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M 11-01-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 1, 1993 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:32 p.m., Monday, November 1, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Cub Scout Troop Pack #556 of Los Gatos, presented the colors and led the assembly in the Pledge of Allegiance to our flag. CLOSED SESSION Larry Anderson, Town Attorney, noted that Closed Session was not held this evening. COMMUNITY SERVICES COMMISSION/APPOINTMENT/JACK NEAL (00.20) Mayor Benjamin announced that one application from Henry (Jack) Neal, had been received for the vacancy on the Community Services Commission. Voting was held and Mr. Neal was appointed to serve an unexpired term ending 1/1/94. TRAIL AND BIKEWAYS COMMITTEE/APPOINTMENTS (000.20) MARILYN CHARELL/SANDY SCHRAMM/PETE SIEMENS Mayor Benjamin announced that nine applications had been received from Bjorn Ahlblad, Elizabeth Bradley, Marilyn Charell, Thomas Gaspich, Jay Newman, Alan Orr, Greg Presedo-Floyd, Sandy Schramm, and Pete Siemens to fill three vacancies on the Trails and Bikeways Committee. Voting was held and Ms Charell, Ms Schramm and Mr. Siemens were appointed to fill term expiring 1/31/94, and two expiring 1/31/97. CASA/RED RIBBON WEEK/ESSAY CONTEST WINNER/KARI MC MORROW/PRESENTATION Mayor Benjamin presented a Commendation from the Town to Kari McMorrow as the winner of the Red Ribbon Week Essay Contest sponsored by CASA. STUDENT PARK COMMISSION/PRESENTATIONS/BRIAN STANNARD/EDWARD WU Mayor Benjamin presented Commendations to Brian Stannard and Edward Wu for their service as commissioners on the Park Commission. FIREARMS RANGE/FOOTHILL-DE ANZA COLLEGE/RESOLUTION 1993-147 (01.09) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH FOOTHILL-DE ANZA DISTRICT COMMUNITY COLLEGE FOR POLICE DEPARTMENT USE OF FIREARMS RANGE. Carried by a vote of TC:D5:MM110193 4 ayes. Mr. Blanton abstained. TC:D5:MM110193 November 1, 1993 Los Gatos, California RADAR TRAILER/KUSTOM SIGNALS, INC/RESOLUTION 1993-148 (02.23) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1993-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH KUSTOM SIGNALS, INC. TO PURCHASE ONE (1) RADAR SPEED MONITORING AND DISPLAY TRAILER PURSUANT TO TOWN CODE 2.50.115. Carried unanimously. SCHEDULE OF PUBLIC HEARINGS (03.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (04.47) Informational report regarding activity of Planning Commission and Department was received and filed. CODE COMPLIANCE/QUARTERLY REPORT (05.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. COUNCIL CALENDAR OF MEETINGS (06.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/OCTOBER 1993 (07.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for payrolls of September 12 through September 25, 1993 and September 26 through October 9, 1993 in the amount of $406,976.89 paid on October 1 and 15, 1993. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1993 (08.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify accompanying check registers for accounts payable invoices in the amount of $771,498.59 paid on October 1, 8, 15, and 22, 1993. Carried unanimously. BUDGET REPORT/4TH QUARTER (09.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the transfers as delineated in the staff report for 1992-93 4th quarter budget report. Carried unanimously. SOLID WASTE MANAGEMENT/BUDGET TRANSFERS/FY 1992-93 (10.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council amend the Community Services Department's Solid Waste Management program for FY 1993-94 operating budget to incorporate FY 1992-93 expenses: Increase account 2210-61004 from $115,800 to $154,200. Carried unanimously. HIGHWAY 17/LEXINGTON OVERPASS/TEA GRANT (11.38) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the staff report and authorize the Mayor to sign letter of support. Carried unanimously. TC:D5:MM110193 November 1, 1993 Los Gatos, California PLANNING COMMISSION/POLICIES AND PROCEDURES (12.47) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept the revised Planning Commission Policies and Procedures. Carried unanimously. LOS GATOS BOULEVARD/GENERAL PLAN AMENDMENT (13.46) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council direct the General Plan Committee to recommend General Plan Amendments to revitalize the Los Gatos Blvd. commercial area upon completion of the Route 85 and Vasona Light Rail General Plan Amendment. Carried unanimously LOS GATOS CREEK TRAIL/COMPLETION NOTICE/8606 PROJECT (14A.