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M 03-16-87TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 16, 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. CLOSED SESSION REPORT Town Attorney Levinger, reported on closed session that was held prior to tonight's meeting, stating pursuant to Government Code Section 54956.9 (c) discussion was held on the institution of litigation against electrical contracting firms whereby Council indicated that it would precede to remain in law suit to be filed by the Attorney General. This also effects item 44 and action on that will be taken when it comes up on the agenda. BID AWARD THREE 1987 4/WHEEL DRIVE VEHICLES It was noted bids were received from Mission Valley Ford and Swanson Ford- Isuzu for the purchase of three 1987 four-wheel drive vehicles. Director of Parks, Forestry and Maintenance, Robert Bryant answered questions of Council on the cost being more than was budgeted. He stated that totals would not go over the equipment reserve budget, as other equipment purchased has not cost as much as was budgeted so it balances out. After further discussion Mr. Ferrito moved to award the bid to Mission Valley Ford i the amount of $41,452.57. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. BID AWARD-HVAC MAINTENANCE AGREEMENT It was noted four bids were received ranging from low bid of $1,540.00 to $5,920.00. Mr. Bryant explaining the maintenance contract that is expiring has been in place for a period of four years at a monthly cost of $1,020.00. The proposed contract is for a two year period and the increased contract costs for the new maintenance and repair agreement are attributed to the age of heating, ventilating and air conditioning components and labor and materials cost increases over the past four years. After further discussion Mr. Carlson moved to award the bid to the low bidder Honeywell Inc./Building services Division, in the amount of $1,540.00 monthly. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. BID AWARD LOADER BACKHOE It was noted seven bids were received ranging from low bid of $32,193.00 to $61,314.44 for the purchase of a loader backhoe. Council questioned staff recommendation to reject all bids and to readvertise for said purchase. Mr. Bryant answered questions of Council stating he feels that specifications as prepared by staff actually exceeds size requirements determined advisable for multi-function use within the Town's maintenance division and explained the need for associated equipment. Speaking on this issue was Mr. Buxton, of the Case Power & Equipment Co. (low bidder for this equipment). After further discussion Mr. Carlson moved to accept staff recommendation and reject all bids submitted and direct staff to readvertise for bids to purchase a Loader-Backhoe. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. PROJECT 8605 SARATOGA AVENUE MEDIAN LANDSCAPE It was noted that four bids were received ranging from low bid of $167,340.00 to $238,219.50 for the landscaping of Saratoga Avenue Median. After further discussion Mr. Ferrito moved to award the bid to Munkdale Brothers Inc., in the amount of $167,340.00; authorize the Mayor to sign the contract on behalf of the Town; and authorize payment for this to come from the Gas Tax Funds and Manager to report back to Council re the reallocation of some general fund monies that have been allocated in the past. Mr. Carlson seconded. Carried by vote of three ayes. Mr. Hamilton voting no. Mrs. Benjamin was absent. WRITTEN COMMUNICATIONS (referral/file) a. Letter from Los Gatos Bicycle Racing Club requesting permission to hold their 13th Cat's Hill Classic Bicycle Race on May 2, 1987 between 12:00 noon and 5:00 p.m.. Mr. Carlson moved to refer this to the Town Manager for report. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. b. Letter from Arroyo Rinconada Homeowners Association requesting reduction in filing fee for Planned Development Ordinance Amendment. Mr. Carlson moved to refer this correspondence to Town Manager for response. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. c. Letter from Dianne McKenna, Board of Supervisors, Santa Clara County regarding the creation of the Santa Clara County Safety Authority for Freeway Emergencies (SAFE). Mr. Carlson moved to refer this to the Town Manager for report. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. d. Letter from the Chamber of Commerce Centennial Art Committee and the Los Gatos Lions Club Barbecue Committee requesting the use of Oak Meadow Park on August 8 and 9 for a two day art show and barbecue centennial celebration. Mr. Carlson moved to refer this to the Town Manager for response. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. SCHEDULE OF PUBLIC HEARINGS Council information report on upcoming scheduled public hearings. COUNCIL CALENDAR OF MEETINGS Council informational report. COUNTY REFERRALS Mr. Carlson moved to approve County Referral as follows: 3136-24-47-87B Black Rd. Lynn/Spears Single Family residential building site No comment. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. MARCH 13, 1987 PAYROLL Mr. Carlson moved to approve the March 13, 1987 payroll in the amount of $137,397.52 and related warrants in the amount of $119,222.57. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. MARCH 1987 WARRANTS Town Manager answered questions of Council re individual payments Mr. Carlson moved for approval of the March, 1987 warrants in the amount of $244,060.73. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. CLAIM VERA HIRSCH Mr. Carlson moved to accept staff recommendation and reject the claim of Vera Hirsch for injuries suffered at the Loma Prieta School. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. 17020 LOS CERRITOS DRIVE (YUEN) Mr. Carlson moved to accept staff recommendation and reaffirm Council's determination with regards in not requiring an encroachment permit at the 17020 Los Cerritos Drive property. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. FREEDOM RUN JEWISH COMMUNITY CENTER Mr. Carlson moved to approve the request for the Freedom Run on Sunday, April 12, 1987, subject to the following: 1. Permission to hold the run in Vasona Park must be granted by Santa Clara County Parks Department. 2. Sponsors to provide clean-up in the area of the event and route of the walk. 3. Adequate number of adult age monitors be provided along the route of travel, to be coordinated with the Police Department. 4. Provide the Town with special event insurance coverage in the amount of one million dollars. Town will be named as additionally insured. 5. Sign a "hold Harmless" agreement. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin being absent. LOS GATOS FIRE BELL Council informational updated report regarding the return of the Fire Bell. PARKING - NEIGHBORHOOD CENTER PARKING Discussion was held on letter from Senior Coordinating Council regarding parking at the Neighborhood Center. After further discussion Mr. Hamilton moved that only 2 hr. parking be allowed in the neighborhood parking lot and no employee parking be allowed (even with parking permits). Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin being absent. SIDEWALK SALE DAYS FOR 1987 The Chamber of Commerce request permission to hold their Sidewalk sales Days for 1987. Mr. Carlson moved to grant the request with the following conditions: 1. Use of Town Plaza shall be coordinated with the Police and Parks Department. 2. No sale or consumption of alcoholic beverages. 3. Amplified music shall not exceed the noise tolerance levels of the Noise Ordinance. 4. No banners permitted across the public right-of-way. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. TEMPORARY PARKING LOT FOR VILLA VASONA It was consensus of Council to continue this for 2 weeks to allow time for exploring options. Speaking on the issue was Mary Massey. BICKNELL ROAD CLOSURES Council information report regarding notification of residents. It was consensus of Council to hold this and have staff study and report back to Council on cost if boundaries were increased. 1985-86 AUDIT ADDITIONAL EXPENDITURES Discussion was held on request to authorize an expenditure of $11,540.00 to pay Main-Hurdman for the audit and consulting services provided over and above the original contact amount. Town Manager answered questions of Council as to increase stating this expense will put the cost of audit fees over budgeted amount. However, there are sufficient unexpended amounts in General Town Administration to cover this item and staff will make an appropriate inter-program transfer at a later date. Mr. Carlson questioned the transfer as Council has not seen fit to authorize transfers in other budgets. Mr. Hamilton spoke in opposition of authorizing the expenditure sit is work performed prior to having approval and questioned if this was above their contract. Town Manager stated it was above their contract but it was work that was performed in accordance with the contract but was not originally anticipated it would be necessary. Manager also stated the Town received a number of services from the auditor, well beyond what the contract entailed and well beyond this invoice. In fact there were a number of services performed for which the Town is not being billed and reported to Council the various services that this included. Discussion was held further on just what the true billing is Town Manager stated there was an error in not bringing this to Council prior to work being done but payment of this billing is still within amounts budgeted in the Managers budget. After further discussion Mr. Carlson moved to request Mr.Snelham of Main/Hurdman to attend the April 20, 1987 meeting at which time there will be a full Council and address this issue and present a true billing, showing hours spend on each issue. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. 