M 01-21-92TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
January 21, 1992
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 110 East Main Street, at 8:05 p.m., Tuesday, January 21, 1992, in regular
session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
APPEALS BOARD/APPOINTMENTS
Mayor Carlson announced that this was the time for interviews of applicants for the Board of
Appeals. Applications were received from Robert Davies, Sandy Decker, Tom Dodge, Larry
Edgar, Dave Flick, Michael Grabill, Warren Jacobsen, Edward Meserve, Rex Morton, Gary
Schloh, John Spaur and Reinhard Valstscheff. Voting was held and Sandy Decker, Tom
Dodge, Dave Flick, Warren Jacobsen, and C. Edward Meserve were appointed to the Board
of Appeals. Terms to be decided at first Board meeting.
SCHEDULE OF PUBLIC HEARINGS/JANUARY 1992 (01.01)
Informational item received and filed.
PAYROLL/RATIFICATION/JANUARY 1992 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying
check registers for payroll of December 22 through January 4, 1992 in the amount of
$207,037.43 paid on January 10, 1992. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1992 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify accompanying
check registers for accounts payable invoices in the amount of $426,084.09 paid on January
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10 and 17, 1992. Carried unanimously.
REVENUE ANALYSIS/NOVEMBER 1991 (04.06)
Informational item giving a brief analysis of revenue collection was received and filed.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY (05.47)
Informational item received and filed.
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AUDIT SERVICES/REQUEST FOR PROPOSALS (06.06)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town
Manager to issue the attached Request for Proposal (RFP) for financial audit services for the
three year period of 1991-92 through 1993-94 and authorize the Finance Committee and the
Town Treasurer to work with staff to select an auditor for recommendation to the Council.
Carried unanimously.
CODE COMPLIANCE/QUARTERLY REPORT (07.47)
Informational report from the Code Compliance Officer regarding abatement of code
violations was received and filed.
CLAIM REJECTION/SCOTT BURBANK (08A.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Scott
Burbank filed December 17, 1991 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/STEPHANIE SUSANNAH/MARTHA LOCKWOOD (08B.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of
Stephanie Susannah and Martha Lockwood filed December 16, 1991 with the Town Clerk.
Carried unanimously.
CLAIM REJECTION/BURSON V. DOVER MOBILE ESTATES (08C.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover
Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/BRADEN V. DOVER MOBILE ESTATES (08D.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover
Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/GILROY V. DOVER MOBILE ESTATES (08E.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover
Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/SOUZA V. DOVER MOBILE ESTATES (08F.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover
Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/KOZLOWSKI V. DOVER MOBILE ESTATES (08G.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover
Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously.
CLAIM REJECTION/CAMERY V. DOVER MOBILE ESTATES (08H.01)
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Motion by Mrs. Benjamin, seconded by Mr. Blanton, that council reject the claim of Dover
Mobile Estates filed December 19, 1991 with the Town Clerk. Carried unanimously.
EQUIPMENT REPLACEMENT FUND (12.28)
Informational item to Council indicating that the Equipment Replacement Fund has sufficient
dollars to meet the purchase requirements for new finance system hardware and software
was received and filed.
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CALTRAIN ADVISORY COMMITTEE (13.40)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council request staff to submit
letter to Santa Clara County Board of Supervisors in support of CalTrain upgrades. Carried
unanimously.
NATIONAL AVE 15347/LOS GATOS OAKS/COMPLETION NOTICE (14A.08)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 15347 National Ave. Carried unanimously.
SANTA CRUZ AVE N 120/COMPLETION NOTICE (14B.08)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion
for 120 N. Santa Cruz Ave. Carried unanimously.
HEALTH PLACE/GRANT AGREEMENT/SAN JOSE STATE UNIVERSITY FOUNDATION
(16.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize the Town
Manager to execute revised Community Development Block Grant (CDBG) and Community
Grant agreements with the San Jose State University (SJSU) Foundation for implementation
of the Health Place Program. Carried unanimously.
