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M 07-07-86TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA JULY 7, 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., in regular session. ROLL CALL PRESENT:Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Brent N.Ventura and Mayor Terrence J. Daily. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT The Town Attorney, Mary Jo Levinger, reported that Council met in Closed Session on June 30, 1986 and discussed labor relations and there is no report from that discussion. On July 1, 1986 the Closed Session scheduled to discuss labor relations was not held. Prior to tonights Council meeting, pursuant to Government Code Section 54956.9(a), Council met in Closed Session and discussed Flores vs. Town and Council authorized settlement of workers compensation action in the amount of $45,000.00; Landis vs. Town there is nothing to report and Town vs. Ferrari there is nothing to report. Pursuant to Government Code Section 54956.9(c) claim of Pamela Cohn, it was determined that there was significant exposure to litigation and Council authorized payment of that claim in the amount of $1,636.25. Council also discussed labor relations and there is nothing to report. BID AWARD LEGAL ADVERTISING It was noted this item was continued from the meeting of June 16, 1986, due to questions regarding bidding procedures. The Town Clerk answered questions of Council on legal publications for the last year. Speaking on the issue was Jorie Dunlap of the Los Gatos Weekly and Terrence Donnelly the new owner of the Los Gatos Times Observer. After further discussion, Mr. Carlson moved that due to circumstances that both bids be rejected and new Request for Proposal be prepared with detailed requirement the Town is requesting regarding community service page and be sent to both newspapers. Mr. Ventura seconded. Carried unanimously. APPEAL GUADALUPE RUBBISH DISPOSAL Mayor Daily stated appellant has requested continuance of this agenda item to July 21, 1986. No one in the audience wished to speak on this matter. Mrs. Benjamin moved request for continuance to the July 21, 1986 Council meeting be granted. Mr. Ventura seconded. Carried unanimously. APPEAL LOS GATOS CONVALESCENT HOSPITAL INC. Mayor Daily stated the appellant has requested continuance of this public hearing to July 21, 1986. No one in the audience wished to speak on this issue. Mrs. Benjamin moved request be granted and continued this to July 21, 1986. Mr. Ventura seconded. Carried unanimously. APPEAL SECONDARY DWELLING UNIT (MC MANIS) Mayor Daily stated the appellant and the Town Attorney has requested this item be continued to August 4, 1986. Mrs. Benjamin moved request be granted and continue this hearing to August 4, 1986. Mr. Carlson seconded. Carried unanimously. ZONE ORDINANCE AMENDMENT A-86-3 NUMBER OF BMP UNITS Mayor Daily stated due to the lengthy agenda for tonights meeting, this item will be considered at a continued Council meeting to be held July 14, 1986. Mrs. Benjamin moved to continue this item to July 14, 1986. Mr. Carlson seconded. Carried unanimously. ZONE ORDINANCE AMENDMENT A-86-2 MAXIMUM HEIGHT OF RESIDENTIAL STRUCTURE Mayor Daily stated due to the lengthy agenda for tonights meeting, this item will be considered at a continued Council meeting on July 14, 1986. Mrs. Benjamin moved to continue this item to July 14, 1986. Mr. Carlson seconded. Carried unanimously. BID AWARD PROJECT 323 SHANNON ROAD SAFETY IMPROVEMENTS & PROJECT 324 HICKS ROAD SAFETY IMPROVEMENTS It was noted that only one bid was received for Project 323, Shannon Road Safety Improvements and Project 324, Hicks Road Safety Improvements. The Town Engineer, Ronald Zapf, answered questions of Council regarding the receipt of only one bid. After further discussion, Mr. Carlson moved to award the contract to Norman B. Houge, Inc., in the corrected amount of $72,104.25; and authorize the Mayor to sign the contract on behalf of the Town. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura voted no because there was no competitive bid on Project 323. BID AWARD PROJECT 327 STREET RESURFACING It was noted four bids were received ranging from $183,732.30 to $210,887.26. There was discussion on this bid. Mr. Carlson moved to award the contract to Piazza Construction in the amount of $183,732.30 and authorize the Mayor to sign the contract on behalf of the Town. Mrs. Benjamin seconded. Carried unanimously. BID AWARD PROJECT 316 BLOSSOM HILL RD. PEDESTRIAN/BICYCLE PATH IMPROVEMENTS It was noted bids were received in the amount of $68,339.00 and $74,444.44. The Town Manager explained in order to fund this Project, it is recommended that Council authorize a supplemental appropriation from Gas Tax in the amount of $76,000.00. Mr. Carlson moved to continue this bid award until after the approval of the budget. Mr. Ferrito seconded. Further discussion was held whereby Mr. Ferrito withdrew his second. Motion died. Mrs. Benjamin moved to award the bid to Norman B. Houge, Inc., in the amount of $68,339.00; authorize the supplemental appropriation of $76,000.00. Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Carlson abstained stating he is for the project but does not feel Council should award the bids before they fund them. Mrs. Benjamin stated her intent is to see that this project is accomplished and will make sure it is in the budget. WRITTEN COMMUNICATIONS (referral/file) a.Letter received from Alan Pare regarding development of Johnson Hollow Tract 7660. Mrs. Benjamin moved letter be referred to the Town Manager for response. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito stated when response is made it should address each concern that is stated in the letter. b.Letter from Larry Arzie regarding the Parking Assessment District in the downtown area. Mrs. Benjamin moved to refer this letter to the Town Manager for a report at the July 21, 1986 meeting. Mr. Carlson seconded. Carried unanimously. c.Letter received from Joseph Denicola and Cynthis Furze requesting Council to adopt a waste reduction program of 25% or more over the next five years in Los Gatos. Mrs. Benjamin moved to refer this request to the Town Manager for a report at the July 21, 1986 meeting. Mr. Carlson seconded. Carried unanimously. d.Letter from Madame Yvette regarding the gasoline fumes and noisy cars. Letter was noted and filed. SCHEDULE OF PUBLIC HEARINGS Informational report on upcoming scheduled public hearings. PLANNING COMMISSION/DEPARTMENT MONTHLY REPORT Council informational report. COUNTY REFERRALS Mrs.Benjamin moved to accept staff recommendations on the following: 2080-35-50-84DR-84G-85GV-86GA Lot 9 tract 5502 Arnerich Hill Road Westfall Engr., Inc./Home Federal Savings and Loan Recommend that the issues as listed in Planning report be resolved and plans revised prior to approval of this application. Mr. Carlson seconded. Carried unanimously. PARKING COMMISSION ACTIVITY REPORT Parking Commission Activity Report #40 for Council information. NOTICE OF COMPLETION Mrs. Benjamin moved to authorize the Mayor to execute and the Town Clerk to record a Notice of Completion and Certificate of Acceptance for Tract 7635 - Malibu Medical Center at National and Carlton Avenue. Mr. Carlson seconded. Carried unanimously. CABLE TV COMPLAINT (ANAWALT) Mr. Ferrito referred to letter of complaint and questioned reason staff has not answered questions of Mr. Anawalt's complaints and felt staff should look at Town's Franchise Agreement and suggested the Managers of Monte Sereno and Los Gatos review this. No further action was taken at this time. DAMMIT RUN REQUEST Mr. Ventura moved, on suggestion of Town Manager, that this item be continued to July 14, 1986 continued meeting. Mr. Carlson seconded. Carried unanimously. UTILITY POLE WITHIN CURB RETURNS Council informational report. 306 LOS GATOS BOULEVARD REQUEST FOR GUARDRAIL (BUCCI) Mrs. Benjamin moved to confirm the guardrail installation at 306 Los Gatos Boulevard and approve an appropriation from the General Fund Appropriated Reserve in the amount of $1,900.00, for the cost of signal head modification work t Saratoga Avenue and Los Gatos Boulevard. Mr. Carlson seconded. Carried unanimously. YOUTH SCIENCE INSTITUTE 10K RACE Mrs. Benjamin moved to approve the request of the Youth Science Institute to hold the third annual 10-Kilometer run on Sunday, September 14, 1986. Mr. Carlson seconded. Carried unanimously. The race will start at 8:30 a.m. until 9:45 p.m. Included in the conditions for approval of final plans are the requirements that the applicant provide a Hold Harmless Agreement and Special Event insurance coverage naming the Town as other insured in the amount of one million dollars. Four officers will be required for traffic control at a three-hour minimum per officer plus staff planning for a total of $307.06 to be paid by sponsor. NEIGHBORHOOD CENTER LEASE AGREEMENTS Mrs. Benjamin moved for adoption of Resolution No. 1986-85 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO LEASE AGREEMENTS WITH NEIGHBORHOOD CENTER TENANTS. (San Jose State University Health Place; Senior Coordinating Council; The Teen Health Place, Inc.; and Transit Assist for the Fiscal year 86/87). Mr. Carlson seconded. Carried unanimously. SETTING HOURLY EMPLOYEE SALARIES FOR FY 1986-87 Mrs. Benjamin moved for adoption of Resolution No. 1986-86 entitled, A RESOLUTION SETTING HOURLY EMPLOYEE SALARIES FOR FISCAL YEAR 1986-87. Mr. Carlson seconded. Carried unanimously. This resolution sets the salaries for Deputy Treasurer, Library Aide II, Library Aid I, Library Page, Transit Driver, Transit Assist Scheduler, Interns, Maintenance Worker (Temp), Neighborhood Center Aids, Crossing Guards and Student Workers. CHUNG-HO SISTER CITY Mrs. Benjamin moved for adoption of Resolution No. 1986-87 entitled, A RESOLUTION AMENDING RESOLUTION NO. 1984-204 SELECTING CHUNG- HO, TAIWAN, REPUBLIC OF CHINA AS A SISTER CITY TO THE TOWN OF LOS GATOS. Mr. Carlson seconded. Carried unanimously. CDBG AGREEMENTS Mrs. Benjamin moved for adoption of Resolution No. 1986-88 entitled, A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH FISCAL YEAR 1986-87 COMMUNITY DEVELOPMENT BLOCK GRANT RECIPIENTS, (Agreements will be negotiated with Catholic Social Services of Santa Clara/Ombudsman Program; Community Housing Developers; The Food