M 03-21-83TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
MARCH 21, 1983
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the Town
Hall at 8:05 p.m., in regular session. Meeting started late due to Council holding
interviews of Consultants regarding Town Attorney Recruitment.
ROLL CALL
PRESENT:Terrence J. Daily, Thomas J. Ferrito, MarLyn J. Rasmussen and
Mayor Brent N. Ventura.
ABSENT:None
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
Mayor Ventura stated the following issues were discussed during closed session held
prior to the Council meeting:
Novitiate litigation, Pedro's litigation and a personnel matter.
PRESENTATION OF GLENNON CUP
Mr. Don Anzok from Downey Savings and Loan, stated in January, 1983 the 6th annual
running of the Great Race was held and it gave him great pleasure to present the Town
of Los Gatos the Glennon Cup for having the largest number of participants this year.
BID AWARD PROJECT 255-22 TRAFFIC SIGNAL N. SANTA CRUZ & ANDREWS
STREET
Discussion was held regarding the bids received on Project 255-SS regarding traffic
signals at N. Santa Cruz and Andrews Street. Mr. Ferrito noted that 14 months ago,
bids had been received on this project at that time and the bids received now are only
$1,851, higher than before and requested that this bid award be deferred until a later
date. Discussion was held regarding lack of cooperation from the State. Mr. Ferrito
moved this be continued to next meeting and direct staff to inquire if the low bidder
would be willing to extend their bid until July 5, 1983, and request staff get the study
from Caltrans. Mrs. Benjamin seconded. Carried unanimously. Mr. Daily moved
Council give staff some clarification of changes and hold off for two weeks before
implementing any street closures until the Town received further clarification from
Caltrans (this is part of prior motion). Mrs. Benjamin seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (referral/file)
1. Letters from Drs. Alan K. McGrath, D. Bacci, T Katsumoto, Joseph Johnson, Martin
Fishman and Stewart Mass opposing the plan to make Monterey Avenue one-way
street. Mrs. Rasmussen moved Council staff to advise the Doctors that the plan to
make Monterey Avenue a one-way street northbound will be instituted on a 90 day trial
basis with a public hearing to consider the effectiveness of this and other traffic
modifications at the end of the trial period. Mr. Daily seconded. Carried unanimously
2. Letter from Mrs. Donald Gilbert requesting the installation of a traffic signal at Los
Gatos-Almaden Road National Avenue intersection. Mrs. Rasmussen moved Council
direct staff to advise Mrs. Gilbert that traffic signals at the intersection will be considered
with the 1983-84 budget. Mr. Daily seconded. Carried unanimously.
3. Letter from City of Gardena regarding the relocation of Japanese residents. Mrs.
Rasmussen moved Council note and file. Mr. Daily seconded. Carried unanimously.
4. Letter from City of Fremont requesting Council support of Senate Constitutional
Amendment No. 2. Mrs. Rasmussen moved Council note and file. Mr. Daily seconded.
Carried unanimously.
ALCOHOLIC BEVERAGE APPLICATION - 363 LOS GATOS BOULEVARD
Application for Alcoholic Beverage License at 363 Los Gatos Boulevard. After some
discussion with owner, Dan Gallagher, Mr. Ferrito moved Council accept staff
recommendation and request the Alcoholic Beverage Control Board to deny said
application and staff send letter informing ABC of Town's concerns as to proximity of
this business to Louise Van Meter grammar school and Fisher Jr. High School. Mr.
Daily seconded. Carried unanimously.
AMENDMENT LANDFILL AGREEMENT GUADALUPE RUBBISH DISPOSAL
Mrs. Rasmussen moved for adoption of Resolution No. 1983-48 entitled, A
RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH GUADALUPE
RUBBISH DISPOSAL COMPANY, INC., and Mayor be authorized to sign agreement on
behalf of the Town. Mr. Daily seconded. Carried unanimously.
SIGNS - FORBES MILL MUSEUM
Mrs. Rasmussen moved Council accept staff recommendation and authorize staff to
install additional signs requested by the Museum Advisory Board and approve a
supplemental appropriation of $300.00, for materials. Mr. Daily seconded. Carried
unanimously.
