M09-16-13
Town Council Meeting 10/07/13
Item # 1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
SEPTEMBER 16, 2013
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
September 16, 2013, at 7:00 P.M.
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
Hyuntae Byun, Los Gatos High School, led the Pledge of Allegiance. The audience was
invited to participate.
CLOSED SESSION REPORT
Judith Propp, Town Attorney, stated Council did not meet in Closed Session and there
is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Vice Mayor Steven Leonardis
- Stated he attended West Valley Solid Waste Advisory Authority Meeting.
- Stated he attended the Santa Clara Valley Water District meeting.
Council Member Joe Pirzynski
- Stated he chaired the Valley Transportation Authority Board of Directors meeting.
- Stated he represented the Town at the Santa Clara County Cities Association
meeting.
Mayor Barbara Spector
- Stated she attended the North 40 Specific Plan meeting.
- Stated she attended the Cambrian Community Council meeting.
Manager Matters
- Fall Wine Walk is Saturday, September 21.
- Screen on the Green at Oak Meadow Park is Friday, September 27.
- Board and commission application deadline is October 18.
Did You Know...?
Kevin Rohani, Town Engineer
- Commented on the Highway 9/University Avenue intersection project.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of September 3, 2013
2. Adopt a resolution extending the term limits and designating the Chair and Vice
Chair of the North 40 Advisory Committee for the completion of the North 40
RESOLUTION 2013-037
Specific Plan
3. Below Market Price Affordable Housing Program Authorize the Town Manager to
execute an amendment to the agreement with Neighborhood Housing Services
Housing Program (BMP) in an amount not to exceed $96,250 through FY 2014/15
4. Adopt resolution setting date for consideration of reorganization of an uninhabited
area designated as Englewood Avenue No. 9, approximately .49 acres located at
RESOLUTION
16428 Englewood Avenue. APN 532-05-019. File #AN13-002
2013-038
5. Authorize the Town Manager to execute an agreement for a nine month extension
with Gachina Landscape Management for landscape maintenance services in an
amount not to exceed $20,187
6. PPW Job No. 13-23 - FY 2013/14 Curb, Gutter and Sidewalk Replacement Project
411-813-9921
a. Authorize the Town Manager to execute a construction contract with Bearden
Construction Co., Inc. DBA CB Concrete in an amount not to exceed $243,774
b. Authorize staff to execute future change orders to the construction contract as
necessary in an amount not to exceed $25,000
7. PPW Job No. 12-13 - Pavement Rehabilitation - Crack Seal Project 411-811-9903
Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of S. Miller Paving and authorize recording by the
Clerk Administrator
8. PPW Project No. 10-10 - Highway 9 / University Avenue Intersection Improvement
Project 813-0202 Adopt resolution authorizing the Town Manager to execute an
Administering Agency-State Master Agreement and the Program Supplement
Agreement under the Master Agreement with the State of California Department of
RESOLUTION 2013-039
Transportation
MOTION: MotionCouncil Member Joe Pirzynski
by to approve Consent
Items #1-8.
Secondedby Vice Mayor Steven Leonardis.
VOTE:Motion passed unanimously.
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Town Council/Parking Authority September 16, 2013
VERBAL COMMUNICATIONS
Barry Chang, Cupertino City Council Member
- Requested that Council file an amicus brief and support the Bay Area for Clean
Environment (BACE) and No Toxic Air lawsuit against Lehigh Cement and Santa
Clara County.
Karen Del Compare
- Requested that Council file an amicus brief and support the Bay Area for Clean
Environment (BACE) and No Toxic Air lawsuit against Lehigh Cement and Santa
Clara County.
Paul Dueweke
- Requested that Council file an amicus brief and support the Bay Area for Clean
Environment (BACE) and No Toxic Air lawsuit against Lehigh Cement and Santa
Clara County.
Jeff Rangel, Brocade Director of Corporate Affairs for Silicon Valley Turkey Trot
- Spoke on the Mayor's Cup at the Silicon Valley Turkey Trot.
