M 07-17-89TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JULY 17, 1989
MINUTES
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council
Chambers of Town Hall, 110 E. Main St., at 7:30 p.m., Monday, July 17, 1989, in
regular session.
ROLL CALL
PRESENT:Eric D. Carlson, Robert L. Hamilton, Thomas J. Ferrito, and
Mayor Joanne Benjamin.
ABSENT:Brent N. Ventura
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mary Jo Levinger, Town Attorney, reported that Council had met in Closed
Session prior to this evening's meeting, pursuant to Government Code Section
54956.9 (a) to discuss Pending Litigation. The case Meyer v. Pang was
discussed. There is no report from that discussion. The case Town v.
Lake/Faltersack was discussed. there is no report from that discussion. The
case Dr. Kang Ming Ho v. Town was discussed. There was no report from that
discussion.
The Council also met pursuant to Government Code Section 54956.9 (c) to
discuss Institution of Litigation regarding Happy Acres Road, the Elliott property,
and there was no report from that discussion. The Institution of Litigation
regarding Villa Vasona and Hackett were not discussed. They are to be
discussed at the end of the Council meeting in closed session.
SCHEDULE OF PUBLIC HEARING
Council approved report regarding upcoming scheduled public hearings.
15785 BLACKBERRY HILL ROAD/COUNTY REFERRAL
Moved by Mr. Carlson, seconded by Mr. Hamilton to forward a recommendation
for approval to the County of Santa Clara subject to the five conditions referred to
in the July 14, 1989 staff report. Motion carried by a vote of 4 ayes. Mr. Ventura
absent.
17689 BLACKBERRY HILL ROAD/COUNTY REFERRAL
Moved by Mr. Carlson, seconded by Mr. Hamilton to forward a recommendation
for approval subject to six conditions listed in the July 14, 1989 staff report.
Motion carried by a vote of 4 ayes. Mr. Ventura absent.
HICKS ROAD/COUNTY REFERRAL
Moved by Mr. Carlson, seconded by Mr. Hamilton to request the Mayor
communicate to Supervisor Wilson the Town's dissatisfaction with the lack of
support of the Board of Supervisors for our Hillside Plan. Motion carried by a
vote of 4 ayes. Mr. Ventura absent.
Moved by Mr. Ferrito, seconded by Mr. Carlson to have staff investigate further
legal remedies and report back to Council. Motion carried by a vote of 4 ayes.
Mr. Ventura absent.
STATE-LOCAL-TRANSPORTATION DEMONSTRATION FUNDS
Moved by Mr. Carlson, seconded by Mr. Hamilton that the Council adopt
Resolution
1989-127 entitled A RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE APPLICATION FOR STATE SHARE FUNDS STATE-LOCAL-
TRANSPORTATION DEMONSTRATION PROGRAM FUNDS (SB 140,
CHAPTER 24 STATUTES OF 1988) FOR THE RECONSTRUCTION/OVERLAY
OF KNOWLES DRIVE. Motion carried by a vote of 4 ayes. Mr. Ventura absent.
TOWN OF LOS GATOS 1989-90 APPROPRIATIONS LIMIT
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt resolution
1989-128 entitled A RESOLUTION OF THE TOWN OF LOS GATOS SETTING
THE FISCAL YEAR 1989-90 APPROPRIATIONS LIMIT FOR REVENUE
GENERATED FROM "PROCEEDS OF TAXES" PURSUANT TO ARTICLE
XIII(B) OF THE STATE CONSTITUTION establishing the appropriations limit for
the Town of Los Gatos for the fiscal year 1989-90 at $9,951,100. Motion carried
by a vote of 4 ayes. Mr. Ventura absent.
TOWN OF LOS GATOS AUTHORIZED POSITION AND CLASSIFICATION
PLAN FOR 1989-90
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt Resolution
1989-129 entitled A RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING POSITION AND CLASSIFICATION PLAN FOR FISCAL YEAR
1989-90 establishing the Position and Classification Plan for Fiscal Year 1989-
90. Motion carried by a vote of 4 ayes. Mr. Ventura absent.
AMENDMENT OF MANAGEMENT PLAN FOR FISCAL YEAR 1989-90
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt resolution
1989-130 entitled A RESOLUTION OF THE TOWN OF LOS GATOS
AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN
FOR FISCAL YEAR 1989-90 approving the Management and Compensation
plan for the Fiscal Year 1989-90. Motion carried by a vote of 4 ayes. Mr.
