Item 30 Staff Report Adopt Resolution Authorizing the Town Manager to Join the League of California Cities Coalition Against the California Beverage Retailer Coalition to Combat Local Alcoholic Beverage Regulationsya
COUNCIL AGENDA
DATE: 11 /01 /93
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: OCTOBER 21, 1993
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER (
SUBJECT:
0
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO JOIN THE LEAGUE
OF CALIFORNIA CITIES COALITION AGAINST THE CALIFORNIA BEVERAGE RETAILER
COALITION TO COMBAT LOCAL ALCOHOLIC BEVERAGE REGULATIONS
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to join the League of California Cities Coalition against the
California Beverage Retailer Coalition to Combat Local Alcoholic Beverage Regulations.
BACKGROUND:
The "California Beverage Retailer Coalition to Combat Local Alcoholic Beverage Regulations" is an
organization formed by the liquor industry to support its efforts to overturn and prohibit local conditional use
permit ordinances. These ordinances allow cities to put certain conditions, such as the placement of
required lighting or the utilization of security guards, on liquor outlets that have a history of crime or criminal
activity. The Town of Los Gatos has effectively utilized conditional use permits to regulate businesses
throughout the Town.
Discussion:
The requirements enumerated in the conditional use permits have served to prevent an excess of calls for
police service at certain establishments. In addition, conditional use permits address concerns expressed
by residents and neighboring businesses when establishments that serve liquor are opened. Without the
safeguards afforded by conditional use permits, establishments that sell or serve alcoholic beverages could
not be denied licenses, regardless of these concerns.
The liquor industry, citing an "anti -business" stance of local governments, is seeking the enactment of
legislation that will bar municipalities from enacting and enforcing conditional use permit ordinances. If this
legislation is passed, the Town will be forced to rely upon the Department of Alcoholic Beverage Control,
a State agency, to bring action against irresponsible owners of some liquor stores.
PREPARED BY: LARRY J. TODD
CHIEF OF POLICE
LJT:JM:sf
10/22/93 9:12 am
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Attachments: Resolution
Distribution: General Distribution
Reviewed by: Attorney Clerk Finance Treasurer
v
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO JOIN THE LEAGUE OF
CALIFORNIA CITIES COALITION AGAINST THE CALIFORNIA BEVERAGE RETAILER
COALITION TO COMBAT LOCAL ALCOHOLIC BEVERAGE REGULATIONS
October 21, 1993
The League of California Cities is forming a coalition of cities to combat the liquor lobby's efforts to eliminate
local control of liquor stores. It is recommended that the Town join this coalition in an effort to preserve its
right to regulate business in town. The attached resolution authorizes the Town Manager, on behalf of the
Town, to join the coalition formed by the League of California Cities.
FISCAL IMPACT:
There is no fiscal impact.
RESOLUTION NO. 1993 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO JOIN THE LEAGUE OF CALIFORNIA CITIES
COALITION AGAINST THE CALIFORNIA BEVERAGE RETAILER COALITION
TO COMBAT LOCAL ALCOHOLIC BEVERAGE REGULATIONS
WHEREAS, conditional use permit ordinances allow local governments to regulate businesses that
sell or serve alcoholic beverages; and
WHEREAS, the Town has utilized its conditional use permit ordinance to prevent an excess of calls
for police service and to address the concerns of residents and neighboring businesses when
establishments that serve alcoholic beverages are opened; and
WHEREAS, the liquor industry has formed the California Beverage Retailer Coalition to Combat
Local Alcoholic Beverage Regulations to support its efforts to overturn and prohibit local conditional use
permit ordinances; and
WHEREAS, the League of California Cities has formed a coalition of cities against the California
Beverage Retailer Coalition to Combat Local Alcoholic Beverage Regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos that
the Town Manager is authorized to join the League of California Cities Coalition Against The California
Beverage Retailer Coalition to Combat Local Alcoholic Beverage Regulations.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the day of , 1993, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
AB SENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA At. t n c hme n t 1_
RESOLUTION 1993-161
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO JOIN THE LEAGUE OF CALIFORNIA CITIES
COALITION AGAINST THE CALIFORNIA BEVERAGE RETAILER COALITION
TO COMBAT LOCAL ALCOHOLIC BEVERAGE REGULATIONS
WHEREAS, conditional use permit ordinances allow local governments to regulate
businesses that sell or serve alcoholic beverages; and
WHEREAS, the Town has utilized its conditional use permit ordinance to prevent
an excess of calls for police service and to address the concerns of residents and
neighboring businesses when establishments that serve alcoholic beverages are opened; and
WHEREAS, the liquor industry has formed the California Beverage Retailer
Coalition to Combat Local Alcoholic Beverage Regulations to support its efforts to overturn
and prohibit local conditional use permit ordinances; and
WHEREAS, the League of California Cities has formed a coalition of cities against
the California Beverage Retailer Coalition to Combat Local Alcoholic Beverage
Regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos that the Town Manager is authorized to join the League of California Cities
Coalition Against The California Beverage Retailer Coalition to Combat Local Alcoholic
Beverage Regulations.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 1st day of November, 1993, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Joanne Benjamin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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FFICE UUF THE Ti)`, LLERK
ORDL`A\CES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
RESOLUTION
)q 3- Rat
COUNCIL ACTION:
AYES: OLL
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) Joanne Benjamin
IOESA.N U
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
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LOS GATOS BID UPDATE
The future existence of the Business Improvement District program
is going to be considered by the Town Council, in the form of a
proposed resolution, January 4, 1993.
