M03-04-13 Town Council Meeting 3 /18 /13
Item #1
Page 1
MINUTES OF THE TOWN COUNCIL/SUCCESSOR AGENCY MEETING
MARCH 4 , 2013
The Town Council of th e Town of Los Gatos conducted a Regular Meeting in the Town
Council Chambers on Monday, March 4, 2013 at 7:0 0 P.M.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6) To meet with Town Negotiators listed below in
closed session pursuant to Government Code §54957.6 regarding negotiations with the
Empl oyee Organizations listed below.
Town Negotiators (Lead): Rumi Portillo, Human Resources Director/Greg Larson,
Town Manager
Employee Organizations: Management Employees
Confidential Employees
Tow n Employees' Association (TEA)
American Federation of State County and Municipal
Employee s Local No. 101 (AFSCME)
Police Officers' Association (POA)
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 McNu tt, and Council Member Joe Pirzynski.
Absent: None.
PLEDGE OF ALLEGIANCE
Nathanial Vemury from Alta Vista Elementary School l ed the Pledge of Allegiance. The
audience was invited to participate.
CLOSED SESSION REPORT
Judith Propp, Town Attorney
- Commented that Council met in closed session and took no reportable action.
COUNCIL/TOWN MANAGER REPORTS
Manager Matters
There were no Manager Matters for this meeting.
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Council Matters
Council Member McNutt
- Commented that she attended a Santa Clara County recycling and waste reduction
meeting.
Vice Mayor Leonardis
- Commented that he attended s olid waste recycling program meetings.
Council Member Pirzynski
- Commented that he attended a Metropolitan Transportation Commission meeting.
Did You Know...?
Jonathan Knowles
- Commented on the upcoming Music in the Park series and announced the lineup of
musicians who will perform.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of:
a. February 4, 2013
b. February 11, 2013 - Special Meeting
c. February 19, 2013
2. Authorize the Town Manager to execute an agreement with Los Gatos United
Soccer League for use of Creekside Sports Park
MOTION: Motion by Vice Mayor Steve Leonardis to approve Consent Items
#1 -2 . Se conded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
There were no verbal communications for this meeting.
PUBLIC HEARINGS
3. Consideration of adopting an Urgency Ordinance establishing a temporary
moratorium on the establishment of commercial operations engaged in the sales
of retail firearms, ammunition and/or explosive devices
Page 3
Item #3 – Continued
Sandy Bailey, Planning Manager, presented the staff report.
C ouncil Q uestions
- Requested clarification regarding whether the moratorium will apply to Templar
Sports
Ms. Bailey
- Commented that the moratorium would not apply to the current activities of Templar
Sports.
Open the public hearing
Mr. Shaftel
- Expressed concern about the proposed moratorium.
Mr. Rawlings
- Expressed support for the proposed moratorium.
Mr. Johsens
- Expressed concern about the proposed moratorium.
Mr. Mills
- Expressed concern about the proposed moratorium.
Mr. Shakelford
- Expressed concern about the proposed moratorium.
Mr. McLively
- Expressed support for the proposed moratorium.
Mr. Huston
- Expressed concern about the proposed moratorium.
Mr. Pastrone
- Expressed support for the proposed moratorium.
Mr. Cobez
- Expressed co ncern about the proposed moratorium.
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Item #3 – Continued
Mr. Fink
- Expressed concern about the proposed moratorium.
Mr. Smith
- Expressed concern about the proposed moratorium.
Ms. Brierly
- Expressed concern about the proposed moratorium.
Ms. Pastrone
- Expressed support for the proposed moratorium.
Mr. Fee
- Expressed support for the proposed moratorium.
Ms. Goldsmith
- Expressed support for the proposed moratorium.
Ms. Mammel
- Expressed support for the proposed moratorium.
Mr. Stephen Schoenfeld
- Expressed concern about the proposed moratorium.
Ms. McNeill
- Expressed support for the proposed moratorium.
Mr. Harry Schoenfeld
- Expressed concern about the proposed moratorium.
Mr. Klopotic
- Expressed concern about the proposed moratorium.
Mr. Guy
- Expressed concern about the proposed moratorium.
Mr. Baker
- Expressed concern about the proposed moratorium.
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Item #3 – Continued
Ms. Williams
- Expressed concern about the proposed moratorium.
Mr. Moudry
- Expressed concern about the proposed moratorium.
Ms. Creighton
- Expressed support for the proposed moratorium.
Mr. Walker
- Expressed concern about the proposed moratorium.
Mr. Quon
- Expressed concern about the proposed moratorium.
Mr. Scott
- Expressed concern about the proposed moratorium.
Mr. Heagey
- Expressed concern about the proposed moratorium.
Mr. Fitzgibbon
- Expressed concern about the proposed moratorium.
Mr. Johnston
- Expressed concern about the proposed moratorium.
Mr. Rubino
- Expressed support for the proposed moratorium.
Mr. Giang reco
- Expressed concern about the proposed moratorium.
Ms. Sterne
- Expressed support for the proposed moratorium.