Ventura absent.
\
ESTABLISHMENT OF CONFIDENTIAL EMPLOYEE CLASSIFICATIONS,
COMPENSATION AND WORK RULES
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt Resolution
1989-131 entitled A RESOLUTION OF THE TOWN OF LOS GATOS
ESTABLISHING CONFIDENTIAL EMPLOYEE CLASSIFICATIONS,
COMPENSATION AND WORK RULES establishing classifications and
compensation as shown in Exhibit A, and benefits and work rules, as shown in
Exhibit B. Motion carried by a vote of 4 ayes. Mr. Ventura absent.
TEMPORARY EMPLOYEE SALARIES FOR FISCAL YEAR 1989-90
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt Resolution
1989-132 entitled A RESOLUTION OF THE TOWN OF LOS GATOS SETTING
TEMPORARY EMPLOYEE SALARIES FOR FISCAL YEAR 1989-90 establishing
salaries for temporary employees as shown in Exhibit A. This resolution rescinds
Resolution 1989-4. Motion carried by a vote of 4 ayes. Mr. Ventura absent.
AMENDMENT OF ZONING ORDINANCE IN THE CONTROLLED
MANUFACTURING ZONE
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt Ordinance
1793 entitled ORDINANCE OF THE TOWN OF LOS GATOS CONSIDERING
AMENDMENTS TO THE ZONING ORDINANCE CONCERNING THE USES
PERMITTED IN THE CM (CONTROLLED MANUFACTURING) ZONE amending
Section 4.74.020 of the Zoning Ordinance regarding Permitted Uses. Motion
carried by a vote of 4 ayes. Mr. Ventura absent.
AMENDMENT OF ZONING ORDINANCE PERMITTING FINANCIAL
INSTITUTIONS IN VARIOUS ZONES WITH CONDITIONAL USE PERMIT
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt Ordinance
1794 entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE CONCERNING THE CATEGORIES OF FINANCIAL
INSTITUTIONS PERMITTED IN VARIOUS ZONES WITH A CONDITIONAL USE
PERMIT amending Section 5.20.205 of the Zoning Ordinance relating to
categories of high traffic generators. Motion carried by a vote of 4 ayes. Mr.
Ventura absent.
AMENDMENT OF ZONING ORDINANCE RELATING TO RESIDENTIAL
ZONES, AND LOT FRONTAGE IN STREET
Moved by Mr. Carlson, seconded by Mr. Hamilton that Council adopt Ordinance
1795 entitled ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE CONCERNING REQUIREMENTS FOR LOT
FRONTAGE adding Section 3.10.050 regarding required Lot Frontage. Motion
carried by a vote of 4 ayes. Mr. Ventura absent.
VERBAL COMMUNICATIONS
Mayor Benjamin stated that this was the time and place for anyone who wishes
to address the Council regarding matters not on the July 17, 1989 Council
Agenda.
Mr. Jeremiah O'Shea of 6437 Escoella Drive, Santa Cruz, an employee with the
Transportation Agency and a member of Amalgamated Transit Local Union 265,
addressed the Council regarding unfair labor practices by the Santa Clara
County Transit District. Mr. O'Shea presented the Council with materials,
highlighting key information relative to his complaint of alleged racketeering and
unfair labor practices by the Transit District.
Mr. Ferrito asked if any Union was representing this matter. Mr. O'Shea stated
that the Union was part of the problem. Mr. Ferrito asked if any litigation had
been filed. Mr. O'Shea stated that he had filed a grievance. Mr. Carlson
suggested that the Town Attorney consult with Mr. Ventura, who is the Council's
representative on the Transportation Commission, to see if there is anything the
Council can do to support or oppose either side of the issue.
hORSE DRAWN CARRIAGES/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider the introduction of an ordinance regulating Horse Drawn
Carriages, including adoption of a resolution amending Schedule of Fees.
