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M 06-16-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JUNE 16, 1986 TOWN COUNCIL The Town Council/Parking Authority met in a joint meeting in the Council Chambers of the Town Hall at 7:45 p.m., in regular session. ROLL CALL PRESENT: Eric D. Carlson, Thomas J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily. ABSENT:Joanne Benjamin PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported that following the last Council meeting of June 2, 1986, Council met in Closed Session and discussed: Town of Los gatos v. Ferrari litigation pursuant to Government Code Section 54956.9(a) and there is no report from the discussion. Institution of litigation on zoning violations pursuant to Government Code Section 54956.9(c) with no report. Possible acquisition of property at 16555 Shannon Road, to be acquired from the Los Gatos Union School District, there is no report from the discussion. Labor relations were discussed with no report. Prior to this Council meeting, Council met in Closed Session to discuss pursuant to Government Code Section 54956.9(b), the claim of David and Ellen Graff. There was first the determination there was significant exposure to litigation. Council discussed the claim and authorized settlement of that claim in the amount of $1,166.96. Pursuant to Government Code Section 54956.9(a), Unemployment Insurance Appeal regarding Barry Abe. The Council authorized appeal in this matter. Labor relations were discussed and there is no report. EX-AGENDA ITEM Mayor Daily added a letter received from Mr. Aanenson the General Manager/Postmaster regarding the need for a new Los Gatos Carrier Annexation Post Office. This is to be added to the agenda as item number 24. BID AWARD PROJECT 322 BIKE ROUTE SIGNING CHERRY BLOSSOM LANE TO LOS GATOS ALMADEN ROAD. Bids were received for Project 322, Bike Route Signing from Cherry Blossom Lane to Los Gatos-Almaden Road from Sabotka Specialty Services and Crisp Company. The lowest bidder was Sabotka Specialty Services in the amount of $5,792.00. Mr. Carlson moved to award the bid for Project 322, Bike Route Signing Cherry Blossom Lane to Los Gatos-Almaden Road to Sabotka Specialty Services, in the amount of $5,792.00; and authorize the Mayor to sign the contract on behalf of the Town. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. BID AWARD LEGAL PUBLICATION SERVICES FOR 1986-87 Bids were received from the Los Gatos Weekly and the Los Gatos Times Observer for Legal Publication Services. Jorie Dunlap, Editor of the Los Gatos Weekly spoke on their bid. She stated that the revenue base provided by the Town legal ads are important to the paper; the Weekly is a home town paper, owned by residents of Los Gatos; the news reported is mostly local; it has 89% more readers than the Times Observer by a study done last fall; the Times Observer has 50% of the local readers and the Weekly has 84% of the readership; the Weekly has more local ads; the rates are close $4.88 v. $4.64; the rates are the same as last year and are guaranteed for one year; the Weekly donates $400.00 in space every week to the Town for public meeting agendas, notices of specially called meetings or anything else the Council feels is important to get out to the community as quickly as possible; this space is to be used as a public service. Hank Hustedt, of the Los Gatos Times Observer, stated the Observer has been judicated since 1952; handled legal ads for the Town until last year; experienced in legal ads; competitive rates; mail about 15,000 papers per week; home town paper; carried the local news; Council meeting will be in next day's paper; special page entitled "Town Government At Work" will stress all Town hearings; Historical and Library Board, Parking District, and other Committee and Commission meetings will be in paper every week along with schedule of events with legal das on the page every week, (no charge for this age). Michael Baily, Editor of the Times Observer and new owner of the Times Observer, Terrence Donnally, also spoke in support of their bid. There was further discussion by Council to hold the bid award until the Town Clerk, Mrs. Aldag, could be present to answer questions on performance. The contract with the Los Gatos Weekly will run out June 30, 1986, but they are willing to continue service until the bid is awarded July 7, 1986. Mr. Ferrito moved to hold the decision on the bid award for Legal Publication Services until July 7, 1986, when Mrs. Aldag will be present for discussion. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. WRITTEN COMMUNICATIONS A letter was received from the Youth Science Institute to hold the "Vasona Park 10K Wildlife Run", on Sunday, September 14, 1986 from 8:30 a.m. to 9:45 a.m. to benefit the Youth Science Institute. Mr. Ventura moved to refer the request to the Town Manager for response. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SCHEDULE OF PUBLIC HEARINGS Informational report for Council on upcoming scheduled public hearings. COUNTY REFERRALS Mr. Ventura moved to accept staff recommendation on the following: 2897-26-47-86P-86A-86RA Black Rd/Lake View Ct. Carlson/Rowlett Use Permit and A & S approval and reversion to acreage No comment. 