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M 10-05-1981TOWN COUNCI L ROLL CALL PLEDGE O F ALLEGIANC E REPORT RE : EXECUTIVE _SESSION The Town Council of the Town of Los Gatos met in the Counci l Chambers of the Town Hall at 7 :40 p .m .,in regular session . PRESENT : Thomas J . Ferrito, MarLyn J . Rasmussen, Brent N . Ventura and Mayor Peter W . Siemens ABSENT : Ruth Cannon . Given by all in attendance . Mayor Siemens reported on the Executive Session that was hel d prior to the Council meeting . The following matters wer e discussed : 1.Authorized an appeal of a decision relative to our Ope n Space Eminent Domain proceedings . Vote on said issu e was - AYES : Mr . Ferrito, Mr . Ventura and Mr . Siemens . NOES :Mrs .Rasmussen. 2.Council authorized an additional $500 .00 for material s for the Town Attorney to continue the prosecution o f our Medfly case . Vote on said issue was -AYES :Mr . Ferrito, Mr . Ventura and Mayor Siemens . NOES Mrs . Rasmussen . Authorized staff to develop an agreement with Rutan & Tucker, Attorneys, to defend the Town in the Vill a Vasona lawsuit . Also, authorize staff to prepar e transcripts of related hearings for the Attorney . Vot e on said issue was unanimous . Authorized the Town Attorney to take action needed t o allow the Town to publish legal notices in newspaper s other than the Times Observer . Vote was unanimous . Discussion on Pedro's lawsuit, took no action and i twillbe discussed in open meeting . 6.Authorized the Town Attorney to defend the Town i n Bandov lawsuit . 7.Discussed the Town Attorney's status report on th e possible Stop & Go Market nuisance litigation . The Town Manager, Mr . Mora, stated Mr . Wedemeyer was unabl e to attend the meeting tonight but would be in attendance a t the October 26th, 1981, meeting and presentation will b e made at that time . Mr . Ferrito moved for reappointment of Mr . Irwin Martin t o the Cultural Resources Commission . Mr . Ventura seconded . Unanimously carried . Mr . Ventura moved Alan Orr, Rolf Bondelie and Mark A . Erickson be appointed to the Town Retirement Board . Mr . Ferrit o seconded . Unanimously carried . The Town Clerk declared there are two vacancies on the Personne l Board and three applicants for said positions . The names o f the applicants are Michael McFerran, Robert A . Booth and Kenneth A . Murray . Nominations were made and Mr . McFerra n and Mr . Booth receive d .majority vote and were appointed t o the Personnel Board . Mr . Ferrito requested correction of the September 9, 1981 , minutes, page 7, subject - ADJOURNMENT - the first sentenc e to read, "Councilman Ferrito moved that Council adjourn th e meeting to September 14, 1981, and to continue consideratio n of the adoption of a Resolution commending Marlon Smith t o such adjourned meeting . Mrs . Cannon seconded . Unanimousl y carried ." Mr . Ferrito moved minutes be approved as corrected . Mrs . Rasmussen seconded . Carried by a vote of three ayes . Mr . Ventura abstained . PRESENTATIO N C . WEDEMEYE R APPOINTMENT .- CULTURA L RESOURCE S COMMISSIO N APPOINTMENTS - TOWN RETIREMEN T BOARD APPOINTMENTS - TOWN PERSONNE L BOARD MINUTES 3 . October 5, 198 1 Los Gatos, Californi a MINUTES Mr . Ventura referred to minutes of September 21, 1981, pag e(CONTINUED)3,subject - APPEAL on Wine Tasting at Old Town . The followin g sentence be added before the public hearing was closed . "Council informed Mr . Hamilton that his written statement give n as reasons for the appeal was in error and the Council offere dMr. Hamilton the opportunity to withdraw his appeal ." Mr . Ventura moved minutes of September 21, 1981, be approved a samended. Mr . Siemens seconded . Unanimously carried . WRITTEN 1 . Letter from Los Gatos Union School District, addresse dCOMMUNICATIONSto Jerry Scribner, Project Manager of Medfly Project a t the Berry School, informing Mr . Scribner that there ar e certain conditions of the lease to which the State ha s not adhered . (Will be discussed later, item VIII B-10).2.Letter from Barbara F . Winckler,Mayor of the City o f Monte Sereno, re Route 85 Right-of-way Acquisition EI S and requesting Council's support to establish policy an d allocate funds to protect parcel within the corrido r against development . Staff requested to pursue obtaining copy of EIS before any further action is taken . 