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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