Loading...
M 08-07-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY August 7, 1995 Minutes TOWN COUNCIL OPEN SESSION The Town Council of the Town of Los Gatos met in the Town Manager's Office of Town Hall, 110 East Main Street, at 6:30 p.m., Monday, August 7, 1995 in Open Session. Announcements were made to the public that Council would meet in closed session to discuss real property at 95 Church Street, #2103, Los Gatos, and the report from David Knapp and Regina Falkner on negotiations regarding the sale of that property in order to protect the property's status as a Below Market Rate Program Unit. Present were Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor O'Laughlin. Following the announcements the Council adjourned to Closed Session at 6:33 p.m. 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 7:45 p.m., Monday, August 7, 1995, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor Patrick O'Laughlin. Absent:None. CLOSED SESSION Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.8 (Real Estate Negotiations) concerning Town Negotiators: David Knapp and Regina Falkner and the potential purchase of property at 95 Church Street, #2103, Los Gatos, CA. This is a unit within the Town's BMP, Below Market Rate Program. Property is for sale by the current owner. Council instructed staff regarding the potential purchase of that property in order to preserve it as a BMP unit. Pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation item regarding Mohamed Poonja, Trustee v. Town of Los Gatos, Adversary Proceeding 94-5524-ASW (Bankruptcy Action In Re: Los Gatos Lodge, Inc., 92-57143-ASW). Bankruptcy Trustee has sued the Town of Los Gatos attempting to recover back taxes that were paid to the Town out of transient occupancy fees for the Los Gatos Lodge. Settlement with the Trustee was discussed. Pursuant to Government Code Section 54956.9(a) to discuss Pending Litigation item regarding 1Investigation of charge of Discrimination, Pat E. Kramer, EEOC charge number 377950200. Administrative Complaint has been made with the EEOC regarding an application for employment. Council discussed settlement with the EEOC concerning that complaint. Pursuant to Government Code Section 54957 to discuss Personnel issue regarding Consideration of Disability Retirement Application. The concerns a police officer's possible disability retirement. TC:D7:MM080795 August 7, 1995 Los Gatos, California HISTORIC PRESERVATION COMMITTEE/APPOINTMENT (00.20) Mayor O'Laughlin announced that two applications had been received from Leslie Dill and Gregory Howell for one vacancy on the Historic Preservation Committee. Voting was held and Leslie Dill was reappointed to a term expiring August 1, 1999. NEWSRACK COMMITTEE/APPOINTMENT (XX.20) Mayor O'Laughlin announced that one application had been received from Keith Kawashima for one vacancy on the Newsrack Committee. Voting was held and Mr. Kawashima was appointed to serve on this committee. TRANSIT ASSIST PRESENTATIONS/LAUREN MENDE/GERRI LYSNE/JANET BAILEY (000.44) Mayor O'Laughlin presented Commendations from the Town of Los Gatos to Lauren Mende, Gerri Lysne and Janet Bailey for their many years of service to the Town and Community while working with the Transit Assist Program. The recipients were present to receive their commendations and thanked the Mayor for the presentation. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding activity of Planning Commission and Department was received and filed. TREASURER'S REPORT (03.V) Informational report submitted by the Treasurer to the Council as of May 31, 1995, was received and filed. COUNCIL CALENDAR OF MEETINGS (04A.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/JULY 1995 (05.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for the payroll of July 2 through July 15, 1995 paid on July 21, 1995, in the amount of $214,191.34. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JULY 1995 (06.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for accounts payable invoices paid on July 7, 14, 21 and 28, 1995 in the amount of $1,001,093.53. Carried unanimously. MINUTES OF JULY, 1995 (07.