COUNTY REFERRALS
Mrs. Rasmussen moved to accept staff recommendation on County Referrals as
follows:
1474-27-44-81b Madrona Way Yuhara 1 year time extension on single family
dwelling no comment.
1856-23-45-83B-83G Thompson Road Pierson Single Site Development no
comment.
1857-23-45-83B Thompson Road Pierson Single Site Development no comment.
Mr. Daily seconded. Carried unanimously.
CONTRACT OF NOISE CONSULTANT FOR GENERAL PLAN
Mrs. Rasmussen moved for adoption of Resolution No. 1983-49 entitled, RESOLUTION
AUTHORIZING AGREEMENT FOR PROFESSIONAL SERVICES RE: THE NOISE
ELEMENT OF THE DRAFT GENERAL PLAN, and Mayor authorized to sign said
agreement on behalf of the Town. Mr. Daily seconded. Carried unanimously.
AMENDMENT - KRIENES & KRIENES AGREEMENT ON EIR GENERAL PLAN
Mrs. Rasmussen moved for adoption of Resolution No. 1983-50 entitled, RESOLUTION
MODIFYING AN AGREEMENT PREVIOUSLY APPROVED TO PREPARE A MASTER
ENVIRONMENTAL IMPACT REPORT ON THE DRAFT GENERAL PLAN, and
authorize the Mayor to sign said agreement on behalf of the Town. Mr. Daily seconded.
Carried unanimously.
NOTICE OF COMPLETION
Mrs. Rasmussen moved Council approve Certificate of Acceptance and Notice of
Completion for 17419 Farley Road (Davies). Mr. Daily seconded. Carried unanimously.
REPORT ON GUADALUPE COLLEGE SITE
Mrs. Rasmussen moved to accept report from Park Commission which states the
Commission has reviewed the State of California's proposal for use of College Site as a
prison site. The Commission is concerned that the proposed use would have a
negative impact on the Town's parks and proposed open space and recreation areas
and their concerns that modification of the existing site to include security fencing, night
lighting, etc., would have a negative impact on the surrounding environment. Mr. Daily
seconded. Carried unanimously.
SISTER CITY RECOGNITION MARKER
Mrs. Rasmussen moved to accept Park Commission recommendation that the
proposed recognition marker be placed at the Civic Center. Mr. Daily seconded.
Carried unanimously.
SCHEDULE OF HEARINGS
Mrs. Benjamin requested the proposed scheduled hearing regarding San
Benito/Andrews Street Traffic Diverters be rescheduled to assure there is a 90 day trial
period with traffic improvements. The Town Manager to also notify interested persons
who have written Council regarding this proposal.
APPEAL - D. RUBIO
Mr. Ferrito stated he questioned the findings of the Personnel Board and feels a letter of
reprimand would be sufficient. After some discussion with the Town Manager, Mrs.
Rasmussen moved Council affirm the findings of the Personnel Board. Mayor Ventura
seconded. Carried by a vote of four ayes. Mr. Ferrito voting no and requested his
reason for voting no be reflected in the minutes as follows, "There have been only 2 of
these matters before the Town Council in the last five years and I believe a one day
suspension based upon oral instructions to employee and poorly maintained equipment
does not justify the one day suspension and I would have supported the loss of pay for
the evening in question and a letter of reprimand rather than a letter of suspension.
Mayor Ventura requested staff review Chapter 21 os the Town Code.
CAPITAL IMPROVEMENT PROGRAM
Mrs. Rasmussen moved Council accept the Preliminary Capital Improvement Program
and this will be discussed at the Council Study session on April 11, 1983. Mr. Daily
seconded. Carried unanimously.
WRITTEN COMMUNICATIONS (for action)
1. Letter from Hanly Centre, requesting monetary support of their organization. Mrs.
Rasmussen moved request be denied as there would be no benefit to Town Residents.
Support would not be eligible for Revenue Sharing assistance and there is no precedent
for general fund support of human service agencies by the Town. Mrs. Benjamin
seconded. Carried unanimously.
2. Letter from Phillip Ariew regarding gate across Aztec Ridge Drive. Mr. Ferrito moved
this be held and staff reassure Mr. Ariew that the Council would not revoke the permit
as a result of a whim and would only revoke it after a careful review of pertinent facts in
effect at the time and only for good cause. Mrs. Benjamin seconded. Carried by vote of
four ayes. Mayor Ventura voting no.