3.Letters from Olin Grubb, 149 El Altillo ; Deanna Eitreim , 112 Los Patios ; Donna Matthews, 114 Los Patios an d Mr . & Mrs . O .J . Schulte, 104 Los Patios opposing th e rezoning of Anderson property located at Pollard an d Quito Roads . (Later Agenda item V-C ) 4.Letter from Mrs . A . Barros, 129 Callecita, supporting th e rezoning of Anderson property located at Pollard an d Quito Roads . (Later agenda item V-C ) 5.Treasurer's monthly report for August, 1981 . BID AWAR D PROJECT 216-SS Mrs . Rasmussen moved Council accept the staff re :Ommendatio n and award the contract for Winchester Boulevard RAiTroa d crossing - Project 216-SS,to Raisch Construction C ipany i nthe amount of $81,816 .00 . Authorize the Mayor anâ . Clerk to sign said contracts on behalf of the Town and ;,.a7 .cat e $91,000 of the $250,000 appropriated for the Wincheste r Boulevard improvements in the 1981-82 budget to cover cost s and contingencies for the project . Mr . Ventura seconded . Unanimously carried . PUBLIC RIGHT-Mayor Siemens stated this was the time and place duly publishe d OF-WAY VACATION for public hearing on the request to vacate excess publi c 234 LOS GATOS right-of-way across the front of 234 Los Gatos Boulevard . BOUT,FVARD After some discussion, Mr . Ferrito moved public hearing b e continued to October 26, 1981,until the Planning Commissio n has made a determination that the proposed vacation is no t contrary to General Plan and staff to study possible additiona llandscapingonthe property as a condition for vacation . Mr .Ventura seconded . Unanimously carried . SIGN ORDINANCE Mayor Siemens stated this was the time and place duly publishe d MODIFICATION for public hearing on Zoning Ordinance Amendment A-81-5 , requesting modification to the Sign Ordinance provision relatin g to directional signs and other provisions that may relate t o either the definition or limitations of directional signs . Lois Chapson, 323 Pennsylvania Avenue, stated she felt th e ordinance was not specific enough . Good signing is an art for m and she feels details should be spelled out . Signs could b e smaller and color coded and feels church directional sign s are important, as church buildings are used 7 days a week an d not just for worship on Sundays . Mr . Dan Simons and Dougla s Rider expressed their thanks to Council and staff for provision s of directional signs in certain areas . After further discussio n and no one else in the audience wishing to speak on this issue , Mr . Ventura moved hearing be closed . Mr . Ferrito seconded . Unanimously carried .Mrs .Rasmussen moved reading be waive d for AN ORDINANCE OF THE TOWN OF LOS GATOS CHANGING THE DEFINITION 6 1 October 5, 1981 Los Gatos, Californi a OF VEHICULAR DIRECTIONAL SIGNS AND ALLOWING SUCH SIGNS SHOWIN G THE DIRECTION TO A PRIVATE FACILITY THAT SERVES THE GENERA L PUBLIC UPON CERTAIN FINDINGS BY THE PLANNING DIRECTOR . Mr . Ferrito seconded . Unanimously carried . Clerk read title . Mr . Ferrito moved Ordinance be introduced and staff be directe d to draft standards for sign review and submit to Council fo r approval .Mrs .Rasmussen seconded . Unanimously carried . ZONE CHANGE Mayor Siemens stated this was the time and place duly publishe d ANDERSON for public hearing to consider Zone Change Application Z-50-3A , PROPERTY requesting zone change from R-1 :20,000 to R-1 :20,000-PD . Wayne POLLARD AND Brown of Brown . and Kauffman spoke on behalf of the project r e QUITO ROADS location of BMP units and the reasons he believes Council