Police Chief Larry Todd indicated that the Los Gatos Police Department had
been working closely with the current operator and that Ms. West had been very
cooperative. The Police Department, however, has concerns regarding safety
and sanitation of the operation. The past Ordinance did not address these and
other issues. In the past the Council had given the chamber of Commerce
approval with limitations, to operate during the Christmas/Holiday season.
Chief Todd mentioned having looked at other Communities which have this type
of operation. They acknowledge that there are traffic concerns. The exception
was Nevada City. All communities felt the benefits were in the attraction to the
business area. This offset the traffic safety issues.
The Police Department has also looked at other areas in our Community which
might be more conducive to the operation. The Police Department feels other
areas may be even more of a hazard due to faster and higher volume traffic.
It is the Police Department's position that Ms. West did not apply for a business
license to operate on an ongoing basis downtown. The original application was
for weddings. The Police Department did not perceive that there would be any
great demand for the operation and they were willing to work with her before
applying restrictions or expressing a concern to the Council.
Mr. Ferrito indicated his concerns regarding safety and cleanliness. He stated
that Los Gatos' narrow streets do not change in December. Mr. Ferrito indicated
he had some real difficulty with the December issue. Mr. Ferrito feels that the
Town should start with a "clean slate" and should decide the safety and
cleanliness issues without regard to some special activity.
Chief Todd mentioned that the approval for the Chamber of Commerce to
operate the Horse Carriages in December had historical precedence. Traffic is
slower and the Police Department would be recommending non-peak hour
operation. The Community has been willing to tolerate the operation in the spirit
of the Holiday Season.
Mr. Carlson asked if the interpretation of the Ordinance was that anyone wishing
to operate a horse carriage in December would contact only the Police
Department. At other times operators would need approval from the Town
Council, as well as, the Police Department. Mr. Carlson felt that the Ordinance
seemed to favor the Chamber of Commerce.
Mr. Hamilton stated that it looked clear from the Home Occupation Permit that
the permit was for things other than weddings even though it states "primarily for
weddings".
Chief Todd explained that the Home Occupancy Permit was issued without
contacting the Police Department which would be normal for a permit of this type.
At some point in time Ms. West contacted the Police Department to get
information regarding the Vehicle Code requirements. It was the Police
Department's understanding that this was for weddings and other limited use.
Mr. Hamilton asked when and how this matter had been brought to the attention
of the Police Department.
Chief Todd explained that it was clear that the operation was in violation of the
Vehicle Code regarding waste materials and reports from Officers as an unsafe
operation, causing extreme traffic congestion, in the downtown area.
Mr. Hamilton questioned whether the operation could operate in parks.
Chief Todd indicated that it was possible to approve use in our own parks but the
County would have to approve operation in their jurisdiction.
Mr. Ferrito stated that the Town requires one million dollars liability insurance for
Taxis and the proposal for this Ordinance is one million dollars liability insurance.
Chief Todd felt that carriage operations should be prohibited in general except for
special events as proposed in the Ordinance.
Mayor Benjamin asked for comments from the applicant, Ms. Lorraine West,
Carriage Trade, 18 Oak Hill Way, Los Gatos.
Ms. West submitted additional petitions, three letters from the City of Nevada and
a copy of Nevada City Ordinance 85-1 entitled Curb Markings & Towing of
Vehicles.
Ms. West then gave background information regarding her procedure in securing
her Home Occupancy Permit, Business License and research she had done
regarding the start up of her business. She started that she had gone to the
Clerk's office, Attorney's office and Police Department to cover all bases. It was
unclear as to where her type of business would fit. She stated that she had
checked definitions with the Attorney's office and it was decided that she
belonged in the category of general business based on estimated gross receipts.
Ms. West indicated that her intention was not to make her business exclusively
weddings and her permits indicate Horse Drawn Carriage for hire.
Ms. West was given the guidelines of the Christmas program which stated that
she was to have a "slow moving vehicle" sign and that she would need one half
million dollar liability insurance. Those where the only requirements indicated.
Ms. West stated that a Police officer stopped her on her first night out to inquire
about lighting and hours of operation. She feels she is getting conflicting
requests from the Police Department regarding hours and safety concerns.