PLACE FOR TEENS/NEW YORK AVE/LEASE/RESOLUTION 1992-7 (17.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-
7 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A LEASE WITH A PLACE FOR TEENS FOR THE USE OF THE
NEW FACILITY TO BE BUILT AT THE WEST END OF NEW YORK AVE Carried
unanimously.
PLAN CHECK SERVICES/WILLDAN ASSOCIATES/AGREEMENT/RESOLUTION 1992-8
(18.08)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-
8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR MAP AND IMPROVEMENT PLAN CHECKING
SERVICES, which approves agreement with Willdan Associates for civil engineering
consulting services and authorizes the Town Manager to sign. Carried unanimously.
TRAFFIC SIGNAL/WIMBLEDON AND WINCHESTER/TRAFFIC AUTHORITY
RESOLUTION 1992-9 (19.39)
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Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-
9 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
RATIFICATION OF THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE
SANTA CLARA COUNTY TRAFFIC AUTHORITY FOR A TEMPORARY TRAFFIC SIGNAL
AT WIMBLEDON DRIVE AND WINCHESTER BOULEVARD. Carried unanimously.
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SANTA CRUZ AVE N 664/DRONKERT/AGREEMENT/RESOLUTION 1992-10 (20.08)
POLICE TRAINING
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1992-
10 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
RATIFICATION OF THE LICENSE BETWEEN THE TOWN OF LOS GATOS AND LOUISE
L. DRONKERT TO ALLOW THE POLICE DEPARTMENT TO USE PROPERTY AT 664 N.
SANTA CRUZ AVENUE. Carried unanimously.
STREETS & SIDEWALKS/OBSTRUCTIONS/TOWN CODE SEC. 26-6/ORDINANCE 1886
(22.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1886
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 26-6 OF
THE TOWN CODE REGARDING OBSTRUCTION OF STREETS AND SIDEWALKS, which
was introduced at the Council meeting of January 6, 1992. Carried unanimously.
HEARINGS
AMENDMENTS TO:
HISTORIC DISTRICT OVERLAY ZONES/GENERAL PLAN (23.46)
ZONING ORDINANCE/HEARINGS
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider the following amendments to the General Plan, Zoning Ordinance and Historic
District Overlay Zones:
(b)Introduction of ordinance amending the Almond Grove Historic District-Historic
Designation Application. (HD-80-1A)
(c)Introduction of ordinance amending the Broadway Historic Designation Application.
(HD-84-2A)
(d)Introduction of ordinance amending the University/Edelen Historic District - Historic
Designation Application. (HD-86-1B)
No one from the audience addressed these issue.
Motion by Mr. Ventura, seconded by Mrs. Benjamin, to continue items (b), (c) & (d) to
March 2, 1992. Carried unanimously.
(a)Introduction of ordinance amending the Town Zoning Ordinance with respect to
reports required for the demolition of structures in a historic overlay zone. (A-91-8)
No one from the audience addressed this issue.
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Motion by Mr. Ventura, seconded by Mr. Attaway, to close section (a) portion of the
public hearing. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council make the required findings
that the Zoning Ordinance Amendment, with the revision requiring a professional licenced
designer be responsible for making the report, is consistent with the General Plan. Carried
unanimously.
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HEARINGS CONTINUED
ZONING ORDINANCE AMENDMENTS CONT.
Motion by Mr. Attaway, seconded by Mr. Ventura, that Council amend the last sentence
of the proposed ordinance to read, "structure's physical condition prepared by a licenced
architect, licenced design professional or a registered civil engineer at the applicant's
expense.", and delete "property inspection service." Carried unanimously.