shoul d favor the project . Mr . Brown informed the Council the pric e of the BMP units are in the neighborhood of $60,000 and size i s 12,000 square feet . Barbara Sauer,past President of the Boar d of Directors of Rinconada Hills, spoke in opposition of th e rezoning, stating she would favor single family residentia l development . Gary L . Sweet, President of Rinconada Hill s Association, stated the residents are concerned about th e generation of more traffic . Dave Hopkins, Board member o f Rinconada Hills Association, stated he feels this plan is bes t design for the area . Louie Frankx, past member of Board o f Directors of Association, stated no official poll . has bee n taken but feels planned development landscaping is best fo r community and views this plan as more desirable than individua l single family development . Don Chesnie spoke in favor of PD . Mayor Siemens read letter from Mrs . L . Lefcon, opposing th e proposed development and urging Council to oppose same . Ther e being no one else wishing to speak on this issue, Mr . Ferrit o moved hearing be closed . Mrs . Rasmussen seconded . Unanimousl y carried . Mr . Ventura moved Council make negative declaration . Mrs . Rasmussen seconded . Carried by a vote of three ayes . Mr . Ferrito voting no . Mr . Ferrito moved reading be waived fo r AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO .FROM R-1 :20,000 TO R-1 :20,000-PD . Mrs . Rasmussen seconded . Unanimously carried . Clerk read title . Mr . Ventura moved Ordinance be introduce d as finds the rezoning is consistent with the General Plan . Mrs . Rasmussen seconded . Carried by a vote of three ayes . Mr . Ferrito voting no . RECESS Mayor declared a recess . Meeting reconvened at 9 :43 p .m . PEDRO'S APPEAL Mayor Siemens stated this was the time and place duly noted ,:. HANDICAP ACCESS for the continued hearing on appeal of Planning Commission's RAMP approval of Architecture and Site Application S-75-35B , requesting permission to construct a handicap access ramp an d canopy at existing restaurant . Mr . Hays, Town Attorney , reported on the field trip held October 3, 1981, where Counci l considered two alternatives : 1 . Converting what is now a window adjacent to the fron t entrance into a primary access which is required b y law and ; 2 The other is to lower stairway in front so ther e could be a straight in entrance . Council wants further estimates from staff as to what the cos t would be on these proposals before final action is taken . Mr . Ray Powers, from audience, stated he wished to than k Council for taking the time to look into this situation . After further discussion, Mrs . Rasmussen moved hearing b e continued to October 26, 1981 and direct staff to furnis h Council with cost estimates on alternatives . Mr . Ventur a seconded . Unanimously carried . TOWN GOALS Mayor Siemens stated this was the time and place duly publishe d STATEMENT to consider Town Goals statements . Mr . Mora stated over the past months Council has held study sessions dealing with goa l SIGN ORDINANCE MODIFICATIO N (CONTINUED) - 3 - 6 2 October 5, 198 1 Los Gatos, Californi a TOWN GOALS statements and this hearing is for anyone wishing to add inpu t STATEMENT to Council's statements . Mr . Mora explained the purpose o f (CONTINUED)the goal statements is to define policy for the Town in numbe r of broad areas . There being no one in the'audiénce wishing t o speak on this issue, Mrs . Rasmussen moved hearing be closed . Mr . Ferrito seconded . Unanimously carried . Discussion wa s held on the various goal statements and following suggestion s for amendments were made , Character of Downtown Area : Second element should read "Assure compatability o f commercial developments existing residential areas an d to the Los Gatos environment". Element no .3 last sentence will -be separate • element . Police Services : Reword the last element to . read, "Emphasis constructiv