Bank, Inc. of Santa Clara; Live Oak Adult Day Services; Los Gatos Saratoga High School District; San Jose State University Health Place; Senior Coordinating Council; and Teen Health Place, Inc.). Mr. Carlson seconded. Carried unanimously. M.O.U. TOWN EMPLOYEES ASSOCIATION Mr. Ventura moved, on suggestion of Town Manager, to continue this issue to the Continued Regular Meeting of July 14, 1986. Mr. Carlson seconded. Carried unanimously. M.O.U. AFSCME LOCAL NO. 101 Mrs. Benjamin moved for adoption of Resolution No. 1986-89 entitled, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL NO. 101. Mr. Carlson seconded. Carried unanimously. MINUTES JUNE 16, 1986 Mr. Ferrito requested rewording of the 7th sentence from the bottom of page 7 to read, "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.". Mr. Ferrito moved minutes of June 16, 1986 be approved as amended. Mr. Carlson seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained. She was absent from the meeting of June 16, 1986. MINUTES JUNE 30, 1986 Mr. Carlson moved the minutes of June 30, 1986, be approved as submitted. Mr. Ventura seconded. Carried unanimously. PAYROLL & RELATED WARRANTS JUNE 20, 1986 Mr. Ventura moved the payroll for June 20, 1986 in the amount of $127,549.41 and related warrants in the amount of $115,769.13. Mr. Carlson seconded. Carried unanimously. PAYROLL & RELATED WARRANTS JULY 3, 1986 Due to questions raised regarding some figures on the July 3, 1986 payroll, Mr. Carlson moved the approval be continued to the meeting of July 14, 1986. Mrs. Benjamin seconded. Carried unanimously. WARRANTS JUNE 1986 Mr. Carlson moved a portion of the warrants for June, 1986, in the amount of $269,367.84 be approved as submitted. Mrs. Benjamin seconded. Carried unanimously. It was also noted Mr. Carlson requested more detailed information or description regarding warrants. TREASURER'S REPORT Mayor Daily stated Council was in receipt of the Town treasurer's report for May, 1986, and it would be noted and filed. APPEAL GUADALUPE COLLEGE Mayor Daily stated this was the time and place duly noted for public hearing to consider the certification of an Environmental Impact Report and an 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 (prezoned) Zone HR-5. Mr. Bowman stated the EIR had been certified by the Planning Commission so that all that is before Council tonight is the appeal of the denial of Conditional Use Permit Application U-84-6. Mr. Bowman then answered questions of Mr. Ventura regarding parking lot and roadway to the property. Mr. Bowman stated if Council approves the project, Planning recommends not only the preparation of a resolution, but Council must also consider statement of overriding considerations as the EIR has made recommendations against the project on various stages. Any referral for preparation of resolution will need the facts Council is using as the basis for overriding considerations. Mr. Ferrito referred to the fact that two years ago Council reaffirmed three main conditions concerning use of Guadalupe College. 1) access from highway 17; 2) no additional building be permitted on site; and 3) the applicant provide a permanent open space dedication of some type to the Town and/or Midpeninsula Open Space District of all the land not currently occupied by buildings. There were questions if Council still maintained the three conditions and if they would be placed on the Conditional Use Permit. Mr. Bowman answered yes. Sister Laurien Brady, Treasurer of the Sisters of Charity, spoke on wasted resources and costly expense on maintenance of the unused property of Guadalupe College. This property has been vacant since 1968 and there have been many potential buyers. Mr. Bedolla, Agent for the Sisters of Charity, spoke on world wide interest and referred to the potential buyers of property. He thinks the Planning Commission erred in their decision in that they indicated there was some geological instability of the proposed access road; it was dangerous access and egress to and from highway 17 onto this access road; and Foster Road is not a viable road or access to the college. He named various roads around Lexington area that are very instable and have geological maps showing this. Access road built 25 years ago up to Guadalupe College is very stable. Mrs. Benjamin questioned parking spaces. Mr. Bedolla could not give exact number but feels its at least 40 spaces. Mr. Keith Pritchard, Attorney for the Sisters of Charity, stated he is here to address the legal issues this appeal imposes upon the applicant. He is here to urge Council to consider that the determination by Planning Commission should be overruled and modified. Mr. Pritchard referred to the Planning Commission's decision whereby Planning feels project detrimental to public safety and welfare. He feels the EIR speaks for itself; the applicant is committed to construction of the back road that will take approximately four months; the back road, upon construction of the interchange, would be the sole access to the college; Foster Road would be close at that junction; parking spaces, potentially could be as high as 60 spaces, on the paved portion as