2889-31-54-86V Roseleaf Lane Sheehan Variance This application is inside the Urban Service Area, not contiguous to Town boundary and not annexable at this time. There is no apparent reason for the requested Variance. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. PARKING COMMISSION ACTIVITY REPORT Parking Commission Activity Report #39 for Council information. NOTICE OF COMPLETION 300 E. MAIN ST. (GAMBORD) Mr. Ventura moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for 300 E. Main street (Gambord). Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. NOTICE OF COMPLETION TRACT 7297 ARROYO RINCONADA Mr. Ventura moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Tract 7297, Arroyo Rinconada. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ESTABLISHMENT LOS GATOS ARTS COMMISSION Mr.Ventura moved to adopt Resolution No. 1986-80 entitled, A RESOLUTION ESTABLISHING THE TOWN OF LOS GATOS ARTS COMMISSION AND RESCINDING RESOLUTION NO. 1984-118 WHICH ESTABLISHED THE TOWN OF LOS GATOS CULTURAL COMMISSION. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. This Resolution will dissolve the Town of Los Gatos Cultural Commission and establish the Town of Los Gatos Arts Commission. AUTHORIZING EASEMENT MIDPENINSULA OPEN SPACE DISTRICT (BLAIR PROPERTY) Mr. Ventura moved for adoption of resolution No. 1986-81 entitled, RESOLUTION AUTHORIZING ACCEPTANCE OF PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT FROM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ON PROPERTY FORMERLY KNOWN AS THE BLAIR PROPERTY AND AUTHORIZING MAYOR TO EXECUTE ACCEPTANCE OF EASEMENT. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. EIR CONSULTANT SERVICES CONTRACT Mr.Ventura moved for adoption of resolution No. 1986-82 entitled, RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR INITIAL STUDIES (CALIFORNIA ENVIRONMENTAL QUALITY ACT). Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. The contracts with Mindigo & Associates; Environmental Science Associates, Inc.; Larry Seeman Associates; and Earth Metrics, Inc. are to preform the initial environmental studies where required, pursuant to provisions of the California Environmental Quality Act. USE OF TOWN PLAZA FOR TASTE OF LOS GATOS A letter was received, May 1, 1986, from the Los Gatos Downtown Association, requesting permission to hold their fourth annual "Taste of Los Gatos". Mr. Ventura moved to approve the applicant's request to hold the fourth annual "Taste of Los Gatos" at the Town Plaza and on Montebello Way on October 11th and 12th, 1986. Subject of the following conditions: 1.Meet with Park and Police Departments' staff by July 18th, to review conditions of approval and to coordinate the event. 2.Event hours to be established from 11:00 a.m. to 5:00 p.m. on October 11th and 12th, 1986. 3.Street closure (Montebello Way and Broadway - East of Santa Cruz Ave.), will begin at 7:00 a.m. on Saturday, October 11th and end at 7:00 p.m. on Sunday, October 12th. Emergency access ad determined necessary by the Police Department, will be maintained at all times. 4.Two Police Officers will be required for security purposes. Hours of patrol will be from 10:30 a.m. to 5:30 p.m. at the Town Plaza. 5.Applicant will reimburse the Town of Los Gatos for Maintenance and security services provided. 6.Applicant will provide the Town of Los Gatos with special event insurance coverage in the amount of one million dollars. The Town will be named s additionally insured. The applicant will also provide the Town with a Hold Harmless Agreement. 7.Amplified music shall not exceed 75 DBA - measured twenty-five (25) feet from the source. 8.A site plan outlining booth locations will be pre-approved by the Director of Parks, Forestry, and Maintenance Services. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. TRAFFIC DIVERSION FOR LOS GATOS HIGH SCHOOL GRADUATION A letter dated May 20, 1986, from the Los Gatos High School Principal Ted Simonson requested the diversion of traffic to provide increased safety for pedestrians and the reduction of traffic noise. Mr. Ventura moved to approve the Los Gatos High School request to divert traffic from E. Main Street on Friday, June 20, 1986, at 6:00 p.m. for the 1986 graduation ceremony. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. The traffic will be rerouted on Jackson Street, Villa Avenue, and Fiesta Way. MINUTES JUNE 2, 1986 Mr. Ventura requested additional wording on Request refund Fee For Certificate of Compliance (Seaborn), page 5. Correct sentence to read, "This action taken on condition that the Certificate of Compliance not be issued and Mrs. Seaborn sign the necessary papers to either terminate or withdraw the application as Planning deems necessary." Correct page 6, Subject - Vasona Corridor Mass Transit, from "LIT". Mr. Carlson moved the minutes of June 2, 1986 be approved as amended. Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito abstained and Mrs. Benjamin was absent. PAYROLL & RELATED WARRANTS JUNE 6, 1986 Mr. Carlson moved for approval of the June 6, 1986 payroll in the amount of $130,846.56 and the related payroll warrants in the amount of $120,185.15. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. WARRANTS MAY, 1986 Mr. Carlson moved for approval of the May, 1986 warrants in the amount of $247,357.74. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. APPEAL 80 BROADWAY (BAUMGARDNER) Mayor Daily stated this was the time and place duly noted for continued public hearing to consider the appeal of Building Official's decision concerning code correction required for approval of a secondary living unit at 80 Broadway. Council has referred a request for an ordinance amendment to the Planning Commission regarding former non-conforming secondary units, staff recommends this matter be continued until Council acts on the Commission's recommendations and the research on Mr. Baumgardner's property is completed to determine whether or not his property is non-conforming. Mr. Baumgardner,property owner, spoke in favor of the continuance. Mr. Ventura moved to continue this hearing until January 5, 1987. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. PUBLIC HEARING "THE TERRACES" BLOSSOM HILL RD. & CHERRY BLOSSOM LANE Mayor Daily stated this was the time and place duly published for public hearing to consider the request for certification of draft environmental impact report EIR- 85-2, approval of plans for a continuing care retirement community and zone change application Z-85-2, requesting zone change from R-M:5-20-PD. (American Baptist Homes of the West; property located at Blossom Hill Road and Cherry Blossom Lane -- The Terraces). Mr. Glen Rouse, 230 Vista del Monte, a member of the Board of Directors of the Los Gatos Presbyterian Homes for the past 10 years. Mr. Rouse stated this project was started 15 years ago, and there is a growing need for adequate facilities, centrally located for the local citizens in or reaching retirement age and who want to remain in Los Gatos. The alliance with American Baptist Homes of the West will bring the necessary background, experience, and equipment to operate a successful facility. There will be 185 independent living units; 43 beds in the personal care unit; 75 beds in the skilled nursing care unit; The Terraces have received refundable deposits for 110 units. Of those deposits: over 50% are residents of Los Gatos; 75% of those signed up live within 6 miles of the project and have an average of 25 years residence in Los Gatos; They own their own homes and wish to change their life styles without relocating out of the area where their family and friends are. Richard Ice, President of the American Baptist Homes of the West for 14 years. He spoke on the concept stating they are owner operators of their own projects; a California non-profit corporation. He stated that an appropriate retirement housing project will provide a logical zoning transition from residential to business use in this location and it provides the least traffic. It is also a major benefit socially for the citizens. They offer the advantage of meeting the needs of the elderly because they care for them and have a strong philosophy about the worth of every human being as long as that person shall live. Their goal is to keep the retirees functioning at the most active level physically possible while providing high quality care at a low cost. The financial goal is to be self supporting. Their company will be in the Town for the long term, it is not the type of business that will be sold every year for a tax advantage or depreciation. They will be quiet pleasant neighbors and intend to do everything possible to become part of the community and also provide services for elderly who will not live in the Terraces. The traffic generated will be small especially at commute hours, but they will be willing to pay a fair proportionate share of street improvements in the neighborhood of the project but any change in the number of street entries would have a negative impact on the site plan as any reduction in density could make the profit financially impractible. Michael Kelly, Architect for the project from Stone, Marraccini and Patterson. This project site provides appropriate distribution of spaces, use of facilities on the site and supporting structure surrounding the site. The main entrance is off of Blossom Hill Road and exits off of Cherry Blossom Lane. Mr. Kelly explained that the layout of the complex and the main entrances and the purpose of the other entrances. All exits on Blossom Hill Road and Cherry Blossom Lane are right turns only. Mr. Kelly explained the purpose of the fire emergency access lane. Discussion was held regarding ingress and egress on Cherry Blossom Lane in regards to the children that attend the school across Cherry Blossom Lane. Questions were answered regarding closing off one of the exits on Cherry Blossom Lane. Jim Dickson, 119 Cherry Blossom Lane, is in favor of the project for the use of the land. He is concerned about post project traffic on Cherry Blossom Lane; traffic level at intersection of Blossom Hill Road and Cherry Blossom Lane; and is concerned about noise level. Jerry Murphy, 101 Cherry Blossom Lane, questioned the traffic level at the corner of Blossom Hill Road and Cherry Blossom Lane and the Traffic level that would be generated from the Terraces. She feels the children safety is most important. John Price, 16493 Apple Blossom Lane, is concerned with traffic