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of July 17, 1995 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. ANNUAL REPORT/1994-1995 (08.10) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept the Annual Report for TC:D7:MM080795 August 7, 1995 Los Gatos, California fiscal year 1994-1995 as it appears in this evening's desk item. Carried unanimously. TC:D7:MM080795 August 7, 1995 Los Gatos, California HOUSING ELEMENT EVALUATION (09.47) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council receive and file informational report regarding the Town's Housing Element. Carried unanimously. PLANNING COMMISSION POLICIES AND PROCEDURES REPORT (10.47) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept staff report of Planning Commission Amendment to Section 4.2 of the Planning Commission Policies and Procedures. Carried unanimously. ASSISTANT PLANNER/PLANNING DEPARTMENT/BUDGET INCREASE (11.06) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize increase of Planning Department budget by $42,710.00 to hire an Assistant Planner. Carried unanimously. JUNIOR ENGINEER/STREET IMPROVEMENTS/FUNDING/RESOLUTION 1995-99 (12.06) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE 1995-00 CAPITAL IMPROVEMENT BUDGET AND THE 1995-96 OPERATING BUDGET AND AUTHORIZING FUNDING FOR STREET IMPROVEMENTS AND REINSTATING THE JUNIOR ENGINEER POSITION, including information as presented in this evening's desk item. Carried unanimously. TRANSIT ASSIST PROGRAM DISSOLUTION (14.19) This item was pulled from the agenda. CLAIM REJECTION/WILLIAM LANGER (15A.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of William Langer, Jr. for alleged property damage occurring on June 22, 1995. Carried unanimously. CLAIM REJECTION/MICHAEL BARBIERI (15B.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of Michael Barbieri for alleged property damage occurring on June 22, 1995. Carried unanimously. CLAIM REJECTION/MARTIN HENKEL (15C.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of Martin Henkel for alleged property damage occurring on June 25, 1995. Carried unanimously. CLAIM REJECTION/JOHN LINGER (15D.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of John Linger for alleged property damage occurring on July 5, 1995. Carried unanimously. CLAIM REJECTION/RANDALL BISHOP (15E.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of Randall Bishop for alleged property damage occurring on June 22, 1995. Carried unanimously. CLAIM REJECTION/DAVID SHRADER (15F.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of David Shrader for alleged personal injuries occurring on September 29, 1994. Carried unanimously. TC:D7:MM080795 August 7, 1995 Los Gatos, California CLAIM REJECTION/T. MC GUIRE (15G.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject claim of T. McGuire for alleged property damage occurring on June 27, 1995. Carried unanimously. LOS GATOS BOULEVARD WIDENING/BUDGET TRANSFERS/RESOLUTION 1995-100 (16.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF MADONNA CONSTRUCTION COMPANY PROJECT 9307-LOS GATOS BOULEVARD STREET WIDENING-AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK, and increase the contract by $22,708 for street widening and $16,565 to cover project cost increases. Carried unanimously. PLANNING COMMISSION/ALLEN RUDOLPH RESIGNATION (17.20) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept with reluctance the resignation of Allen Rudolph from the Planning Commission and authorize Town Clerk to advertise the vacancy. Carried unanimously. DISABILITY RETIREMENT/EUGENE STROM/RESOLUTION 1995-101 (18.01) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DETERMINING THE DISABILITY RETIREMENT OF EUGENE LAWRENCE STROM. Carried unanimously. BRIDGE RADIO COMMUNICATION/10 MOBILE RADIOS/RESOLUTION 1995-102 (19.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH BRIDGE RADIO COMMUNICATIONS TO PURCHASE AND INSTALL TEN (10) POLICE MOBILE RADIOS AND OTHER SAFETY EQUIPMENT PURSUANT TO CODE 2.50.115. Carried unanimously. MIDPENINSULA OPEN SPACE/ENGINEERING SERVICES/RESOLUTION 1995-103 (20.27) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MANAGER TO ENTER INTO AN AGREEMENT PROVIDING CONSTRUCTION ADMINISTRATION SERVICES FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. Carried unanimously. GEOGRAPHIC INFORMATION SYS./CONSULTANT SERVICES/RESOLUTION 1995-104 (21.28) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HAMMON, JENSEN, WALLEN & ASSOCIATES FOR CONSULTANT SERVICES FOR GEOGRAPHICAL INFORMATION SYSTEMS IMPLEMENTATION, including information as it appears in this evening's desk item. Carried unanimously. TC:D7:MM080795 August 7, 1995 Los Gatos, California DEVELOPMENT APPLICATIONS/INTERIM POLICIES/LOS GATOS BOULEVARD SPENCER AVE TO ROUTE 85/RESOLUTION 1995-105 (22.47) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE INTERIM POLICIES FOR DEVELOPMENT APPLICATION ALONG LOS GATOS BOULEVARD FROM SPENCER AVENUE TO ROUTE 85. Carried unanimously. ENVIRONMENTAL INITIAL STUDIES/CONSULTANT SERVICES/RESO 1995-106 (23.47) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried unanimously. 9423 PROJECT/TREE PRUNING/DAVEY TREE/RESOLUTION 1995-107 (24.