Ms. West stated that she has very good visibility from the carriage and uses hand
signals to assist passing vehicles and that she operates safely.
Ms. West asked a series of questions regarding other requirements in the
Ordinance which relate to training, health of the animal, and vehicle inspection.
Chief Todd responded that the language in the Ordinance was almost verbatim
from San Francisco, San Diego, and Sacramento. The Ordinance clearly states
that the operator is to be certified.
Chief Todd indicated that all provisions would be appealable through the Police
Chief and Town Manager which is standard and recognized by the Courts.
Mr. Hamilton asked Ms. West for her operating hours and asked if she had a set
route. Ms. West indicated Bean, Wilder, Tait, Massol, Bachman and Nicholson
as her primary route but she does do special requests.
Mr. Carlson asked about restricting hours of operation and eliminating certain
streets and adequate sanitation controls. Mr. Carlson stated his concerns
regarding additional operations of this nature.
Ms. West suggested a time limit be imposed to clean up waste, allowing her to
pull into red zones to allow traffic to pass and posting the streets with Yield for
Carriage signs.
The following people spoke in favor of the Horse Drawn Carriage:
JANET CARTER, 243 JO DRIVE, LOS GATOS
ELWOOD VOELKER, 176 VILLA AVE., LOS GATOS
MINTY BROWN, 121 WILDER, LOS GATOS
GALAN MUTTERSBACH, 167 VILLA AVE., LOS GATOS
KERRY ALLEN, 206 MATSON AVE., LOS GATOS
IRENE PANIGHETTI, 139 WILDER AVE., LOS GATOS
AUDREY BAGLEY, 51 UNIVERSITY AVE., LOS GATOS
BILL ATTULLA, 300 LAQUEST AVE., LOS GATOS
LAURIE KLEIN, 15391 WINCHESTER BLVD., LOS GATOS
JEAN CONROY, 758 CASTLE COURT, SAN JOSE
BARRY REDMAN, 1314 SHELBY CREEK LANE, SAN JOSE
HOWARD DURHAM, 117 BROADWAY, LOS GATOS
PAT LIDEN, 108 SMITH CREEK DR., LOS GATOS
TERRI HOPE, 212 BELLA VISTA, LOS GATOS
RANDI KINMAN, 4251 SEAPINE COURT, CAPITOLA (Spoke for Chamber of
Commerce)
LINDA LUBEC, 47 FILMORE AVE., LOS GATOS
MARTY BROWN, 14411 SHANNON RD, LOS GATOS
DR. JIM CONROY, 758 CASTLE COURT, SAN JOSE
TOM MENCHEN, 16592 ENGLEWOOD AVE., LOS GATOS
There was no one else from the audience that wished to address this issue.
Motion by Mr. Hamilton, second by Mr. Carlson to close the Public Hearing. Mr.
Carlson indicated his concern about being able to make a decision this evening.
Motion to close the Public Hearing withdrawn by Mr. Hamilton.
Mr. Carlson restated his concerns regarding hours of operation, routes,
sanitation, designated pick-up, passing places, and specifics regarding safety.
Mr. Carlson would like to see the staff continue to work with Ms. West and
perhaps a sub-committee to develop more specific recommendations.
Mayor Benjamin questioned the insurance requirements. The Town's insurance
providers have suggested that we incur no liability under one million dollars for
anything on our public streets.
Motion by Mr. Carlson, seconded by Mr. Hamilton to continue this matter until
August 21, 1989. Staff is to work with Ms. West and others to accommodate this
type of business in Town with respect to hours of operation, routing, sanitation,
liability, pick-up and passing places, other safety measures for the vehicle and
signing recommendations.
Mr. Ferrito stated that it was unfair to discriminate between any private operator
and the Chamber of Commerce. He is also very concerned about the sanitary
problems and safety.
Mr. Hamilton and Mr. Carlson suggest that a review of the business license
process was necessary. The Town Manager indicated that this was already
underway.
Mayor Benjamin stated that she thought the Town was not being definitive
enough as to routes. Staff recommends no route on Santa Cruz Avenue,
University or Main St.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Ferrito, seconded by Mayor Benjamin to require the current
operator to provide one million dollar liability insurance. Carried by a vote of 4
ayes. Mr.Ventura absent.
