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
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4 ayes. Mr. Blanton abstained.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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