicates that the motion and the decision of the Council is based upon the entire record. MR. SCHULTZ: So certainly you can do that. We just wanted to make certain we tried to capture everything. And during your deliberations and during the motion there were certain parts where these discussions were made, so we were trying to, since last Thursday, which was one working day, and today try to 12 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage Aq Reporting Services, LLC i L C 1 get you as much information as possible. 2 And a good example of this is during that 3 motion period I remember Council Member Leonardis 4 talking about the below market price program and that he 5 didn't believe it was in -- in -- and so we weren't 6 certain whether that was part of the motion. It was 7 difficult to interpret. And so that's why we've just 8 given you this sheet to consider. And if Council's fine 9 with the fact that all of the evidence that was LO presented as part of your decision making, then the L1 Resolution's fine, and you can vote on it now, or if L2 there's certain specific items that you felt were very L3 important and wanted to point those out, that you could L4 still add those to the Resolution. _5 So that was our thought process. .6 MAYOR SPECTOR: Mr. Rennie. .7 COUNCIL MEMBER RENNIE: Thank you, Mayor .8 Spector. Process question. I would expect, before we .9 get into kind of the sausage making of this, we would 0 have had public testimony. Is there no public testimony ;11 on this item? MAYOR SPECTOR: The public testimony on this item was started and completed in August. COUNCIL MEMBER RENNIE: Okay, thank you. MAYOR SPECTOR: We do not reopen. 13 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage 11n^. ,'�eickf I Services, LLC 1 COUNCIL MEMBER RENNIE: Thank you. 2 MAYOR SPECTOR: All right. Now, I will follow CO 3 up. I see that there's no one who wants to do anything 4 with regard to a motion related to paragraph A. 5 Paragraph B is the Mayor's two motions from 6 August 16th and the bases for those motions, which 7 raises an issue. Much of what I had in those motions, 8 almost all of what I had in those motions is actually 9 contained in the Resolution, however, there are two 10 items that are not, so I'm going to ask Staff. Are you 11 suggesting, or is it appropriate for me to, once again, 12 raise those issues, or are they part of the Resolution, 13 so to speak, just because they're part of the record? 14 MR. SCHULTZ: They are part of the record. And 15 it was the basis of your decision to deny it. But 16 again, if you feel, that there is a need to spell that 17 language out in your findings for approval by the entire 18 Council, then you can do that. 19 And I'm not sure what the two issues were, 20 that's why we left it a little bit generic, so you 21 could, if there's certain findings that you want to 22 specifically put in the Resolution that has a majority 23 Council's approval, then we can do that. 24 MAYOR SPECTOR: Are you making a recommendation 25 one way or the other? 14 TRANSCRIPTION 9 /06/16 TOWN COUNCIL MEETING Advantage Al Reporting . p'1L tO2 Services, LC- 1 MR. SCHULTZ: No, I'm not. 2 MAYOR SPECTOR: All right. Ms. Jensen. 3 COUNCIL MEMBER JENSEN: This is what happens 4 when you get lawyers playing with this stuff. My 5 question is not with respect to the Mayor's August 16th 6 motions, which she actually specifically included in, I 7 believe, her support for the motion to deny on 8 September 1st, so it's absolutely part of the record, 9 but with respect to anything further on those motions or 10 any other motion that suffered the same fate, because 11 there were a couple of them, that were motions that were L2 made and then failed for lack of a second, what weight, L3 or do we care if there's any weight, just as long as L4 those are in the record? L5 MR. SCHULTZ: Certainly from a judge's L6 standpoint, the first thing he'll turn to is your L7 Resolution and see what the exact findings would be, so .8 they do carry great weight. What's listed in your _9 Resolution is where - -.if in fact this goes to !0 litigation, that'll be the first place. But certainly '.1 the evidence and the record supports your decision and !2 the findings that you made. !3 MAYOR SPECTOR: Ms. Jensen. 4 COUNCIL MEMBER JENSEN: Just a follow up. So 5 if that is true, then I'm just wondering legally what 15 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING W t Advantage 11 Reporting Services, LLC 11 would be the basis of including in the Resolution two motions that didn't get a second? Because why wouldn't you just include all the motions? I'm just trying to understand this from a legal -- 5 MR. SCHULTZ: So we -- 6 COUNCIL MEMBER JENSEN: -- standpoint. 