e cooperative Youth Oriented Services and programs ." Town Identity : First element to read, "Retain the victorian character an d architectural history of the Town , Mr . Ferrito suggested a written introduction be attached t o the Goals statement which would point out that these goa l statements are not in order of priority of any one category o r within categories . This be done before the adoption of th e resolution . Mr . Ferrito moved the adoption of the resolutio n be continued to October 26, 1981, and goals be redrafted . Mr . Ventura seconded . Unanimously carried . OLDE DRIVE .Mr . Douglas Lincoln, spoke on traffic problems on Olde Driv e and requested Council to instruct the developer of tract t o complete Olde Drive as was agreed upon when the Surrey Farm s Tract was developed . Mr . J . Van Houten, Director'._of Publi c Works, stated the Town records donot support Mr .'ncoln's contention .Mr .Joe Duffy, from the audience, state-f -th e previous Council had assured Mr .Lincoln and himself that Old e Drive would be completed . Discussion was held on the obligatio n of the Town . After further discussion, Mr . Ferrito moved t o have staff research the records further . Mr . Ventura seconded . Unanimously carried . COUNCIL ON Mr . Harry Cohen, from the audience, reported to Council regardin gAGING DELEGATE Council on Aging Delegate to Washington, stating Sacrament o is selecting delegates . USE OF BERRY Mr . Van Houten, referred to staff report which states tha t SCHOOL FOR while there were no significant traffic hazards, heavy traffi c MEDFLY PROJECT and parking volumne were generated-by-the Medfly Operation . State and employee vehicles are parked on site on all of th e parking lots, paved playground areas and much of the turf area . A number of portable buildings have been moved onto the sit e and helicopter landings occur on the turfed area . The use o f Berry School as headquarters for the Medfly project is no w nonconforming because it does not have a conditional use permit . Dick Jackson, Deputy Director of Medfly Program, spoke t o Council on use of helicopters and various parking problems i n conjunction with said operations . Mr . Ferrito asked by whos e authority that helicopter have the right to land on said propert ;; and suggested the Town Attorney research this . Dianne Hahn , Manager of Oka Road Apartments, spoke to Council re complaint s she has received from tenants of the apartments regardin g parking problems, noise from helicopter landings, T V interference, etc . Gordon Payne, spoke on the dangers .o f landing of helicopters . Mr . Bob Hamilton spoke on landings o f helicopters . After further discussion, Mr . Ferrito moved t o refer the report to Planning Commission for hearing pursuan t to Zoning Ordinance Section 3 .50 .087 (Grounds for determinin g that a non-conforming use is no longer lawful) and a letter 3 October 5, 198 1 Los'Gatos, Californi a USE . OF BERRY be sent to each School Board member with copy to Mr . Walton SCHOOL FOR advising them the Council does not feel the Board is meetin g MEDFLY PROJECT standards of the PS Zone . Also,request the Board to mak e (CONTINUED)periodical reports to the Town giving status of Berry Schoo l use and lease . Mr . Ventura seconded . Unanimously carried . Mr . Ventura, on consensus motion, moved to instruct th e Police Department to step up Police Activities in the vicinit y of Berry School and enforce all applicable laws and instruc t the Medfly Program to install warning lights on high tensio n wires in said vicinity . Mrs . Rasmussen requested staff t o send a letter to Governor Brown advising of the Town's action and concerns for safety and urgency of situation . CONTINUATION Mrs .Rasmussen stated Council has adopted .a Resolution . statin g OF MEETING meetings will not go beyond midnight and as the hour is now midnight, she would move meeting be continued until 12 30 a .m . -Mr . Ferrito seconded . Carried by a vote of three ayes . Mr . Ventura voting no . BANK OF The Town Attorney referred to a report regarding the Bank o f AMERICA SIGN -America Versateller sign . Mr . Minatre, installer of the sign , 333 N . SANTA stated he had received approval from the Planning Departmen t CRUZ AVENUE to install this sign . After some discussion as to how thi s could be handled, Mr . Ferrito suggested an agreement be drafte d between Mr . Minatre and the Town with a time limit set fo r removal of this sign . Mr . Minatre agreed with the suggestion . Mr . Ventura moved matter be referred to staff for preparatio n of an agreement with Mr . Minatre allowing sign to remai n five years . Mr . Ferrito seconded . Unanimously carried . TAPING OF Mr . Ferrito moved reading be waived for ORDINANCE OF THE :. TOWN EXECUTIVE OF LOS GATOS REQUIRING THE COUNCIL TO DESIGNATE A PERSON T O SESSIONS TAPE RECORD CLOSED SESSIONS AND DIRECTING THE TOWN CLERK T O KEEP THE TAPES AS CONFIDENTIAL RECORDS . Mrs . Rasmussen seconded . Unanimously carried . Clerk read title . Mr . Ferrito move d Ordinance be introduced . Mrs . Rasmussen seconded . Unanimousl y carried . L-CC REQUEST Discussion was held on this request and it was consensus o f FORAMICUS Council to instruct the Town Attorney to write to the Leagu e CURIAE asking for more facts of the case . APPEAL OF WINE Mr . Ferrito moved for adoption of Resolution No .1981-209 TASTING AT OLD entitled, A RESOLUTION GRANTING AN APPEAL FROM THE DECISIO N TOWN OF THE TOWN PLANNING COMMISSION . Mrs . Ventura seconded . Carried by a vote of three ayes . Mrs . Rasmussen voting no . APPEAL - BOITANO Mr . Ventura moved for adoption of Resolution No .1981-21 0 REZONING entitled, A RESOLUTION DENYING AN APPEAL FROM THE DECISION O F THE TOWN PLANNING COMMISSION . Mr . Ferrito seconded . Unanimously carried . CLAIM FOR Mr . Ventura moved Council accept staff recommendation and den y DAMAGES said claim filed by Western Title Insurance . Mrs . Rasmusse n seconded . Unanimously carried . VERBAL Louise Lincoln, stated Jo Bartlett had asked her to make th e COMMUNICATIONS following announcement . The Judge gave ZUM opponents permissio n to submit petitions for two weeks and Mrs . Bartlett will hav e those petitions for interested persons . Mr .. Ventura moved t o make Town resources available for xeroxing petitions and b e available at Clerk's Office . Motion died for lack of second . Bob Hamilton reported to the . Director of Public Works of a stop sign being down at Capri and Winchester Boulevard . CONTINUATION . Mrs . Rasmussen moved meeting be continued for another 1 5 OF MEETING minutes . Mr . Ferrito seconded . Carried by a vote of thre e ayes . Mr . Ventura voting no . 5 - 3 October 5, 198 1 Los Gatos, Californi a NOTICE OF Mr . Ferrito moved Certificate of Acceptance and Notice o f COMPLETION Completion for Newcomb, 17627 Foster Road be approved an d NEWCOMB - 17627 Mayor be authorized to sign on behalf of the Town . Mrs . FOSTER ROAD Rasmussen seconded . Unanimously carried . PLANNING REPORT Mr . Ferrito moved Council accept the status of Plannin g matters for the month of October . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved for adoption of Ordinance No . 1517 entitle d AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G ORDINANCE EFFECTING ZONE CHANGE NO . 55 PREZONING TO R-1 :5,000 . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved to accept staff report on cost informatio n on money spent for handicapped access . Report states durin g the last five fiscal years (1977-78 through 1981-82) the Town has spent $175,680 on projects and equipment for the provision s of access for the handicapped to public property . An additional $185,524 was spent on construction of public rest - rooms (at Parks). The construction of the Neighborhood Cente r which is fully accessible, has cost $1,013,658 to date . Mrs . Rasmussen seconded . Unanimously carried . Staff to repor t back to Council as to when Town might budget for makin g restrooms in Civic Center accessible to handicapped persons . Mr . Ferrito moved to accept staff report on the schedule d public hearings for the October 26, 1981 meeting . Mrs . Rasmussen seconded . Unanimously carried . Mr . Ferrito moved to approve the September payrol l -in the amount of $279, 967 .47 and warrant demands in the amount of $490,512 .12 . Mrs . Rasmussen seconded . Unanimously ,carried . Mr . Ferrito moved to accept staff recouunendationrand _continu e this matter to November 9, 1981, meeting . Mr . Ven t ra seconded . Unanimously carried . Mr . Ferrito moved for adoption of Resolution No . 1981-21 1 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES, PROCEDURE S AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE PROGRAM . Mr . Ventura seconded . Unanimously carried . BMP UNIT - DEED The Town Manager reported on the proposed deed restrictio n RESTRICTIONS resolution stating this covered the first BMP unit at Forbe s FORBES MILL Mill and there will be similar forms for the other three BM P units . Discussion was held as to rental amounts and term s of leases . Mr . Ferrito moved_to change the wording on page 9 , paragraph 10, by deleting in the third sentence ".. o r issue ..". Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved for adoption of Resolution No . 1981-212 (a s amended) entitled, A RESOLUTION APPROVING THE BELOW MARKE T PRICE PROGRAM DEED RESTRICTIONS . Mr . Ventura seconded . Unanimously carried . SCHEDUT .F, OF Mrs . Rasmussen moved for adoption of Resolution No . 1981-213 VARIOUS FEES -entitled, RESOLUTION ESTABLISHING A FEE SCHEDULE FOR ZONING , PLANNING,CALIFORNIA ENVIRONMENTAL QUALITY ACT, SUBDIVISION PROCEEDING S ENGINEERING AND AND VARIOUS ENGINEERING SERVICES . (This approved column B SUBDIVISION on report which gives Town 75% recovery of costs of fee s minus any charge for filing of appeals). Mr . Ventura seconded . Carried by a vote of three ayes . Mr . Ferrito voted no on th e ground that he feels the Town should get 100% cost recover y on processing development fees . SCHEDULE OF Mr . Ventura moved for adoption of Resolution No . 1981-21 4FEES FOR COPYING entitled, A RESOLUTION REPEALING RESOLUTIONS NO . 1969-77 , PREZONING - LEWIS PROPERT Y AT 140 CREFFIEL D CIRCLE . REPORT O N HANDICAPPED ACCESS PROJECT S SCHEDULE O F PUBLIC HEARING S PAYROLL AN D WARRANT DEMAND S HOUSING FOR LO W MODERATE -8c SENIOR CITIZEN S BMP PROGRAM 6 5 SCHEDULE OF NO . 1970-138 AND NO . 1974-169, AND ESTABLISHING A SCHEDULE O F FEES FOR COPYING FEES FOR THE COPYING OF RECORDS . Mrs . Rasmussen seconded . (CONTINUED)Unanimously carried . ESTABLISHING Mr .Ventura moved for adoption of Resolution No . 1981-21 5 SCHEDULE OF FEES entitled, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN O F FOR POLICE LOS GATOS ESTABLISHING A SCHEDULE OF FEES FOR CERTAIN POLIC E SERVICES DEPARTMENT SERVICES . Mr . Ferrito seconded . Unanimousl y carried . SPECIFICATIONS Mrs . Rasmussen moved Council .approve specifications an d FOR VEHICLES &authorize advertising for bids to be opened at 3 :00 p .m .,o n EQUIPMENT October 28, 1981, for the purchase of the following vehicle s and equipment : Tractor Loader (2 ) High Pressure Spraye r Line Remove r Three-quarter Ton Pick-up truck . Mr . Ferrito seconded . Unanimously carried . SPECIFICATIONS After some discussion on the specifications, Mr . Ventura move d FOR 8 NEW Council approve the specifications and authorize th e POLICE VEHICLES advertising for bids to be opened at 3 :00 p .m .,October 28 , 1981 .Mrs .Rasmussen seconded . Mr . Ferrito asked that motio n include to direct staff to . have report relative to the Hugh s Heiss report back to Council in 50 days . Mr . Ventura agree d as did Mrs . Rasmussen . Carried by a vote of three ayes . Mr . Siemens voting no . - ELIMINATION OF BARRIERS FOR PHYSICALLY HANDICAPPE D ENERGY COMMISSIO N CONSERVATIO N PROGRAM FORBES MILL PEDESTRIA N BRIDGE MEDIAN ISLAND - BLOSSOM HILL .BETWEEN LOS GATOS BOULEVAR D AND CAMELLI A TERRACE Mr . Ferrito moved for adoption of Resolution No . 