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the Town Manager to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 8606, Los Gatos Creek Trail and approve an increase in the budget amount for this project from $300,000 to $353,860 from the Los Gatos Creek Trail budget. Carried unanimously. QUITO ROAD/BRIDGE/9306 PROJECT/COMPLETION NOTICE (14B.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the Manager to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9306 - Quito Road Bridge. Carried unanimously NEIGHBORHOOD CENTER UPGRADE/9317A PROJECT/COMPLETION NOTICE (14C.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the Manager to execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9317A - Neighborhood Center Seismic Upgrade. Carried unanimously FORBES MILL PLAQUE/MOUNTAIN CHARLIE/MUSEUM ASSOC/CHURCH ST 75 (15.44) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve request from the Los Gatos Museum association to erect a bronze plaque at 75 Church Street (Forbes Mill) memorializing Forbes Mill and Mountain Charlie. Carried unanimously MUSEUM ASSOCIATION/ART EXHIBITS/RESOLUTION 1993-149 (16.20) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT TO AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS MUSEUM ASSOCIATION FY 1993-94. Carried unanimously. BUS SHELTER/ADVERTISING/MAINTENANCE PROGRAM/RESOLUTION 1993-150 (19.38) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING SANTA CLARA COUNTY TRANSPORTATION AND MAINTENANCE PROGRAM UTILIZING ADVERTISING PANELS. Carried unanimously TC:D5:MM110193 November 1, 1993 Los Gatos, California WEEDS/PUBLIC NUISANCE/ABATEMENT/RESOLUTION 1993-151 (20.27) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously TOWN MANAGER/PERFORMANCE BONUS/RESOLUTION 1993-152 (21.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING TOWN MANAGER AN EXCEPTIONAL PERFORMANCE BONUS. Carried unanimously CLASSIFICATION PLAN/RESOLUTION 1993-153 (22.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-153 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND CLASSIFICATION PLAN. Carried unanimously TOWN MANAGER/ABSENCE/CHAIN OF RESPONSIBILITY/RESOLUTION 1993-154 (23.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-154 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING A PROCESS AND ORDER OF SUCCESSION DURING THE ABSENCE OR UNAVAILABILITY OF THE TOWN MANAGER. Carried unanimously TAX AUDIT/MUNICIPAL RESOURCE CONSULTANTS/RESOLUTION 1993-155 (24A.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-155 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AMENDMENT NO.1 TO CONTRACT WITH MUNICIPAL RESOURCE CONSULTANTS TO ADD PROPERTY TAX AUDIT SERVICES. Carried unanimously TAX AUDIT SERVICES/REDEVELOPMENT AGENCY/RESOLUTION 1993-156 (24B.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-156 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT BETWEEN TOWN OF LOS GATOS AND THE TOWN OF LOS GATOS REDEVELOPMENT AGENCY TO ACT AS CONTRACTING AND PAYING AGENT FOR PROPERTY TAX AUDIT SERVICES. Carried unanimously 9309 PROJECT/STORM DRAIN BOX CULVERT/PATAKI/RESOLUTION 1993-157 (26.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF A RELEASE AGREEMENT WITH LADISLAV PATAKI AND GIZELA PATAKI. Carried unanimously. ANNEXATION/LOS GATOS BOULEVARD 13/RESOLUTION 1993-158 (27.04) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-158 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LOS GATOS BOULEVARD 13 TO THE TOWN OF LOS GATOS. Carried unanimously TC:D5:MM110193 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 staff's delays and Town layoffs. Mayor Benjamin directed Mr. Small to staff for consideration of his request. TC:D5:MM110193 November 1, 1993 Los Gatos, California VERBAL COMMUNICATIONS CONT. Building Hazard Due to Fire Judy Howell, 16793 Farley Road, requested Council take action on the burned out building on corner of Los Gatos Boulevard and Farley Road. HEARINGS 24 HOUR BUSINESS/CONDITIONAL USE PERMIT/RESOLUTION 1993-164 (33.