7 MR. SCHULTZ: So, again, from a Thursday to a 8 Tuesday, it wouldn't be this language, "the Mayor's two 9 motions," it would have to specifically say what you 10 were going to include from them. 11 Just for example, I'll give another example. 12 You know, Council Member's Rennie's motion failed also, 13 but he had certain things in the project that he felt 14 were very important be changed about the project. That 15 could be maybe something that he wants that support a 16 denial because of those architectural features weren't 17 the same, even though his motion was denied. 18 But no, I don't think we could put the language, 19 "the Mayor's two motions" as a -- as complete as that. 20 It was more of a placeholder to say was there anything 21 in those motions that's not spelled out that you'd like 22 to see if there's support to put in the. 23 MAYOR SPECTOR: That could be consistent with 2 2E i all f04 the denial of the application. All right. Thank you. Other questions before I -- I may actually try 16 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage , 14� �n Reporting Services, ll JJ �� _ s, �l i'L L C ral 1 a motion. With regard to Staff's B, the Mayor's two 2 motions from August 16th and the basis -- bases for 3 those motions, as I said, I want to go -- when I went 4 through the Resolution, just about everything was in 5 there, but what was not in there were some statistics, 6 and I'm going to move to include the following 7 statistics in the Resolution: That the only promised 8 below market rate housing is the 40 -- are the 49 units 9 above market hall. The remainder are 900,000 to one and 10 a half million requiring a 20 percent down payment and 11 income of approximately 130,000 to $200,000 per year. 12 Do I have a second? 13 COUNCIL MEMBER JENSEN: I have a question. L4 MAYOR SPECTOR: Okay. All right. We don't L5 have a second yet; but -- L6 COUNCIL MEMBER JENSEN: May I ask a question L7 with respect to the motion? L8 MAYOR SPECTOR: Certainly. .9 COUNCIL MEMBER JENSEN: Mayor made. two motions ?0 on August 16th. The statistics that you're referring to ?1 were from the first motion that I'm going to call '.2 essentially an architectural motion, and that you're !3 limiting your motion to that language from that first 4 motion? MAYOR SPECTOR: That language comes from the 17 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage Reporting [�11 i05. Services, LLC , 1 2 C! E 1 1 1 1 1 1 1 1 1 2 2 2 2 U11i0G I'm going to call it housing or residential part of my -- one of my two motions. COUNCIL MEMBER JENSEN: Thank you. MAYOR SPECTOR: All right. We have a motion Do. We have a second? Mr. Leonardis. COUNCIL MEMBER LEONARDIS: I have a question. Again, it gets back to this entirety of the record, 'cause my reasons for voting the way I did that evening were based on many comments that I had made; C, F, H, I, J, and K, but those were kind of part of the entire record. So if this Resolution considers the entire record ever since I've been on the Council, which is what I was hoping, do I need to reiterate or re -- how can I say it? Re -adopt any of it? I think you mentioned earlier, can you clarify one more time, please. MR. SCHULTZ: No, you don't -- you do not if you do not desire that. But again, if there's something that you feel needs to be put in the findings because it was very important to the Council's majority, then we can -- we can add that to it. COUNCIL MEMBER LEONARDIS: Thank you. MAYOR SPECTOR: All right. So I did have a motion, I don't have a second yet, but to follow up on what - what Staff just said, the reason that I am 18 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage An Reporting Services, LLC i ^l i l� taking this component of my motion, old motion, and making it a new motion, is because it is not in the Resolution and should any court look to our Resolution, our record, they are will look to the Resolution first. Do I have a second? Ms. Sayoc. COUNCIL MEMBER SAYOC: So I second that motion with the -- that specific statistic. MAYOR SPECTOR: All right. Further discussion? 9 Mr—Rennie. 10 COUNCIL MEMBER RENNIE: So I think I have a 11 question on that. What I heard was 49 below market 12 units and some number of $900,000 units, but I thought L3 there was one medium income unit that was for a manager L4 or something that didn't fall in the statistics you just L5 mentioned. L6 MAYOR SPECTOR: That is correct. And if -- L7 well, I'm just going to leave it go at that. That is _8 correct. Further discussion? Ms. Jensen. .9 COUNCIL MEMBER JENSEN: I'm not going to be '.0 supporting the motion, or frankly any motion that's on !I page three, to include specific items, because I think '2 that we are better served by relying on the record of 3 the entire proceedings in any kind of litigation, so I 4 would not want to call out one versus another and allow 5 the court to look at them all. RE TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage ��. Reporting Services, LLC 0 11 t 0 7 i 1 MAYOR SPECTOR: Further discussion? And the 2 reason, going back to what Mr. Schultz said, we have a 3 voluminous record, and that goes back to 2010, and 4 especially voluminous in the last couple of years, and 5 so what I am looking for and what other Council Members 6 may want-to look for is there .anything on this list on 7 page three that they would like included in the 8 Resolution, which the court could very well look at 9 before it looks at any of the other pieces of paper in 10 our file. 11 Further discussion? Mr. Leonardis. 