1981-21 6 entitled, A RESOLUTION OF THE COUNCIL OF THE TOWN OF LO S GATOS ENCOURAGING THE ELIMINATION OF BARRIERS TO PHYSICALL Y HANDICAPPED PERSONS . Mrs . Rasmussen seconded . Unanimousl y carried . Town Council received a letter from the California Energ y Commission regarding local governments and/or communit y groups contracting with a utility to provide a Residentia l Conservation Service (RCS) Program . No action . Staff recommended that Council review the staff report an d any presentation by Forbes Developers and authorize staf f to accept an $8,500 payment as a . fulfillment of the developer s responsibility for repair and painting of the pedestria n over-crossing . Tom Fleischli, Assistant Project Manage r for Prometheus Development Co ., spoke to Council an d requested that Prometheus Development Co . to have the opportunity to do the repair and the painting of the pedestria n bridge and not pay the $8,500 and are asking for a week s extension to discuss this with the developers . Mrs . Rasmusse n moved to approve report including agreement with the Stat e to complete work and Forbes Mill Developers be given on e week to determine their participation . Mr . Ventura seconded . Unanimously carried . Mr . Ferrito moved to accept staff recommendation and authoriz e staff to construct a temporary median island of raised whit e traffic bars and pavement striping at estimated cost o f $1,000 . Mr . Ventura seconded . Unanimously carried . REPORT ON Mr . Ventura moved this matter be continued to October 26, 1981 . POLICE SERVICES Mrs .Rasmussen seconded . Unanimously carried . TO MONTE SEREN O MEDIATION BOARD Due to the absence of representative from the Mediation Board , REQEUST FOR Mrs . Rasmussen moved this matter be continued to October 26 , HONORARIUM ,- 7 - October 5, 198 1 Los Gatos, Californi a MEDIATION BOAR D REQUEST FO R HONORARIUM (CONTINUED) 1981 . Mr . Siemens seconded . Carried by a vote of thre e ayes . Mr . Ventura abstained . The Planning Commission reported to the Council that o n September 23, 1981, Mr .Sam Laub was elected to Chairma n of the Planning Commission and Barbara Spector was electe d Vice-Chairman . It was consensus of Council to direct staff to develo p ordinance for consideration regarding time limits t o withdraw appeals, and other procedures re appeals . Mr . Ventura moved to direct the Planning Commission t o limit study of late hour operations to convenience stores , with priority less than the General Plan .Mrs .Rasmusse n seconded . Unanimously carried . Mrs . Rasmussen requested staff to investigate the securin g of public officials liability insurance . Manager state d this is being looked into . Mrs . Rasmussen requested staff report as to disposition o f legal complaints regarding Town Ordinances . Mrs . Rasmussen moved Mayor issue proclamation declarin g Saturday, October 24, 1981, as Jim Sugai Day in honor o f his Youth Park support activities . Mr . Ventura seconded . Unanimously carried . The Town Manager announced that due to the Leagueo f California Cities Conference being held October 17th throug h the 20th,there will not be a quorum for the October 19th, 1981, meeting . Therefore, the meeting will be _hel d on October 26, 1981 . Mr . Ventura moved Council authorize additional payment o f $2,850 .37, for payment to Town Attorney for Medfly litigation . Mr . Ferrito seconded . Carried by a vote of three ayes .Mrs . Rasmussen voting no . Mayor Siemens declared the meeting adjourned at 1 :20 a .m ., Tuesday, 'October 6, 1981 . ATTEST : Rose E . Alda g Town Cler k PLANNING COMMISSIO N ELECTION PROCEDURE S CONCERNIN G APPEAL S CONVENIENC E STORE S COUNCIL ITEM S NEXT COUNCI L MEETING MEDFLY BILLING ADJOURNMENT