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M09-03-13 Town Council Meeting 9/16/13 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING SEPTEMBER 3, 2013 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, September 3, 2013 at 7:00 P.M. CLOSED SESSION Closed session began at 6:00 p.m. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9) Significant exposure to litigation pursuant to California Government Code Section 54956.9 (a), (d)(2) regarding firearms regulations CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code Section 54956.9 [d][1]) Name of Case: Naymark v. City of San Jose, et al. Santa Clara County Superior Court Case No. 1-07-CV-080008 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION (Government Code Section 54956.9[d][4]) Number of Cases: 1 MEETING CALLED TO ORDER The meeting called to order at 7:00 p.m. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member Joe Pirzynski, Council Member Diane McNutt, and Council Member Marcia Jensen. Absent: None. PLEDGE OF ALLEGIANCE Nitin Srinivasan, Los Gatos High School, led the Pledge of Allegiance. The audience was invited to participate. PRESENTATION 2013 Santa Clara Valley Science and Engineering Fair Winners - Mayor Spector presented Commendations to the 2013 Santa Clara Valley Science and Engineering Fair Winners: Sara Emami; Hannah Engle; Alainna Hansen; Lauren Sanders (not in attendance); and Jaeger Stone (not in attendance). CLOSED SESSION REPORT Judith Propp, Town Attorney, stated that Council met in Closed Session as duly noted on the agenda, Council took no action on the first two items and did not authorize litigation on the last item. COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Joe Pirzynski - Commented he was the emcee for the Bike Share Start-Up at San Jose City Hall on behalf of Valley Transportation Agency. Mayor Barbara Spector - Stated she attended the North 40 Meeting. Manager Matters - Showed Town Improvement Bonds from 1933 from the estate of former Town Treasurer, Nogah Bethlahmy, and they will be added to the Towns historical collection. - Advised Park Ranger Dave Gray will retire on September 6 after 27 years of service. - The Annual Taste of Los Gatos is September 8. - Advised the deadline to sign up for Community Garage Sale is September 8. - Commented there are Desk Items for Consent Items 2,4, and 5. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of August 19, 2013 2. Adopt an ordinance of the Town of Los Gatos adding Article IV to Chapter 11 to the Town of Los Gatos Municipal Code entitled "Single-Use Carry-out Bags" ORDINANCE 2219 3. Approve the response to the Santa Clara County Grand Jury Reports regarding Public Complaint Procedures and Public Safety Disability Retirement Rates 4. Adopt Council Policy regarding public use of Town equipment and signs at Town Council and Planning Commission meetings 5. Approve the transition to action only minutes for Town Council Meetings REDEVELOPMENT AGENCY 6. Successor Agency Actions Adopt resolution approving the Successor Agency Long Range Property Management Plan, Recognized Obligation Payment Schedule 13-14B and Administrative Budget for January 1, 2014 to June 30, 2014 RESOLUTION 2013-035 Council Member Marcia Jensen pulled Item #4 2 Town Council/Parking Authority September 3, 2013 Consent Items continued Mr. Loughridge pulled Item #5 MOTION: MotionVice Mayor Steven Leonardis by to approve the Consent Items as recommended by Staff, including the Desk Items, with the exception of Items 4 and 6. Seconded Council Member Joe Pirzynski. by VOTE:Motion passed unanimously. Pulled Consent Item #4 4. Adopt Council Policy regarding public use of Town equipment and signs at Town Council and Planning Commission meetings Opened the Public Hearing at 7:36 p.m. Mr. Loughridge - Spoke against certain requirements in the policy. Ms. Quintana - Spoke against certain requirements in the policy. Closed the Public Hearing at 7:42 p.m. Council Members discussed the item. MOTION: MotionMayor Barbara Spector by to forward the item back to the Policy Committee to reconsider. Seconded Council Member Diane McNutt. by VOTE:Motion passed unanimously. Pulled Consent Item #5 5. Approve the transition to action only minutes for Town Council Meetings Mr. Loughridge - Spoke against the transition to action only minutes. Opened the Public Hearing at 8:13 p.m. 3 Town Council/Parking Authority September 3, 2013 Pulled Consent Item #5 - continued Ms. Quintana - Spoke against the transition to action only minutes. Council Members discussed the item. Closed the Public Hearing at 8:15 p.m. MOTION: MotionCouncil Member Joe Pirzynski by to approve the transition to action only minutes for Town Council meetings as recommended by the Council Policy Committee, including recommendations in the desk item. Seconded Council Member Diane McNutt. by VOTE: Motion passed 3/2. Vice Mayor Steven Leonardis and Council Member Marcia Jensenvoted no . VERBAL COMMUNICATIONS Mr. Loughridge - Spoke on traffic impact fees. OTHER BUSINESS 7. Adopt a resolution revising the Below Market Price (BMP) Housing Program RESOLUTION 2013-036 Guidelines Scoring Criteria (Continued from 8/19/13) Sandy Baily, Community Development Director, summarized the desk item for the continued item. Opened the Public Hearing at 8:36 p.m. Ms. Roth - Spoke in favor of the guidelines. Ms. Ladd - Questioned the point system for some of the categories. Ms. Quintana - Questioned if the point system also applies to rentals. Closed the Public Hearing at 8:42 p.m. 4 Town Council/Parking Authority September 3, 2013 Other Business Item #7 continued Council Members discussed the item. MOTION: MotionCouncil Member Diane McNutt by to adopt the resolution revising the Below Market Price (BMP) Housing Program Guidelines Scoring Criteria. Seconded Council Member Joe Pirzynski. by VOTE: Motionpassed 3/2Vice Mayor Steven Leonardis and Council . Member Marcia Jensen voted no. 8. Update on Conditional Use Permit Complaint Process Sandy Baily, Community Development Director, presented the staff report. Opened the Public Hearing at 9:10 p.m. Ms. Quintana - Commented on the complexity of the CUP process. Ms. Dodson - Provided a suggestion for modification to the suggested process. Closed the Public Hearing at 9:17 p.m. Council Members discussed the item. MOTION: MotionMayor Barbara Spector by that this matter go back to staff with the direction that staff analyze and report back on three issues: 1) Recommendations as to how complainants could be advised of their Town Code rights regarding the process to bring a CUP before the Planning Commission for revocation or modification; 2) Guidance as to how to handle not opening up an entire CUP for review as there could be instances where it may be difficult or impossible not to do so; 3) Guidance on whether or not the Planning Commission should have the option of requiring a periodic review of a CUP. Seconded Council Member Marcia Jensen. by VOTE:Motion passed unanimously. 5 Town Council/Parking Authority September 3, 2013 ADJOURNMENT Meeting adjourned at 9:23 p.m. Submitted by: Attest: /s/ Shelley Neis, Deputy Clerk /s/ Jackie D. Rose, Interim Clerk Administrator 6 Town Council/Parking Authority September 3, 2013