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Item 14 Staff Report Consider Adopting Resolution Directing the Preparation, Style and Format of the Town Council MinutesDATE: TO: FROM: SUBJECT: rTh a COUNCIL AGENDA REPORT SEPTEMBER 12, 2001 MAYOR AND TO COUNCIL TOWN MANAGE MiEETING DATE: 9/17/01 ITEM NO. CONSIDER ADOPTING RESOLUTION DIRECTING THE PREPARATION, STYLE AND FORMAT OF THE TOWN COUNCIL MINUTES RECOMMENDATION: That Council consider adopting resolution directing the preparation, style and forrnat of the Town Council Minutes. DISCUSSION: From time to time it is important to evaluate Town processes and procedures. The purpose of this report is to provide the Council with an opportunity to provide direction, as needed, regarding the format of Council Minutes. With one exception, as discussed below, it has been the Town Clerk's custom to prepare "action only" minutes, which are intended to briefly summarize the highlights ofthe meeting, specifically the actions taken by Council. The exception relates to public speakers, where the Clerk generally summarizes the comments of speakers made during verbal communications or concerning other items during the meeting. In order to ensure that the body and content of the minutes meet the Council's needs, the Clerk has researched the form of minutes taken by other city clerks. Samples from some of the better examples, as well as a summary of two key elements of minutes are included. The Clerk's pursuit found that: 1)"action only" minutes are used by most cities; and 2) the content and form of "action only" minutes can vary in a number of significant ways. In addition, the research found that the manner of recording the comments of the public, whether made during verbal communications or regarding other agenda items, also varies from city to city. The minutes of some cities provide short summaries of speakers' comments, others merely describe speakers' topics, while still others simply identify speakers. PREPARED BY: DEBRA J. FIGONE Town Manager MVC:mjr TC:D13:TC091701.MIN Reviewed by: &' Attorney Finance Revised: 9/13/01 4:38 PM Reformatted: 10/23/99 0 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER ADOPTING RESOLUTION DIRECTING THE PREPARATION, STYLE AND FORMAT OF THE TOWN COUNCIL MINUTES 09/12/01 The variety of forms and content of minutes reflects the lack of any specific legal standard. Consequently, the form and substance of the minutes of most cities is subject to the discretion of the governing body. With these points in mind, the Clerk requests that Council confirm that "action only" minutes are the preferred form, and provide any direction or comment to the Clerk regarding desired changes or improvements to the format or style. The Clerk further requests that Council agree that the Clerk only identify members of the public who make comments made during verbal communications or regarding any other agenda item, with the exception of public hearings. In order to clarify the record of public hearing items, the Clerk would continue providing brief summaries of speakers' comments made during such hearings. ATTACHMENT: 1. Resolution directing the preparation, style and format of the Town Council Minutes. 2. Overview of key elements of minutes including samples of minutes RESOLUTION 2001 — /p ¢ RESOLUTION OF THE TOWN OF LOS GATOS DIRECTING THE PREPARATION, STYLE AND FORMAT OF THE TOWN COUNCIL MINUTES WHEREAS: A. With due consideration the Town Council has confirmed that "action only" minutes are the preferred form for recording regularly scheduled Los Gatos Town Council meetings, and; B. Council requests that the Clerk only identify members of the public who make comments during verbal communication or regarding any other agenda item, with the exception of public hearings, and; C. So as to clarify the record of public hearing items, brief summaries of speaker's comments made during such hearings will continue to be provided. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17th day of September, 2001 by the following vote. COUNCIL MEMBERS: AYES: NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 1 0 Overview of Key Elements of Minutes In reviewing the subject of action only minutes the town clerk petitioned other clerks for copies of their action only minutes. Attached are several samples of the way other jurisdictions handle this subject, and following is a short synopsis of what should be included in council record. Review of Requirements for Record of Council Actions: City clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings. To establish that the legal requirements for holding a meeting have been met, the minutes begin with the following items: • The date, hour and place of the meeting • The type of meeting (regular, adjourned or special meeting) • Indication that the proper notice has been given, if a special meeting • The names of the members of the governing body present (if a member arrives late, or leaves before adjournment, the minutes should show the time of arrival and/or departure.) If joint meeting, other local officials are also listed. The legal requirements for minutes do not spell out specifically what else the minutes should contain. This allows for great variation in the amount of detail that may be included, from "verbatim" minutes (which try to record everything that is said) to "action" minutes (which record only what actions the governing body takes.) The amount of detail to present is ultimately at the discretion of the governing body. Following is a list of items commonly included in minutes: Motions: All motions made by members of the governing body, even if they are not seconded, with the resulting vote of all motions. Recorded votes: Listing the ayes, nays, abstained and absent or showing unanimous action. Directives to staff: Giving recorded directions or questions to staff that require response, as well as the verbal information offered by staff in response. Matters requested to be on the record: Recording any statements that a member specifically requests "that the record show." Individuals addressing the meeting: Recording the full name and title of any person who addresses the governing body. A principle of corporation law applicable to municipal corporations is that such organizations can only act through their officers and employees. Thereby allowing action only minutes to stand on the information and directives of council and staff, and finding no specific need to quote other speakers. O ATTACHMENT 2 Oral Debates, Arguments and Discussions: Caution against setting forth oral remarks in council minutes also extends to oral statements of council members. The reason for these views, (that debates, arguments and discussions of councilmembers should be omitted from the minutes of proceedings), is based on the principle that the minute entries should only record the "actions" taken by council and were never meant to include the "reasons" for taking such action. Oral testimony received at council meetings: Since there is no requirement that an exact report or record be made of testimony produced at public meeting, it is not necessary that the clerk attempt to set forth a resume, or statement of the testimony given. Since the arguments and debates conducted for or against a subject and submitted to council merely contain the reasoning employed by the advocate, there is no purpose served in including any part of them in the minutes of the proceedings. TC:D 1 7.Action Only Q 20010501 825-04 MINUTES OF THE REGULAR MEETING NORWALK CITY COUNCIL NORWALK, CALIFORNIA JUNE 5, 2001 Mayor Stefenhagen called the regular meeting to order at 6:03 p.m. in Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. Present were Councilmembers Bermudez, Kelley, Mendez, and Mayor Stefenhagen; Vice Mayor Luera was absent. Also present were Ernie V. Garcia, City Manager; Thomas E. Lynch, Assistant City Manager; Steven L. Dorsey, City Attorney; and Gail A. Vasquez; City Clerk. The invocation was delivered by Reverend Oscar Fisher, Pastor, Good News Outreach Church, followed by the salute to the flag led by Councilmember Bermudez. CITY COUNCIL COMMENTS Councilmember Kelley requested the meeting be adjourned in memory of George Goss and Mayor Stefenhagen added that the meeting would also be adjoumed in memory of Richard Cruz. SPECIAL PRESENTATIONS City Council recognized Thomas Sievers for his heroic actions to save a drowning child's life. City Council recognized the 2001 Norwalk Community Coordinating Council's Citizen of the Year, Malvina McLaughlin; and the Youths of the Year, Claudia Castellanos and Nathan Pontius for their outstanding community service. CITY MANAGER REPORT The City Manager reported that City Council had reviewed the proposed budget for fiscal year 2001-02 at a special meeting held June 4, 2001; that the proposed budget was balanced and would be considered for adoption at the June 19`" Council meeting. CONSENT CALENDAR Consent calendar items are considered routine matters that may be enacted by one motion and roll call vote. Councilmember Bermudez moved and Councilmember Mendez seconded to approve the consent calendar as recommended by staff. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Councilmembers Bermudez, Kelley, Mendez, and *Mayor Stefenhagen 9823 F Minutes of the Regular Meeting Norwalk City Council June 5, 2001 NOES: None ABSENT: Vice Mayor Luera *Mayor Stefenhagen abstained from voting on warrant number 53603. MEETING MINUTES City Council approved the minutes of the regular meeting of May 15, 2001. 825-04 PAYROLL City Council approved the payroll register for the period April 29, 2001 — May 12, 2001, in the total amount of $494,111.62 630 COMMERCIAL DEMANDS City Council approved the warrant register dated May 29, 2001 in the total amount of $1,309,518.96. 640 CLAIMS AGAINST THE CITY City Council denied the claims filed by Michelle Frase, S.E. Law Center Condo Association and Interinsurance Exchange of the Automobile Club (Olney). 830-06/19/09 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM City Council received and filed the Quarterly Report for supplemental law enforcement services funds. 730-03-02 NORWALK TRANSIT 2ND ANNUAL BUS ROADEO City Council approved the License and Hold Harmless Agreement with Arden Realty, Inc., pending review by the City Attorney, for the Transportation Department Bus Roadeo scheduled to be held July 28, 2001, and authorized the City Manager to execute the agreement on behalf of the City. 925107 LOS ANGELES COUNTY PROBATION DEPARTMENT SERVICES AGREEMENT City Council approved the renewal agreement for the term July 1, 2001 - June 30, 2002, and authorized the City Manager to execute the agreement on behalf of the City. 730-02-01 9823 Minutes of the Regular Meeting Norwalk City Council June 5, 2001 CONSTRUCTION PHASE OF CIVIC CENTER ART PROJECT — PROJECT NO. 2576 City Council accepted the work of Hondo Company, Inc. for construction of the Civic Center Art Project in the total amount of $292,900.82. 1005-04-2576 WASTE MANAGEMENT CONSULTING SERVICES City Council authorized the City Manager to renew the contract with the Solid Waste Solutions, Inc. (Amendment No. 2) for the term of July 1, 2001 - June 30, 2002. 1065-04 APPOINTMENTS BOARDS/COMMISSIONS/COMMITTEES There being no objection, Councilmember Kelley reappointed Mary Jane McIntosh and Ben Pendleton to the Parks and Recreation Commission. 200 WORKFORCE INVESTMENT BOARD City Council nominated Mike Sims for reappointment as the City's Private Sector Representative to the Workforce Investment Board. There being no objection it was so ordered. 135-15-01 NORWALK SENIOR CITIZEN CENTER, INC. (NSCC, INC.) BOARD OF DIRECTORS There being no objection, City Council approved the recommendation of the NSCC, Inc. Board of Directors that Veronica Cook fill an existing vacancy on the Board for the remainder of the term expiring December 31, 2001. 425-02-04 PUBLIC HEARING RESOLUTION NO. 01-33 - PRECISE DEVELOPMENT PLAN NO. 1625 — HOUSE2HOME/MILESTONE MANAGEMENT -11729 IMPERIAL HIGHWAY Mayor Stefenhagen opened the public hearing to consider an appeal of the Planning Commission's approval of a request from HomeBase, Inc. to convert an existing 133,510 square foot building (formerly HomeBase) to a retail warehouse building including a request to allow a reduction in parking requirements. The City Clerk presented a report on compliance with the legal requisites for notice of hearing. The City Clerk stated that correspondence had been received from Charles Shumaker, representing the appellant, REA Hanover, and from John Price, representing 9824 Minutes of the Regular Meeting Norwalk City Council June 5, 2001 HomeBase, Inc. In the correspondence, REA Hanover requests and HomeBase, Inc. consents to a continuance of the public hearing for two weeks, Councilmember Mendez moved to continue the public hearing to the next Council meeting; motion failed due to lack of a second. Following a staff report, Mr. John Price addressed City Council to express appreciation to City Council and the residents of the City for the successful opening of the House2Home store and offered to respond to inquiries from the City Council. Charles Shumaker, representing REA Hanover, indicated that his client had reservations with the parking study submitted by HomeBase and expressed concern that inadequate parking would negatively affect the development of adjacent land. Mr. Shumaker requested the public hearing be continued for two weeks to allow another parking study and to avoid potential future litigation. There being no further persons wishing to testify regarding this matter, Mayor Stefenhagen closed the public hearing. Councilmember Bermudez moved and Councilmember Kelley seconded to uphold the decision of the Planning Commission and adopt Resolution No. 01-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION RELATIVE TO THE DENIAL OF THE APPEAL AND APPROVAL OF PRECISE DEVELOPMENT PLAN NO. 1625, MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Councilmembers Bermudez, Kelley, Mendez and Mayor Stefenhagen NOES: None ABSENT: Vice Mayor Luera 320-04-1625 REPORTS 2001 APPLICATIONS FOR RETAIL FIREWORKS SALES PERMITS AND PROPOSED SAFETY EFFORTS Councilmember Mendez moved and Councilmember Kelley seconded to receive and file the City Manager's Report, approve the organizations eligible to obtain retail fireworks permits, and authorize issuance of permits. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: Councilmembers Bermudez, Kelley, Mendez, and Mayor Stefenhagen NOES: None ABSENT: Vice Mayor Luera 9825 Minutes of the Regular Meeting Norwalk City Council June 5, 2001 Those organizations approved were as follows: American Legion Color Guard, Calvary Community Church, Cerritos College Wrestling Club, Grace Evangelical Free Church, Kiwanis Club of Norwalk, Las Buenas Nuevas, Little Lake Little League, Norwalk/Santa Fe Springs Youth Football, Norwalk Elks Lodge #2142, Norwalk High School Football Boosters, Norwalk Knights of Columbus, Norwalk Sheriffs Explorers, Norwalk Wesleyan Church, Pack #328, Parents in Support of Youth Activities, Parents of Norwalk Youth (P.O.N.Y), Pi Kappa Chapter ACJA/LAE, Pioneer Baptist Church, Santa Fe High School Band Boosters, Sky High Youth Services, Southwest Norwalk Little League, St. Francis Episcopal Church, St. John of God Church, Victory Outreach Church and Winema Youth Association. 612-08 ORAL COMMUNICATIONS Addressing City Council were Bob Hoskins and Jerry Ori. ADJOURNMENT There being no further business to come before City Council, the meeting was adjourned in memory of George Goss and Richard Cruz at 6:39 p.m. Attest: GORDON STEFENHAGEN MAYOR 9826 Respectfully submitted, GAIL A. VASQUEZ CITY CLERK SAMPLE CITY OF MANHATTAN BEACH 9/4/01 increases were at locations that were not immediately adjacent to the Marine/Meadows intersection and because there may have been some other activities in the area that generated traffic on the studied area streets. He concluded by stating that if City Council decided that they wanted to permanently remove the traffic restriction, they would need to refer the matter to the Planning Commission for a public hearing and appropriate environmental review because the change would be a reversal of a mitigation measure that was included in an adopted Environmental Impact Report (EIR). Council held discussion with Traffic Engineer Garland clarifying where the traffic counts were conducted and acknowledging that it is likely that the large traffic changes may have been caused by factors other than the intersection modification. He stated that both the before and after traffic counts were conducted during the school year so the conditions were relatively the same: that the construction on Marine Avenue has been on -going for months; and as lanes were open during the counts, it should not have effected the results. In response to a question from Mayor Pro Tem Fahey, City Attorney Robert Wadden explained that unless the City Council decides to conduct further evaluation on this matter, the intersection needs to revert back to its original configuration; further explaining that if there is support to allow through movement permanently City Council must refer the mater to the Planning Commission for a public hearing and appropriate environmental review because the change would be a reversal of a mitigation measure that was included in an adopted EIR. The following individual spoke on this item: • Mora Tremblay, 1209 Meadows • David Dijkstra, 23" & Meadows • William Victor, Property Owner • George Kerster, 5th and Meadows • Ann Estes, No Address Provided • Steve Kaltenbach, 1167 N. Meadows • Christi Hogin, 19th Street near Meadows • Kelly Fogarty, 17th near Meadows • Robert Dorsey, 1501 23rd Street • Sherman Fenster, Manhattan Village • Rion (Last Name Inaudible), Manhattan Village • Tony Shabestari, No Address Provided • Greg Edwards, Manhattan Village • Phyllis Cohen Edwards, Manhattan Village • Dave Eddings, 23 Bridgeport • Joan Dontanville, 7 Cambridge • Sharon White, 26d Street resident • Gary Kane, Manhattan Village Councilmember Aldinger acknowledged that the traffic on Marine Avenue is representative of many other streets in the City. He indicated that the overwhelming public response he has received and the action he is leaning towards is putting back the signal to the way it was. Councilmember Aldinger stated that he believes that the traffic count data is inconclusive as it leaves "what