Mayor Benjamin stated that this matter will be continued to August 21, 1989.
CAMINO DEL CERRO 16045/S-85-51A/OW:APPL:FJ
CONSTR./APPE:HUANG/APPEAL PC APROVAL
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission's approval of plans for the
construction of a single-family residence in the R-1:30,000 zone. S-85-51A.
Property located at 16045 Camino del Cerro. Property owner, F.J. Construction,
Inc. Appellant: Annie Huang.
Mr. Ferrito questioned staff regarding sufficient evidence of the elevation
differential and whether construction can be halted if the appeal is denied.
Mr. Bowman indicated that it would be possible.
The following people from the audience wished to speak to the issue:
Gordon Church, 498 Gayland Drive will speak for Mrs. Huang. He believes the
plan is inaccurate. The Huangs hired a licensed surveyor and there is a five foot
differential between what the plan says and what the site is. Mr. Church
submitted six color photos for the record.
Mr. Carlson stated that our height requirement goes from the ground up, not from
someone elses height down and that one can not appeal the measurement from
Mrs. Huang's house but can only appeal that the measurement is incorrect from
the lot site.
Mr. Church stated that Mrs. Huang is appealing that they are not building
according to the approved plan.
Mr. Ferrito asked if the Planning Commission had Mrs. Huang's survey report
before they made their recommendation. Mr. Church indicated they did not.
Mrs. Huang does not want to stop the building of the house she just wants to be
sure the house is built according to the plan and that the differential is correct.
Mr. Ferrito stated again that if the project is not being built to the approved plans,
the Town can stop it.
Mr. Church stated that the approved plans showed 35 1/2 feet difference and
Mrs. Huang's survey shows that there is 30 1/2.
Mayor Benjamin asked the Planning Director to look at the new information
submitted by Mrs. Huang.
Frank Jeronamo, F.J. Construction, 4363 Wessex Dr., San Jose, 95136. Mr.
Jeronamo indicated he had little knowledge of this project at this time and had
not seen the new information submitted.
Anthony Andrch, (no address given) is the architect for the project. He indicated
that they had given great consideration to the lot for the project. They used
reputable Engineers and the pad elevation is based on the contours of existing
grades. The house was designed to have minimal impact on the neighbors.
Mr. Hamilton stated that the Town Building Inspector will inspect the site and his
decision, as to whether the house is in conformance or not, is appealable to the
Town Council.
Mr. Ferrito indicated that the Council may not be very charitable if a mistake has
been made.
Mr. Bowman indicated that the dispute seems to be directed at what the
elevation is between the two sites and not how high the house will be. There is
no method for checking the elevation of sites. The Town's practice is to measure
the height of the house above the existing grade. We don't measure from sea
level.
Mr. Church indicated that the submitted pictures show the pad is ready to go and
that the pad grade for the structure has been made. This is what is erroneous in
relation to the plan. There will be a problem if they build where it is now.
Mr. Andrch indicated that they can not cut down five feet. The pad elevation is
146.5. The house will be 28 feet at the highest point above 146.5.
No one else in the audience wished to speak to this issue.
Motion by Mr. Carlson, seconded by Mr. Ferrito to close the Public Hearing.
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson to send the project back to the Planning Commission.
Motion failed for lack of a second.
Motion by Mr. Hamilton, seconded by Mr. Ferrito to uphold the decision of the
Planning Commission to approve the architecture and site application S-85-51A.
Carried by a vote of 3 ayes. Mr. Carlson voting No. Mr. Ventura absent.
KIMBLE AVE. 49/OW:ALLEN/APPL:CAVALIER-HERR/APPEAL PC
APPROVAL/HEARING
Mayor Benjamin stated that this was the time and place duly noted for public
hearing to consider appeal of Planning Commission's approval of plans for the
construction of a single-family residence in the R-1:30 zone, S-89-19. Property
located at 49 Kimble Avenue.
Mr. Ferrito indicated that he would remove himself from this Public Hearing due
to the fact that the architect on the project was a client.