Mr. Royce
- Expressed concern about the proposed moratorium.
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Item #3 – Continued
Mr. W illiam Scott
- Expressed concern about the proposed moratorium.
Mr. Okulove
- Expressed concern about the proposed moratorium.
Mr. Varner
- Expressed concern about the proposed moratorium.
Mr. Glow
- Expressed support for the proposed moratorium.
Mr. Kasch ub
- Expressed support for the proposed moratorium.
Ms. Susick
- Expressed suppo rt for the proposed moratorium.
- Submitted a petition with signatures in support of the moratorium.
Ms. Decker
- Expressed support for the proposed moratorium.
Ms. Richardson
- Expressed support for the proposed moratorium.
Mr. Ellw ood
- Expressed concern about the proposed moratorium.
Ms. Lorraine
- Expressed concern about the proposed moratorium.
Mr. Millet
- Expressed concern about the proposed moratorium.
Mr. Bertacini
- Commented on current firearms policy.
Mr. Stanley
- Expressed concern about the proposed moratorium.
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I tem #3 – Continued
Mr. Cogan
- Expressed concern about the proposed moratorium.
Mr. Towber
- Expressed concern about the proposed moratorium.
Ms. Cameron Stanley
- Expressed concern about the proposed moratorium.
Ms. C andace Stanley
- Expressed concern about the proposed moratorium.
Ms. Kuerzel
- Expressed concern about the proposed moratorium.
Ms. Howard
- Expressed concern about the proposed moratorium.
Mr. Wu
- Expressed concern about the proposed moratorium.
Ms. Gordon
- Expressed concern about the proposed moratorium.
M r. Rohr
- Expressed concern about the proposed moratorium.
Closed the publ ic hearing
Mayor Spector called a recess at 9:07 p.m. The meeting resumed at 9:13 p.m.
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Item #3 – Continued
Council Discussion
- Commented that the public input was articulate and appreciated by the Council.
- Commented that this is a land use issue and the moratorium is not an action to ban
firearms .
- Commented that Templar will not be affected.
- Commented that a temporary m oratorium is allowed by law to protect the health ,
safety, and welfare of the Town.
- Commented on case law which allows the Town to make zoning decisions as they
relate to firearms sales.
- Commented that this is an opportunity to maintain the status quo and evaluate the
situation.
Ms. Propp
- Clarified procedural steps recommended in the staff report.
Mazarin Vakharia, Clerk Administrator, read the title of the proposed ordinance.
Council Discussion
- Commented that the Town approved a personal services business moratorium in
2003 and portions of it provide appropriate language to use in this moratorium.
- Commented that the eighth paragraph in the ordinance is general and does not
relate to land use deci sions in Los Gatos; t herefore it should be deleted.
Ms. Propp
- Clarified that the eighth paragraph in the proposed ordinance is not essential.
MOTION: Motion by Council Member Marcia Jensen to approve the
urgency ordinance establishing a temporary moratorium on the
future retail firearm sales in the Town of Los Gatos pending st udy
of any ordinance going forward .
o Amend the second paragraph to read as follows
b ecause it is more specific to L os G atos and it provide s
a nexus between land use, rather than national debate :
WHEREAS , the sales of firearms and ammunition
are not currently regulated under the Los Gatos Town
Code nor does it contain adequate procedures for
investigating and addressing the impacts of a new
firearms businesses in the Town of Los Gatos,
including the safety of the public at large and other
health, safety, and welfare impacts.
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Motion on Item #3 – Continued
o Delete the eighth paragraph
o Change “explosive device” to “destructive device”
throughout the ordinance’
o Include the content of the desk item into the motion.
o Insert the following paragraphs:
WHEREAS , since Templar opened in December
2012, there have been three public protests, reports
of vandalism, litter, and reported threats directed at
both those protesting against, and advocating for, the
continued operation of the store .
WHEREAS , in the past five years the Los
Gatos/Monte Sereno area has experienced an
increase in gun -related homicide and gun -assisted
prop erty theft, including an armed robbery of a Los
Gatos business .
WHEREAS the Santa Clara County Suicide
Prevention Oversight Committee has gathered data
between 2009 -2011, demonstrating that Los Gatos
has the highest per capita suicide rate in Santa Clara
County, and firearms are used in some such deaths .
Se conded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
The following discussion occurred prior to the vote:
- Council and staff discussed each of the afore mentioned modifications to the
originally proposed urgency ordinance (Attachment 1)
- Requested cla rification about whether staff verified the suicide and gun use
statistics in the suggested language .
Mr. Larson
- Suggested changes to the language of the proposed ordinance.
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Item #3 – Continued
MOTION: Motion by Vice Mayor Steve Leonardis to waive the reading of
the urgency ordinance. Se conded by Council Member Joe
Pirzynski.
VOTE: Motion passed unanimously.
Mayor Spector directed Mazarin Vakharia, Clerk Administrator, t o publish the urgency
ordinance within 15 days .
ADJOURNMENT
The meeting adjourned at 9:52 p.m.
Attest:
______________________________
/s/Mazarin Vakharia, Clerk Administrator