3. Letter from Stop Neighborhood Prison Committee requesting [permission to hold a
rally. Request withdrawn as per the Town Manager.
MINUTES
Mayor Ventura asked for clarification regarding correction of minutes. Discussion was
held regarding this subject, whereby it was consensus of council that policy be that
minutes be provided to Council for their review and approval in draft form. Any
corrections to the minutes will be noted and amended by the Council during discussion
of the minutes at the council meeting and then minutes will be approved at the meeting
"as amended". Following this action, the approved corrections shall be made to the
original minutes and these minutes would then become the permanent record. It will not
be necessary to include the specific discussion of items corrected on prior minutes into
the minutes of any individual meeting night. Mrs. Rasmussen moved minutes of
February 22nd and March 7th, 1983, be approved as corrected. Mr. Daily seconded.
Carried by a vote of four ayes. Mrs. Benjamin abstained, due to absence from last
meeting.
FEBRUARY FINANCIAL REPORT
Mrs. Rasmussen moved Council accept the February, 1983, Financial Reports from the
Office of the Town Clerk. Mayor Ventura seconded. Carried unanimously.
FEBRUARY WARRANT DEMANDS
Mrs. Rasmussen moved Council approve warrant demands in the amount of
$376,256.34, for the month of February, 1983. Mrs. Benjamin seconded. Carried
unanimously.Carried unanimously.Carried unanimously.
BONNIE LANE NO. 4 ANNEXATION
Mayor Ventura stated this was the time and place duly published for public hearing to
consider the annexation of proposed properties in Bonnie Lane No. 4 Annexation. No
one wished to be heard on this issue and no protests had been received. Mr. Ferrito
moved hearing be closed. Mrs. Rasmussen seconded. Carried unanimously.Carried
unanimously. Mr. Ferrito moved for adoption of Resolution No. 1983-51 entitled, A
RESOLUTION APPROVING THE ANNEXATION OF CERTAIN INHABITED
TERRITORY DESIGNATED AS BONNIE LANE NO. 4 TO THE TOWN OF LOS
GATOS. Mrs. Benjamin seconded. Carried unanimously. Mr. Van Houten, Director of
Public Works, reported on acquisition of right-of-ways. Mr. Stoops, Town Treasurer,
asked for Council's approval on negotiating bids for assessment. Mr. Sherrod Davis,
representing Bond Counsel, stated his proposal will be brought back to Council for their
approval before bonds are sold. After said discussion, the following action was taken;
Mr. Ferrito moved for adoption of Resolution No. 1983-52 entitled, A RESOLUTION
OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 1982-214, AS
AMENDED - BONNIE LANE ASSESSMENT DISTRICT. Mrs. Benjamin seconded.
Carried unanimously. Mr. Ferrito moved for adoption of Resolution No. 1983-53
entitled, A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - BONNIE
LANE ASSESSMENT DISTRICT. Mrs. Benjamin seconded. Carried unanimously. Mr.
Ferrito moved for adoption of Resolution No. 1983-54 entitled, A RESOLUTION AND
ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE WORK AND ACQUISITION-BONNIE LANE ASSESSMENT
DISTRICT. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito moved for
adoption of Resolution No. 1983-55 entitled, A RESOLUTION DESIGNATING
COLLECTION OFFICER-BONNIE LANE ASSESSMENT DISTRICT. Mrs. Benjamin
seconded. Carried unanimously. It was consensus of council that upon report from
Director of Public Works, the Resolution awarding the contract for this project be held
until April 4, 1983 meeting. Mrs. Susan Kishler, Bonnie Lane, stated she would like to
thank Council and staff for their consideration on this project.