The appellant John Cavalier, 108 Kimble Ave., stated for the record that he had
met with Mr. Allen and that Mr. Allen had satisfied all the concerns that Mr.
Cavalier had regarding construction. So he wishes to withdraw his appeal.
The appellant Warren Herr, 23 Kimble Ave., had two concerns. The retaining
wall color and the oak tree.
The owner, Bob Allen 111 Shelley, Campbell addressed the issues which were of
concern to Mr. Herr.
Motion by Mr. Carlson, seconded by Mr. Hamilton to close the public hearing.
Carried by a vote of 3 ayes. Mr. Ferrito abstained. Mr. Ventura absent.
Motion by Mr. Carlson, seconded by Mr. Hamilton to uphold the Planning
Commission's decision. Carried by a vote of 3 ayes. Mr. Ferrito abstained. Mr.
Ventura absent.
SARATOGA AVE. 235/(THE DINER)/RECONSIDER AMENDED
RES/DENYING APPEAL PC APPROVAL
Mr. Carlson stated that his intention is to ask the Council to reconsider the
removal of condition 7 and to look at other options.
Motion by Mr. Carlson, seconded by Mr. Hamilton for reconsideration of the
Resolution. Carried by 3 ayes. Mr. Ferrito voting No. Mr. Ventura absent.
Mr. Carlson believes the back part of the parking lot needs to be closed during
the hours that were previously recommended.
Motion by Mr. Carlson, seconded by Mayor Benjamin to close one end, by the
public street, with posts and to re-examine the issue in twelve months. Motion
fails. Mr. Carlson and Mayor Benjamin voting aye. Mr. Ferrito and Mr. Hamilton
voting No. Mr. Ventura absent.
RELOCATION OF MARIA'S BERRY FARM
The Town Manager stated that Mr. Ventura was very interested in saving the
building.
Randy Attaway, 250 Glenridge, Los Gatos, chairman of the Relocation of Maria's
Berry Farm spoke regarding his disappointment that the committee could not
accomplish what it had planned to do in locating a site. The best user is the
Teen group but they question the site.
Mr. Carlson agreed that there are a lot of things to overcome, but it would be a
good location.
Mr. Attaway indicated that the question is whether it can be done within the time
that Cal Trans is allowing. The Miles site is also something to consider.
Mr. Carlson asked if the Committee had discussed separating the Tower from the
house.
Mr. Attaway indicated that the Committee did consider that option but that Cal
Trans will not pay for the separation of the buildings. They will pay to move
either one, but not two to different sites.
The following people spoke in favor of the New York Avenue site.
Gladie Rabitz, 18315 Daves Ave., Los Gatos, coordinator of Place for Teens.
Sue Anawalt, 17510 Vineland Ave., Monte Sereno indicated it would not be
feasible for their group to sign any contract.
Margie Schu, 16221 Shannon Rd., Los Gatos belongs to L. G. Preservation
Society and would like to see the tower preserved.
Mardi Bennett, 38 Alpine, Los Gatos, indicated that the house has been well
maintained an would like to see both preserved.
Mr. Carlson asked how impossible the New York Avenue site was. Mr. Bowman
indicated that the house was 58 feet wide and the New York site is 60 feet wide.
The set backs and the sewer are a concern and adjacent property, belonging to
San Jose Water Co., would need to be used. Staff will contact the San Jose
Water Company.
Motion by Mr. Carlson, seconded by Mr. Hamilton to indicate interest to Cal
Trans that we wish to save both buildings and that our first preference for a site is
the New York Avenue area. Carried by a vote of 4 ayes. Mr. Ventura absent.
APPROVAL OF COUNCIL MINUTES/JULY 10/CORRECTION OF
MINUTES/JANUARY 23, 1989
Motion by Mr. Carlson, seconded by Mr. Hamilton to adopt the Town Council
Minutes of July 10, 1989 corrected as follows: Page 3 - PARKING
ASSESSMENT DISTRICT, Mr. Carlson and Mayor Benjamin votes aye. Mr.
Ferrito and Mr. Hamilton abstained. Mr. Ventura absent. Page 5 - NATIONAL
AVE/CEDAR RIDGE, Carried by a vote of 3 ayes. Mr. Carlson abstained. Mr.
