M01-21-2014
Town Council Meeting 02/3/14
Item #1
MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY MEETING
JANUARY 21, 2014
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
January 21, 2014, at 7:00 P.M.
ROLL CALL
Present: Mayor Steven Leonardis, Vice Mayor Marcia Jensen, Council Member Joe
Pirzynski, Council Member Diane McNutt, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Alexandra Fox, Los Gatos High School, led the Pledge of Allegiance. The audience was
invited to participate.
PRESENTATIONS
Mayor Leonardis presented commendations to outgoing board and commission
members.
- General Plan Committee - Joe Pirzynski
- North 40 Specific Plan Advisory Committee – Bob Beyer, Charles Erekson,
James Foley, Todd Jarvis, Tim Lundell, Marico Sayoc, Barbara Spector, Deborah
Weinstein
- Planning Commission - John Bourgeois
- Transportation and Parking Commission - Melanie Hanssen
Mayor Leonardis presented the first Small Business, Big Applause commendation to
Robertson Publishing & 1-800-ProColor, Inc.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated there was no closed session.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Diane McNutt stated she attended the Cities Association
meeting on behalf of Council Member Joe Pirzynski.
- Council Member Barbara Spector stated she attended the Planned Development
Ad-Hoc Committee meeting along with Vice Mayor Marcia Jensen.
- Vice Mayor Marcia Jensen stated she attended VTA Policy Advisory Committee
presentations on the anticipated toll lanes to address traffic issues.
- Council Member Joe Pirzynski stated he attended the Metropolitan
Transportation Commission December and January meeting and the Valley
Transportation Authority Board of Directors meeting.
- Mayor Steven Leonardis stated he attended the West Valley Sanitation District
Board of Directors meeting.
Manager Matters
- A brief Did You Know will be presented at the February 3 Council meeting on the
single use carry out bag ordinance which goes into effect on February 3.
- Announced that Council Member Barbara Spector has been selected to receive a
YWCA Tribute to Women award.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of December 16, 2013
2. New Building and Fire Codes
a. Adopt an ordinance of the Town of Los Gatos repealing Chapter 6, Building
Regulations, and Chapter 9, Fire Prevention and Protection, adopting and
ORDINANCE 2230
amending new 2013 California Building and Fire Codes
b. Adopt resolution making findings for modifying the California Codes
RESOLUTION 2013-054
3. PPW Project No. 13-28 - Retaining Wall Repair & Replacement Project Approve
plans and specifications for the Retaining Wall Repair & Replacement Project and
authorize staff to advertise the project for bid
4. PPW Job No. 01-12 - Quito Road Bridge Replacement Project 818-0801
a. Authorize the Town Manager to execute a new Cooperative Agreement in
the amount of $299,681 between the Town of Los Gatos, the City of
Saratoga, and Santa Clara Valley District for the replacement of bridges on
Quito Road
b. Authorize an expenditure budget adjustment increasing the budget
appropriation in the Quito Road Bridge Replacement Project 411-818-0801
in the amount of $175, 951. Funding source for the proposed adjustment is
the General Fund Reserve for Future and Special Projects.
5. PPW Project No. 13-30 - Town Park Lighting Project 411-831-4607
a. Authorize the Town Manager to execute a construction contract with Hua
Tong Engineering Group, Inc. in an amount not to exceed $145,211
b. Authorize staff to execute future change orders to the construction contract
as necessary in an amount not to exceed $14,521
c. Authorize expenditure budget adjustment increasing the budget
appropriation in the Town Park Lighting Project 411-831-4607 in the
amount of $10,000. Funding source for the proposed adjustment is the
General Fund Reserve for Future and Special Projects.
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Town Council/Parking Authority January 21, 2014
Consent Items – continued
Council Member Diane McNutt stated she would recuse herself on item #3 due to
owning property close to the project area.
MOTION: MotionVice Mayor Marcia Jensen
by to approve consent items
Seconded Council Member Barbara Spector.
#1-5. by
VOTE: Motion passed unanimously. Council Member Diane McNutt
recused on Item #3
.
VERBAL COMMUNICATIONS
Erica Goss, Town of Los Gatos Poet Laureate
- Announced she has a new monthly show about poetry on KCAT TV beginning
this week called "Word to Word.”
Jeff Loughridge
- Spoke on the Albright initiative
Cecil Anison
- Spoke on the Albright Initiative.
Henry Fee
- Spoke on gun control issues.
PUBLIC HEARINGS
6. Hazardous Vegetation Abatement (Weeds) Order abatement of Hazardous
Vegetation (Weeds)
Matt Morley, Parks and Public Works Director, presented the staff report.
Opened and closed the public hearing at 7:32 p.m.
MOTION: MotionVice Mayor Marcia Jensen
by to approve the weed
abatement program as contained in Resolution 2013-050
Attachment 1 in the staff report.
Seconded Council Member Barbara Spector.
by
VOTE: Motion passed unanimously.