it now exists; and the main thing is to agree completely with the EIR. Overriding consideration could be simply with respect to traffic and only right turns be permitted on highway 17. If there are adverse environmental impacts they may either be mitigated or there's no way to mitigate them, then Council has to have statement overriding concerns. Mr. Pritchard answered questions of Council regarding time for construction of interchange on Highway 17 and spoke on costly maintenance of vacant lots. Mrs. Benjamin stated any approval would be on conditions that Council set that would be approved by the staff. It was noted the back road to be constructed to Alma Bridge Road would be a private road and the access to and from Guadalupe College. MJr. Pritchard stated the client will accept the back road as sole access to Guadalupe College if he would be granted a permit to do so. Discussion was held as to number of students that will attend the college. It was noted there would be maximum of 400 students, 30 faculty members and 17 staff members. Council asked Mr. Pritchard if his client would be willing to accept restricted hours of truck service and delivery from outside vendor and to accept a condition of annexation to the Town. Mr. Pritchard stated his client would accept those conditions. Discussion was held on applicant paying a share in building the interchange. Mr. Pritchard stated he could not speak for client but feels money is allocated by state for Caltrans to build the interchange and no individual has been asked to contribute. Voicing their concerns at this hearing were Kathy Anderson; Paul Rosen; Mrs. Mettlebrook, representative of Safe on 17; Charles Dobbs; Mrs. Jo Bartlett; Marilyn Dilles; Eric Hanson; John Thompson; and Ann Atkinson. No one else from the audience wished to speak on this issue. Mr. Ferrito moved hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito stated, "the decision tonight is not whether to build the facility. Its already there and the proposed use discussed tonight is as close to the original use as we can possibly get. The Town previously has opposed a proposal for a semiconductor training center which was approved by the County to be conducted on Black or Bear Creek Road and Council was concerned of a facility like that effecting safety on highway 17. The County approved that so I feel the Safe on 17 group should protest to the Board of Supervisors.:. Consensus motions on project are as follows: Mr. Ferrito moved the Conditional Use Permit be granted subject to certain conditions. Mr. Ventura seconded. No vote on motion whereby Mr. Ferrito stated that the three conditions are affirmations of Council's previous actions of: 1) access to the college from Route 17 only and not from College Avenue or Foster Road; 2) No additional buildings permitted on site; and 3) Applicant must dedicate permanent open space and/or fee simple interest to the Town and Mid Peninsula Open Space District of any land not now permanently occupied by buildings. No vote on motion. Mr. Carlson stated his position is of addressing the environmental impact is not sufficient at the current time. The mistake was made by bringing this to Council at this time and not going back to the DRC. There was further discussion and consensus of Council to vote on each condition separately. Mr. Ferrito restated his motion to grant the Conditional Use Permit subject to access to the Guadalupe College only from Route 17 and not College Avenue or Foster Road. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved that no additional buildings will be constructed on the site. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved that applicant dedicate permanent open space easement and/ or fee to the Town and Mid Peninsula Open Space District in accordance with some subsequent agreement between the Town and Mid Peninsula Open Space District of all land not occupied by buildings. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved that students at college would not own or park any vehicles for use on the site. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved that visiting hours would be restricted to designated times on weekends. Mr. Ventura seconded. Carried unanimously. Mrs. Benjamin moved that only vans, supplied by the University, would be operated on a schedule basis at designated locations from Los Gatos. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin moved that restricted delivery service to the university be between 10:00 a.m. to 2:00 p.m., Monday through Friday only and only single body trucks used until the interchange is completed. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved to have staff look into limitations and restriction of deliveries on weekends and holidays. Access road to be constructed would be a private roadway and would include indemnification to the Town for any liability as a result of the design, construction, maintenance, etc. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved the applicant provide a landscape plan for all new and existing parking lots subject to review and approval of the Director of Parks, Forestry and Maintenance Services. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved that staff set a condition regarding color of building be such that it will blend in harmoniously with the hillside. Subject to the satisfaction of the Planning Director. Mr. Ferrito seconded. Carried unanimously. Mr. Ferrito moved to have staff put together a list of conditions which would incorporate landscaping, color, health, safety, utilities, etc. and come back with presentation to Council regarding their impact. Mrs. Benjamin seconded. Carried unanimously. Mr. Ventura moved to set maximum number of students at 400, 30 faculty members, 17 staff members and these be made part of the Conditional Use Permit. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved that staff contact Caltrans to determine what can be done to alleviate safety problems at the intersection of Alma Bridge Road and Highway 17. Discussion was held on contribution by applicant to Caltrans for interchange on Highway 17. Mr. Ventura moved to amend previous motion to include the following, staff review information and make recommendation to Council regarding contribution from the applicant for study of the interchange or actual cost of the interchange. The intent being Council wishes this money used to help facilitate the earliest possible construction of that interchange on an equitable basis. Mayor Daily seconded. Carried unanimously. Mr. Ventura moved for consensus from Council on two alternatives available for construction of the road. One through Novitiate Open Space area and the other through Lime Kiln Canyon Road. After discussion requested staff to recommend which one best conforms to the roadway standards as set forth in Town Hillside Plan. Mr. Ventura withdrew his motion. Mrs. Benjamin moved that staff study and give Council a recommendation regarding construction of access road to the college as stated above. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Ventura voting no. He feels the Lime Kiln Canyon Road alternative is the one that should be selected based on information Council has available to them. Mr. Carlson moved to place conditions on the number of events to be held on campus and require Council approval for each event as is required for use of Town parks, as these events would cause a major traffic impact. Mr. Ferrito seconded. Carried unanimously. Mayor Daily stated this establishes the conditions. Next is to make findings where the Planning Commission erred. Mr. Ferrito moved Council finds the Planning Commission erred in that it did not consider the fact that the Hillside Plan calls for a back roadway linking the facility to Highway 17 and that it ignored the Town's long standing policy regarding access to facility. Mr. Ventura seconded with amendment to motion that the Planning Commission erred in not giving due consideration to Lime Kiln Canyon Road area for construction of access road to facility. Carried by a vote of four ayes. Mr. Carlson voted no. He opposed motion because the Planning Commission did consider these things when they voted for the General Plan. He also believes motion is incorrect and would like it to be stated incorrect in the record. It does not respect any kind of action, so it is also probably an illegal motion because findings are based on some action you want to take. Mayor Daily moved to recommend that if there are any other findings regarding Planning Commission errors that the Town Attorney deems appropriate then they should be added to the resolution for Council consideration. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Carlson voting no. Mr. Bowman stated conditions as worded right now do not meet the requirements of the EIR for approving the project so will have to come back with a greater specification based on what was said. It will be necessary to reopen the hearing, continue to a date certain, allowing staff to come back with information regarding findings and statements overriding consideration. Mr. Ferrito stated that with conditions Council has suggested, look into EIR and pick out the mitigation measures that are associated with the decision Council made. He wants to make sure there is no automatic approval of this use without Council's conditions. Mr. Pitchard spoke on the delay of adoption of conditions and like to urge Council consideration as soon as possible. Mrs. Benjamin moved hearing be reopened and continued for 45 days and be heard on September 2, 1986. Mr. Ferrito seconded. Carried unanimously. RECESS Mayor Daily declared a recess. Meeting reconvened at 11:10 p.m. PUBLIC HEARING BUDGET 86/87 Mayor Daily stated this was the time and place duly noted for public hearing to consider the Town Budget for fiscal year 1986/87. Mr. Carlson moved by consensus motion that Council allocate from the General Fund Reserve into the Community Service Project along with revenue sharing money enough to insure enough money equal to last years allocation of $109,000.00. This will insure the agencies this amount is available and distribution of said monies to various organizations will be done at a later date and public hearing will be scheduled for that purpose. It was also noted that Service