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-107 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DAVEY TREE EXPERT COMPANY ON PROJECT 9423 - TREE PRUNING - AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. VERBAL COMMUNICATIONS (XX.47/49) Development of Black Road: Jo Bartlett, 166 Oak Hill Way, spoke of proposed development in the hills off Lexington. She specifically noted property being developed by Pete Denevi for an area golf course, and spoke of environmental issues. This item has been referred from the County and is on this evening's agenda as Item 4 which will be discussed later in the meeting. FOURTH OF JULY/CELEBRATION COMMITTEE (32.23) Don Callahan, 209 Highland Terrace, spoke of a community family event to be held at Oak Meadow Park celebrating the 4th of July. He volunteered the Los Gatos Community Foundation to coordinate the event. Council consensus that the Community Foundation take 60 days to prepare a report for Council; include the parameters of such an event; establish the amount of community and business support; include other interested community groups; work in conjunction with the wind symphony event at the high school; that Mr. Blanton represent Council on the committee to formulate plans; that the Council include this item on its Agenda of October 2, 1995. HEARINGS LOS GATOS BOULEVARD 227/SIDE YARD SETBACK/APPEAL (25.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to deny an appeal of a decision of the Planning Director denying a request for reduction of side yard setback from five to three feet in order to construct an accessory garage structure on property in the R-1D Zone. Minor Residential Development Application X-95-9. Property located at: 227 Los Gatos Boulevard. Property owners: Kiturah TC:D7:MM080795 August 7, 1995 Los Gatos, California Humphrey and Henry Farhi. TC:D7:MM080795 August 7, 1995 Los Gatos, California HEARINGS CONTINUED LOS GATOS BOULEVARD 227 CONT. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. The following people from the audience spoke to this issue: Kiturah Humphrey, 227 Los Gatos Blvd., requested repositioning of an existing structure, noting child safety and health reasons. Don Stroub, 231 Los Gatos Blvd., would like the present structure removed due to fire hazard. Laurie Vortley, 19897 Park Drive, Saratoga, representing Cornish & Carey, spoke of a more attractive structure in an alternate location. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that the public hearing be closed. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council uphold the Planning Commission decision and approve Conditional Use Permit Application U-95-5. Carried unanimously. WEED ABATEMENT/ASSESSMENTS/RESOLUTION 1995-108/HEARING (26.27) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of weeds within Los Gatos. Adopt resolution approving report describing parcels of real property, and showing amount of weed abatement charges to be collected on the tax roll of the Town of Los Gatos. The following person from the audience spoke regarding this subject: Jo Bartlett, 166 Oak Hill Way, spoke regarding property at 140 Central as a possible fire hazard due to weeds and brush. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-108 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1995-96. Carried unanimously. BRUSH ABATEMENT/ASSESSMENTS/RESOLUTION 1995-109/HEARING (27.27) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of brush within Los Gatos. Adopt resolution approving report describing parcels of real property, and showing amount of brush abatement charges to be collected on the tax roll of the Town of Los Gatos. TC:D7:MM080795 August 7, 1995 Los Gatos, California HEARINGS CONTINUED BRUSH ABATEMENT CONT. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1995-109 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF BRUSH ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA, FOR THE FISCAL YEAR 1995-96. Carried unanimously. BACHMAN 208/C.B. HANNEGAN'S/RESTAURANT MODIFICATION/APPEAL (28.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to deny a request for a modification to an existing conditional use permit to allow an outdoor freestanding fireplace and a revised plan for a retractable awning on property in the C-2-LHP zone. Conditional Use Permit Application U-95-6. Property located at 208 Bachman Avenue. Property owner: Bert Millen. Applicant: Hannegan's Restaurant. Appellants: Chris Benson and John Hannegan. Comments from staff: Mr. Bowman, Planning Director, noted that the application was for the awning, fireplace and seating. The outdoor seating has a suggested limit set by the fire code. The bar is not before Council tonight and is not part of the request in the application at this time. Another application needs to be made for the bar with a conditional use permit. The following people from the audience spoke to this issue: Randall Reedy, 19 North Santa Cruz Ave., representing Hannigan's, alluded to addressing only the awning and fireplace this evening. Mayor O'Laughlin asked if Mr. Reedy's clients would be willing to return to DRC to review the separate issues of the bar and the seating. Mr. Reedy agreed to return to DRC with those two issues. Leslie Dill, 220 Wilder Ave., spoke regarding the additional noise