12 COUNCIL MEMBER LEONARDIS: With those comments 13 mentioned, your last comments, I mean, if they're going 14 to do a pecking order in court as opposed to what 15 Council Member Jensen has said, the entire record, and f 16 let them decide, obviously it would be perhaps prudent 17 to highlight some items, but I am hesitant to do so 18 because of what Council Member Jensen said. I think the 19 entire record needs to be considered. 20 MAYOR SPECTOR: And following up on that, going 21 back to Staff, the Staff is not saying that the court 22 would not look at the entire record even if they looked 23 at the Resolution predominantly or first. 24 MR. SCHULTZ: That is correct. 25 MAYOR SPECTOR: All right. Further discussion? 20 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING 011108 Advantage Aq Reporting Services, LLC Seeing none, we have a motion on the floor. I'm going to do it by show of hands. All in favor? Opposed? The motion passes three -two, Ms. Jensen and Mr. Rennie opposed. Continuing on with Staff's page three, we are now on C. Does anybody want to make a motion with 7 regard to C? 8 Seeing no one, does anyone want to make a 9 motion with regard to D? Ms. Jensen. 10 COUNCIL MEMBER JENSEN: I do. I am the person 11 that mentioned the median price of the house. I said 12 956, and I've got my little paper with my writing on it 13 that says 956, so the 965 is actually wrong. Unless I 14 said it completely wrong for the record, but I don't 15 think I did. 16 MAYOR SPECTOR: I guess I'm -- is there a 17 motion to make a -- to say the median price of a home is 18 956,000? 19 . COUNCIL MEMBER JENSEN: No, I just wanted to 20 make sure that if anyone was considering it, that the ?1 right number was in there, that what's in there now is ?2 incorrect. ?3 MAYOR SPECTOR: All right, thank you. So now ?4 we're on E. Anybody want to make a motion with regard ?5 to E? 21 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage . ATq, {�$eporting Services, LL C Y 0'9 1 Seeing no one, F? 2 Seeing no one, G? 3 No one. H? 4 No one. I? 5 No one. J? 6 No one. K? 7 No one. 8 And then I had a question, it isn't on this 9 list, but as I was going through this list, I was 10 comparing it to items that were actually already in the 11 proposed Resolution, and what I did not find in the 12 proposed Resolution was any reference to AB2222. Was 13 that -- and it was something that was discussed and 14 material sent to us by community members and maybe even 15 lawyers, I don't remember, was that something that was 16 intentionally omitted or what? 17 MR. SCHULTZ: No. We just -- we just didn't 18 hear during the actual motion, hearing in your 19 deliberations as a reason to deny the project. 20 MAYOR SPECTOR:. Okay. Ms. Sayoc. 21 Council MEMBER SAYOC: Could you just remind me 22 what AB2222 was. 23 MAYOR SPECTOR: I could if I went through my 24 paperwork here. It has -- well, I'm going to ask Staff. 25 Does it have to do. with the replacement units for be -- 22 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING 0 1if10 Advantage 11` In Reporting Serrvi��\c_ejss,, �lLi'LC 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 below -- for potentially below market rate housing pre- existing? MR. SCHULTZ: I'm sorry, I thought it was the one on the by right that was doing, so no, 2222 was the revisions that were undergoing for the size and type of the replacement. So it is kind of in there if you had found, but you're not including that one in there on your -- it doesn't comply with the density bonus. That was one of your ones -- MAYOR SPECTOR: That nobody picked up on. MR. SCHULTZ: Exactly. MAYOR SPECTOR: All right. Further questions on that? Seeing no one, I am now going to take us back to the Resolution, which is Attachment 40. We've had some minor changes. We've had one motion. We've had red lining. And so at this point, Staff -- I will get to Mr. Rennie in a second. Is Staff looking for adoption of the Resolution or not? MR. SCHULTZ: Yes. MAYOR SPECTOR: Okay. Mr. Rennie. COUNCIL MEMBER RENNIE: Thank you, Mayor Spector. My question is can I add things that weren't on your list, A through F, or whatever it was? Or request to add? MAYOR SPECTOR: Thank you for reminding me. My 23 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING Advantage , -A T .Reporting 01,1 ' Services, LLC 1 list here of things I'm supposed to pay attention to 2 that I wrote for myself actually had this as the next 3 item. 4 So does anybody have any other items that were 5 not included on page three of Staff's report? 