Organizations, Cultural groups, and Boards and Commissions will be funded separately. Mr. Ferrito seconded. Carried by a vote of four ayes. Mr. Ventura voted no, due to his concern on lack of designation of those funds. Speaking to Council regarding request for funds was: Kathy Tuttle, representing Los Gatos Centennial Committee spoke on request for $20,000 funding by the Town. She stated this is a on time funding request and will not be an ongoing community service. The Centennial year is 1987 and plans for celebration commences January 1987. She spoke on funds raising events that have been held. Emma Vargo also spoke on the Los Gatos Centennial funding request. Mike Abkin, Chairman of Community Services Commission, referred to their recommendation on request for funding. Mary Alice Blice thanked Council for their consideration in approving funding for Human Services and non-profits. She was informed that individual requests for allocated funds would be at a later date in the near future. Dale Chambers, Chairman of Sister City committee, spoke on some necessary funding of $200.00 due to delegation from Sister City Chung-Ho, Taiwan, arriving and need for this money to cover some expenses. Town Manager discussed procedures regarding expenditures at end of fiscal year. Tim Petersen, representing the Chamber of Commerce, spoke on request for Christmas lights to be installed on N. Santa Cruz Avenue, north of Saratoga Avenue. The Chamber has raised money for the lights and are requesting that the town workers install lights at cost of $10,000 for labor and materials. Mr. Bryant, Director of Parks Forestry and Maintenance explained procedure of installation stating there would be $8,000 cost of materials and $2,000 for labor. Patty Wilson commended Council on their decision to allocate funds for the various organizations. No one else from the audience wished to speak. Mr. Ventura moved public hearing be closed. Mr. Carlson seconded. Carried unanimously. CONTINUE MEETING PAST MIDNIGHT Mr. Ferrito moved Council meeting be continued past midnight to consider balance of the agenda. Mr. Carlson seconded. Carried unanimously. PUBLIC HEARING BUDGET 86/87 (CONTINUED) Mayor Daily stated they would now consider the 86/87 budget by voting to approve or deny recommendations as noted in preliminary budget. The Town Council Budget in amount of $36,277, (noting a 3% decrease). Mr. Ventura moved approval of Council budget. Mrs. Benjamin seconded. Carried unanimously. Town Treasurer Budget. The Town Manager spoke on areas of increase in proposal. Discussion was held on increase of wages for Deputy Clerk. Noting overall budget is a requested 53% increase. Continued to end of budget hearing. Town Clerk Budget. The total budget of $148,875 which includes l/2 time Deputy Clerk. Mr. Ferrito moved for approval of the Town Clerk budget noting this is less than 2% increase. Mr. Ventura seconded. Carried unanimously. Town Attorney Budget. The total budget of $213,600 which includes an additional 1/2 time Law Clerk. The Manager stated during budget work session it was suggested some litigation be deleted from Town Attorney's Budget. She suggested that $25,000 be taken from Attorney's budget and put it in General Town Administration or, delete that amount and take from appropriated reserve at the proper time. Mr. Carlson moved to delete $25,000 and take from appropriated reserve as needed. Mr. Ferrito seconded. Mr. Ventura feels should be placed in General Town Administration. After further discussion Mr. Ferrito withdrew his second. Motion died. Mr. Ventura moved to take the $25,000 and put it into General Town Administration. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mrs. Benjamin voted not and record to show that no need to put into General Town Administration if it is not needed. Total budget will be $188,600. Town Manager Budget. The Manager referred to budget stating $32,125 would be deleted. Increases in personnel would be Finance Administrator and 1/2 time intern. Request for three new terminals throughout Town operation, one for Attorney's secretary, one for Managers secretary and one for Planning. Mrs. Benjamin questioned looking into a complete overhaul of computer system. Manager feels when there is a crunch on to get work out the terminals are needed. Mr. Ferrito moved for approval. Mrs. Benjamin would move for approval of Finance Director and three terminals but not the intern. Mayor Daily seconded. Mr.Ferrito's motion of approval. Mr. Carlson stated he does not see enough indication to justify the increase expenditure and would like to see indicators for extra expenditures. Mr. Carlson asked Mr. Ferrito if he would be willing to add to motion that there be performance and workload indicators for this position as set forth by the Manager. Mrs. Benjamin cannot support motion because it includes a 1/2 time intern with the increased service level without knowing what the service levels will be and can not spend $8,000 for that. Mr. Ventura cannot support motion. He is not convinced given the existing positions authorized in terms of assistant Manager to add new personnel. Mr. Carlson voted no. He agrees with Mrs. Benjamin. Motion fails. Mr. Ventura moved for approval of intern. Motion fails due to lack of second. Mrs. Benjamin moved for approval of Financial Director. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura voting no. Mrs. Benjamin moved for approval of three terminals. Mr. Ventura seconded. Carried unanimously. Mr. Ventura moved for approval of intern. Mr. Ferrito seconded. Carried by a vote of three ayes. Mr. Carlson and Mrs. Benjamin voted no. Total budget $410,752. Elections Budget. Mr. Ferrito moved for approval of Election Budget in amount of $5,000.00. Mrs. Benjamin seconded. Carried unanimously. General Town Administration Budget. General Town Administration budget in the amount of $891,626 which includes $200,000. cost for review of computer system. The Manager reported on the review of computer system. Discussion was held and Mr. Ventura moved to put $200,000 into equipment reserve for computer study and future equipment acquisition. Mr. Carlson seconded. After further discussion, Mr. Carlson withdrew his second. Motion died. Mr. Carlson moved to put $200,000 back into the General Fund Reserve. Mrs. Benjamin seconded. Carried unanimously. Total budget is $691,626. Insurance Budget. Mr. Carlson moved for approval in the amount of $230,000. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Emergency Services Budget. Mr. Carlson moved for approval in the amount of $3,000. Mrs.Benjamin seconded. Carried by a vote of four ayes. Mr. Ventura was absent. Planning Department Budget. The Manager spoke on the programs stating increase is a secretary from 1/2 time to full time and some files. Mr. Carlson moved for approval of entire Planning Department Budget in the amount of $450,161. Mrs. Benjamin seconded. Carried unanimously. Building Department Budget. The Manager stated only increase would be 5/8 time secretary to full time. Mr. Ventura moved for approval of entire Building Budget in the amount of $221,980. Mr. Carlson seconded. Carried unanimously. Engineering Department Budget. Mr. Carlson noted this budget is same level of service for less money and moved to approve the Engineering Department Budget in the amount of $625,499. Mr. Ferrito seconded. Carried unanimously. Police Department Budget. Mr. Carlson stated it doesn't show, but the Town is actually getting better service for less money, and moved for approval of Police Department Budget in total amount of $3,456,725. Mr. Ventura seconded. Carried unanimously. Library Department Budget. The Manager stated only increase is Video Cassette Program. Mr. Carlson moved for approval in the total budget amount of $706,570. Mr. Ventura seconded. Carried by a vote of four ayes. Mrs. Benjamin voting no as we already have several private enterprises in Town which provide the same service and does not feel it should be duplicate. Parks Department Budget. The Manager stated the only increase is Temporary Park Ranger. Discussion was held on Downtown Parking Program fund. Mr. Carlson moved for approval of Parks, Forestry, and Maintenance Budget in the amount of $2,652,726. Mrs. Benjamin seconded. Carried unanimously. Community Services Budget. The Manager stated the only changes are the deletion of "Director" and creation of "Program Manager"; reduction of 25% Clerical; and creation of Historical/Arts Coordinator. Discussion was held on allocating funds to the Arts Commission and Youth Advisory Commission. Mr. Carlson stated in modifying this budget he moved to allocate the Arts Commission and Sister Cities Commission $500.00 each for operations that they can recommend how its spent; allocate 500.00 for Community Services Commission; and $500.00 for Youth Commission. These amounts to be used for basic operations and not events. Mr. Ferrito seconded. Carried unanimously. Mr. Carlson moved allocation of $20,000.00 for Centennial Committee. Mr. Daily seconded. Carried by a vote of two ayes. Mrs. Benjamin, Mr. Ferrito and Mr. Ventura abstained. Mr. Carlson moved to allocate $81,750.00 fund various organizations. Mr. Ferrito seconded. Carried unanimously. Mrs. Benjamin stated that out of $81,750.00 she would like to see a distinction between Art and Cultural versus other Human Services. She doesn't feel they should compete. Mrs. Benjamin moved for approval of the budget for Community services. Mr. Carlson seconded. Carried unanimously. Downtown Parking Authority Budget. Mr. Carlson moved approval of budgeted amount of $73,448, subject to conditions. Mrs. Benjamin seconded. Carried unanimously. General Fund Reserve Budget. Mr. Carlson moved for approval in the amount of $100,000. Mrs. Benjamin seconded. Carried unanimously. Revenue Sharing Budget. Mr. Carlson moved for approval of the Revenue Sharing Budget in the amount of $39,118.00. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Ferrito abstained. Mayor Daily left the meeting at 12:45 a.m. Vice-Mayor Ventura took the Chair. Equipment Reserve Budget. Mr. Carlson moved for approval in the amount of $263,030. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily was absent. Worker's Compensation Budget. Mr. Ferrito moved for approval in the amount of $119,372.00. Mr. Carlson seconded. Carried by a vote of four ayes. Mayor Daily was absent. Debt Services Budget. Mr. Carlson moved for approval in the amount of $112,515.00 for outstanding bonds. Mr. Ferrito seconded. Carried by a vote of four ayes. Mayor Daily was absent. Capital Improvements Budget. Due to absence of Mayor Daily, Mr. Ferrito moved to continue adoption of Capital Improvements Program to July 14, 1986. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Mr. Carlson moved to add a performance indicator that within six months we have these indicators complete and have the new indicators. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Town Treasure's Budget. The Manager gave new figures for said budget as follows: Personnel - $16,550.00. Treasurer salary and Deputy Treasurer. Capital Equipment - $525.00. Bookcase, credenza and typing table. Benefits - $2,708.00. Materials - $6,595.00. Includes bond payments. Mr. Carlson moved for approval of above figures. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Adoption of Resolution adopting the 86/87 budget and resolution setting the 86/87 appropriation limit will be continue to July 14, 1986 meeting. REZONING BROADWAY Mr. Ferrito moved to refer desk item of a petition requesting rezoning of Broadway to the Planning Commission for report. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. DOWNTOWN CRUISERS Nick Frank, 135 Apricot Lane, co-owner of Bare Escentuals on N. Santa Cruz Avenue, spoke on problems brought on by cruisers downtown. He wished to make Council aware of various problems and propose some sort of ad hoc committee that would meet on a regular basis to try to solve the problems. Discussion was held on this. Mr. Carlson stated the Town has tried every thing and welcomes any suggestion and referred to amount paid police officers just to handle this problem on weekends. Mr. Frank suggested plain clothes police officers instead of uniform personnel; have ad hoc committee to work with Police, and Attorney and other Town departments; and meet regularly to keep on top of this problem. It was noted that the newspapers have not been helpful in their press notices regarding cruisers. Diane Richardson, 99 Los Gatos Boulevard, co-owner of Bare Escentuals also spoke on the problem. Also speaking was Mina Fowler, owner of Idamina's, stating she feels we have too much control and the less said about it the better. Chris Benson, co-owner of CB Hannegan's, feels there is a lot of overreaction. Closing Highway 17 incoming ramp is fine but don't close the other end at Bachman. He suggested using the diverters for 1/2 hour to hour at a time and extension of no parking on N. Santa Cruz Avenue until 9:00 p.m. Closing both ends stops anyone coming downtown to shop. Chief of Police, Frank Acosta, spoke on use of plain clothes officers but feels the visibility of uniformed officers will deter some of the conduct that is offensive but not a violation. Mr. Ferrito moved for adoption of Resolution 1986-90 entitled, RESOLUTION AMENDING THE RESOLUTION ON PARKING REGULATION CONCERNING STOPPING, STANDING, PARKING PROHIBITED. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. Mr. Stanley, from the audience, feels not all cruisers are bad and spoke on the harassment of the youth. Vice-Mayor Ventura asked Mr. Stanley to leave his name with the Police Chief and then he can be invited to attend these meetings being planned. Mr.l Carlson moved to authorize the Chief to meet with merchants committee twice a week until problem is solved. The committee is to include the Chief and any member of the public that interested in helping to solve the problem of cruisers. The committee is to meet twice a week, once before weekend to decide what action to take and after weekend to see what worked. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mayor Daily was absent. CONSOLIDATION OF NOVEMBER ELECTION Mr. Carlson moved to modify Section 5 of the proposed resolution eliminating any charges for printing, handling statement of qualifications in conjunction with the November 4, 1986 election of Council members and adopt revised Resolution No. 1986-91 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 4, 1986; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTION AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF CANDIDATE'S STATEMENT; AND, PROVIDING FOR GIVING NOTICE OF ELECTION. Vice-Mayor Ventura seconded, Carried by a vote of two ayes. Mrs. Benjamin and Mr. Ferrito abstained and Mayor Daily was absent. SISTER CITY COMMITTEE 1986-87 FUNDS Mr. Carlson moved to approve the request for Fiscal Year 1986-87 funding of $200.00 to defray the costs of a recognition dinner for the sister City delegation from Chung-Ho, Taiwan. Mr. Ventura seconded. Carried by a vote of four ayes. Mayor Daily was absent. This money will be deducted from the $500.00 funding to the Sister City Committee. ADJOURNMENT The Town Attorney stated meeting be adjourned to Closed Session July 14, 1986, to discuss acquisition of Boyle property at 20 Grays Lane and discuss labor relations. Vice-Mayor Ventura declared the meeting be adjourned at 1:47 a.m. on Tuesday July 8, 1986. ATTEST: Rose E. Aldag Town Clerk