and the lack of police patrol. He feels this project should be scaled down. Roy Lave, EIR Consultant for the project, stated from the traffic point of view, estimates daily traffic at 560 trips per day. This count includes everyone including employees. The method used to determine the number of trips for this project was to look at other homes that are similar and use the independent care units s the best common denominator. He feels the project would add 56 cars during the morning peak hours. Cheryl Wimberly, 15961 Quail Hill Road, spoke on the traffic impact of the project and correcting the intersection. She feels the project is desirable to the community. Woody Nedom, 16280 Azalea Way, feels Los Gatos is over developed and opposes any development in Los Gatos. John Capps, 104 Magnesen Terrace, will live next to the project and is in support of the project. Kern Hamilton, 162 Twin Oaks Drive, is also in favor of the project. Lee anne Daily 15666 Cherry Blossom Lane, is strongly opposed to the project. The primary reason is the traffic problems the project would cause and the danger to the children. Tom Shafer, 16238 Los Gatos-Almaden Road, is in support of the project. Lucia Callis, 14640 Golf Links Drive, is in favor of the Terraces and would like to be able to live in it. Sue Russ, Principal of Blossom Hill School, spoke on the traffic and crossing problems at the intersection of Blossom Hill Road and Cherry Blossom Lane. Laurie Anderson, 236 Gregg Drive, is concerned with the traffic problems and is in favor of the project. Rev. John Bouquet, 117 Fancher Court, is in favor of the project. There was discussion by Council regarding lifetime care; traffic; disposal of automobiles; right turn island on Blossom Hill Road onto Cherry Blossom Lane; lowering the density of the project; on site service reduction; limit number of cars to one per unit for independent care units and zero cars for personal and nursing care units; reducing number of entrances onto Cherry Blossom Lane; check what can be done to the intersection of Blossom Hill Road and Cherry Blossom Lane (overpass for pedestrians, T-intersection, cul-de-sac, realignment of street) and how much is the Terraces willing to spend on this; change staff shift time; and Town Engineer to work with the school district and developer regarding the intersection. Mr. Ventura moved to close the public hearing. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to certify that the EIR has been completed in compliance with CEQA. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson 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 on the project. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. RECESS Mayor Daily declared a recess at 10:40 p.m. Meeting reconvened at 10:50 p.m. THE TERRACES (CONTINUED) There was continued discussion with Mr. Kelly, Architect for the project and Mr. Ice, President of American Baptist Homes of the West. Mayor Daily stated this project satisfies a great social need for a limited number of people; there needs to be a balance from the affect of the project; believes in protecting the neighborhood and safety of the children; this project endangers the safety of the children; affects neighborhood by impairing the environment and integrity that is primarily residential and family oriented; inconsistent with a number of findings in the General Plan; traffic standards at the intersection of Blossom Hill Road and Los Gatos Boulevard are F; size of the project is what causes the number of trips which helps create the problem; wants to see a serious reduction in the size of the project before approving it. Mr. Ferrito stated this parcel was looked at as a residential, not single family residential, but senior residential because it is close to other facilities; support this concept because seniors should be able to live where their friends are; growth of traffic on local streets have been created by other communities; supports social need of the facility; the Town cannot afford to by parcel; can not approve the project this evening the way it stands; has significant questions regarding traffic; is willing to work with Terraces representatives to modify the intersection; and has some concerns about the size of the project. Mr. Ventura stated he supported the project in concept but is disappointed in the design; can not approve the project until all issues have been dealt with; concerned with traffic but with mitigation and redesign this can be dealt with; and supports this use for the property. Mr. Carlson stated Mr. Ventura summed up his comments. But adds that he feels the density can be reduced and this is the right use for the property. Mr. Carlson moved to refer this back to the Planning Commission to discuss ways to handle the particular problems of safety regarding the children on Cherry Blossom Lane and Blossom Hill Road; any other mitigation aspects they might want to consider such as the driveways, density, safety, T- intersection, pedestrian overpass; number of ingress and egress points in the design; density as a way of mitigating the safety impact; set backs and landscaping; restricting automobiles only to the independent living units; allow this to go on the fast tract; study all alternatives to the safety issue; all input is to be under the direction of the Town Engineer Department; and work with the school district. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. A copy of the hearing is to be made available to Mrs. Benjamin. 14314 LA RINCONADA DRIVE STATUS REPORT Mr. Ferrito moved to authorize the Town Attorney to proceed with civil action to enforce the Town Code and Zoning Ordinance. Also make sure the Police Department is aware of this. There might be something the Police Department can do before proceeding with civil action and to check the property for any criminal problems as well. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. FEE REFUND 17101 LOS ROBLES WAY Old National Financial Services requested the refund of the $2,400 Certificate of Compliance fee filled June 18, 1876. Barbara Johnson, representing Old National Financial Services, spoke in support of the refund. Mr. Ventura moved to deny the request. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MEETING CONTINUED Mr. Ventura moved to continue the Council meeting past midnight to complete the agenda. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ARTS COMMISSION APPROPRIATION FY1985-86 Mr. Carlson moved to approve the appropriation of $1,520.00 from the Arts Commission's Fiscal Year 1985-86 budget to Lynn Strom-Berg and Kristy Logan for two dance performances. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs.Benjamin was absent. Mr. Carlson requested the Arts Commission be specific about establishing a policy on how they decide who is recommended for funding; and how do they plan to select the people who will be granted the money. ROUTE 85 PREFERRED ALTERNATIVE It is recommended to confirm Route 85 Preferred Alternative considering all of the information available to date. Council should confirm an official Town position for Councilman Ventura to present to the Policy Advisory Board. Mr. Wil Kempton, Executive Director of the County Traffic Authority, was present to answer Council's questions. Discussion was held on regional planning. Mr. Carlson added to Mr. Ventura's point number 5 that the densities would be such that they would support mass transit rather than detract from it. In addition there would be low densities in other areas. He believes Measure A money should be spent primarily on the existing corridors first before putting a freeway through Los Gatos and to see if the problem can be solved by connecting Route 85 from Hwy 101 to Hwy 17 and improving Hwy 17 north of Route 85. Mr. Ventura moved to adopt the 10 points outlined in the plan submitted on Council policy regarding Route 85 including comments provided by Mr. Carlson as a position of Council to be presented at the Policy Advisory Board Meeting (including the 13 points adopted on January 21, 1986 except for number 1). Number 1 will be reconsidered if the additional points with modifications are accepted by the Policy Advisory Board. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito wants the record to reflect, "his vote should not be interpreted as his personally favoring another freeway in Los Gatos. He does not support another freeway in Los Gatos. It is apparent the majority of the citizens in the County and each city has bought into fallacy that freeways solve traffic problems. They don't. They encourage further development. They are environmentally unsound. But, because whether or not another freeway goes through Los Gatos is not a matter of conscience, I don't think I should vote my personal vote on this. Plenty of people have had plenty of opportunity for input and I think the majority has to prevail at this point in time. I want the record to reflect that I personally don't agree." Mr. Carlson was appointed by Mayor Daily to attend the meeting with Mr. Ventura. Mr. Ventura requested direction from Council on the number of freeway lanes. It was consensus of Council the number of lanes should be limited to 4. Shelly Williams, Route 85 Task Force Member, spoke on the number of suggested lanes. CONTINUE FUNDING TOWN SERVICE AT 85/86 LEVEL PENDING BUDGET HEARING It is recommended that the Town Council adopt the proposed resolution authorizing continuation of funding for Town Services at the 1985-86 authorization level pending the budget hearing on July 7, 1986. Mr. Ventura moved to adopt Resolution No. 1986-83 entitled, A RESOLUTION AUTHORIZING CONTINUATION OF FUNDING FOR TOWN SERVICES AT THE 1985-86 AUTHORIZATION LEVEL PENDING BUDGET HEARING ON JULY 7, 1986. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. LOS GATOS POST OFFICE CARRIER ANNEX A letter was received from James H. Aanenson, General Manager/Postmaster of San Jose, regarding conducting preliminary studies to determine further post office space needs for a new Los Gatos Carrier Annex Post Office. Mayor Daily moved to refer this to staff for a report on July 7, 1986. Mr. Carlson seconded. Carried by a vote of three ayes. Mrs. Benjamin was absent. Mr. Ventura abstained do to possible conflict of interest. ADJOURNMENT Mr. Carlson moved the meeting be adjourned at 12:45 p.m., Tuesday, June 17, 1986. Mayor Daily seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ATTEST: Rebecca L. Yates Sr. Deputy Clerk