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M 02-17-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA FEBRUARY 17, 1987 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:35 p.m., in regular session. ROLL CALL PRESENT:Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, and Mayor Brent N. Ventura. ABSENT:Joanne Benjamin. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATION Mayor Ventura presented a Resolution of Commendation to John R. McNulty for his services on the Parking Commission. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, stated pursuant to Government Code Section 54956.9(a) discussion was held regarding Town of Los Gatos vs. Friesen and Town of Los Gatos vs. John L. Scott. No report from the discussion. WRITTEN COMMUNICATIONS (referral/file) a.Letter from Madame Yvette regarding the Burger Pit Restaurant on Saratoga and Tait Avenue. Mr. Carlson moved to refer this to the Town Manager for response. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. b.Letter from the Los Gatos Centennial, Inc. regarding special events planned for the Town of Los Gatos Centennial Birthday. Information letter. c.Letter from the Jewish Community Center regarding their "Freedom Run" to be held April 12, 1987. Mr. Carlson moved to refer this to the Town Manager for report. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. d.Notice from PG&E regarding their rate decrease in gas rates to "core" customers effective July 1, 1987. Note and file. PUBLIC HEARING SCHEDULE Council informational report of upcoming public hearings. COUNCIL CALENDAR OF MEETINGS Council informational report. FEBRUARY 13, 1987 PAYROLL & RELATED WARRANTS. Mr. Carlson moved for approval of the February 13, 1987 payroll in the amount of $139.311.23 and related warrants in the amount of $118,256.83. Mr. Hamilton seconded. Carried of four ayes. Mrs. Benjamin wa absent. FEBRUARY, 1987 ACCOUNTS PAYABLE Mr. Carlson moved for the approval of the accounts payable warrants for February 1987, in the amount of $265,356.27. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SUMMIT MARATHON Mr. Carlson moved to approve the request to hold the Bank of Los Gatos Summit Marathon on November 8, 1987 with the following conditions: 1) provide insurance in the amount of $1 million and name the Town as additionally insured; 2) provide the Town with a hold harmless agreement; and 3) review final plans with the Director of Parks, Forestry and Maintenance Service and adhere to any conditions outlined. Mr. Hamilton seconded. Carried by a vote o four ayes. Mrs, Benjamin was absent. CAMPHOR TREES REPLACEMENT MAGNESON LOOP Sharon Gies spoke regarding scheduling a neighborhood meeting with staff to discuss the issue of camphor trees and solution to the problem. It was Council's consensus Mr. Ferrito and Mayor Ventura would meet with the residents of Magneson Loop and staff to prepare a report. Mr. Carlson moved to pull and reagendized this item for a later date. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs.Benjamin was absent. HISTORIC WALK VOLKSSPORTERS CLUB Mr. Carlson moved to approve the Historic Walk request of Enhancelife Volkssporters and authorize staff to advise the applicant that future similar requests be directed to the Police Department for information purposes only. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. NOTICE OF COMPLETION BELGATOS HIGHLANDS (DAS) Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record the Notice of Completion and Certificate of Acceptance for Belgatos Highlands - Belgatos at Westhill (Das). Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. NOTICE OF COMPLETION TRACT 7791 Mr. Carlson moved to authorize the Mayor to execute and the Town Clerk to record the Notice of Completion and Certificate of Acceptance for Tract 7791 - Harwood and Almond Blossom. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SANITATION DIST. #4 REPORT RE GREASE INTERCAEPTORS ON N. SANTA CRUZ AVE. Informational report for Council from Sanitation District No. 4 and others regarding grease interceptor regulation enforcement related to restaurants on Santa Cruz Avenue. COMBINED FINANCIAL STATEMENTS MAIN HURDMAN The Town of Los Gatos Combined Financial Statements (Audit) for fiscal year ending June 30, 1986 from KMG Main Hurdman was submitted for Council approval. Mr. Hamilton request this be removed from the agenda for further study of accuracy. Mr. Ferrito requested Council receive memos regarding any errors in the report. Mr. Carlson moved to continue this to the adjourned regular meeting on February 23, 1987. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. TRANSIT ASSIST ANNUAL STATEMENT REVENUE & EXPENDITURE MAIN HURDMAN The Transit Assist Program Statement of Revenue and Expenditures for the fiscal year ending June 30, 1986 was submitted for Council approval. Mr.Hamilton requested this be removed from the agenda for study of accuracy. Mr. Ferrito requested Council to receive memos regarding errors in the report. Mr. Carlson moved to continue this to the adjourned regular meeting on February 23, 1987. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. TOWN RETIREMENT PLAN FINANCIAL STATEMENT - MAIN HURDMAN The Town of Los Gatos Retirement Plan Financial Statement for the fiscal year ending June 30, 1986 was submitted for Council approval. Mr. Hamilton requested this be removed from the agenda for study of accuracy. Mr. Ferrito requested Council to receive memos regarding any errors in the report. Mr. Carlson moved to continue this to the adjourned regular meeting on February 23, 1987. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. AMENDING RESOLUTION 1984-210 RE ATTENDANCE GOVERNMENT BUSINESS FUNCTIONS Mr. Carlson moved for the adoption of Resolution No. 1987-16 entitled, A RESOLUTION AUTHORIZING ATTENDANCE AT GOVERNMENT BUSINESS FUNCTIONS AND PROVIDING FOR REIMBURSEMENT OF REASONABLE EXPENSES INCURRED IN SUCH ATTENDANCE. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. AMENDING ZONING ORDINANCE ALLOW HOSPITAL SIGNS Mr. Carlson moved to refer this matter to the Planning Commission to consider an amendment to the Zoning Ordinance that would provide a separate review process for hospital signs. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SECONDARY DWELLING UNIT PERMIT APPLICATION REPORT Council informational report. REQUEST TO CONVERT SINGLE FAMILY HOME TO 3 UNITS (RAKHRA) 250 LOMA ALTA AVENUE. This item was pulled from the agenda. No action was taken. ADOPTION OF ORD. REQUIRING TREE REMOVAL PERMITS Mr. Carlson moved for the adoption of Ordinance No. 1706 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ZONING ORDINANCE SEC. 3.20.050 REQUIRING TREE REMOVAL PERMITS. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. YOUTH ADVISORY COMMISSION DANCE Mr. Carlson moved to approve the Youth Advisory Commission's sponsorship of a dance to be held March 14, 1987 from 8:00 p.m. to midnight at the Los Gatos Downtown Neighborhood Center. Allocate $300.00 from the Town's Deposit Account to the dance. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MINUTES JAN. 26, 1987 Mr.Carlson corrected spelling error from "resident" to "residence" on page 2, subject Secondary Dwelling Units. Mr. Carlson moved for approval of the January 26, 1987 minutes as corrected. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. MINUTES FEB. 2, 1987 Mr. Ferrito moved the minutes of February 2, 1987 be approved as submitted. Mr. Carlson seconded. Carried by a vote of three ayes. Mayor Ventura abstained and Mrs. Benjamin was absent. HAPPY DAY LIMOUSINE CO. Mayor Ventura stated this was the time and place duly published for public hearing to consider the Certificate of Public Convenience and Necessity for Happy Day Limousine Company. No one from the audience wished to speak on this issue. Mr. Carlson moved the public hearing be closed. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. APPEAL H.E. SMITH (GP-87-3) USE OF PROPERTY WEST SIDE OF MILES AVE. Mayor Ventura stated this was the time and place duly noted for public hearing to consider appeal of Planning Commission's denial of General Plan Amendment GP-87-3, an amendment to the General Plan concerning the use of property, located on the west side of Miles Avenue, adjacent to and north of the Town Corporation Yard from Medium Density Residential to serve commercial. (H. Eugene Smith. Mr. Smith submitted a letter, dated February 6,1987, requesting this item be continued. Mr.Carlson moved to continue this to April 5, 1987. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SECONDARY DWELLING UNITS GENERAL PLAN AMENDMENT GP-86-1 AND A-86-5 Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider General Plan Amendment GP-86-1 consideration of amendments to the General Plan concerning the number, type of occupancy and other regulations pertaining to secondary dwelling units; and Zoning Ordinance Amendment A-86-5, consideration of amendments to the Zoning Ordinance regarding the number, type of occupancy and other restrictions pertaining to secondary dwelling units. Continued from January 26, 1987. Gary Gianni requested Council adopt recommendation on page 3 item B of the staff report. This would allow nonconforming units to revert to their former status prior to the adoption of the Secondary Dwelling Ordinance. No one else from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved by consensus motion for recommendation "C". The Secondary Unit Ordinance would also include another chapter which would regulate inspection, correction and permits for non-conforming secondary units. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Hamilton voted no. Mr. Ferrito abstained. Mrs. Benjamin was absent. Mr. Carlson by consensus motion moved to have a separate section for nonconforming secondary units that would required mandatory inspection, correction and permits. Mayor Ventura seconded. There was clarification by the Town Attorney on permits and certifications. Mr. Carlson withdrew this motion. Mr. Carlson moved to refer the matter to staff per a consensus motion and bring back a draft ordinance for introduction at the meeting of March 2, 1987. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Hamilton voted no. Mr. Ferrito abstained. Mrs. Benjamin was absent. No action was taken on the resolution. SECONDARY DWELLING UNIT PERMIT APPLICATION FEE Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider establishment of a filing fee for secondary dwelling unit permit applications. Continued from January 26, 1987. No one from the audience wished to speak on this issue. Mr. Ferrito moved the public hearing be closed. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved the fee for illegal secondary units be set at $500.00 per unit. There is an expiration date and after that date illegal secondary unit will no longer be able to apply. Mayor Ventura seconded. Carried by three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson moved, for nonconforming units, the fee be zero until the end of this year. Mr. Hamilton seconded. Carried by a vote of three ayes. Mr. Ferrito voted no. Mrs. Benjamin was absent. Mr. Carlson moved that as of January 1, 1988 the fee for nonconforming secondary dwelling units be $500.00 per unit. Mayor Ventura seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson moved annexed properties be exempt from the $500.00 fee if they file within one year from annexation. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Staff to return with resolution for adoption at the meeting of March 2, 1987. PREZONING 33 ACRES SOUTH OF GUADALUPE COLLEGE Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on the prezoning of approximately 33 acres of property located immediately south of Guadalupe College, consisting of Assessor's Parcel number 537-05-010 and 015, to RC (Resource Conservation. Owner, Sisters of Charity of the Blessed Virgin Mary. No one from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to make the Negative Declaration. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson moved to make the finding that the zone change is consistent with the General Plan. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. PREZONING TO RESOURCE CONSERVATION. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Deputy Clerk read title of the ordinance. Mr. Carlson moved the ordinance be introduced. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. ZONE CHANGE APPLICATION Z-86-9 Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning commission recommendation on Zone Change Application Z- 86-9, to consider the prezoning of approximately 170 acres of property located easterly of State Highway 17 and southerly of the existing Town of Los Gatos limits consisting of APN's 537-01-004, 537-02-002, 007, and 009; 537-05-002 and 016; to RC (Resource Conservation) and rezoning from HR-2 1/2 (Hillside Residential -1 1/2 to 10 acres for each dwelling unit) to RC (Resource Conservation) for a 2.78 acre parcel in the same general location just southerly of Euclid Avenue (Assessor's Parcel Number 537-02-006. Property owner Midpeninsula Open Space District and Town of Los Gatos. Formerly Novitiate property. No one from the audience wished to speak on this issue. Mr. Carlson moved to close the public hearing. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to make the Negative Declaration. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson moved to make the finding that the requested zone change is consistent with the General Plan. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr./ Hamilton voted no. Mrs. Benjamin was absent. Mr. Ferrito moved the reading be waived for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO. PREZONING TO AND A CHANGE IN ZONE FROM HR-2 1/2 TO RC. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Deputy Clerk read title of the ordinance. Mr. Ferrito moved the ordinance be introduced. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. ZONE CHANGE APPLICATION Z-86-13 Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on Zone Change Application Z-86-13, to consider the change in zone of two parcels of land containing approximately 196 acres of property located southerly of Kennedy Road and northerly of the Town's southerly limit, consisting of APN's 537-08-002 and 537- 13-009, from HR-20 (Hillside Residential, 20-160 acres for each dwelling unit) to RC (Resource Conservation). Property owner Midpeninsula Regional Open Space. Formerly Eilertsen property. No one from the audience wished to speak on this issue. Mr. Carlson moved the public hearing be closed. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved for the Negative declaration. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson finds the requested zone change consistent with the General Plan. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO._____FROM HR-20 TO RC. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Deputy Clerk read title of the ordinance. Mr. Ferrito moved the ordinance be introduced. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs.Benjamin was absent. ZONE CHANGE APPLICATION Z-86-13 Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning Commission's recommendation on Zone Change Application Z-86-13, to consider the change in zone of two parcels of land containing approximately 196 acres of property located southerly of Kennedy Road and northerly of the Town's southerly limit, consisting of APN's 537-08-002 and 537-13-009, from HR-20 (Hillside Residential, 20-160 acres for each dwelling unit) to RC (Resource Conservation). Property owner Midpeninsula Regional Open Space. Formerly Eilertsen property. No one from the audience wished to speak on this issue. Mr. Carlson moved the public hearing be closed. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved for the Negative Declaration. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved for the Negative Declaration. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Carlson finds the requested zone change consistent with the General Plan. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Mr. Ferrito moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.____FROM HR-20 TO RC. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. Deputy Clerk read title of the ordinance. Mr. Ferrito moved the ordinance be introduced. Mr. Carlson seconded. Carried by a vote of three ayes. Mr. Hamilton voted no. Mrs. Benjamin was absent. TRAFFIC SIGNAL LOS GATOS-ALMADEN & LEIGH AVENUES The City of San Jose Requested participation in the construction of a traffic signal at the intersection of Los Gatos-Almaden Road and Leigh Avenue. Mr. Carlson does not feel this is a critical intersection in term of any kind of level of service; can see no record of accident history; drives through intersection a lot and has never had any kind of a problem at all and can see no reason to spend any money on the intersection. Mr. Ferrito is not sure he wants to help San Jose improve their intersections when San Jose generates most of the traffic and wants facts before spending $10,000.00 to assist the City of San Jose. Mayor Ventura feels this is an opportunity to meet with San Jose and discuss the broad range of concerns regarding mutual borders. This light should be one of a number of issues that should be discussed. Mr. Zapf, Town Engineer, spoke on the extensive warrants studies done by the City of San Jose on this intersection and answered Council's questions. Mayor Ventura moved to defer action. Mr. Carlson moved to issue an encroachment permit to the City of San Jose and instruct the Mayor if he wishes to discuss this with the City of San Jose, to do so. But not be authorized to commit $10,000.00. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. 10-KILOMETER RACE - SUNDAY MARCH 29, 1987 The Los Gatos Elementary Education Foundation requested permission to hold a 10-Kilometer Race on Sunday, March 29, 1987. Steve Beritzhoff, Director of the Los Gatos Elementary Educational Foundation, spoke in support of their request. Glenda Stephen, President of the Los Gatos Elementary Education Foundation also spoke and answered Council's questions. Police Chief is to meet with them and review the route and map submitted to Council. Mr. Carlson moved to continue this to the Adjourned Regular Meeting on February 23, 1987. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Steve Beritzhoff and Glenda Stephen had met with the Chief of Police during the Council meeting and returned with an amended proposal to use the Los Gatos Marathon course. Mr. Carlson moved to approve the Los Gatos Elementary Education Foundation's request for a race, using the Los Gatos Marathon course, on Sunday, March 29, 1987. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito left the meeting. 17020 LOS CERRITOS DRIVE (YUEN) Mrs. Campbell presented Council with pictures and a petition to support of the installation posts delineating the edge of the driveway. Mr. Carlson moved to accept staff recommendation and concur with the Town Engineer's determination that an Encroachment Permit is not required for the posts delineating the edge of the edge of the driveway at 17020 Los Cerritos Drive. Mr. Hamilton seconded. Carried by a vote of three ayes. Mrs. Benjamin and Mr. Ferrito were absent. Mr. Ferrito returned to the meeting. Mr. Yuen arrived after the discussion of the Vasona/Hwy 17 Corridor Phase I. He spoke to Council regarding the aesthetic of the 2x4 posts and requests they be removed or covered in some manner that would be more pleasing. There was further Council discussion and a decision for staff to contact Mr. & Mrs. Campbell and discuss some type covering for the posts. Staff to give follow up report to Council. VASONA/HWY 17 CORRIDOR PHASE I An agreement between Santa Clara County Transit District and the Town of Los Gatos for cost of the Vasona/Highway 17 Corridor Phase I Alternative Analysis was submitted for Council approval. Rebecca Day, representing Santa Clara County Transit, spoke on their request and submitted an outline of additional study costs for the additional BART Alternative and Route 85 Corridor Extension. There was discussion by Council regarding paying more than the Town's share; accessing Vasona Corridor and 85 Corridor; whether there is a need for BART. Mayor Ventura suggested taking 25% of the $52,000.00 and ask the other agencies to match the Town contribution. Mr. Ferrito suggested 12 1/2% of the $52,000.00 and add to the $31,250.00. Mr. Ferrito moved to increase the amount by 12 1/2% (6,500.00) for a total of $37,750.00. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. SAN FRANCISCO BAY BASIN WATER QUALITY CONTROL PLAN This was pulled from the agenda at the request of staff. DOWNTOWN PARKING ASSESSMENT DIST. The Town Attorney reported with regard to participation of Mr. Ferrito and Mr. Hamilton, on this item, there is a potential conflict of interest that has not been resolved as of this date. She has asked the Fair Political Practices Commission for an advice letter with regard to the Council members participation in voting on this item concerning the formation of the Parking District because each Council member has a business located in the district. Therefore, the Town Attorney has advised the Council members to abstain from voting until this issue has been cleared. Mr. Ferrito stated he would not sit in his Council seat for this item. Mr. Hamilton stated he has made known the conflict of interest since he was elected and feels it is a late date and object this going any further without knowing whether or not he can vote on this issue. The Town Attorney expects an advise letter before the March 23, 1987 date. The Town Engineer stated there are two correction. Resolution No. 1987-14, page 1, change "7:30 o'clock a.m." to "7:30 o'clock a.m." to "7:30 o'clock p.m". Kenneth Jones with Jones, Hall, Hill and White, and Rex Morton, Parking Commissioner, answered Council's questions. Robert Hamilton questioned the possibility of changes in the assessments. Mr. Jones stated if there was a decrease in the assessment amount, a redistribution of the amounts within the individual ceilings and within the total amount could be accomplished without additional hearings. If any individual assessment or increased the total this would required an additional hearing. Virginia Horler of Rauscher, Pierce Refsner, Inc. was also present. Mr. Carlson moved for adoption of Resolution No. 1987-12 entitled, A RESOLUTION OF PRELIMINARY DETERMINATION AND DIRECTING PREPARATION OF REPORT UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Ferrito and Mr. Hamilton abstained due to possible conflict of interest. Mrs. Benjamin was absent. Mr. Carlson moved for adoption of Resolution No. 1987-13 entitled, A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Ferrito and Mr. Hamilton abstained due to possible conflict of interest. Mrs. Benjamin was absent. Mr. Carlson moved adoption, as corrected, of Resolution No. 1987-14 entitled, A RESOLUTION PRELIMINARILY APPROVING ENGINEERS'S REPORT UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE AND FIXING TIME AND PLACE OF HEARING THEREON. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Ferrito and Mr. Hamilton abstained due to possible conflict of interest. Mrs. Benjamin was absent. Mr. Carlson moved for adoption, as corrected, of Resolution No. 1987-15 entitled, A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT UNDER DIVISION 12 OF THE STREETS AND HIGHWAYS CODE,. APPOINTING TIME AND PLACE OF HEARING PROTESTS AND DIRECTING NOTICE THEREOF, AND DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT AND DIRECTING FILING OF BOUNDARY MAP. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Ferrito and Mr. Hamilton abstained due to possible conflict of interest. Mrs. Benjamin was absent. PROPOSED CBD PARKING ASSESSMENT DIST. Mr. Carlson moved for the adoption of Resolution No. 1987-17 entitled A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR LEGAL SERVICES. Mayor Ventura seconded. Carried by a vote of two ayes. Mr. Ferrito and Mr. Hamilton abstained due to possible conflict of interest. Mrs. Benjamin was absent. This resolution authorizes the Mayor to execute an agreement with the firm of Jones, Hall, Hill, and White, A Professional Law Corporation, for the purpose of providing legal services in conjunction with the proposed CBD Parking Assessment District. MID-YEAR BUDGET REPORT The Town Manager, Deborah Swartfager, spoke on the mid-year budget report. This includes a review of general fund revenues and expenditures, community service fund and downtown parking fund. The period covered is July 1 through December 31, 1986. A discussion was held on supplemental appropriations and none were authorized. Mayor Ventura stated, for the record, he can't support the request for increased funding in the Treasurer's Department because no written communication from the Treasurer substantiating why he has gone over budget; the Treasurer is not here to present his case; these issues were discussed in June at budget time and the Treasurer has been told twice the appropriate time to consider increase in staffing for his department would be during the budget review in June of this year; and the Treasurer can not take upon himself the increases for his department because this undermines the budget process and the fiscal responsibility the Council is entrusted with. Mayor Ventura is not opposed to increase funding of the Treasurer's Department and has twice supported increasing the hourly wage for the temporary employee. But can't support on the information received tonight. SPORT HUNTING MOUNTAIN LIONS Mayor Ventura reported the California Department of Fish and Game proposed sport hunting of Mountain Lions. There is controversy on the number of wild mountain lions and before any hunting is to be reinstituted there should be some specific data available. Mayor Ventura moved since the Town of Los Gatos is named after the mountain lions, the Town should go on record supporting Assemblyman Bates bill (Bill #467) that would reinstitute the ban on the hunting of mountain lions. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. CRUISING - N. SANTA CRUZ AVE. The Chief of Police answered Council's questions regarding extending the restrictions beyond October. Mr. Carlson moved for the adoption of Resolution 1987-18 entitled, PARKING RESTRICTION - N. SANTA CRUZ AVENUE. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. This Resolution prohibits stopping, standing,or parking of a motor vehicle between the hours of 2:00 p.m. and 9:00 p.m. on Sundays and Town Holidays, from March 1 through October 1, 1987. Mr. Carlson moved to waive the reading for AN ORDINANCE AMENDING ARTICLE X CHAPTER 16 OF THE TOWN CODE TO INCREASE PENALTY FOR CRUISING. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. The Deputy Clerk read the title of the ordinance. Mr. Carlson moved to introduce the ordinance. Mayor Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson; moved to endorse staff;s contingency plan to enforce on as-needed basis from October to February Town Code Section 16-54(a) - Emergency Temporary Parking Prohibition between 2:00 p.m. and 9:00 p.m. on Sundays and Holidays on N. Santa Cruz Avenue between W. Main Street and Bachman Avenue. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to approve a Supplemental Appropriation from the General Fund Appropriated Reserve in the amount of $3,000.00 for replacement of parking signs. Mr. Ferrito seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. ADJOURNMENT Mayor Ventura adjourned the meeting of February 17, 1987 at 10:45 p.m. to a regular adjourned meeting on February 23, 1987 at 7:30 p.m. ATTEST: Rebecca L. Yates Sr. Deputy Clerk