Mayor Carlson noted that the Town Attorney had expressed the view that this change is non-
substantive, being a procedural matter, and does not effect the consistency of the General
Plan.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council waive the reading of the
draft ordinance. Carried unanimously. The Town Clerk read the Title of the draft ordinance.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE CONCERNING THE REQUIREMENT FOR STRUCTURAL REPORTS FOR
DEMOLITION OF AN HISTORIC STRUCTURE. Carried unanimously.
Council discussion concerning any exterior change of an historically designated residence
being reviewed by the Historic Preservation Committee followed. Mr. Carlson felt that any
exterior change in an historic district should include the requirement that the change be
reviewed by the Historic Preservation Committee. Mrs. Benjamin felt that this restriction
simply imposed another level of government control involving processes, committees and
more delays. She asked for examples of large violations to the ordinance which substantiate
the need expressed before making a decision. Mr. Attaway agreed with the last opinion
feeling that these restrictions would simply add to the encumberment of the system rather
than streamlining the process as Council has stated as an appropriate goal. Mr. Blanton
concurred with the need to be clear and concise, agreeing that there were too many
restrictions in the historic district now but would appreciate seeing additional information
before making decision. Mr. Ventura felt that allowing for only exterior front facing walls to
be historically authentic creates a Hollywood stage set effect of false fronts undermining the
intent of the historic district. The historic character of neighborhoods needs to be preserved
by not allowing inconsistency of design which defeats the purpose of the ordinance. We do
not get an historic home or historic remodel, but instead we get a false front.
Mr. Ventura will return to the committee with the message that no minor issues like doors,
windows, or porches are to be addressed and will take the discussion back to the committee
for further consideration.
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SANTA CRUZ AVE 337/JULIUS/APPEAL/HEARING (24.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an appeal of a decision of the Planning Commission approving a request to
demolish an unlawfully constructed addition to a restaurant, to construct a new addition, and
for permission to operate the restaurant with outdoor seating on property in the C-2 zone,
Conditional Use Permit Application U-91-24 and Architecture and Site Application S-91-69.
Property is located at 337 N. Santa Cruz Avenue. Property owner, Chimblis Lila Trustee.
Applicant, Frank Martinico. Appellant, Anton Julius.
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HEARINGS CONT.
SANTA CRUZ AVE. CONT.
The following people from the audience spoke to this issue:
Anton Julius, 223 Saratoga Ave., appellant, stated that he fells that the Planning
Commission erred in allowing more hours and intensified use in an area already overcome
with parking and delivery problems. He addressed the ownership of the land and easement.
Paul Derania, 1550 The Alameda, San Jose, attorney for Mr. Martinico, spoke of
possibilities for deliveries and hours of operation. He also submitted a letter dealing with the
prescriptive easement and a survey map showing property lines for the record.
Frank Martinico, 1325 Glen Dell Drive, San Jose, intends to operate his business from 10
a.m. to 3 p.m., although the use permit requests that the business remain open to 10 p.m.
Deliveries will be made during appropriate hours and where most feasible.
Dino Marsouris, partner in the business, requests permission to open restaurant in same
location with same approvals as granted to previous owners.
Mr. Derania, agreed that the owners of the business would be willing to landscape by
keeping the planters attractive and planting a street tree in front.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Ventura that Council close the public hearing.
Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council uphold the Planning
Commission's decision and approve Conditional Use Permit U-91-24 and Architecture and
Site Application S-91-69, but delete the condition requiring deliveries to be made at the rear
of the building, and to include street tree replacement and landscaping to the satisfaction of
the Director of Parks Forestry and Maintenance. Carried unanimously.
TERESITA WAY 101/MC CANDLESS/APPEAL/HEARING (25.09)
Mayor Carlson stated that this was the time and place duly noted for public hearing to
consider an appeal of a Planning Commission decision to approve plans for the construction
of a single-family residence on property in the HR-1 zone. Architecture and Site Application
S-90-49. Property is located at 101 Teresita Way. Property owner, Greg McCandless.
Appellant, Paula and James McHugh.
Mayor Carlson noted that the appellant had requested continuance due to health problems
and asked if there was anyone in the audience to address Council this evening regarding
this issue.
