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M02-04-13 Town Council Meeting 3 /4 /13 Item #1a Page 1 MINUTES OF THE TOWN COUNCIL/SUCCESSOR AGENCY MEETING FEBRUARY 4 , 2013 The Town Council of th e Town of Los Gatos conducted a Regular Meeting in the Town Council Chambers on Monday, February 4, 2013 at 7:0 0 P.M. MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member Marcia Jensen, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None. PLEDGE OF ALLEGIANCE Ethan Rok es from Alta Vista Elementary School l ed the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT There was no closed session report for this meeting. TOWN COUNCIL COUNCIL/TOWN MANAGER REPORTS Council Matters Mayor Spector - C ommented that she and the Vice Mayor attended the Arts in Council Chambers reception where they honored the high school stu dents who painted the art work. - C ommented that she attended the West Valley Mayor Manager meeting with Mr. La rson. - Commented that the Museums Association issued a press release stating it will provide a new home for the Love Locks on February 13, 2013. Manager Matters Greg Larson, Town Manager - Commented that there is a des k item for item 1 on the consent agenda. Did You Know...? - Heidi Long, Library Manager, commented on the Library's first anniversary and events scheduled to celebrate the milestone. Page 2 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of January 22, 2013 2. Accept FY2012/13 Second Quarterly Investment Report (October through December 2012) 3. Adopt an Ordinance of the Town of Los Gatos amending Chapter 19 Parks and Recreation of the Town of Los Gatos Town Code 4. PPW Job No. 11 -12 - Live Oak Manor Park ADA Upgrades Project 831 -3803 Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Jos. J. Albanese, Inc. and authorize recording by the Clerk Administrator . 5. P PW Job No. 10 -19 - University Avenue Resurfacing Project (Shelburne Way to Vasona Dam) 811 -0006 Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of Duran & Venables, Inc. and authorize recording by the Clerk Administrator 6. PPW Job No. 12 -19 - Fiscal Year 2012/13 - Curb, Gutter, and Sidewalk Replacement Project 411 -813 -9921 a. Authorize the Town Manager to execute a construction contract with JJR Construction Inc. in an amount not to exceed $173,090.00 b. Authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $20,000.00 TOWN COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS 7. Successor Agency - Adopt resolution approving Recognized Obligation Payment Schedule 13 -14A and Administrative Budget for Successor Agency for July 1, 2013 to December 31, 2013 MOTION: Motion by Vice Mayor Steve Leonardis to approve Consent Items #1 -7. Se conded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. Page 3 VERBAL COMMUNICATIONS Ms. Jones - Commented on the harmful effects of adding fluoride to water. OTHER BUSINESS 8. Discussion of policy issues and direction regarding firearm sales in Los Gatos and consideration of regulations on the sale of firearms and ammunition Greg Larson presented the staff report. Council Questions - Questioned the type s of firearms licenses issued by loc al, state , and federal agencies. - Requested clarification about what Templar can and cannot do, bas ed on all of the documentation. - Questioned whether firearms "sales" include s mail order or Internet sales. - Questioned whether there is a Town challenge regar ding the use of various names by the business . Mr. Larson - Commented that Town issued the following to Templar: a business license , architecture and site approval , building permits , and an occupancy permit. - Commented that the State issued a certificate of eligibility and the federal government iss ued a federal firearms lic ense. - Commented that repair was specified in the original business license, which was modified for firearm sales. - Commented that nothing in code differentiates betwee n mail order or Internet sales. - Commented that there are multiple levels of review in the documents and various documents denote “Templar Sports,” “Templar Armaments,” “Templar,” and “Robert Chang .” - Commented that there was no challenge to da te regarding the use of names. Ms. Propp , Town Attorney - Commented that the federal government issues a “Centralized Firearms Dealer Inspection ” and the state issues a “Certificate of Eligibility.” Ms. Bailey , Planning Manager - Commented that as a retail store, Templar may sell merchandise and do repairs but may not manufacture merchandise. Page 4 Item #8 – Continued Council Questions – Continued - Requested clarification regarding "repair" and its abs ence from the business license. - Requested clarification regarding what takes precedence when looking at the various licenses and building permits. - Requested clarification regarding home occupation permits and firearm sales. Mr. Larson - Commented that the original business license application included "repair" but not in specific relation to firearms. - Commented that the revised business license had a summar y title, which is not atypical. - Commented that the application for both the original and revised license was for "sp orting good retail and repair." - Commented that Chief Seaman’s informal meeting with Templar ow ners includ ed discussion of firearm sales. - Commented that staff is