Carl Guardino, Silicon Valley Leadership
- Spoke on the Silicon Valley Turkey Trot
Tim Brand
- Requested that Council file an amicus brief and support the Bay Area for Clean
Environment (BACE) and No Toxic Air lawsuit against Lehigh Cement and Santa
Clara County.
PUBLIC HEARINGS
9. Zoning Code Amendment A-13-01. Firearm Regulation. Applicant: Town of Los
Gatos
a. Introduce ordinance adopting amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding the (1) retail sales of firearms,
ammunition and/or destructive devices, (2) home occupation permits, and
(3) duties of the Planning Commission and Town Council
b. Introduce Ordinance repealing the portion of Town Code Section 18.70.015
that allows the discharging of firearms on private property
c. Adopt a resolution establishing a fee for the firearms dealer permit
RESOLUTION 2013-040
Sandy Baily, Community Development Director, presented the staff report.
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Town Council/Parking Authority September 16, 2013
Public Hearing Item #9 continued
Council Members asked questions of staff.
Opened the Public Hearing at 8:09 p.m.
Cynthia Chang, Los Gatos Saratoga High School District Board Member
- Shared a portion of the resolution the school board passed in support of the
reduction of gun violence.
Deborah Weinstein
- Encouraged the shortest amortization period based on code for the existing firearms
retailer.
Molly McConville
- Spoke on the suggested zoning for firearms retailers.
Henry Fee
- Spoke on the complaint process and suggested an amendment to the proposed
ordinance.
Robert Macartney
- Commented on the complaint process.
Shannon Susick
- Commented the complaint process should be more clearly defined in the proposed
ordinance.
Michele Van Zuiden, Los Gatos School Board Member
- Commented on safe routes to schools in relation to firearms retailers.
Michael Glow
- Commented on the process of the existing firearms retailer being allowed in the
current location.
David Burt
- Commented on the proposed rezoning ordinance.
Ryan Reed
- Spoke against the ordinance.
Ben Cogan
- Spoke against the ordinance.
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Town Council/Parking Authority September 16, 2013
Public Hearing Item #9 continued
Lisa Mammel
- Commented on the timing for conformance of an existing business and sensitive
receptors.
Julie Maia
- Commented on the location of the existing retailer and the amortization period.
Amy Goldsmith
- Commented on the complaint process.
Closed the Public Hearing at 8:41 p.m.
Council Members discussed the matter.
Shelley Neis, Deputy Clerk, read the titles of the ordinances.
MOTION: MotionCouncil Member Marcia Jensen
by to adopt
recommendations #1-6 on page 1 of the Staff Report
encompassing all the amendments to Town Code A-13-01
exclusive of any provisions in those documents that relate to
amortization in any fashion; and recommendation #7 adopting the
Amendment by Council Member
fee schedule as proposed.
Diane McNutt
to remove sub-sections #2) income tax preparers
and #4) real estate office uses from Section 29.10.025.
Secondedby Council Member Joe Pirzynski.
VOTE:Motion passed unanimously
.
MOTION: MotionCouncil Member Marcia Jensen
by to adopt a zoning
code amendment in conjunction with the adopted land use
-
conforming Use to include "shall cease 60 days from the
Council Member Marcia
date it becomes non-conforming,"
Jensen amended motion
to "shall cease one year from the date of
adoption of the land use ordinances."
Secondedby Vice Mayor Steven Leonardis.
VOTE:Motion failed 2/3. Mayor Barbara Spector, Council Member
Diane McNutt and Council Member Joe Pirzynskivoted no
.
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Town Council/Parking Authority September 16, 2013
Public Hearing Item #9 continued
MOTION: MotionCouncil Member Marcia Jensen
by to adopt a zoning
code amendment in conjunction with the adopted land use
ordinances w
Non- conforming Useslimit amortization to 4 years.
Secondedby Vice Mayor Steven Leonardis.
VOTE:Motion passed 4/1. Council Member Diane McNutt voted no
.
OTHER BUSINESS
None.
ADJOURNMENT
Meeting adjourned at 10:15 pm
Submitted by: Attest:
_________________________ _____________________________________
/s/ Shelley Neis, Deputy Clerk /s/ Jackie D. Rose, Interim Clerk Administrator
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Town Council/Parking Authority September 16, 2013