generated in the residential area with these new accommodations for outdoor dining on Thursday, Friday and Saturday nights. She requested the noise issue be included with the discussion of the outdoor seating. She noted that Janet Wolf, a neighbor of Hannigan's, had asked that noise be addressed in the conditional use permit. John Hannigan, 440 San Benito Ave., owner of Hannigan's, agreed to work with the noise problem, trying baffles or sound mufflers on walls as mitigating measures, and agreed to look at other alternatives so as to remain good neighbors with the adjoining residential district. Joyce Borensen, resident at Tait and Bachman, complained of the weekend noise beginning on Thursdays. She mentioned the preferential parking in her neighborhood and the fact that she and others resent having to pay for that because of Hannigan's. She noted that Hannigan's patrons pass noisily through the restricted parking zone at 2 in the morning to reach their vehicles in the non restricted areas. TC:D7:MM080795 August 7, 1995 Los Gatos, California HEARINGS CONTINUED BACHMAN/C.B.HANNEGAN'S/CONT. Speakers continued: Alfie Gilbert, 243 Bachman, between Wilder and Tait, has not noticed the noise from the restaurant. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to return this appeal to the Design Review Committee concerning the Awning and the Fireplace. The normal Town code enforcement policies will remain in effect concerning the other issues of bar, seating, and noise. If the applicants care to submit an application concerning the other issues at a later date, they have that opportunity. Through staff the appeal will proceed for design review and return with status report to Council and for final approval if needed. Carried unanimously. CAMINO DEL CERRO 16035/RESIDENTIAL EASEMENTS/APPEAL (29.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to deny a request for modification to a condition of approval of a Certificate of Compliance granted for property in the HR-1 zone. The request is to remove the requirement that access to the lot be directly from the street frontage and not across other land. Property located at 16035 Camino Del Cerro. Property Owners: Wilfred W. Carstens/Margaret F. Carstens. Appellant: Preston W. Hill, Attorney for Wilfred and Margaret Carstens. The following people from the audience spoke to this issue: Staurt Mayne, Sanoma, California, the project architect, explained the technicalities of driveway construction for the site. Mark Kirkeby, 10950 N. Blaney Ave, Cupertino, Civil Engineer who did the topographic survey spoke of the difficulty in front access and the practicality of using the easement over the neighbor's property. Gorden Levin, 1655 Camino Del Cerro, spoke against this proposal and the development of a substandard lot. Preston Hill, Attorney for Carstens' project, asked for further consideration regarding access to this property. No one else from the audience addressed this issue. Motion by Mr Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr Attaway, seconded by Mr. Blanton, that Council return this application to Planning Commission with new information concerning driveways for evaluation. Planning Commission needs to address the pros and cons and environmental impact of the driveway location on the property. Staff to address the reasons Council policy does not favor access over easements and prefers ownership of the property driveways are on. Staff to investigate the access possibilities to this property which carry the least environmental impacts. The access issue to be evaluated without detailed architecture and site. Carried unanimously. TC:D7:MM080795 August 7, 1995 Los Gatos, California HEARINGS CONTINUED HAZARDOUS WASTE FACILITIES/ORDINANCE/HEARING (30.07) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an amendment to the Town Code to require consistency between Town land use decisions and the Santa Clara County Hazardous Waste Management Plan (Zoning Ordinance amendment A-95-1). This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act. Applicant: Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council consensus to return this item to Council September 5, 1995, with alternatives delineated in staff report. LAW ENFORCEMENT SERVICES/CONTRACT/CITY OF MONTE SERENO COMMUNITY OFFICER INTERNS/RESOLUTION 1995-110 (31.09) Mayor O'Laughlin stated that this was the time and place duly noted to consider adopting resolution authorizing the Town Manager to execute Law Enforcement Services Contract with the City of Monte Sereno and approve hiring four (4) part-time Community Officer Interns. The following people from the audience spoke to this issue: Bill Bilkiewicz, 170 Lester Lane, requested a complete breakdown on the costs associated with implementation of this agreement with Monte Sereno. He did not agree with the proposed agreement. Jim Huber, 14510 Blossom Hill Road, spoke against the agreement, and the cost to the Town. Egon Jensen, 182 Lester Lane, spoke against the proposal and the significant loss to the Town that he perceives this contract will cause. No one else from the audience addressed this issue. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LAW ENFORCEMENT SERVICES CONTRACT WITH THE CITY OF MONTE SERENO AND APPROVE HIRING FOUR (4) PART-TIME COMMUNITY SERVICE OFFICER INTERNS. Carried by a vote of 4 ayes. Mr. Blanton voted no due to fiscal concerns. Council Comments: Mayor O'Laughlin spoke of economies of scale involving Los Gatos and Monte Sereno; the fact that the residents of both communities use the same schools; they participate in the same youth sports programs; they have shared interests in the recreation department activities; they have a communal downtown; and Los Gatos has historically shared the parks with its neighbor Monte Sereno. The partnership involving police services is natural and economically feasible TC:D7:MM080795 August 7, 1995 Los Gatos, California LAW ENFORCEMENT SERVICES CONT. Council Comments continued: Linda Lubeck spoke of economies of scale viewing the matter from a cost accounting perspective. Joanne Benjamin noted the police departments fixed costs and being able to spread these costs over more people who are contributing additional resources. Steve Blanton felt that the contract did not generate sufficient funds to cover its anticipated costs. TRANSIENT OCCUPANCY TAXES/PUBLIC TRUST/ORDINANCE INTRO (33.05) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE III, CHAPTER 25 OF THE TOWN CODE TO EXPLICITLY ESTABLISH A PUBLIC TRUST ON TRANSIENT OCCUPANCY TAXES COLLECTED BY HOTEL AND MOTEL OPERATORS. Carried unanimously. Mrs. Lubeck requested that further amendments be made and brought before Council that state that these funds are trust funds and those having responsibility for the trust funds also have liability for the payment on an individual basis and can't hide behind corporate or partnership shields. UNIVERSITY AVE 50/OLD TOWN/LOT 6/EIR/KREINES & KREINES ENVIRONMENTAL IMPACT REPORT (34.09) The following people addressed Council on this matter. Mr. Ted Kreines, of Kreines & Kreines, 58 Paseo Mirasol, Tiburon, explained the purpose of the scoping meeting in preparation for an environmental impact report on the proposed construction at 50 University Ave. and Parking Lot 6. This meeting was held so as to have input from the community at a very early formulative stage of the proposal and to answer questions at the very beginning of the conceptualizations. The cost of additional work was noted. Ed Storm, 104 Park Center Plaza, San Jose, spoke of the quickly escalating costs and would like to discuss alternatives to drilling in Parking Lot 6, and requested the issue be continued to work out financing issues. Council consensus to continue this item to Monday, August 14, 1995, at 6:00 p.m. The consultant will have the cost estimates for 3-D type visualizations. LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCE/COUNCIL DELEGATE (35.10) Council consensus that Mayor O'Laughlin and Mrs. Benjamin be appointed voting delegate and alternate for the League of California Cities Annual Conference. PARKING COMMISSION/STUDY SESSION (36.20) Council consensus to approve Town Council Meeting Schedule for 1995-96 fiscal year scheduling study session with Parking Commission. TC:D7:MM080795 August 7, 1995 Los Gatos, California COUNCIL COMMITTEES/REPORTS (37.10) Mayor O'Laughlin reported on the Brazilian Festival Week, August 6 through August 13, 1995. Premier Brazilian film will be played at the Los Gatos Cinema Saturday evening at 7 o'clock, called the Rio's Love Song. The final Music in the Plaza, from 5 to 7 p.m., on August 13th, will feature Brazilian music. COUNTY REFERRALS (04.47) Council Consensus that Council accept the recommended action concerning County Referrals: Referral #5814; South Side of Bear Creek Road; Applicant, Denevi; Draft EIR Review; No recommendation at this time. Mrs. Lubeck requested that if there is an executive summary to the DEIR it go to the Council for review, and she would like more information on the project before making up her mind on what she now views as a managed open space project. OPERATING BUDGET/SMYTHE EUROPEAN GRANT/ALLOCATION (13.06) Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council accept a $5,000 grant from Smythe European for human service projects (8040-48730) and increase the budget from $3,600 to $8,600 and allocate the $5,000 grant to applicants on a $500 per grant recipient basis. Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council, at 11:00 p.m., adjourn this evening's meeting to August 14, 1995, at 6:00 p.m., to be held in the Council Chambers. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D7:MM080795