APPEAL - 49 E. MAIN STREET
Mayor Ventura stated this was the time and place duly published for public hearing to
consider appeal of Planning Commission's approval of conditional use permit
application U-28-29 requesting [permission to operate a deli and sale of beer and wine
for consumption off the premises in the C-2 zone, subject to conditions at 49 E Main
Street. Dr. Heuscher, appellant, spoke to Council on her reasons for appealing
Planning's decision. She feels it will be detrimental to the condominiums adjacent to 49
E. Main Street and urged Council to grant the appeal. Dr. O'Neil, 55 Church Street,
spoke favoring the appeal feels this business would cause more parking and overall
problems to the residents of 55 Church Street. Michael Kay, owner of the potential deli,
spoke against the appeal and stated he would be glad to work with appellant. Allen
Johnson, property owner of 49 # Main Street, urged Council to uphold Planning's
decision. Also speaking on this issue was Bev Oregon, Dorothy Emerson, Jim Parris,
Mike Polarski and Shirley Henderson. No one else wished to speak on this issue, Mrs.
Rasmussen moved hearing be closed. Mr. Daily seconded. Carried unanimously.
Discussion was held regarding parking survey's in the area. After further discussion,
Mrs. Benjamin moved the appeal be denied, based on Planning Commission's findings
are correct. Mr. Daily seconded. Mayor Ventura asked for amendment to motion with
the following conditions; that the side door of the business at 49 E. Main Street be
closed permanently, add an additional mercury light at the top of stairway at 55 Church
Street property subject to Engineer's approval, and business operations at 49 E Main
Street be closed at 7:00 p.m. Mrs Benjamin accepted the first two amendments only.
Mr. Daily accept the two amendments. Carried by a vote of three ayes. Mr. Ferrito and
Mayor Ventura voting no. The Town Attorney to draft resolution denying appeal, stating
the application has been approved pursuant to the Planning Commission's terms, with
the two additional conditions as set forth by Council and said resolution be presented for
Council's consideration at the next meeting.
RECESS
Mayor Ventura declared a recess. Meeting reconvened at 10:40 P.M.
HISTORICAL DESIGNATION-YUNG SEE SAN FONG HOUSE 16660 CYPRESS WAY
Mayor Ventura stated this was the time and place duly published for public hearing to
consider the Historical Designation Application HD-83-1, pertaining to Yung See San
Fong House at 16660 Cypress Way. Mrs. Scotty McEwen, from audience, stating due
to absence of N. Clapp, Chairman of the Los Gatos Heritage Preservation Society, Mrs.
McEwen would be glad to answer any questions. No one from the audience wished to
speak, Mrs. Rasmussen moved hearing be closed. Mrs/ Benjamin seconded. Carried
unanimously. Mrs. Benjamin moved reading be waived for AN ORDINANCE OF THE
TOWN OF LOS GATOS DESIGNATING A STRUCTURE AS HISTORICALLY AND
CULTURALLY SIGNIFICANT. Mrs. Rasmussen seconded. Carried unanimously.
Clerk read title. Mrs. Benjamin moved ordinance be introduced. Carried unanimously.
GENERAL PLAN AMENDMENTS-LAND USE ELEMENT AND HOUSING ELEMENT
Mayor Ventura stated this was the time and place duly published for public hearing to
consider amendments to the Land Use and Housing Elements of the Town General
Plan concerning the granting of residential density bonuses for project that include
residential units designed for handicapped persons. Mr. Bowman, Planning Director,
spoke on the recommendation of the Commission pointing out there was no bonus
provision in the General Plan for handicap housing and that had been the concerns
regarding Villa Vasona. Dom Salitto, from audience, spoke in opposition of the word
bonus being used. no one else wished to speak on this issue, Mrs. Rasmussen moved
hearing be closed. Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen
moved Council make the negative declaration as this project will not have a significant
impact upon the environment. Mr. Daily seconded. Carried unanimously. Mrs.
Rasmussen moved for adoption of Resolution No. 1983-56 entitled, A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING
AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN. Mr. Daily
seconded. Carried unanimously.
VERBAL COMMUNICATIONS
Mardi Bennett, 38 Alpine Avenue, informed Council of the desire to observe the
Centennial in Banking in Los Gatos and would like to request (1) the use of the Town
Plaza on Sunday, July 3, 1983 from 8:a.m. to 5:00 p.m.; (2) to close Montebello Way
from 11:a.m. to 6:00 p.m. and ask Mayor Ventura to declare the week of July 3rd, as
Banking Centennial Week. It was the consensus of Council this be referred to staff for
report to be presented to Council at the meeting of April 4th, 1983. Mrs. Bennett also
spoke in favor of Mayor Ventura's suggestion regarding painting of crosswalks in
downtown area of pedestrian safety and Council to reconsider this measure.