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Steve Wernicke, 171 Teresita Way, speaking for the McHughs, requested a 2 week
continuance, to February 3, 1992.
Greg McCandless, property owner, agreed to be heard on the date of continuance.
There was no one else to speak to the issue.
Motion by Mr. Blanton, seconded by Mr. Ventura, to continue this public hearing to
February 2, 1992. Carried unanimously.
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MINUTES OF JANUARY 6, 1992
Mr. Ventura asked for reclarification of page 4, under Minutes of December 16, 1991, and
which referred to Andale's Taqueria, to reflect the following: "Mr. Ventura asked the owner if
he understood and agreed that he would not be able to occupy the premises until the parking
fees and the traffic impact fees had been paid. Mr. Sanchez, the owner, answered that he
fully understood the requirement."
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of
January 6, 1992 as amended. Carried unanimously.
GUADALUPE COLLEGE/WESTERN CALIFORNIA UNIVERSITY/SHEN REQUEST (27.09)
Mayor Carlson stated that this was the time and place duly noted to consider the requests of
Mr. and Mrs. Shen in regards to the Western California University.
Kate Anderton, Town Attorney, stated the following status of the current situation for this
proposal: There is a 1986 Conditional Use Permit which was approved by the Council.
When amendments were made to that use permit, those amendments became invalidated
by the Court. At this time the Conditional Use Permit that remains in effect is the one
approved in 1986. Therefore the applicants could theoretically develop the permitted project
of that time. If at this time the applicants are moving in another direction for whatever reason
there would need to be an amendment of the conditional use permit to reflect current
conditions and changes and circumstances. In terms of giving a preliminary indication of
response on any of the following issues, Council should give no more then an indication of a
potential direction. The full hearing process and opportunity to make a case for virtually any
kind of development proposal needs to precede Council's direction about what kind of
project Council would or would not approve.
The following directions from Council were made as preliminary discussion consensus
motions:
Waive CEQUA process for new road.
Lee Bowman, Planning Director, stated that Council could not waive the CEQUA process
because it is a state law. An initial study could be done with a consultant, and if the
consultant finds that the change in the road does not trigger the need for a supplemental EIR
then that closes the issue. If an EIR is required then it comes before the Council. If there
has been a change in circumstances since the time of the original review. Both the scope
and definition of the project which would require supplemental environmental review.
Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council not waive
the CEQA process for the new road, but follow the letter of the law. Carried unanimously.
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Obtain easement for road from Water District.
Motion by consensus, that Council take no position on the matter of working with the
Santa Clara County Water District to get the necessary easement for the road. Carried
unanimously.
Obtain easement for road from the Snells.
Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council entertain
the process of discussion with the Snells regarding possible easement for new road.
Carried unanimously.
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GUADALUPE COLLEGE/WESTERN CALIFORNIA UNIVERSITY/CONTINUED
Waive Town fees relating to new road.
Motion for consensus by Mr. Attaway, seconded by Mr. Ventura, that Council not waive
Town fees relating to the road. Carried unanimously.
Allow alternative parking.
Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that the parking
approved in 1986 appears to not be in the best interests of the community and Council will
work with applicant to find alternatives. Carried unanimously.
Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council reaffirm
the existing policy and not allow additional building on the south side of the property in the
area to be dedicated as open space. Carried unanimously.
Motion for consensus by Mr. Ventura, seconded by Mr. Attaway, that Council take no
position on the matter of working with the Mid-Peninsula Regional Open Space in order to
obtain the necessary easement for the new road. Carried unanimously.
Robert Shen, representing Mr. Ho, reconfirmed that the Conditional Use Permit that
remains in effect is the one approved in 1986. He stated that he was still operating under the
1986 use permit.
Mr. Bowman, explained that a application for modification of the conditional use permit had
been filed with the appropriate fees and the applicant has been before the DRC. A request
for modification is a hearing de nova under our ordinance.