ifs", suggesting that further study on Meadows Avenue traffic be examined as part of the overall traffic review in the General Plan Update. Acknowledging that traffic is the most difficult issue and one that the City Council is deeply City Council Meeting Minutes of August 7, 2001 9 implementing the restrictions; taking follow up counts; if adverse impact, develop a mitigation program; and then retum to Council to determine if the restrictions should become permanent. He further explained that staff recommends to start off the trial program using the low-cost option then, if Council determines it necessary, progress to the high - cost option. Mayor Pro Tem Fahey asked for further details regarding where the signs would be and why it is so difficult to enforce. Traffic Engineer Garland explained that signs would be placed on the right hand side of the street as drivers approach the corner, on the mast arm of the signal and also painted on the pavement. He also explained that while these modifications are legally enforceable, drivers receiving tickets can use excuses such as the paint was faded or the sun was in my eyes whereas citations given at intersections with traffic signals with arrows are absolutely against the law. The following individuals spoke on this item: • Jim Marsden, 1707 2"d Street • Indira Lamas, 2"d Street • Sharon White, 1550 2"d Street • George Repucci, 2"d Street • George Cohn, 1407 81" Street Mayor Pro Tem Fahey expressed her opinion that unlike the Marine/Meadows traffic studies, the City has legitimate data to justify implementation of a left/right turn only for westbound traffic on 2"d Street at Aviation adding that she would also like to see no westbound through traffic on 8th street. In response to Council's questions regarding when the traffic counts were taken, Traffic Engineer Garland responded that they were taken both before and after the barricade was up. Councilmember Napolitano emphasized that rather than single out 8th Street for traffic restrictions, he prefers to address all mitigation measures globally after Council sees the results of the modifications and that he is also in favor of the Low Cost option. Councilmember Aldinger stated that he is in favor of the modifications and would like to review the data as the study goes along and believes that cost should not be the issue if the City will end up with the High Cost option anyway. Councilmember Wilson reiterated her opinion that traffic doesn't go away, it just goes somewhere else and that direct routes are best. She also commented that when this issue was proposed she thought it was a good idea, however, to put more traffic on other parallel East/West streets and to block off streets will make it hard for people to get to their homes. Mayor Dougher stated that he agrees with the study as proposed indicating that he believes this will be an on -going situation therefore questions whether to go ahead and spend the money to modify the signal now. Mayor Pro Tem Fahey confirmed that she is strongly opposed to infiltrating the surrounding parallel East/West streets but is not in favor of the more expensive approach at this time. City Council Meeting Minutes of August 7, 2001 12 SAMPLE C' Y OF MORENO VALLE- 8/29/2001 SPECIAL PRESENTATIONS Councilmember Stewart and Fire Chief Wes Alston presented Randy Greenlee, Fire Apparatus Engineer, with a plaque honoring him as Firefighter of the Quarter. Councilmember Stewart and Trent Pulliam, Director of Public Works/City Engineer presented Kent Wegelin, Associate Engineer with a plaque and gift certificate honoring him as the Employee as the Quarter. Councilmember Stewart presented Patsy Christian with a proclamation recognizing her fifteen years of dedicated service to the City of Moreno Valley. PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE JURISDICTION OF THE CITY COUNCIL ARE AS FOLLOWS: George Albanese — Address matter of record (Submitted discourse for the record) 1) Closed session items George Albanese — Address matter of record (Submitted discourse for the record) 1) Brown Act violations Pete Bleckert — Address matter of record 1) Measure to repeal Utility User's Tax Roosevelt Tate — 12080 Pigeon Pass Road, E140 1) Reinstatement of Police Officer Robert Marks Wybe Schaafsma — 24830 Ramona Lane 1) Defeat of Measure "A" Kenneth Loomis — 25370 Ramblewood Court 1) Need to build up business in Moreno Valley Priscilla Banks — 13560 Searson Drive MINUTES 2001 2 AUGUST 14, 1) Importance of public safety Ray Hosman — Address matter of record 1) Low cost housing 2) Utility User's Tax JOINT CONSENT CALENDARS (SECTIONS