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1DRAFT Town Council Meeting 10/07113 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. COUNCILITOWN 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 Specific Plan RESOLUTION 2013 -037 3. Below Market Price Affordable Housing Program Authorize the Town Manager to execute an amendment to the agreement with Neighborhood Housing Services Silicon Valley for administration of the Town's Below Market Price Affordable 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 16428 Englewood Avenue. APN 532 -05 -019. File #AN13 -002 RESOLUTION 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 Transportation RESOLUTION 2013 -039 MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1 -8. Seconded by Vice Mayor Steven Leonardis. VOTE: Motion passed unanimously. 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 and encouraged the Town's participation. 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. 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. 4 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: Motion by Council Member Marcia Jensen 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 fee schedule as proposed. Amendment by Council Member Diane McNutt to remove sub - sections #2) income tax preparers and #4) real estate office uses from Section 29.10.025. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Marcia Jensen to adopt a zoning code amendment in conjunction with the adopted land use ordinanceswhich would amend Sec 29.10.195 'Termination of Non- conforming Use Status" to include "shall cease 60 days from the date it becomes non - conforming," Council Member Marcia Jensen amended motion to "shall cease one year from the date of adoption of the land use ordinances." Seconded by Vice Mayor Steven Leonardis. VOTE: Motion failed 213. Mayor Barbara Spector, Council Member Diane McNutt and Council Member Joe Pirzynski voted no. 5 Town Council /Parking Authority September 16, 2013 Public Hearing Item #9 — continued MOTION: Motion by Council Member Marcia Jensen to adopt a zoning code amendment in conjunction with the adopted land use ordinances which would amend Sec 29.10.195 'Termination of Non- conforming Uses" to limit amortization to 4 years. Seconded by Vice Mayor Steven Leonardis. VOTE: Motion passed 4/1. Council Member Diane McNutt voted no. OTHER BUSINESS ADJOURNMENT Meeting adjourned at 10:15 pm Submitted by: /s/ Shelley Neis, Deputy Clerk Attest: /s/ Jackie D. Rose, Interim Clerk Administrator 6 Town Council /Parking Authority September 16, 2013