WOOD BURNING STOVES/FIREPLACES (28.44)
Mayor Carlson stated that this was the time and place duly noted to consider the following
actions regarding use of fireplaces and wood burning stoves.
Motion by Mr. Ventura, seconded by Mr. Carlson, that Council:
1. Direct staff to draft a section to the Zoning Ordinance, with all supporting
documentation, and rationale for making the following an infraction, possibly subject to civil
penalties:
a.Use fireplaces and other wood burning devices (Environmental Protection Agency -
EPA Phase II certified devices excepted) when the Bay Area Air Quality Management District
issues the "Don't Light Tonight" warning and when an alternate approved heat source is
available.
b.Burn garbage, plastics, rubber, waste solvent, paint, oil, painted or treated wood,
particle board, plywood, salt-water driftwood, coal, glossy or colored paper, and any other fuel
which produces noxious, corrosive or toxic smoke and fumes.
c.Sell, install or replace a wood burning appliance that does not meet minimum EPA
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Phase II Certified Standards.
2.Direct staff to Record a Notice on all Town Parcels that upon transfer of ownership, all
wood burning devices shall comply with EPA Phase II Certified Minimum Standards.
3.Provide 180 day delay in implementing recommended actions to disseminate information
and to allow vendors to deplete existing non-conforming stock.
4.To report the needed actions and time schedule to place the issue on the ballot in
November.
Carried by a vote of 3 ayes. Mr. Attaway and Mr. Blanton voted no specifically on item #2.
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BUS LAYOVER LOCATION/MAIN STREET E 110/SANTA CRUZ AVE S 145 (09.40)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council continue this item to
February 18, 1992, and to notify previously interested parties.
ROUTE 85/SOUNDWALLS/NOISE REFLECTION/TRAFFIC AUTHORITY (10.41)
Motion by consensus, that Council accept the staff recommendation to direct staff to
prepare a letter for the Mayor's signature notifying the City of Saratoga that the Town cannot
assist in funding an independent study of soundwall noise reflectivity.
FIRE PREVENTION/FIRE SAFETY (11.44)
Motion by consensus, to continue this item to February 18, 1992, and notify interested
parties including Board of Realtors, and Homeowners Associations in hillsides, and
consideration of putting out an informational flyer to the community funded by the Fire
Department. Council also requested additional information regarding the flat areas and their
need for additional fire retardant roofing materials. There is a request to reevaluate the 1992
California Fire Prevention Act but to consider the need for wood as building material
particularly in the remodeling of historic homes.
CALIFORNIA FIRE PREVENTION ACT/FIRE SAFETY (11.44)
No Action taken regarding the 1992 California Fire Prevention Act.
CABLE TELEVISION SERVICE/IMPROVEMENT CONSIDERATIONS (15.25)
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council request that Cable
automatically credit every effected homeowner in town with 1/30th of the monthly charge as
reimbursement due to the recent outage. Motion failed with 2 ayes. Mr. Attaway, Mrs.
Benjamin and Mr. Blanton voted no stating that each individual could request their own
rebate.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council direct Cable to notify all
rate holders of the offer to refund the payment for that particular day. Carried unanimously.
Motion by Mr. Ventura, seconded by Mr. Blanton, that Council send a letter of outrage,
signed by the Mayor, relating to the exorbitant rate increase without any sign of improvement
in regard to quality of service, increase in channels, or elimination of outages, interruptions
and failures. Cable to rescind most recent rate increase. Motion failed with 2 ayes. Mr.
Attaway, Mrs. Benjamin and Mayor Carlson voting no.
Consensus motion that staff return at a subsequent Council meeting with report on how
complaints are handled with the Cable company relating to the methodology employed in
recording and tabulating complaints from the public, and relating this information to the 3% a
month which is grounds for revocation of franchise agreement with the company.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adjourn this evening's
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meeting at 10:25 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
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