6 Mr. Rennie. 7 COUNCIL MEMBER RENNIE: If I could start with a 8 question of Staff. I'm assuming that if there's any 9 kind of -- if there's litigation and we have some kind 10 of -- what's the right term? Agreement, settlement, 11 will things that are in the motion have weight towards 12 an agreement? Will those be - help to be considered in 13 an agreement? 14 MR. SCHULTZ.: No. 15 COUNCIL MEMBER RENNIE :. Okay, thank you. 16 MAYOR SPECTOR: Other questions of Staff? Or 17 does anybody have any motions that were not listed, 18 again, on Staff's page three? Seeing no one, we now 19 have the Resolution before us, Attachment 40. 20 Do we have a motion? Ms. Jensen. 21 COUNCIL MEMBER JENSEN: I move that we adopt 22 the Resolution that's contained in Attachment 40, 23 however, I would like us to adopt the red line version 24 with the corrected language that does not substantively 25 change the Resolution that was distributed tonight, and 24 TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING I 01.14,12 Advantage , 1!-1 ,n l� Reporting Services, LLC to include the statistics that the Mayor cited with respect to housing and housing costs. MR. SCHULTZ: There -- just to clean up, there were two other little items that were brought up, and that was adding the Summer Hill, Hirschman as applicants, and then also placing the entire motion that was done by Council at the previous meeting. COUNCIL MEMBER JENSEN: Correct. To add to that paragraph that lists -- that lists only Grosvenor L as having submitted the plan in March of -- the year I L forget -- and also to reflect the motion made in the -- the complete motion and the vote of Council on that motion that was done with the Planning Commission. MAYOR SPECTOR: All right. We have a motion. I'm going to give a tentative second, but I am going to give myself and other Council Members a minute literally, so this is not a break, a minute literally, to look through red lined Attachment 40 before we take a vote on this motion. So one minute. I don't want to disturb Mr. Leonardis, who looks like he's still completing, but I do have questions of Staff. On page three, there are, about two - thirds of the way down, one of the additions is a reference to architecture and site character goals and policies, section 3.1. I don't know if this is from the TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETING 25 Id 01141 Advantage Jl�i^ Reporting Services, LLC 1 1 1 1 1 1 1 17 18 19 20 21 22 23 24 25 V 01111f 14 maker of the motion's motion or if this is something that was just added. I just -- was this from Ms. Sayoc's motion? MR. SCHULTZ: Yes, it was. And so in her motion, it only mentioned policy DG6, which is very difficult to find if it's just DG6, so we put in the section that that actual is, and that's the same with up above, where it was open space policy 01 she stated, but we added in exactly where you can find that, which is 2.53, open space goals and policies. MAYOR SPECTOR: And is that the same with regard to page five, little D? MR. SCHULTZ: Yes. MAYOR SPECTOR: All right. I have no further questions. Seeing no other questions, we have a motion, and I am seconding it. Discussion? Seeing none, by a show of hands, we have a motion to approve the Resolution. All in favor raise your hand. Opposed? Motion passed five -zero. Anything else needed by Staff? JOEL PAULSON: No, thank you. MAYOR SPECTOR: Okay. I think that's it. Motion -- motion's adjourned, yes. Meeting's adjourned. (End of Meeting.) � 26 TRANSCRIPTION 9 /06/16 TOWN COUNCIL MEETING Advantage . 11 Reporting Services, LLC 1 2 i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M I, LISA GLANVILLE, C.S.R. #9932, a Certified Shorthand Reporter in and for the State of California, do hereby certify: That the preceding Video Transcription was taken down by me in shorthand to the best of my ability and thereafter reduced to computerized transcription under my direction and supervision, and I hereby certify the foregoing transcript is a full, true and correct transcript of my shorthand notes so taken. I further certify that I am neither counsel for nor related to any party to said action nor interested in the outcome of this action. Witness my hand this _j3 day of September, 2016. IS ANVTLLE CSR No. 9932 State of California TRANSCRIPTION 9/06/16 TOWN COUNCIL MEETINGU11•'4- Advantage , - 4 T Reporting Services, LLC