Jack Panighetti, President of Chamber of Commerce, requested use of Town Plaza and
use of sidewalks to hold their sidewalk sales days that was rained out on March 12th
and 13th. Mrs. Rasmussen moved request be approved subject to approval of
Superintendent of Parks and Forestry. Mayor Ventura seconded. Carried unanimously.
VILLA VASONA DISPOSITION AGREEMENT AMENDMENT
The Town Attorney stated the proposed amendments to the agreement were approved
in concept at the last meeting and being presented for adoption tonight. Mrs.
Rasmussen moved for adoption of Resolution. Motion died for lack of second.
Discussion was held on the Occupancy Preferential system. After much discussion, Mr.
Daily moved for amendment of the Occupancy Preferential System with (1) being
"Senior Citizens who are residents of the Town of Los Gatos; and (2) be "For the
purpose of initial occupancy only, persons who were residents of Los Gatos on
December 15, 1980, who have moved from Los Gatos since that date and who then
qualified as "elderly" under HUD regulations." Other wording would remain the same.
Mrs. Benjamin seconded. Carried unanimously. Mrs. Rasmussen moved for adoption
of Resolution No. 1983-57 entitled, RESOLUTION AUTHORIZING AMENDMENTS TO
AGREEMENT FOR DISPOSITION OF PROPERTY AND DATED OCTOBER 27, 1982,
and Mayor be authorized to execute said amendment to agreement. Mrs. Benjamin
seconded. Carried unanimously.
VILLA VASONA ORDINANCE AMENDMENT
Gail Ruff, from audience, spoke on her concerns regarding handicapped requirements
for the Villa Vasona project. Council requested that these suggestions be put in writing
and given to Planning Commission before the hearing on specific design element of
Villa Vasona project. The Town Attorney explained to Council a change in wording on
page 3, No. 8 under Official Development Plan - the last sentence should read, "If the
General Plan is amended to provide an equivalent density bonus for units rented to
handicapped as for seniors, handicapped residents need not be seniors". Mrs.
Rasmussen moved for adoption of Ordinance No. 1572 entitled, AN ORDINANCE OF
THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING
ZONE CHANGE NO. 64 FROM O AND RM:5-12 TO R-1:8,000-PD. Mr. Daily
seconded. Carried unanimously. On advice of the Town Attorney, Mrs. Rasmussen
moved to add words "and handicapped" to the same paragraph in the Disposition
Agreement to make it conform to the Ordinance. Mr. Daily seconded. Carried
unanimously.
APPEAL-13 N. SANTA CRUZ AVENUE (IDAMINA'S)
Mr. Ferrito moved for adoption of Resolution No. 1983-58 entitled, RESOLUTION
GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL (13 N. SANTA CRUZ
AVENUE). Mrs. Rasmussen seconded. Carried unanimously.
APPEAL-KINGS COURT SHOPPING CENTER
Mrs. Rasmussen moved for adoption of Resolution No. 1983-59 entitled, RESOLUTION
GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL, (King's Court). Mr.
Daily seconded. Carried unanimously.
APPEAL-UNION LITTLE LEAGUE PARKING LOT
Mrs. Rasmussen moved for adoption of Resolution No. 1983-60 entitled, RESOLUTION
DENYING APPEAL FROM PLANNING COMMISSION (Kensington Drive next to
Howes School - Robert Singer, representing Union Little League). Mr. Daily seconded.
Carried unanimously.
REGULATIONS PUSHCARTS
Continued to April 18, 1983.
RENTAL MEDIATION REGULATIONS
The Town Attorney explained the need for having an Ordinance adopted before
adopting the Regulations for the Los Gatos Rental Mediation Program. The Task Force
has requested to have regulations go into effect immediately and are asking Council to
adopt regulations tonight. The Attorney stated to do this, Council would have to make
some kind of findings of urgency to adopt said Ordinance as an urgency measure.
