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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. 2 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. 3 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. 4 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 5 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. 6 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 7 Town Council/Parking Authority January 21, 2014