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M 09-15-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 15, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:40 p.m. ROLL CALL PRESENT:Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura and Mayor Terrence J.Daily. ABSENT:Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported that a Closed Session was held prior to tonight's meeting whereby discussion was held pursuant to Government Code section 54956.9(a) Abe v. Town, no report from discussion. Boehringer v. Town also involving the case of McCarty v. Bowen. There is no report from that discussion. Biscovich v. Town, no report from discussion. Pursuant to Government Code Section 54956.9(c) Institution of Litigation on Zoning Violations. No report at this time. EX-AGENDA Mrs. Benjamin added, as item 29, Leroy Avenue traffic problems. BID AWARD EQUIPMENT TRAILER BRAKE SYSTEM MODIFICATION Two bids were received for the Equipment Trailer Brake System Modification, Western Tractor Company in the mount of $6,128.51 and Ricker Machinery $6,387.90. Mr. Ferrito moved to award the bid for the Trailer modifications to Western Tractor Company in the amount of $6,128.51. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. BID AWARD ROTARY TURF MOWER Three bids were received for the Rotary Turf Mower. Mrs. Benjamin moved to accept staff recommendation and award, to the low bidder, the bid for one Lore Groundmaster 72" Diesel Power Mower to West star Distributing Co. without trade in the amount of $11,095.30. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. LOS GATOS BLVD. CORRIDOR STUDY Mrs. Benjamin moved to continue this matter to allow staff an opportunity to further review the concerns of the parents and school officials from Van Meter and Fisher schools. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COMMUNICATIONS (referral/file) a.Letter from Carmen Griffis regarding request for amendment to ordinance requesting number of pigeons permissible in a residential zone. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. b.Letter from the Crippled Children Society requesting the temporary use of property located on Lark Avenue and Winchester Boulevard for intended sale of Christmas Trees. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. c.Letter from Charles and Susan Nissen regarding drainage problem on Cardinal Lane. Mrs. Benjamin moved to refer this to the Town Manager for report. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. d.Letter from Dr. & Mrs. Doug Shen, and Dr. & Mrs. Duane Fish regarding the blockage of emergency access road. Mr. Ferrito requested to authorize the Manager and staff to take whatever action would be appropriate under the circumstances and report back to Council. Mrs. Benjamin moved to authorize the Town Manager and staff to take appropriate action and report back to Council. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COUNTY REFERRALS 2175-30-48-84B-84DR-86B-96G Aztec Ridge Dr. Hogan/ Modir Grading Permit Recommend continuance to provide the applicant's architect and engineer an opportunity to reduce the grading volume and submit revised plans for review by the Town. 2913-30-49-86B-86G-86DR-86LA Wilson Development Residential bldg. Site, Grading, Design Review & Lot Line Adjustment. Recommend continuance to provide the applicant's architect and engineer an opportunity to reduce the grading volume and satisfy concerns identified by area residents. Revised plans will be submitted for Town review. Mr.Ventura added the condition of approval that illegal grading damage be restored if it has not yet been taken care of. Mrs. Benjamin moved to accept staff recommendations and continue this item. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. SAN JOSE REFERRALS Mrs. Benjamin moved to accept staff recommendations as follows: Los Gatos- Almaden Road approx. 250' Wly of Taft Dr. (Robert Kyle - 0.17 ac.) Medium Density Residential (8DU/AC) Office. The Town Policy requires that residential uses have priority over all other uses. Any office use would generate traffic and compound congestion at major intersections. The site should be retained for future residential use. The General Plan designation of Medium Density Residential should be retained. Request denial. NW/c Camden Ave. & Union Ave. (Cambrian Corporate Center 45+ ac.) Public/Quasi-Public Research & Development/ Administrative Office; Public Park & Open Space. The City of San Jose should maintain the current designation until Route 85 is completed and based upon the transportation modes provided, the City of San Jose should propose a designation that reflects the needs of the community. Request denial. W/s Union Ave. 700' Nly of Branham Ln. (CB & CB Development Corporation 1 - 42+ ac.) Industrial Park Industrial Park with Mixed Use Overlay. This site and the Camden High School site comprise 87+ acres which is proposed to be developed with industrial and other job producing businesses. This property should be downzoned until such time as Route 85 has been completed and no development should occur and until traffic impacts are mitigated. Residential development should have priority over all other uses. Request denial and amend the General Plan designation to permit less intensive use until Route 85 has been completed. Ely of guadalupe Mines Road, 3000' Sly of Camden Ave. (Guadalupe Landfill site) (staff) Non-Urban Hillside. Add Candidate Solid waste Disposal Site Overlay Designation. The landfill site is not large enough to provide capacity for future demand. This expands the size of the landfill site to accommodate future needs. An environmental analysis should be prepared to develop measures that would mitigate any potential environmental impacts. All surrounding property owners should be provided notice of the proposed expansion to solicit comments and concerns so that impacts on local residents will be minimized. Request approval. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. SCHEDULE OF PUBLIC HEARINGS Council informational report. COMMENDING CATHERINE LITTLE Mrs. Benjamin moved for the adoption of Resolution No. 1986-153 entitled, A RESOLUTION COMMENDING CATHERINE LITTLE. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. NOTICE OF COMPLETION HARWOOD ROAD (OSTER) Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Harwood Road (Oster). Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. NOTICE OF COMPLETION PROJECT 328 Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Project 328 - Computer Room Relocation. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RESCINDING NO PARKING SUNDAYS ON N. SANTA CRUZ AVENUE Mrs. Benjamin moved for the adoption, as amended, of resolution No. 1986-154 entitled, RESOLUTION TO RESCIND SUNDAY PARKING RESTRICTION. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. This resolution rescinds the parking along both sides of N. Santa Cruz Avenue between the hours of 2:00 p.m. and 9:00 p.m. on Sundays, effective October 1, 1986. PARKING PROHIBITION CAPRI DRIVE & W. PARR AVENUE Discussion was held regarding removal of parking spaces on Capri Drive. The need for parking out weighs the potential for either safety or inconvenience. Mr. Ventura moved to modify the resolution to delete the parking ban on Capri Drive. Mayor Daily seconded. Motion fails by a vote of two ayes and two noes. Mrs. Benjamin and Mr. Ferrito voted no. Mrs. Benjamin feels the house needs parking (it is just like the Almond Grove area) and there is a safety problem. Mrs. Benjamin moved for adoption of Resolution entitled, PARKING PROHIBITION - CAPRI DRIVE AND WEST PARR AVENUE. Mr. Ventura seconded. Failed by a vote of two ayes and two noes. Mr. Ventura and Mayor Daily voted no. Mr. Carlson was absent. This has been continued to the October 6, 1986 Council meeting for a vote by the full Council. AGREEMENT PERSONAL PERFORMANCE CONSULTANTS FOR EMPLOYEE ASSISTANCE SERVICES Mrs. Benjamin moved for adoption of Resolution No. 1986-155 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH PERSONAL PERFORMANCE CONSULTANTS FOR EMPLOYEE ASSISTANCE SERVICES. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. COMMUNITY SERVICES GROUPS - See page 417 MINUTES - SEPTEMBER 2, 1986 Mr. Ferrito stated minutes on page 11, Route 85 Preferred Alternative, change after the vote of three noes and two ayes, "Mr. Ventura" to "Mr. Ferrito" vote no on motion. On page, Minutes of August 4, 1986, change second paragraph, first sentence to read, "Mr. Ferrito stated minutes should be amended on same page and subject, to read." Mrs. Benjamin stated the same corrections to be made to same subject. Minutes to read, "Mrs. Benjamin stated minutes should be amended..." Correction on page 11, Adjournment, Mrs. Benjamin and Mr. Ventura were present at the end of the meeting not absent. Mayor Daily asked for corrections of spelling errors, change adjournment time from 1:45 p.m. to 1:45 a.m. Clerk to review tape regarding Project 314 - Lark Avenue Improvements referral vote. Page 10, Appeal - 400 Blossom Hill Road, add to reason for no vote the following, "in prior applications such as, Pendar, The Terraces just to name a few." Mr. Benjamin moved to adopt the minutes of September 2, 1986 as corrected. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. PAYROLL SEPTEMBER 12, 1986 Mrs. Benjamin moved to approve the September 12, 1986 payroll in the amount of $152,613.19 and related warrants in the amount of $117,059.92. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. WARRANTS SEPTEMBER 1986 Mrs. Benjamin moved to approve the September, 1986 warrants in the amount of $281,725.39 excluding the $212.00 for the Flamingo Resort Hotel. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. APPEAL GUADALUPE COLLEGE Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the Certificate of an Environmental Impact report and appeal of Planning Commission's decision denying Conditional Use Permit Application U-84-6 to operate a private school (University level) within existing school facilities (Guadalupe College) in the HR-5 (Pre-zoned) Zone. Speaking in support of the appeal was Charles Bedolla, representative of the Sisters of Charity; Keith Pritchard, Attorney for the Sisters of Charity; and Mr. John Stewart. Bart Evans, Lexington hills Association President, spoke on the Associations concerns of the traffic impact. Joan Brazell, Montevina Road and Safe on 17; Jim Argarino, Lake View Court; Marilyn Dilles, Montevina Road and Dr. Rosen, Foster Road spoke on the traffic impact. No one else wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. There was further discussion on the proposed conditions. From the September 15, 1986 staff report of conditions, Mr. Ferrito moved to approve as conditions all the items marked OK (Condition numbers are 2, 5, 6, 12, 15 - 27, 31 - 34, 36 - 38, 40, 41, 43, 44, 46, 49, 51 -57, 59, 60, 62, 64, 66, 67, 68,) on the September 15, 1986 staff report. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ventura moved for approval of all the modified conditions as contained in the staff report (conditions 8, 13, 28, 29, 30, 39, 42, 45, 48, 50, 58, 65, 69, and 70). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to adopt as conditions to the use permit item 1 and item 4. Mrs. Benjamin seconded. Carried by vote of four ayes. The word "currently" was added to condition 4. The condition to read, "The property owner shall dedicate to the Town and Midpeninsula Regional Open Space District as permanent open space, either by easement of fee, all lands not currently occupied by buildings or parking." Mr. Ventura moved that the school implement a policy to discourage visitation on site and encourage off site visitation. This condition only effective until such time as the interchange is constructed. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mayor Daily voted no. Mr. Carlson was absent. This to replace #7 as worded. Mr. Ferrito moved to substitute for item 3 in the September 15th staff report, the alternate language proposed in the September 11, 1986 staff report by the Town Attorney, which read as follows, "The applicant shall provide for the construction of safety features at the intersection of Highway 17 and Alma Bridge Road as required by CalTrans in order to mitigate the intersection safety concerns raised in the EIR. The applicant shall demonstrate to the Town that they have provided for the construction of safety features. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ventura voted no because he feels it is not specific enough. Mr. Carlson was absent. Mr. Ventura moved for the approval of condition 10 deleting the axle limitation indicating this condition will expire when the interchange is constructed. Mrs. Benjamin seconded. Motion died. Mr. Ferrito moved to strike the last sentence in item 10 and add, "This condition shall expire at the time back road has been built and that condition number 3 has been satisfied." Motion died for lack of second. Mr. Ventura moved approval of number 10 deleting the reference to a two axle limitation and indicating at Alma Bridge Road and Hwy 17. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. RECESS Mayor Daily declared a recess at 10:00 p.m. and reconvened at 10:15 p.m . Mayor Daily declared a recess at 10:00 p.m. and reconvened at 10:15 p.m. APPEAL GUADALUPE COLLEGE (CONTINUED) Mr. Ferrito moved to refer back to staff conditions ll and 47 for exploring whether insurance is available and explore whether the applicant can pay for the additional insurance in order to insure the Town, public officials, and staff as stated in number 47 and rewording for final adoption. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved for adoption of condition number 9 as set forth in the staff report. Mrs. Benjamin seconded. Motion died. Mr. Ferrito moved for adoption of condition number 9 deleting the following from the first sentence, "will be limited in number to 6 per year". Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to adopt condition number 14 as stated. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. If the Applicant can show this condition is unreasonable, Mrs. Benjamin and Mayor Daily will reconsider it. Mrs. Benjamin moved to delete condition 35 and suggest the applicant grow seed after the project is completed. Direct the Parks Department to figure the number of packages of seed that will be needed for replanting. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Ventura voted no and Mr. Carlson was absent. Mr. Ventura moved condition 42 be adopted with additional wording added to first sentence as follows, "until the interchange at Alma Bridge Road and Hwy 17 is completed." Mr. Ferrito seconded. Carried by a vote of three ayes. Mayor Daily voted no and Mr. Carlson was absent. Mr. Ferrito moved for adoption of condition 61 as worded. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to delete condition 63 because it is a State problem. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved for adoption of condition 64 as worded. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved for adoption of condition 71 as worded. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved for adoption of condition 72 as follows, "Use of the property shall be granted subject to all the specific conditions enumerated herein which are necessary for the general health, safety and welfare. Should any condition of this permit be held invalid, or be modified, other than by the Town Council the permit shall be null and void." Mr. Ventura seconded. Carried by a vote of four yes. Mr. Carlson was absent. Mr. Ventura moved to mend condition 48 to add a condition that private road width shall not exceed 18' curb to curb. Motion died for lack of second Mr. Ferrito moved to certify that the EIR was presented to the Town Council and that the Council reviewed and considered the information contained in the EIR prior to taking action. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved that the documentation shown in Council report dated September 2, 1986, pages 4 through 14, that has identified the significant environmental effects accompanied by an explanation for the rational for each finding. Mr. Ferrito seconded. Carried by a vote of our ayes. Mr, Carlson was absent. Mr. Ferrito moved Council find Council eliminated or substantiated lessened all significant effects on the environmental where feasible as shown in the above findings, and Council further find that there are no remaining significant effects on the environment. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved that council find the request consistent with the Town's General Plan. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved that Council find the request consistent with the Town's Hillside Plan. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito so moved the proposed uses of the property are essential or desirable to the public convenience or welfare based upon the fact that this facility exists currently and is really being put to no useful purpose that this use represents one of the most desirable uses for the facility and insistent to its original use. The proposed uses will o impair the integrity and the character of the one beaus the original use approved when the buildings were approved for construction was essentially a college and is consistent with the original use intended this site and improvements on site will enhance its current condition. The proposed uses will not be detrimental to the public health, safety or general welfare because all issues pertaining to the health and safety in the EIR have been mitigated and the addition of a Taiwan school for young women will improve the cultural and educational aspect of the community. The proposed use of the property are in harmony with the purposes of the Zoning Ordinance because it is one of the uses permitted with a Conditional Use Permit in the HR Zone. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved the Planning Commission erred in their findings in that all the conditions mentioned in the EIR are mitigated through measures taken by the conditions placed by the Town Council. They failed to adequately consider the desirability of the best use of the site. They failed to consider the Town's consistent and long held position that this facility ought to be put to use but that it should not impair the downtown area and further impact Foster Road and College Avenue and that the back road was and has been in our Hillside Plan for approximately eight years and that there were sufficient mitigating factors that could have been developed. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ferrito moved to grant the appeal and instruct staff to return with a final version of the resolution at the next Council meeting on October 6, 1986. Mrs.Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. APPEAL GUADALUPE RUBBISH CO., INC. 718 UNIVERSITY AVENUE Mayor Daily stated this was the time and place duly noted for continued public hearing to consider an appeal of Planning Commission's denial of application for Zone Change Application Z-84-6, consideration to delete and existing Commercial Industrial Planning Development (LM-PD) Zone and to create a new Commercial--Industrial Planned Development (LM-PD) Zone to permit the construction of a multi-use facility (Research and Development, Light Industrial Office) at 718 University Avenue (Guadalupe Rubbish Disposal Co., Inc.). Linda Callon,Attorney representing Guadalupe Rubbish Disposal Company, spoke in support of the appeal and went over the reasons Council should grant the appeal. Paul McAllister and Dennis Varni also spoke in support the appeal. Mr. Ventura moved to close the public hearing. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mrs. Benjamin moved to grant the appeal subject to the following conditions: 1) Guadalupe Rubbish Company offer the land in fee or open space dedication which ever staff recommends. Motion died. The following conditions were discussed: 1) building square footage reduced and not to exceed 27,500 feet; 2) balancing trips generation with what LM Zone will allow; 3) staff return with recommendation on flex time, whether it is feasible and cap on number of employees; 4) provide picnic site on land they are dedicating; 5) pedestrian access to dedicated land; 6) heavy landscaping between the park and project site; 7) dedication of 1/2 acre of land to the park, for open space. CONTINUE OF MEETING Mr. Ventura moved to continue the meeting past midnight. Mayor Daily seconded. Carried by a vote of four ayes. Mr. Carlson was absent. GUADALUPE RUBBISH COMPANY 718 UNIVERSITY AVENUE (CONTINUED) Mr. Ventura moved to reopen the public hearing and continue to November 3, 1986 and refer this matter back to the Planning Commission for report and review of the dedication and conditions of approval for report back on November 3rd. The DRC provide draft ordinance with a list of conditions for review by the Panning Commission and Council. Council finds the Planning Commission erred beaus new the data presented to Council, enhances the social need, which they did not have before; there is also another reduction in the square footage from 30,000 to 27,600; the credit for current trips. Mr. Ferrito seconded. Carried by a vote of three ayes. Mayor Daily voted no and Mr. Carlson was absent. APPEAL CONDITIONAL USE PERMIT FOR LOS GATOS CONVALESCENT HOSPITAL INC. - (16412 LOS GATOS BOULEVARD) Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's conditions placed upon the Conditional Use Permit Application U-77-38A, consideration to operate an existing Convalescent Hospital in the "O" Zone. Los Gatos Convalescent Hospital, Inc., 16412 Los Gatos Boulevard (B & M Properties). A letter was received from Larry A. Blitz, President of the Los Gatos Convalescent Hospital, requesting this public hearing be continued for 30 days. Mr. Ferrito moved to continue this public hearing to November 17, 1986. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. VERBAL COMMUNICATION Alan Soldofsky, San Jose Poetry Center, spoke on the request for funding to bring the Israeli Poet Yehuda Amichai to Los Gatos. He requests Council award the funding from the unappropriated general funds. There was discussion by Council and questions answered by Mr. Soldofsky. Mr. Ventura moved to reconsider this item, refer to staff for report and reagendize for Council consideration at the October 6, 1986 Council meeting. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. APPEAL 644 UNIVERSITY AVENUE (DIMITROPOULOS) Mr. Ferrito moved for adoption of Resolution No. 1986-157 entitled, RESOLUTION REMANDING TO THE PLANNING COMMISSION DECISION OF PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT APPLICATION AND ARCHITECTURE AND SITE APPLICATION REQUESTING APPROVAL TO OPERATE AN AUTO REPAIR SERVICE AND TO CONSTRUCT A BUILDING ON PROPERTY LOCATED IN THE LM ZONE - (644 University Avenue - A. Dimitropoulos). Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson was absent. Mr. Ventura left the meeting at 12:35 a.m. APPEAL 400 BLOSSOM HILL ROAD (HIGGINS) A letter was received from William L. Higgins requesting approval of the application without reference to staff numbers. Mr. Ferrito moved to continue this request to a public hearing on November 3, 1986. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. AMICUS PARTICIPATION The Town Attorney reported that the Town has been recommended to participate in Amicus Briefs, subject to no cost to the Town. The three that have some relationship to the Town are City and County of San Francisco v. Bancroft Enterprises, Jensen v. Stangel, and Alyce Jones v. City of Fremont. Mr. Ferrito stated he would abstain from voting due to his participation as Attorney in Jensen v. Stangel. Noting Mr. Ferrito abstention, the Town Attorney removed Jensen v. Stangel from the agenda. Mrs. Benjamin moved to accept the Town Attorney's recommendation and approve participation in the Amicus briefs in City and County of San Francisco v. Bancroft Enterprises and Alyce Jones v. City of Fremont, with no cost to the Town. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. DOWNTOWN PARKING ASSESSMENT DISTRICT A report from the Parking Commission regarding proposed downtown parking assessment district recommendations. Mr. Emmett Brady spoke on this issue. Mr. Ferrito stated he would abstain from voting on this issue. Mrs. Benjamin moved to continue this item to the October 6, 1986 Council meeting due to a lack of quorum. Also direct the Town Attorney for report regarding the comments from Mr. Brady. Mr. Daily seconded. Carried by a vote of two ayes. Mr. Ferrito abstained, reason set forth in prior hearings. Mr. Carlson and Mr. Ventura were absent. The Town Attorney to see that Mr. Casaleggio and Mr. Lynch to meet with each other on this matter. YOUTH ADVISORY COMMISSION ANNUAL REPORT FY1985/86 Mr. Ferrito moved to accept staff recommendation and investigate on the possibility of holding a youth fair; further develop the plan for a music concert; and seek sponsorship o the Community Service award and prepare to grant the award and prepare to grant the award and prepare to grant the award in the Spring of 1987. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. LEROY AVENUE Mrs. Benjamin reported that the people on Leroy Avenue do not like the permit parking. There is still a lot of traffic and a lot of U-turns. NOTICE OF COMPLETION PROJECT 314 Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. Mrs. Benjamin moved to approve the request of the Town's consultant,Wilsey and Ham, for additional compensation in the amount of $10,533 for additional field services and preparation of "AS BUILT" plans for Project 314. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. Mayor Daily moved to authorize a supplemental appropriation in the amount of $31,430.43 from GFAR. Motion died for lack of second. Mrs. Benjamin moved to authorize a supplemental appropriation from Gas Tax in the amount of $31,430.43. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. Discussion will be held to determine whether to appropriate the funds from Gas Tax or GFAR at the next Council meeting on October 6, 1986. NOTICE OF COMPLETION PROJECT 322 BIKE ROUTE SIGNING Mayor Daily moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Project 322 - Bike Route Signing. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. ADJOURNMENT Mrs. Benjamin moved the meeting be adjourned at 1:00 a.m., Tuesday, September 16, 1986. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura were absent. ATTEST: Rebecca L. Yates Sr. Deputy Clerk AGREEMENTS COMMUNITY SERVICES GROUPS Mrs. Benjamin moved for adoption of Resolution No. 1986-156 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH FISCAL YEAR 1986-87 TOWN FUND RECIPIENTS. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson was absent.