Ventura absent. Page 5 - 304 NICHOLSON AVE. Carried by a vote of 3 ayes.
Mr. Ferrito voted No. Mr. Ventura absent. Page 6 - 16060 CERRO VISTA
DRIVE, insertion to read as follows: Motion by Mr. Carlson, seconded by Mr.
Ferrito, that "based on the interpretation of the Town Attorney the modifications
do not alter any legal right, title, or interest in the real property reflected on the
recorded map. The modifications do not....". Adoption of July 10, 1989 minutes
Carried by a vote of 4 ayes. Mr. Ventura absent.
Motion by Mr. Carlson, seconded by mr. Ferrito to accept the submitted change
of the January 23, 1989 Council Minutes to be recorded in the July 17, 1989
legislative record as follows:
HILLOW ROAD/SAFETY CONDITIONS
Motion by Mr. Carlson, seconded by mr. Hamilton, to adopt the recommended
action with an amendment to section 2 as follows; 1) Construction of an asphalt
pathway in Hilow Road as part of 1989-90 Capital Improvement Program as
opposed to another study and writing a definitive letter to the County pointing out
the concerns heard in public hearing, the options Council feels are available, and
why it's County's duty to address these issues since the area falls within County's
jurisdiction. Carried unanimously.
The motion to accept the submitted change Carried by a vote of 4 ayes. Mr.
Ventura absent.
RESOLUTION/AGREEMENT BTWN TOWN AND KUMIKO IWASAWA
VADAS
Motion by Mr. Carlson, seconded by Mayor Benjamin to continue this item to
August 21, 1989 Town Council meeting. Carried by a vote of 4 ayes. Mr.
Ventura absent.
RESOLUTION/QUITCLAIM DEED KUMIKO IWASAWA VADAS
Motion by Mr. Carlson, seconded by Mayor Benjamin to continue this item to
August 21, 1989 Town Council meeting. Carried by a vote of 4 ayes. Mr.
Ventura absent.
RESOLUTION APPROVING AGREEMENT RESCINDING DEVELOPER
PARTICIPATION
Motion by Mr. Carlson, seconded by Mayor Benjamin to continue this item to
August 21, 1989 Town Council meeting. Carried by a vote of 4 ayes. Mr.
Ventura absent.
REQUEST FOR WAIVER OF PENALTY FEES FOR 1989-90 RENTAL
MEDITATION FEE.
Motion by Mr. Carlson, seconded by Mr. Hamilton to deny the request. Carried
by a vote of 4 ayes. Mr. Ventura absent.
EXPANSION OF SERVICE CENTER OFFICE BUILDING - PROJECT 8717.
Motion by Mr. Carlson, seconded by Mr. Hamilton to choose alternative C but not
implement until we are assured that this site will not be chosen for the location of
Maria's Berry Farm. Motion Fails: Mr. Carlson and Mr. Hamilton vote Aye. Mr.
Ferrito and Mayor Benjamin vote No. Mr. Ventura absent.
Mr. Ferrito votes No due to question about saving $29,000.00 and building a
modular building. He is concerned about the longevity of this type of structure.
Mayor Benjamin does not believe it meets the needs.
The matter will be continued to August 21, 1989.
ORDINANCE NO 1787-URGENCY ORD/REGULATIONS/SPECIFIED
PROHIBITIONS OF WATER USE
Motion by Mr. Carlson, seconded by Mayor Benjamin to allow the Town Plaza
fountain to operate and the Director of Parks, Forrestry and Maintenance to
decide the least expensive way to operate the fountain. Carried by a vote of 4
ayes. Mr. Ventura absent.
SALE OR TRADE OF NOVITIATE PARK SITE
Mr. ferrito asked that this item be continued until all five Councilmembers are
present.
ADJOURNMENT
Mayor Benjamin announced adjournment to Closed Session at 11:35 p.m. A
Closed Session report will be given at the next Scheduled Council meeting.
ATTEST:
Marlyn J. Rasmussen
Executive Assistant/Sr. Deputy Clerk
OFFICE OF THE TOWN CLERK