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introducing ordinance amending the Town Code to require any business that remains open for 24 hours a day or that is open between the hours of 2 a.m. and 6 a.m. to have an approved conditional use permit. Zoning Ordinance Amendment A-93-10. Applicant: Town of Los Gatos. The following people from the audience spoke to this issue: June Miller, 19 Ashler, is in favor of the ordinance and would like consideration of the parking and lighting problem. She submitted a petition from the neighbors. MaryBeth Rotermund, 15 Ashler, does not feel the ordinance is necessary but would like the parking and lighting problems addressed. Paulette Coffman, 39 Ashler, was concerned about parking, traffic, noise and lights. She requested a preferential parking district in the area. Ron Ramsey, 26 Ashler, notes problems with parking. Kurt Walton, 16719 Farley Rd., noted that he was experiencing the same problems due to a business on Los Gatos Blvd. Dan Rogers, Manager of Kinko's, 575 N. Santa Cruz Ave., expressed his wish to respond to his neighbors concerns, and was seeking methods of mitigation at this time. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close this public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council find that the ordinance amendment is consistent with the General Plan. Carried by a vote of 3 ayes. Mrs. Lubeck and Mr. Blanton voted no. The Town Clerk read the title of the draft ordinance. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council waive the reading of the draft ordinance. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CONDITIONAL USE PERMIT TABLE OF THE ZONING REGULATIONS REQUIRING 24 HOUR BUSINESSES TO OBTAIN CONDITIONAL USE PERMITS. Carried by a vote of 4 ayes. Mrs. Lubeck voted no. TC:D5:MM110193 November 1, 1993 Los Gatos, California HEARINGS CONTINUED 24 HOUR BUSINESS CONT. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-164 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING STANDARDS FOR REVIEW OF 24 HOUR BUSINESS OPERATIONS. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the fees for existing businesses in application for conditional use permit for a 24 hour business establishment regulated under the proposed ordinance. Carried unanimously. SAN BENITO 615/EXCEED FAR/GOODWIN/APPEAL/HEARING (34.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to deny a request for permission to exceed the allowable floor area ratio for an existing two-story residence and to add additional floor area to the second floor on property in the R-1:8000 zone, Architecture and Site Application S-93-19. Property owner: Keith and Jan Goodwin. Applicant: Jeanine of the Residential Designer. The following people from the audience spoke to this issue: Keith Goodwin, 615 San Benito, asked Council's consideration regarding the addition to his home. Kathy Fisher, resident of Francher Crt, spoke for herself and other neighbors who are fully in favor of this proposal. Jeannine, of the Residential Designer, spoke regarding her clients plans. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council grant the appeal finding that the Planning commission erred by not giving sufficient weight to the decisions of the Historic Commission, and finding that the design theme, sense of scale, the materials and details are consistent with our residential standards; that the lot coverage, set backs and the FAR are compatible with the surrounding lots as examples 52 Ashler, 96 Fancher, and 629 & 633 San Benito. Carried by a vote of 3 ayes. Mr. Attaway and Mr. O'Laughlin voted no. LAND USE PERMITS/ZONING AMENDMENT/A-93-4/HEARING (35.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adoption of ordinance amending the Town Code providing authorization to the Development Review Committee to be the deciding body for reviewing and determining certain land use permits, Zoning Ordinance Amendment A-93-4. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. TC:D5:MM110193 November 1, 1993 Los Gatos, California HEARINGS CONTINUED LAND USE PERMITS CONT. The Town Clerk read the title of the draft ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the draft ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE TO PROVIDE AUTHORIZATION TO THE DEVELOPMENT REVIEW COMMITTEE TO BE THE DECIDING BODY FOR DETERMINING CERTAIN LAND USE PERMITS. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council review this Ordinance in one year. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that the Planning Commission Chair review, for the first six months of this ordinance, the decisions made by the DRC. Carried by a vote of 4 ayes. Mr. Blanton voted no. DEVELOPMENT REVIEW PROCESS/STREAMLINING (38.47) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council accept report and file. Carried unanimously. Motion by Mrs. Lubeck, that Council refer Item #3, Accessibility Requirements, to Planning Commission to consider reducing the standards. Carried unanimously. BELGATOS PARK/FINANCIAL REPORT (39.26) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council: 1) Accept Friends of Belgatos Park offer of financial support and volunteer assistance; 2) Accept Los Gatos Kiwanis Club's offer of volunteer support; 3) Reduce the budget for Billy Jones Soil Contamination Clean-up in the Parks Construction Fund account number 4475-85005 project number 475PBILL-85005 and increase the budget in the Parks Construction Fund account number 4475-85705 project 475PBELL-85705 by $45,000 for playground equipment at Belgatos Park; 4) Add Belgatos Park to the 1993-98 CIP budget; 5) Authorize transfer of $4,000 from Account No. 6045-51100 to 6030-60549; 6) Direct Park Commission and staff to work with the Friends of Belgatos Park on park issues and improvements. Carried unanimously. ALCOHOLIC BEVERAGE POLICY/DOWNTOWN (40.42) Mayor Benjamin stated that this was the time and place duly noted to consider Planning Commission's recommendation to extend the hours during which alcoholic beverages may be served with meals in restaurants, and entertainment in restaurants. The following people from the audience spoke to this issue: Dan McFadden, 123 University Ave., requested that Council not relax the standards for service of alcoholic beverages. TC:D5:MM110193 November 1, 1993 Los Gatos, California ALCOHOLIC BEVERAGE POLICY CONT. John Spaur, 50 University Ave., representing the Chamber of Commerce, considered the new policy guidelines appropriate. Jay Vlasak, 885 Old Mill Pond Rd., representing the Los Gatos High School, asked that Council not relax the standards for service of alcoholic beverages. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the service of alcoholic beverages only in conjunction with meals at any full service restaurant that does not already have existing bar and/or conditional use permit. Carried unanimously. Mayor benjamin requested that staff return with report on gross receipts as they relate to the percentage of food served with alcohol at an establishment. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve that the policy be expanded to allow all alcoholic beverages so long as they are served in conjunction with meals. Carried by a vote of 3 ayes. Mr. Attaway and Mayor Benjamin voted no. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council permit the service of alcohol starting at 10:00 a.m. on Saturdays and Sundays only. Motion failed. Mr. Attaway, Mr. Blanton and Mayor Benjamin voted no. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to allow the service of alcohol starting at 10:00 a.m. all days. Carried by a vote of 3 ayes. Mr. Blanton and Mayor Benjamin voted no. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council extend the hours for service of alcohol to 12 midnight on Friday and Saturday nights. Mrs. Lubeck withdrew her motion with the understanding that staff would review the possibility of conditional use permits regulating the appropriate behavior of the business requesting alcohol service with meals and its ability to monitor its relationship to the neighborhood, and mitigate concerns voiced by residents and staff. Each business to be considered and reviewed individually on a case by case basis. The ability to revoke the extended hours of operation to reserved by the Town. The extension of hours will not be acted on until staff has supplied Council with sufficient criteria delineating the enforceability of the conditional use permits. Mr. Anderson mentioned that penalty procedures would involve restriction of hours of operation. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council approve the service of alcohol in outdoor seating areas of restaurants as long as there is an adequate separation of the area from adjacent public areas. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council approve the modification of the three foot wall adjacent to streets zoning ordinance to permit aesthetically pleasing means of separation to exceed three feet to control alcoholic beverage consumption outside the restaurant area. Carried unanimously. Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Town's existing policy of not allowing entertainment at restaurants should be maintained. Carried by a vote of 4 ayes. Mr. attaway voted no stating that a single person playing a non-amplified instrument should be allowed. TC:D5:MM110193 November 1, 1993 Los Gatos, California BID/DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT RESOLUTION 1993-111 (41.43) Mayor Benjamin stated that this was the time and place duly noted to consider the Downtown Los Gatos Business Improvement District Annual Report; to adopt resolution of intent to renew this district and levy assessments; to set public hearings. Mark Linder, Assistant Town Manager, delineated options that can be considered at the public hearings: 1)Reestablish the current BID; 2) Contract with Downtown Assoc. for downtown economic development; 3) Repeal the current BID. Kurt Lemons, speaker from the audience, addressed Council concerning this issue. Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council hold public hearings for consideration of the continuance of the BID and the alternate proposals that have been suggested, to be held December 6, 1993 and January 4, 1993. Carried by a vote of 4 ayes. Mr. Attaway voted no. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to accept the Annual report of the Downtown Los Gatos Business Improvement District for the year 1993. Carried unanimously. John Spaur, representing the Chamber of Commerce, requested that the results of the November survey be released as soon as possible rather than wait for the January 4th meeting to distribute the information. Mr. O'Laughlin requested that staff report on the advisability of hiring an economic coordinator to work with the BID. ROUTE 85/LANDSCAPING (42.39) This item was dropped from the agenda. FUNDING/REPAIR/DEMOLITION/REVOLVING ACCOUNT/RESOLUTION 1993-162 (25.06) Mike Gordon, 16766 Farley Road, spoke in favor of this action proceeding. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-162 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO ESTABLISH A REPAIR AND DEMOLITION ACCOUNT, which will be designated a permanent revolving account; to transfer $10.00 from account 3410-60500 to repair and demolition revolving account 100-26015; and authorize the Director of Building and Engineering Services to initiate a contract for the demolition, removal, and cleanup of dangerous buildings identified in this report. Carried unanimously. DEFERRED COMPENSATION PROGRAM/RFP (17.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the attached request for proposals for the Town's deferred compensation plan and direct staff to circulate among qualified vendors. Carried unanimously. TC:D5:MM110193 November 1, 1993 Los Gatos, California NONPROFIT AGENCIES/FUNDING CRITERIA (18.20) Mayor Benjamin asked that this item be returned to Council for discussion under the Office of the Town Manager. MINUTES OF SEPTEMBER 20, 1993 (36A.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of September 20, 1993 as submitted. Carried unanimously. MINUTES OF SEPTEMBER 27, 1993 (36B.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of September 27, 1993 as submitted. Carried unanimously. MINUTES OF OCTOBER 4, 1993 (36C.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of October 4, 1993 as submitted. Carried unanimously. MINUTES OF OCTOBER 11, 1993 (36D.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of October 11, 1993 as submitted. Carried unanimously. MINUTES OF OCTOBER 25, 1993 (36D.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of October 25, 1993 as submitted. Carried unanimously. TREASURER'S REPORT/AUGUST 1993 (37.V) Informational report submitted by the Treasurer to the Council for the month of August 1993, received and filed. COUNCIL MEETING SCHEDULE/1993-94 (43.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the revised Town Council Meeting Schedule for 1993-94 Fiscal Year, adding November 8, 1993 and removing December 20, 1993 due to proximity of the Holidays and difficulty of public attending. Mr. Attaway requested scheduling the Council's Goals Workshop in January. This item will return for discussion November 15, 1993. Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 11:14 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM110193