A-C) OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, MORENO VALLEY COMMUNITY SERVICES DISTRICT, AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MORENO VALLEY Mayor Flickinger opened the agenda items for the Consent Calendars for public comments. Pete Bleckert — Address matter of record (Item Al 1) 1) Resignation of Judy Nieburger and Denise Lanning from Library Advisory Board Councilmember White made a motion, seconded by Mayor Pro Tem Batev to approve the Consent Calendars in their entireties, with the exception of A9, Approve Budget Adjustment and Award Construction Contract for Myers Avenue Improvements from Heacock Street to Perris Boulevard: and Miscellaneous Street Improvements within Tract 22139, Tract 24478, and Plot Plan 1338, Project No. 98-92774-2, pulled for separate discussion/action. Motion carried 5-0. Roll call vote. A. CONSENT CALENDAR - CITY COUNCIL Al. ORDINANCES - FIRST READING BY TITLE ONLY Waived reading of all Ordinance Introductions and read by title only. A2. MINUTES —SPECIAL MEETING OF JUNE 20, 2001 Approved as submitted. A3. MINUTES — REGULAR MEETING OF JUNE 26, 2001 Approved as submitted. 3 MINUTES AUGUST 14, 2001 Town Council Minutes November 20, 2000 Redevelopment Agency Los Gatos, California CONFLICT OF INTEREST CODE CONTINUED Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce the Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS, as they appear in the desk item. Carried unanimously. CHILDREN'S HOSPITAL/NORTH 40 SPECIFIC PLAN (21.37) Dr. Fox, 211 Glen Ridge Ave., thanked Council for its concern and encouragement. The task force will be disbanded but the participants will continue helping on other phases of the proposal. The first phase will be for a children's urgent care facility. Community Development Director, Paul Curtis, noted that the current zoning on the North 40 site does provide for medical facilities. The General Plan and zoning for the North 40 also indicates that any large scale development would have to go through a planned development and would be subject to review by the Planning Commission and Town Council. The draft North 40 Specific Plan had been considered by the Planning Commission and by the Town Council. Council did not adopt it and it is now a high priority for completion this year. Until the Specific Plan is adopted, any plans for development will be considered one at a time, and the Los Gatos Boulevard Plan standards can be used to evaluate them. Council consensus to accept and file informational report on the children's hospital. TOLL HOUSE HOTEL/RENOVATION/140 S. SANTA CRUZ AVE. (22.15) Mayor Pirzynski noted that this was the time and place so noted to consider report about required improvements for the Toll House Hotel renovation. Staff explained the modifications to the S. Santa Cruz Avenue beautification plans which the Toll House is responsible for. The changes are insignificant and meet the intent of the original approval by Council. There are 3 changes. The first is in the planter island in front of the hotel. It is smaller in size because of drainage concerns and to compromise for reduction in size some additional street furniture will be added to keep a plaza like conformity. The second change removes the cross walk between Wood and Broadway. Traffic conditions do not permit that to be a safe cross walk. The third change narrows the corner of Broadway with planter islands to reduce the distance of the crosswalk on this wide street. There will also be additional modification on the Broadway - Montebello corner. These improvements should happen simultaneously to ensure compatibility and consistency of plans. The applicant is willing to contribute the equivalent costs of those improvements to the Town and Agency, so that the improvements can be done during the Town Plaza renovation project. The applicant is requesting temporary acceptance and occupancy permits due to the completion of the hotel's renovation. They will be granted a final certificate of completion when all the street improvements are complete by June 30, 2001. Motion by Mr. Attaway, seconded by Mr. Hutchins, that having considered the report, Agency authorized the recommended action listed in the staff report on tonight's agenda. Carried unanimously. TC:D 11:MM 112000 7 RESOLUTION 2001-104 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DIRECTING THE PREPARATION, STYLE, AND FORMAT OF TOWN COUNCIL MINUTES WHEREAS: A. With due consideration the Town Council has confirmed that "action only" minutes are the preferred form for recording regularly scheduled Los Gatos Town Council meetings, and; B. So as to clarify the record of public hearing items, brief summaries of speaker's comments made during such hearings will continue to be provided. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17th day of September,2001 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED /s/ Joe Pirzynski MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA COUNCIL MEETING PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL MINUTES POLICY STATEMENT - MINUTES COMMUNICATIONS PRESENTATION PRESENTATION TAXICAB RATES REZONING- SAN JOSE AVENUE & MAGNESON AVENUE SEWER SERVICE CHARGES-67/68 TAX ROLL Los Gatos, California A (S.) April 10, 1967 Council met in the Council Chambers of the Town Hail at 7:30 p.m. in continued regular session. Given by all in attendance, PRESENT: Councilmen Charles E. DeFreitas, John Lincoln, John D. Michaelsen, Roland H. Perry and Egon Jensen. ABSENT: None. Councilman Michaelsen moved minutes of March 20 be approved as submitted. Councilman DeFreitas seconded. Unanimously carried. Minutes of April 3rd were continued subject to Clerk checking the tape of said minutes as requested by Councilman Lincoln re page 5 and Councilman Michaelsen re page 4. Councilman Michaelsen moved minutes reflect action only and statements specifically noted for the record. Councilman DeFreitas seconded. Roll Cail: Ayes - Councilmen DeFreitas, Lincoln, Michaelsen, Perry and Jensen. Noes None. Motion carried. 1. Letter from Assemblyman John Vasconcellos re proposed special vehicle use fee. 2. Letter from Board of Supervisors, County of Santa Clara re creek side pork - LOS Gatos Creek. Councilman Michaelsen requested this be discussed along with agenda item on High- way 17. 3. Town Treasurer's monthly report for February, 1967. 4. Gasoline report for March, 1967. 5. Street sweeper report for March, 1967 from Department of Public Works. Mrs. Winifred Warner, representing the Planning Commission, pre- sented Council with a "re -organization chart" for the Town of Los Gatos. Said presentation depicted numerous cats. On behalf of the Council Mayor Jensen thanked Mrs. Warner. Mr. Frank Felice, from audience, presented Councilmen DeFreitas, Michaelsen and Perry with birthday cupcakes representing first anniversary date as Councilmen. Town Attorney presented for adoption AN ORDINANCE AMENDING ORDINANCE NO. 302 OF THE TOWN OF LOS GATOS ENTITLED "AN ORDINANCE TO REGULATE THE RATES, RULES AND PRACTICES OF TAXICABS OPERATING IN THE TOWN OF LOS GATOS, PRESCRIBING TERMS AND CONDITIONS UNDER WHICH SUCH OPERATIONS MAY 8E CONDUCTED, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING CONFLICTING ORDINANCES". Councilman Michaelsen moved the reading of Ordinance No. 901 be waived. Councilman Perry seconded. Unanimously carried. Councilmen Michaelsen moved Ordinance No. 901 be adopted, Councilman Perry seconded. Unanimously carried. Town Attorney presented for adoption AN ORDINANCE OF THE TOWN COUNC}I. OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NUMBER 867 SPECIFICALLY DESCRIBED IN AND DESIGNATED AS ZONE CHANGE NO. 9, OF ORDINANCE NUMBER- 867. Said Ordinance provides for a change of zone at 16150 San Jose Avenue and adjacent lot; and 16785 Magneson Avenue from 0 zone to CH zone. Councilman Michaelsen moved the reading of Ordinance No. 902 be waived. Councilman Perry seconded. Unanimously carried. Councilman Michaelsen moved Ordinance No. 902 be adopted. Councilman Perry seconded. Unanimously carried. Town Attorney presented for adoption AN ORDINANCE ELECTING TO HAVE SEWER SERVICE CHARGES COLLECTED ON THE TAX ROLL FOR THE FISCAL YEAR 1967-1968. Councilman Michaelsen moved the reading of Ordinance No. 903 be waived. Councilman Perry seconded. Unanimously carried. Councilman Michaelsen moved Ordinance No. 903 be adopted. Councilman Perry seconded. Unanimously carried. -1- Town Council Minutes September 17, 2001 Redevelopment Agency Los Gatos, California CLOSED SESSION Town Attorney, Orry Korb, announced that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957, Public Employee Performance Evaluation, regarding Town Attorney. No reportable action was taken. MINUTES OF JULY 16, 2001 (06A.V) Ray Davis, resident, noted that on Page 6 he and others had been limited to two minutes of speech due to a lengthy hearing; He addressed Page 8 where the corrected minutes now appear to reflect his thoughts; On Page 9 he stated that his words were misquoted in reference to the Chamber. He also noted the Closed Session and urged the Town Attomey's termination. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Joint Town CounciURedevelopment Agency Minutes of July 16, 2001, as submitted. Carried unanimously. MINUTES OF SEPTEMBER 4, 2001 (06B.V) Motion by Mr. Blanton, seconded by Mr.Attaway, that Council approve the Joint Town Council/Redevelopment Agency Minutes of September 4, 2001, as submitted. Carried unanimously. MINUTES OF SEPTEMBER 10, 2001/JOINT COUNCIL -AGENCY (06C.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Joint Town Council/Redevelopment Agency Special Meeting and Study Session Minutes of September 10, 2001, as submitted. Carried unanimously. ELLENWOOD AVE 59/TREE REMOVAL PERMIT (08.15) Randy Attaway recused himself from this item. Jeanne Moore, 59 Ellenwood Ave, spoke of the confusion regarding her noticing of the changed hearing date for her appeal. She requested that Council reconsider its prior action and set a new date for her item to be heard. Ray Davis, resident, inquired about the vote which was recorded in the minutes of August 20`h Motion by Mr. Glickman, seconded by Mrs. Decker, to fully notice a new public hearing for October 15, 2001. Carried by a vote of 4 ayes. Mr. Attaway abstained. MANAGEMENT CONSULTING SERVICES/LESLIE WHITE/RESOLUTION 2001-101 (09.29) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2001-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AMENDMENT EXTENDING AGREEMENT WITH LESLIE R. WHITE TO PROVIDE MANAGEMENT CONSULTANT SERVICES. Carried unanimously. TOWN COUNCIL MINUTES/PREPARATION/FORMAT/RESOLUTION 2001-104 (14.28) Council discussion: Mr. Glickman asked to continue the minutes as they have been done in the past. He appreciates the verbatim minutes in Planning due to more complete reporting on land use issues but he would rather continue with action only minutes for Council. TC:D 13:MM091701 3 Town Council Minutes September 17, 2001 Redevelopment Agency Los Gatos, California TOWN COUNCIL MINUTES/PREPARATION/CONT. Council discussion continued: Mr. Blanton spoke to the action of the Council and not the aggrandizement of an individual. He would like to continue the verbatim minutes of the Planning Commission meetings. Mrs Decker suggested having all of the tapes of the Council minutes put on CDs for more convenient public access. She supported verbatim in Planning and land use. Mr. Attaway agreed with the suggestion of using more current technology and retaining the action only minutes of Council and the verbatim of Planning. Mr. Pirzynski is comfortable with having a stenographer for the Planning Commission meetings and action only minutes for Council. Speaker from the audience: Ray Davis, resident, requested that more information and detail be found in the Council minutes. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council continue its present practice and adopt Resolution 2001-104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DIRECTING THE PREPARATION, STYLE AND FORMAT OF THE TOWN COUNCIL MINUTES, and remove Section B. Carried unanimously. MAINTENANCE OF TOWN ALLEY WAYS (15.23) Speakers from the audience: Richard Fox, 211 Glen Ridge Ave, spoke of Apricot Lane and its safety. The width of the alley is not conducive to traffic safety if it is maintained and turned into a little street for the use of cut through traffic trying to avoid the new stop signs on Glen Ridge. He had proposals for the development of this alley. Julie Gilbert, 243 Bachman Ave, spoke of the alley between Tait and Wilder. The petition from the neighbors requested Town maintenance. Council consensus that the Town assume the maintenance of alleys. Orry Korb, Town Attorney, reconfirmed that when the Town does take the responsibility to maintain an alley it becomes public property at that point by informal acceptance. He said staff would notice each alley for one or more public meetings. Council Comments: Mr. Attaway wants the alleys maintained but wants public funds used on public roads and private funds used on private roads. He wants each alley assessed, and an individual policy set for the individual alleys. He does not believe it will work without each neighborhood's agreement. Mr. Blanton would let each neighborhood determine the nature and care of their alley. Mrs. Decker noted that there is time to include the neighbors before work begins in the spring. She asked that the Weekly keep the public informed. Mr. Pirzynski asked staff to move forward but to deal individually with the neighbors' needs. Mr. Glickman agrees with hearing the issue publicly but does not want to listen to 11 individual hearings. He would group those alleys that are ready to accept public maintenance together and address and move forward on those first. The three that are in question could be treated more individually. TC:DI3:MMo9I70I 4