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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. Page 2 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. Page 4 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. Page 5 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. Page 6 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. Page 7 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. Page 8 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. Page 9 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. Page 10 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