The NO -BID Committee has been asked, by the Council, to
out details with the BID Board and the Town Staff for
that will be more fair and equitable to everyone.
Since the November 16, 1992 Public Hearing the NO -BID
has attended several meetings.
help work
a program
Committee
We asked the BID Board and the Town Staff to send out a question-
naire prior to renewing any program. The main question to ask,
we believe, is: Do you want to be part of the BID? Yes! or No!
The BID Board and the Town Staff did not want to use a yes or no
question at this time.
We then suggested using the question: Do you think a Business
Assessment Area is a good idea, and what do you think? This
questionnaire is being sent to the businesses within the newly
proposed district as well as you and your neighboring businesses
south of Main Street on South Santa Cruz Avenue.
It has been proposed for 1993 that the businesses south of Main
Street on South Santa Cruz Avenue may be classified as "Zone B".
What this means is the assessment you pay will be less than what
you paid in 1992.
However, if you do not want to be involved in the BID or if you
do want to be involved the BID, now is the time to say so. If
you are not in the BID your Business License fee will increase.
It is important for you to consider the difference and whether
you think there is a benefit for you or not.
In the event the majority of the business owners south of Main
Street on South Santa Cruz Avenue do not want to be involved in
the BID and the Town removes them from the district, a business
can still voluntarily elect to join the BID and pay the BID
assessment fee and not have their Business License fee increased.
I want to be in the BID.
I do not want to be in the BID.
Business Name: (optional)
Business Address:
Owner's Signature: (optional)
This information must be received before January 4, 1993.
November 1, 1993
Los Gatos, California
PREFERENTIAL PARKING/NICHOLSON AVE REMOVAL/RESOLUTION 1993-159 (28.42)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-159
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992-
128 REMOVING A PORTION OF THE 200 BLOCK OF NICHOLSON AVENUE FROM THE
PREFERENTIAL PARKING DISTRICT. Carried unanimously
LOS GATOS/CREEK TRAIL/GRANT FUNDS APPLICATION/RESOLUTION 1993-160 (29.26)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-160
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO APPLY FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND
MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS
CODE FOR THE LOS GATOS CREEK TRAIL. Carried unanimously
ALCOHOLIC BEVERAGE REGS/CAL BEVERAGE COALITION/RESOLUTION 1993-161 (30.42)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-161
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO JOIN THE LEAGUE OF CALIFORNIA CITIES COALITION AGAINST THE
CALIFORNIA BEVERAGE RETAILER COALITION TO COMBAT LOCAL ALCOHOLIC
BEVERAGE REGULATIONS. Carried unanimously
ANNEXATION/SECONDARY DWELLING/ORDINANCE 1959 (31.04)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1959 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.310 OF THE
TOWN CODE REGULATING SECONDARY DWELLING UNITS ANNEXED INTO TOWN,
which was introduced at the Town Council meeting of October 4, 1993. Carried unanimously.
UNDERGROUND UTILITY DIST'S/ESTABLISHED BY RESOLUTION/ORDINANCE 1960 (32.24)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1960 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CODE OF THE TOWN OF LOS
GATOS SECTIONS 27.40.010 THROUGH 27.40.055 TO ESTABLISH UNDERGROUND
UTILITY DISTRICTS BY RESOLUTION, which was introduced at the Town Council meeting
of October 4, 1993. Carried unanimously
VERBAL COMMUNICATIONS
Hillside Fire Hazard
Jo Bartlett, 166 Oak Hill Way, expressed her concerns with the fire hazards in the hillsides and
particularly the problem with water supply and water pressure. Her comment was that the
residential density has increased in the hillsides but sufficient water supply has not kept up with
the building growth.
Building Permit Refund
Gary Small, 1134 Pedrick Court, San Jose, owner of property at 16000 Cerro Vista Dr.,
requested a refund of building permit fee increases due to staffs delays and Town layoffs.
Mayor Benjamin directed Mr. Small to staff for consideration of his request.
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