250 LOMA ALTA B. RAKHRA Mr. Rakhra owner of 250 Loma Alta Avenue property spoke on his request to convert single family home to three unit dwelling. He stated the situation on the property existed since 1968 and gave Council a short history of the property as it exists. He feels Town should allow him to have secondary unit permits. Councilman Ferrito referred to report whereby it states that to be eligible for a second unit permit, the ordinance requires the unit to be existing continuously from June 1, 1983 through the present. The residence at 250 Loma Alta has been a single family home since June 1980 as ordered by the Superior Court of Santa Clara County. After further discussion Mr. Ferrito moved to accept staff recommendation and deny the request to convert a single family home to a three unit dwelling and require 250 Loma Alta Avenue property to remain a single family residence. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Hamilton voting no. Mrs. Benjamin was absent. GIFT DEEDS ORDINANCE Mr. Ferrito moved to accept staff recommendation and accept this report regarding Santa Clara County's Gift Deeds Ordinance and direct staff to forward the report to the Board of Supervisors, the Inter Governmental Council and SCCAPO. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. SENATE BILL 442 Informational report regarding Senate Bill 442, Antiquated Subdivisions. LEXINGTON RESERVOIR MASTER PLAN Mr.Ferrito moved Mayor Ventura be selected to represent the Town at the Santa Clara County Board of Supervisors at the meeting scheduled for March 24, 1987. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mayor Ventura appointed Mrs. Benjamin as alternate. LOS GATOS CREEK PARK USES Information report regarding the comprehensive use and management plan for the Los Gatos Creek Park. COUNTYWIDE COORDINATION OF TOXIC/HAZMAT PROGRAM Mr. Carlson moved for adoption of Resolution No. 1987-25 entitled, COORDINATION OF TOWN AND COUNTY HAZARDOUS MATERIALS ACTIVITIES, and authorize the Mayor to sign the Letter of Agreement between the Town of Los Gatos and the County of Santa Clara regarding hazardous materials activities. Mr. Ferrito seconded. Carried by vote of four yes. Mrs. Benjamin was absent. VASONA/HWY 17 CORRIDOR PHASE 1 ALTERNATIVES ANALYSIS STUDY Council informational report regarding the Vasona/Highway 17 Corridor Phase 1 Alternatives Analysis Study between the County of Santa Clara, City of San Jose, City of Campbell and the Town of Los Gatos. NATIONAL RECYCLING POLICY Mr. Carlson moved for the adoption of Resolution No. 1987-26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING PETITION TO THE UNITED STATES CONGRESS FOR A NATIONAL RECYCLING POLICY. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. RING AROUND THE BAY BIKE AND PEDESTRIAN PATH Mr. Carlson moved for the adoption of resolution No. 1987-27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING "RING AROUND THE BAY BIKE AND PEDESTRIAN PATH". Mr. ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. TOP OF THE HILL #2 ANNEXATION Mr. Carlson moved for the adoption of Resolution No. 1987-28 entitled, A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED A TOP OF THE HILL #2 TO THE TOWN OF LOS GATOS. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. PARKING PROHIBITION 15615 & 15619 LOS GATOS BOULEVARD Mr. Carlson moved for the adoption of Resolution No. 1987-29 entitled, PARKING PROHIBITION LOS GATOS BOULEVARD. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. This prohibits parking on the west side of Los Gatos Boulevard in front of 15615 and 15619 Los Gatos Boulevard. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. ZONE CHANGE 354 BACHMAN AVE. Mayor Ventura stated this was the time and place duly noted for public hearing to consider Planning Commission recommendation on Zone Change Application Z- 84-3A, requesting modification to an existing nine unit residential planned development previously approved for property in the R-1D-LHP-PD Zone (Property located at 354 Bachman Avenue). Steve Douglas, representing Owen Companies, answered questions of Council re the modification. Discussion was held on the access road. It was explained that this road is necessary for safety purposes. After some discussion and no one else from the audience wished to speak on this issue, Mr. Carlson moved the public hearing be closed. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to make the finding that the zone change application Z-84-3A is consistent with the Downtown Specific Plan and General Plan. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to waive the reading for AND ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE NO.______ FROM R-1D-LHP to R-1D-LHP-PD. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Clerk read title of Ordinance. Mr. Carlson moved for introduction of the Ordinance. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin was absent. Mayor Ventura spoke on the replacement trees that are to be planted. Mr. Douglas stated there were not as many trees removed that were previously approved by the Town and plans were reviewed carefully. Mr. Bowman spoke on the issue and explained that trees approved were smaller so they would blend in with other trees when they mature. Mayor Ventura stated when DRC reviews the S & A plans he would like them to discuss his concerns on the replacement trees (that they be native trees and not just decorative trees). Mr. Ferrito wished the record to reflect that he is voting yes on the motion because he thinks the amendments are an improvement to the plan but thinks originally Planning Commission approved a design that really, because of access road to Massol Avenue, does some damage to the neighboring corner lot and he feel they made a mistake. URGENCY ORDINANCE EXTEND NONCONFORMING STATUS FOR PROPERTIES IN THE CENTRAL BUSINESS DISTRICT Mayor Ventura stated this was the time and place duly noted for continued public hearing to consider amending an urgency interimzoning ordinance to extend the duration of nonconforming status as listed in Section 3.50.050 of the Los Gatos Zoning Ordinance; considering the uses of properties located in the Central Business District which are nonconforming as to parking. Continued from 2/23/87. Town Attorney reported that the Town has not heard from or received an opinion from the FPPC re whether Mr. Ferrito and Mr. Hamilton could vote on said issue. Mr. Hamilton stated that if FPPC report comes back unfavorable he would like all hearings to be continued for 2 weeks until such time he can get his own Counsel and pursue as to whether or not he could vote on the issues. Mayor Ventura seconded. Motion carries y vote of two ayes. Mr. Hamilton and Mr. Ferrito abstained. Mrs. Benjamin was absent. APPEAL - 121 WILDER AVENUE Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning commission denial of a conditional Use Permit U-85-33, requesting permission to construct a guest cottage (without kitchen) on property in the R-1D-LHP Zone. (121 Wilder Ave. - Emily Brown - Owner). Speaking from the audience was Penny Sink, 135 Wilder Avenue, stating her concerns and opposing said request. No one else from audience wished to speak on this issue. Mr. Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Ferrito moved to accept staff recommendation and uphold the action of the Planning Commission and deny the application. Mrs. Benjamin was absent. Town Attorney to prepare appropriate Resolution and present for Council consideration at the next meeting. APPEAL - 16935 ROBERTS ROAD. Mayor Ventura stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission denial of Architecture and Site application S-85-68 to construct a 7-unit residential condominium project in the RM:5-12 zone and Conditional Use Permit U-85-30. (16935 Roberts Rd - Bas Homes, spoke to Council requesting continuance of said hearing. No one in the audience wished to speak on this issue. Mr. Ferrito moved to continue this item to April 6, 1987. Mr. Carlson seconded. Carried by 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. Mr. Bowman reported that Council at previous meeting directed Planning to add a new section to secondary unit Ordinance dealing with non conforming secondary units and treating them separately from unlawful secondary units and that is provisions sent to Council this time. Mr. Hamilton stated he feels units and that is provisions sent to Council this time. Mr. Hamilton stated he feels Council needs a clear answer on definitions as to nonconforming and legal nonconforming and exactly what buildings may be used for and various ways of abatement. Mr. Bowman stated nonconforming does mean legal and therefore we do not use wording of legal nonconforming. Mr. Watson answered questions of Councilman Hamilton re the various types of deficiencies found during inspection stating that a large number of units basically had no deficiencies. After further discussion and no one else from the audience wishing to speak on this issue, Mr. Carlson moved to close the public hearing. Mr. Ventura seconded. Carried by vote of three ayes. Mr. Ferrito was out of the room and Mrs. Benjamin was absent. Mr. Hamilton stated he would like to see incorporated anything that had an actual building permit for a secondary unit after 1976 not be effected by the Ordinance and would certainly like to spell out abated in the ordinance. Mr. Carlson stated he is uncomfortable with abating nonconforming secondary units if they do not apply by Dec. 31, 1987 and he feels Council should take fee action but feels uncomfortable changing the ordinance or the plan. Further discussion was held and Mr. Hamilton, by consensus motion, moved that in lieu of abating a nonconforming structure 20 years from the date the nonconforming status was incurred for failure to timely file, the use of the dwelling will be abated. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. This will amend section 3.98.020 of the proposed ordinance. Mr. Carlson moved to bring this back to Council, with amendment, at the meeting of April 6th, 1987. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. GENERAL PLAN AMENDMENT GP-87-1 RE PARKING Mayor Ventura stated this was the time and place duly noted for public hearing to consider amendments to the General Plan concerning the Downtown Parking Improvement Program, Land Use Designations in the Downtown Area, and minor correction that reflect the status of the implementation measures currently listed in the General Plan. Mr. Carlson moved to accept staff recommendation and continue this to April 6th, 1987. Mr. Hamilton seconded. Carried by vote of two ayes. Mayor Ventura abstained. Mr. Ferrito was out of the room and Mrs. Benjamin was absent. FILING FEE SECONDARY UNITS Mayor Ventura stated this was the time and place duly noted for public hearing to consider establishment of a filing fee for secondary dwelling unit permit applications. No one in the audience wished to speak on this issue. Mr. Carlson moved public hearing be closed. Mr. Ferrito seconded. Carried by vote a of four ayes. Mrs. Benjamin was absent. Mr. Carlson moved to establish a $500.00 fee for unlawful secondary units and no fee for nonconforming secondary units through December 31, 1987. Beginning January 1, 1988, a $500.00 filing fee should be established for nonconforming secondary units. Motion dies for lack of second. Mr. Carlson reworded his motion to establish a $500.00 fee for unlawful second units and no fee for nonconforming second units through December 31, 1987 and on January 1, 1988 the nonconforming have the option of paying the fee of $500.00 or abate the premises. Mr. Hamilton seconded. Mayor Ventura stated he could not support the motion because he feels Council is not following through our policy re cost recovery; the Town will have cost for all investigation and enforcement as well as processing the application; and he doesn't feel that is reflected in the $500.00 fee. Voting was held and motion failed with Mr. Carlson and Mr. Hamilton voting aye. Mr. Ferrito and Mayor Ventura voting no and Mrs. Benjamin was absent. Mr. Hamilton moved to continue this matter to April 6th, 1987 at which time there will be a full Council. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mayor Ventura requested a report on cost for code enforcement that would be involved in enforcing the new Secondary Unit Ordinance once it is in effect. 115 COLLEGE AVE. (ANDERSON) Mayor Ventura stated this was the time and place duly noted for public hearing to consider the Planning Commission recommendation to revert an existing four lot subdivision of 1.121 acres back to acreage and eliminate all interior property lines on property in the R-1:8,000 zone (115 College Avenue - Jon Anderson). It was noted a letter was received from Jon P. Anderson requesting continuance of this item. Mr. Carlson moved to continue this item to April 6, 1987. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. RECESS Mayor Ventura declared a five minute recess. Meeting reconvened at 9:30 p.m. FEBRUARY 23, 1987 Council members requested corrections of the February 23, 1987 minutes as follows: pg 1 - subject AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN. It was requested that comments of Mr. Ferrito, Mr. Hamilton and Mayor Ventura abe included in the minutes re voting procedures due to possible conflict of interest. Page 2 - same subject - reword Mayor Ventura's statement on this reason for supporting the motion for adoption of Resolution NO 1987-19. Correct spelling of Mr. Loveless first name on Page 4. Page 5 - subject - EXTENSION OF URGENCY ORDINANCE - add the following: There being no one from the audience wishing to speak on this issue, Mr. Carlson moved to close the public hearing Mrs. Benjamin seconded. Mr. Ferrito abstained and motion failed. Correct page 6 removing the last two sentences from CLOSED SESSION REPORT and put them in the next paragraph, to read. "Mr. Hamilton moved to transfer money within the Treasurer's budget - transfer money from material & supplies to salaries, which would allow money for payment to Deputy Treasurer." Mr. Ferrito moved minutes be approved as corrected. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. \ MINUTES MARCH 2, 1987 Suggested change on Page 3 - subject - Bus Station Lease Agreement, add "Mr. Zapf responded that the cost per square foot charged for leasing is presently 41.6 cents. The bus terminal is 1,2000 sq. ft. on approximately 11,390 sq. ft. of land and this includes the restrooms. The station provides an additional element to the overall transportation system. The Town underwrites the cost of the bus station pursuant to our Community Needs Assessment study and recommendation of Community Services Commission." Mr. Ferrito moved minutes of March 2, 1987 be approved as amended. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Hamilton had requested that agenda procedures re Preparation of the Agenda be attached to Resolution No. 1987-23 and be spelled out in the agenda. This motion by Mr. Hamilton died for lack of a second. TREASURER REPORT It was noted that Council had received the Treasurer's report for the month of January 1987. COMPENSATION FOR DEPUTY TREAS. AND REQUEST FOR BUDGET TRANSFER Mayor Ventura referred to letter from Town Treasurer requesting $10.00 per hour for the Deputy Treasurer position and request for budget transfer, within the Treasurer's budget, of $2,000.00 from materials and supplies to personnel. Discussion was held on the above requests and Mr. Carlson reported that the finance committee had met with the Treasurer and this topic came up. One of the other Deputies of the Treasurer volunteered, except in case of a family emergency, to sign the checks for his current compensation which is $1.00 a year. Based on that fact and on the fact it wasn't because of who the Deputy Treasurer was, Mr. Carlson voted not to authorize the budget transfers. Mr. Carlson stated adding a new Deputy Treasurer doesn't change his reasoning behind not wanting to transfer funds and feels Council had an agreement as how much it was going to cost for Deputy Treasurer at the start of the year. For those reasons, Mr. Carlson moved to deny the request for budget transfer and the compensation request. Mayor Ventura seconded. Motion carried with vote of three ayes. Mr. Hamilton voting no and Mrs. Benjamin was absent. ORDINANCE AMENDING ZONING ORD. RE PARKING ON PARKWAY Mr. Carlson moved to approve staff recommendation and continue the adoption of this Ordinance to March 23, 1987. Mayor Ventura seconded. Carried by vote of two ayes, Mr. Ferrito and Mr. Hamilton abstained and Mrs. Benjamin was absent. ORDINANCE PROHIBITING PARKING ON PARKWAY Mr. Ferrito moved for the adoption of Ordinance No.1713 entitled, AN ORDINANCE AMENDING CHAPTER 16 OF THE TOWN CODE RELATING TO PROHIBITION OF PARKING ON PARKWAY. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. ATTORNEY GENERAL LAWSUIT RE ELECTRICAL CONTRACTOR BID RIGGING Town Attorney reported there is a lawsuit to be filed against certain electrical contractors for violation of the Cartwright Act and the Unfair Competition Law. Mr. Ferrito moved to accept staff recommendation and allow the Attorney General to represent the Town in the proposed litigation because the Town will not incur any costs. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. APPOINTING TOWN ENGINEER AS SUPERINTENDENT OF STREETS Mr. Carlson moved for the adoption of Resolution No. 1987-30 entitled, A RESOLUTION APPOINTING TOWN ENGINEER AS SUPERINTENDENT OF STREETS. Mr. Ventura seconded. Carried by vote of four ayes. Mr. Benjamin was absent. TOWN MANAGER AUTHORIZED TO SIGN WAIVER OF LIABILITY Mr. Carlson moved for the adoption of Resolution No. 1987-31 entitled, A RESOLUTION TO ADOPT AND AUTHORIZE TOWN MANAGER TO SIGN WAIVER OF LIABILITY TO ALLOW POLICE DEPARTMENT TO CONDUCT COMMUNICATIONS TESTS. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. POSITION REALLOCATION JR. CIVIL ENG. Mr. Ferrito moved for the adoption of Resolution No. 1987-32 entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION NO. 1986-130 AND ADOPTION SCHEDULES OF AUTHORIZED POSITIONS AND SALARIES FOR FISCAL YEAR 1986-87. Mr. Carlson seconded. Carried by vote for four ayes. Mrs. Benjamin was absent. EMERGENCY GENERATOR REPLACEMENT Mr. Carlson moved to approve a supplemental appropriation in the amount of $45,565.00 from General Fund Appropriated Reserve for replacement and related repairs to the Civic Center Emergency Generator System. Mr. Hamilton seconded. Mr. Bryant answered question of Council as to the need and explained the system. Motion carried by vote of four ayes. Mrs. Benjamin was absent. AGENDIZING WRITTEN COMMUNICATIONS It was consensus of Council to have this brought back for further discussion at a later date. TENNIS TOURNAMENT AT BLOSSOM HILL PARK JULY 6 - 9. The Almaden Valley Athletic Club requested to hold a portion of the boys and girls 16 National Tennis Tournament at the Blossom Hill Park, July 6th - 9th, 1987. Mr. Carlson moved to approve the use of six tennis courts at Blossom Hill Park for their tournament play on July 6 - 9, 1987. Mr. Hamilton seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. Mr. Jim Murphy, member of the tournament committee was present to answer questions of Council. ARTS COMMISSION MASTER PLAN Mr. Ferrito moved to conceptually approve the goals outlines in the Arts Commission's proposed Master Plan. Mr. Carlson seconded. Carried by vote of four ayes. Mrs. Benjamin was absent. COMMUNITY SERVICES COMMISSION OFFICER ELECTION Report from Community Services Commission informing Council of the election of Randy Attaway as Chairperson and Zaida Hackett as Vice-Chair for a one year term. KCAT REQUEST FOR ADDITIONAL FUNDS Due to lack of full Council, discussion on the request for funds from the Town will be continued to the next regular meeting. ADJOURNMENT At 11:00 p.m., Mr. Carlson moved meeting be adjourned to 7:30 p.m. on March 23rd, 1987. Mr. Ferrito seconded. Carried by vote of four ayes. Mrs. Benjamin being absent. ATTEST: Rose E. Aldag Town Clerk