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Town Council/Parking Authority January 21, 2014
Public Hearings – continued
7. Consider a regulatory firearms dealer permit application for an existing firearms
dealer (Templar Sports) pursuant to Chapter 14, Article XIII of the Town Code.
APN 529-10-091. Property Location: 611 University Avenue. Applicant: Robert
RESOLUTION 2014-001
Chang
Sandy Baily, Director of Community Development and Scott Seaman, Chief of Police,
presented the staff report.
Opened the public hearing at 7:46 p.m.
Robert Chang, Applicant
- Spoke on the application.
Lorin Lui
- Spoke in favor of the application.
Alexander Malcolm
- Spoke in favor of the application.
Howie Spinner
- Spoke in favor of the application,
Michael Glow
- Spoke against the application.
Deborah Weinstein
- Spoke against the application.
Jess Guy
- Spoke in favor of the application.
James Reese
- Spoke in favor of the application.
Robert Kugler
- Spoke in favor of the application.
Lisa Mammel
- Spoke against the application.
Sandy Decker
- Spoke against the application.
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Town Council/Parking Authority January 21, 2014
Public Hearing Item #7 – continued
Helga McHugh
- Spoke against the application.
Julie Maia
- Spoke against the application.
Dr. Lois Morrison-Keffer
- Spoke against the application.
Wayne Stobie
- Spoke in favor of the application.
Linda Swenberg
- Spoke in favor of the application.
Douglas Schneider
- Spoke in favor of the application.
Tim DeClos
- Spoke against the application.
Shannon Susick
- Spoke against the application.
Robert Chang, Applicant
- Addressed comments made by community members.
Closed the public hearing at 8:56 p.m.
Council discussed the matter.
MOTION: MotionCouncil Member Diane McNutt
by to adopt a resolution
approving a regulatory firearms dealer permit for Templar Sports
subject to the modifications and additions to the Conditions of
Approval as listed below.
Seconded Council Member Joe Pirzynski.
by
Modified condition #4 - PERMIT RENEWAL: All permits issued
under the provisions of this chapter shall be effective for not more
than one (1) year, and shall be renewable in the same manner
provided for issuance of the initial permit, including the requirement
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Town Council/Parking Authority January 21, 2014
of a public hearing. The permitee shall submit the annual renewal
application for the firearms dealer regulatory permit prior to
November 1, 2014. Any late or incomplete application filed by the
permitee shall constitute a violation of Chapter 14.130 of the Town
Code and subject the permitee to penalties of $1,000.00 per day
until the application has been filed and is deemed complete.
Modified condition #5 - SAFETY: All permitees, its officers,
employees, or agents shall protect firearms, ammunition, and/or
destructive devices in the following manner:
a. All firearms shall be displayed in locked cabinets, secured rack,
or a storage area so that access to firearms is controlled by the
dealer or an employee to the exclusion of all others.
b. The permitee or its officer, employee, or agent shall be present
at all times when a prospective buyer or seller is handling any
firearm, ammunition, and/or destructive device prior to sale and
delivery of the firearm, ammunition, and/or destructive device.
c. In no event shall a firearm be transferred or delivered with
ammunition already loaded except as permitted under state or
federal law.
New condition #10 - CONVICTION: Pursuant to California Labor
Code 432.7 and 432.8, the requirements set forth in Section
14.130.035(e) of the Town Code shall not apply to any conviction
for the possession, sale or transportation of less than 28.5 grams of
marijuana, or possession of certain drug-related paraphernalia,
where the conviction is more than two years old.
New condition #11 - PROHIBITION: The applicant is prohibited
from the manufacture or sales of destructive devices, ammunition
for destructive devices, or armor piercing ammunition pursuant to
Town Code Section 14.130.035.
New condition #12 - WINDOW REPLACEMENT: Any broken
window shall be replaced within 30 days. If determined to be
needed for public safety, a broken window shall be replaced earlier
than the 30 day requirement.
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Town Council/Parking Authority January 21, 2014
New condition #13 - LATE FILING FEE: The applicant shall pay a
penalty fee of $100.00 a day for the late submission of the subject
application for a total of $3,200.00 (based on filing 32 days late).
New condition #14 - INDEMNIFICATION AGREEMENT: The
applicant shall submit a signed written indemnification agreement
as required by Section 14.130.025(c)(10) of the Town Code.
VOTE: Motion passed unanimously.
Direction to staff
- To not issue the compliance letter to the Department of Justice until the late filing
fee and business license tax fee have been paid.
MOTION: MotionCouncil Member Barbara Spector
by to ask staff and the
Firearms Ad-hoc Committee to review the ordinance and to add
provision that the Town is listed as an additional insured on any
firearms dealer insurance policy. Amendment by Vice Mayor
Marcia Jensen to include review of other issues that may need
clarification and/or revision.
Seconded Council Member Marcia Jensen.
by
VOTE:Motion passed unanimously.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
The meeting adjourned at 9:45 p.m.
Attest:
_____________________________________
/s/ Shelley Neis, Interim Clerk Administrator
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Town Council/Parking Authority January 21, 2014