researching the issue of the home occupancy ordinance as it relates to firearm sales but at this time there are no such permits in effect. Ms. Bailey - Commented that the current home occupa ncy ordinance does limit one customer at a time. Open the Public Hearing Ms. Schneider - Expressed concern about firearm sales in Town. Mr. Fitzgibbon - Expressed support for Templar Sports. Ms. Madier - Expressed concern about firearm sales in Town. Mr. Cogan - Expressed support for Templar Sports. Mr. Spilsbury - Expressed support for Templar Sports. Page 5 Item #8 – Continued Ms. Sutterfield - Expressed support for Templar Sports. Mr. Levy - Expressed concern about firearm sales in Town. Mr. Fortin - Expresse d support for Templar Sports. Mr. Oneto - Expressed support for Templar Sports. Ms. Decker - Expressed concern about firearm sales in Town. Ms. Durgea - Expressed concern about firearm sales in Town. Mr. Decker - Expressed concern about firearm sales in Town. Mr. Brumberger - Expressed concern about firearm sales in Town. Mr. Simpson - Expressed support for Templar Sports. Mr. Shackelford - Expressed support for Templar Sports. Mr. Jorgensen - Expressed support for Templar sports. Ms. Weinstein - Expressed concern about firearm sales in Town. Ms. Ventura - Expressed concern about firearm sales in Town. Page 6 Item #8 – Continued Ms. Sterne - Expressed concern about firearm sales in Town. Ms. Tozzini - Expressed support for Templar Sports. Ms. Malcolm - Expressed support for Templar Sports. Mr. Malcolm - Expressed support for Templar Sports. Mr. Rubino - Commented that the Town Council should study this issue closely. Mr. Zakai - Expressed support for Templar Sports. Ms. Jamison - Expressed support for Templar Sports. Mr. Zanardi - Expressed support for Templar Sports. Mr. Tomasetti - Expressed support for Templar Sports. Mr. Bertacini - Expressed support for Templar Sports. Mr. Fee - Commented on the need for a public hearing in this case. Ms. VanZaiden - Expressed concern about firearm sales in Town. Ms. Greiner - Expressed concern about firearm sales in Town. Page 7 Item #8 – Continued Mr. Huston - Expressed support for Templar Sports. Ms. Rollins - Expressed concern about firearm sales in Town. Mr. Kloptik - Expressed support for Templar Sports. Mr. Chang - Expressed support for Templar Sports and as one of the owners invited the public to visit the store to learn about its operation . Council Questions - Questioned the identity of the other owners of Templar Sports. - Questioned background check procedures for the other owners . - Questioned whether the Los Gatos -Monte Sereno police completed a background check . - Questioned the details of a federal class 7 license issued to Templar Armaments LLC and the term of the license. - Questioned why the original Town business license listed s porting goods store then language added re garding firearms. - Questioned when the Templar Armaments LLC was formed. - Questioned when the Town issued a business license to Templar. - Questioned why the forms Templar submitted to the Town did not mention firearm sales. - Questioned interaction with employee regarding the revised business license issued in August 2012 . - Questioned the identity of the landlord and whether there are other Templar owners . Page 8 Item #8 – Continued Mr. Chang - Commented that he is the managing active partner , and the other owners are silent partners. - Commented that several federal and State background checks were done before the store could operate. - Commented that the Los Gatos -Monte Sereno Police Department d id not do back ground c hecks on the owners as that i s not required , but it did do fingerprint checks , which were sent to the Department of Justice. - Commented that a Class 7 FFL license is for gunsmithing , and it allows Templar to service firearms for police departments. - Commented that there is a 3 year term for the license. - Commented that the business license documents were completed in good faith . Commented that there is a very specific code section from state law and the revised license was obtained so that the business license reflected the language of that code section. - Commented that the group formed the LLC in the first or second quarter of 2012 - Commented that he would need to consult his paperwork for specific dates and could do so at a later time. - Commented that there are no other partne rs to the LLC besides those referred to earlier. - Commented that state and federal agencies have different regulations regardi ng firearm sales and licensing. - Commented that the company is licensed and there is a managing person - Commented that there were no retail sales at the business until December 29, 2012, so even though one license may come before another, the store could not commence operations until all the licenses are secured. - Commented that Mr. Pleschette i s the landowner. Mr. Kilmer - Commented that his client, Mr. Chang, is willing to answer all questions but was not prepared to do so tonight. Council Questions for Mr. Chang – Continued - Questioned the l anguage of the business license and who completed the business application paperwork. - Questioned the meaning of “repair .” - Questioned what other entities Templar is working with to supply fire arms. - Questioned wheth er Templar can “modify” firearms. - Questioned whet her Templar manufactures guns. - Questioned whether Templar is storing gun powder. - Questioned whether Templar sells bullet buttons. Page 9 Item #8 – Continued Mr. Chang - Commented that he completed the business license application paperwork. - Commented that “repair” may include pistol service, barrel replacement, and assessment of firearm co llection functionality. - Commented that there discussions wi th certain entities but Templar only currently sells to the public. - Commented that it depends on the definition of "modify" because, for example, changing the grips of a gun is something that Templar does. - Commented that manufacture does not occur at the shop - Commented that Templar would create bolt action rifles for police departments and can manufacture receivers to repair guns. - Commented that Templar is not storing gun powder and does not in tend to because explosi ves are very highly restricted. - Commented that Templar sell s D epartment of J ustice certified bullet buttons. - Commented that there is a 2 part assault rifle ban in the law. Ms. Mammel - Expressed concern about firearm sales in Town. Ms. Gordon - Expressed concern about firearm sales in Town. Mayor Spector called for a recess at 9:27 p.m. The meeting resume at 9:37 p.m . Mr. Scott - Expressed support for Templar Sports. Mr. Macartney - Expressed concern about firearm sales in Town. Ms. Dinga - Expressed concern about firearm sales in Town. Mr. Kaschub - Expressed concern about firearm sales in Town. Ms. Uhrowczik - Expressed concern about firearm sales in Town. Ms. Creighton - Expressed concern about firearm sales in Town. Page 10 Item #8 – Continued Ms. Cannizarro - Expressed concern about firearm sales in Town. Mr. Varner - Expressed support for Templar Sports. Mr. Mondrey - Expressed support for Templar Sports. Mr. Mannon - Commented on the Second Amendment. Ms. Susick - Expressed concern a bout firearm sales in Town. Mr. Guy - Expressed support for Templar Sports. Mr. Krall - Expressed support for Templar Sports. Mr. Royce - Expressed support for Templar Sports. Mr. Matt Sutterfield - Expressed support for Templar Sports. Mr. Andrew Sutterfield - Expressed support for Templar Sports. Ms. Palitz -Elliott - Expressed concern about firearm sales in Town. Mr. Kilmer - Expre ssed support for Templar Sports. Page 11 Item #8 – Continued Council Questions for Mr. Kilmer - Questioned the number of business owners. - Questioned the process for obtaining various licenses for firearm sales. Mr. Kilmer - Commented that there are three bus iness owners of Templar Sports. - Commented that there are different processes for State and federal licens es, which can be simultaneously applied for; however, federal law prohibits operation of the store before all processes are complete. Mr. Robert Sutterfield - Expressed support for Templar Sports. Ms. Miano - Expressed concern about firearms sales in Town. Mayor Spector commented that each of the communications sent to Council regarding this item was distributed to all Council Members and made available as part of the agenda packet. Mr. Glow - Commented on the Second Amendment. Mr. Richardson - Expressed co ncern about firearm sales in Town. Ms. Chang - Expressed concern about firearm sales in Town. Ms. Morely - Expressed concern about firearm sales in Town. Mr. Schwartzer - Expressed support for Templar Sports. Mr. Leight - Expressed support for Templar Spor ts. Mr. Riley - Expressed support for Templar Sports. Page 12 Item #8 – Continued Mr. Carlino - Expressed support for Templar Sports. Mr. Larsen - Expressed support for Templar Sports. Mr. Rojeski - Expressed support for Templar Sports. Ms. Davis - Expressed support for Templar Sports. Mr. Ricci - Expressed support for Templar Sports. Mr. Hoot - Expressed support for Templar Sports. Mr. Varner - Expressed support for Templar Sports. Ms. Goldsmith - Expressed support for Templar Sports. Ms. Williams - Expressed support for Templar Sports. Mr. Alarcon - Expressed support for Templar Sports. Mr. Van Nada - Expressed concern about firearm sales in Town. Ms. Wilson - Expressed concern about firearm sales in Town. Mr. Bowen - Expressed support for Templar Sports. Mr. Reed - Commented on the criminal justice system. Page 13 Item #8 – Continued Mr. Jomsens - Expressed support for Templar Sports. Ms. Martins - Expressed concern about firearm sales in Town. Mr. Autry - Encouraged civic discourse on this issue. Mr. Zehner - Expressed concern about the types of firearms and parts sold at Templar Sports. Mr. Rana - Expressed concern about firearm sales in Town. Mr. Stoddart - Expressed support for Templar Sports. MOTION: Motion by Council Member Marcia Jensen to continue the matter to a Special Meeting on Monday, February 11, 2013 at 7:00 p.m. Se conded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. The following discussion occurred prior to the vote: - Commented that the public made courteous and articulate presentations. - Commented that the issue is worthy of a special meeting and deserves Council’s full attention . - Commented that people who turned in speaker cards and were not called will be called at the February 11, 2013 meeting. ADJOURNMENT The meeting adjourned at 11:59 p.m. Attest: ______________________________ /s/Mazarin Vakharia, Clerk Administrator