Harryette Shuell, representative of Information and Referral Services and Los Gatos
Rental Mediation Program, spoke on charges to be made in the regulations. (1)
Appendix A was ommitted (she then presented it to Council); (2) on Page 3, Sec. 1.06,
should read," ... received by the Town or its agents ... Ms. Shuell also stated the Task
Force would be asking Council to change the name from Task Force to Rent Advisory
Committee. After discussion of Task Force requests, findings were made that due to
Information and Referral Services not being able to operate properly without the
adoption of said Regulations for the Los Gatos Rental Mediation Program that the
Ordinance should be adopted as an urgency measure. Mr. Ferrito moved the reading
be waived for Urgency Ordinance No. 1573. Mrs./ Benjamin seconded. Carried
unanimously. Clerk read title. Mrs. Rasmussen moved for adoption of Urgency
Ordinance No. 1573 entitled, URGENCY ORDINANCE AMENDING CHAPTER 24 OF
THE TOWN CODE TO INCORPORATE RECOMMENDATIONS OF
TENANT/LANDLORD TASK FORE, (with findings as stated above). Mr. Ferrito
seconded. Carried by a vote of four ayes. On advise from the Town Attorney, Mayor
Ventura abstained from voting due to a possible conflict of interest. Mr. Ferrito moved
for adoption of Resolution entitled, RESOLUTION ADOPTING LOS GATOS RENTAL
MEDIATION REGULATIONS. Mr. Daily seconded. Carried by a vote of four ayes.
Mayor Ventura abstained.
POST OFFICE PROPOSAL NEIGHBORHOOD DELIVERY
Jack Panighetti, Postmaster of Los Gatos, spoke on request and petition of patrons
requesting installation of group mailboxes at designated corners on High Street. This
request has been made due to vandalism of mailboxes in that area. Mr. Panighetti
showed pictures of proposed groupings of boxes that have been installed in Santa Cruz.
After further discussion, Council voiced its opposition. No action was taken.
REVOCABLE PERMIT USE OF A PORTION OF PARKING LOT #3
Larry White, referred to request for encroachment permit to use portion of Parking Lot
#3, behind 338 Village Lane, to install a deck, landscaping and trellis within the public
right-of-way. He stated he would answer any questions on said request. After some
discussion, Mrs. Rasmussen moved Council authorize the Director of Public Works to
issue and record a revocable permit to Lawrence White, John Lochner, et al for use of a
portion of public property in Parking Lot 3 with conditions that car that car stops be
installed and request staff to review for additional landscaping install larger shrubbery to
provide for a larger screen of greenery. Mrs. Benjamin seconded. Carried by a vote of
four ayes. Mr. Ferrito abstained.
LOS GATOS HOTEL REQUEST
Joe Sweeney, owner of the Los Gatos Hotel at 31 E. Main Street, spoke on request for
need of loading zone. Council spoke on need for parking spaces in the area. After
further discussion, Mr. Daily moved for adoption of Resolution creating loading zone
from 4:00 p.m. to 8:00 p.m. Mayor Ventura seconded. The Director of Public Works
spoke on difficulty of enforcement of such a zone. Mayor Ventura withdrew his second.
Mr. Daily amended his motion to a 15 minute loading zone. Mrs. Benjamin seconded.
Motion failed, Mrs. Rasmussen, Mr. Ferrito and Mayor Ventura voted no.
NOTICE OF COMPLETION PROJECT 287-RS CIVIC CENTER RESTROOM
MODIFICATIONS
The Director of Public Works presented Council with a report regarding liquidation of
damages against said contractor due to delay on completion of Civic Center Restroom
Modifications, Project 287-RS. Earl Thomas, Representative of Associated Builders
(contractors) for said project, spoke on delays and disagrees with staff report and asked
that liquidated damages be waived. After discussion on the report, questions as to
reason for the delays, Mr. Ferrito moved Council accept staff recommendation
approving the total payment to the Contractor in the amount of $8,930.00, less
liquidated damages of $2,100.00, for total of $6,830.00 and Notice of Completion be
held until all necessary papers have been filed with the Town. Mrs. Rasmussen
seconded. Carried unanimously.
CONTINUANCE OF MEETING
The Town Manager stated it is passed the hour of midnight and a motion to continue the
meeting is necessary. Mrs. Benjamin moved meeting be continued until the agenda is
completed. Mayor Ventura seconded. Carried unanimously.
