1DRAFT Town Council Meeting 9/16/13
Item # I
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;
Amelia Kinsella; Cassie Korb; Adam O'Regan; Michelle Philipp; Hannah Spinner;
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 Jpe 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 Town's historical
collection.
- Advised Park Ranger Dave Gray will retire on September 6 after 27 years of
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- 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
Town Council /Parking Authority September 3, 2013
Consent Items — continued
Mr. Loughridge pulled Item #5
MOTION: Motion by Vice Mayor Steven Leonardis to approve the Consent
Items as recommended by Staff, including the Desk Items, with the
exception of Items 4 and 6.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Pulled Consent Item #4
4. Adopt Council Policy regarding pub:lic_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: Motion by Mayor Barbara Spector to forward the item back to the
Policy Committee to reconsider.
Seconded by Council Member Diane McNutt.
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.
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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: Motion by Council Member Joe Pirzynski 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 by Council Member Diane McNutt.
VOTE: Motion passed 312. Vice Mayor Steven Leonardis and Council
Member Marcia Jensen voted no.
VERBAL COMMUNICATIONS
Mr. Loughridge
- Spoke on traffic impact fees.
OTHER BUSINESS
7. Adopt a resolution revising the Below Market Price (BMP) Housing Program
Guidelines Scoring Criteria (Continued from 8/19/13) RESOLUTION 2013 -036
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.
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Town Council /Parking Authority September 3, 2013
Other Business item #7 continued
Council Members discussed the item.
MOTION: Motion by Council Member Diane McNutt to adopt the resolution
revising the Below Market Price (BMP) Housing Program
Guidelines Scoring Criteria.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed 312. Vice 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: Motion by Mayor Barbara Spector 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 by Council Member Marcia Jensen.
VOTE: Motion passed unanimously.
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Town Council /Parking Authority September 3, 2013
ADJOURNMENT
Meeting adjourned at 9:23 p.m.
Submitted by: Attest:
Shelley Neis, Deputy Clerk Kim Marie Smith, Interim Clerk Administrator
Town Council /Parking Authority September 3, 2013