URGENCY ORDINANCE HAZARDOUS MATERIALS
The Town Manager stated this was an ordinance up for adoption. Mrs. Rasmussen
moved reading be waived for AN URGENCY ORDINANCE EXTENDING PROHIBITION
OF NEW STORAGE AND DISPOSAL OF HAZARDOUS SUBSTANCE AND
HAZARDOUS WASTE PENDING A STUDY OF APPROPRIATE PERMANENT
REGULATIONS. Mr. Daily seconded. Mrs. Rasmussen moved for adoption of
Ordinance No. 1965. Mr. Ferrito seconded. Carried unanimously.
REPORT-CABLE TV-NONPROFIT CORPORATION
Council information. Committee will be meeting later this week.
HANDICAPPED ACCESS POLICY
Mrs. Rasmussen moved Council accept staff recommendation and approve Council
Policy regarding Handicapped access as follows: For projects in existing buildings
where proposed construction valuation is less than $25,000 and where construction
cost, to modify or alter supporting restroom facilities are determined to be 20% or more
of the project cost, the building official may determine that an unreasonable hardship
exists due to such cost and may grant an exception approving the project without
requiring full compliance to handicapped regulations for existing restroom under the
following circumstances: (a) The supporting restrooms are not customarily used by
patrons, clients or patients; OR (b) there are other restrooms open to the Public within
200 feet of the proposed area of alteration, repair or addition which meet the
handicapped access regulations; (c) As a minimum, grab bars shall be required in
accordance with Title 24, Section 2-1711 (h) in all sanitary facilities serving the
remodeled area. Mr. Ferrito seconded. Carried unanimously.
LOS GATOS VILLAGE SQUARE TRAFFIC SIGNAL
The Director of Public Works spoke to Council regarding request from Los Gatos Village
Square developers requesting one of the conditions as set forth by Council regarding
the new traffic signal at the Los Gatos Village Square driveway be interconnected with
the existing signal at Gateway Drive. Their recommendation is to install the
interconnect conduit now to facilitate the installation of an interconnect system along
Los Gatos Boulevard at a future date. After further discussion, it was consensus of
Council to reaffirm the conditions Council set forth and deny request to delete this
condition.
GUADALUPE PRISON ISSUE
Mrs. Rasmussen moved to accept staff recommendation and transfer $750.00 from the
current year General Fund Contingency to the Town Manager's budget. Mr. Daily
seconded. Carried unanimously. Discussion was held regarding applications relative to
any use of Guadalupe College facility. Mr. Ferrito moved Council approve Council
policy exceptions to allow applicants without owner's signatures. Mr. Daily seconded.
Carried unanimously. The Town Manager instructed to notify lobbyist that Council is
putting off any decision regarding hiring of lobbyist, as results of latest information
Council has received.
ASSEMBLY BILL #809 (WATERS)
Mr. Ferrito moved Council go on record and endorse Assembly Bill #809, (relating to
prison construction). Mayor Ventura seconded. Carried unanimously. Staff to send
appropriate letters to various legislators.
LARK AVENUE OKA ROAD INTERSECTION PEDESTRIAN SAFETY
Mr. Arthur Hill spoke on need for crossing guard at this intersection and requested
Councils consideration. Discussion was held on Director of Public Works report of
various accidents at the intersection and in the vicinity. Other alternatives were
discussed. At Mrs. Benjamin's suggestion it was consensus of Council to request staff
report on feasibility of installing a pedestrian crossing lane at the signal of Garden Lane
and Lark Avenue.
WOOD ROAD & SO. SANTA CRUZ AVE. STREET LIGHT
Continued to April 4, 1983.
COUNTY SANITATION SPHERE OF INFLUENCE
Mayor Ventura gave a verbal report on County Sanitation District's sphere of influence
and spoke on his concerns. Mr. Daily moved Council authorize the Mayor to write a
letter informing County Sanitation District #4 of Council's opposition. Mrs. Rasmussen
seconded. Carried unanimously.
HIRING OF CONSULTANT-ATTORNEY RECRUITMENT
After some discussion, it was consensus of Council to continue this discission to April 4,
1983.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned at 1:40 a.m.
ATTEST:
Rose Aldag
Town Clerk