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M 09-19-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA SEPTEMBER 19, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers at 8:10 p.m., en regular session. ROLL CALL PRESENT:Joanne Benjamin, Robert L.Hamilton,Thomas J.Ferrito Brent N. Ventura and Mayor Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. APPOINTMENTS YOUTH ADVISORY COMMISSION Mayor Carlson declared there are vacancies on the Los Gatos Youth Advisory Commission for three adults, senior high and junior high members. Application were received from Karen McClish, Lara Blachman, Amy McCloskey, Corina Khoury, Robin Mullery, Dorie Wolf, Neda Pakdaman, Fiona Lin, Jennifer Fisk, Elizabeth Ross, Kindra Donald, Kristi Samuelson, Kirstin Barnet, Caitlin Schechter, Jenner McClosky, Bret Pond, Linda Craver, Michelle Gilliam, and Lisa Zahner for the senior high vacancies. Eric Wolf, Brian Grasser, Timothy Richard Zahner and Kirsten Fish submitted applications for the junior high vacancies. For adult member an application was received from Mary Gillespie. Lisa Zahner a former student of St. Mary's and Timothy Zahner a current student at St. Mary's, are residents of the City of San Jose. It was consensus of Council to accept the applications of Lisa and Timothy Zahner because the attended St. Mary's, a school located in Los Gatos. Late applications were received from Tiffany Hackett and Katherine O'Donnell. Mrs. Benjamin moved to accept all the applicants that applied for the adult, senior high and junior high positions. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura requested an attendance policy from the Commission and hopes those that do not attend regularly loose their privilege of serving on the Commission. Clerk was directed readvertise for the two remaining adult vacancies and student vacancies. PRESENTATIONS 15 YEARS OF SERVICE AWARDS Mayor Carlson presented Lee E. Bowman, Planning Director and Patricia Montoya, Secretary to the Town Manager, with Resolutions of Commendation for their 15 years of service to the Town. Chief Todd accept the Commendation for Sgt. Tom Mitchell for his 15 years service to the Town. COMMENDATION CATHERINE WOOD ARTS COMMISSION Mayor Carlson presented a Resolution of Commendation to Catherine Wood for her service on the Arts Commission since July 1987. Nancy Burbank accept the Commendation. KEY TO THE TOWN Mayor Carlson presented Robert Latimer, Sr. Master of Nagle College, Bairnsdale, Australia, with a Key to the Town. Sr. Master Latimer presented Mayor Carlson with a letter from F. Stewart Wren, Mayor of Bairnsdale. CLOSED SESSION REPORT Mary Jo Levinger, Town Attorney, stated during the Closed Session held after the September 6, 1988 meeting discussion was held, pursuant to Government Code Section 54956.99(a) on litigation of Anton Julius vs. Town. There is no report from that discussion. No Closed Session was held on September 12, 1988. Prior to this evening's Council meeting there was a Closed Session to discuss personnel matters and there is no report from that discussion. Acquisition of real property was not discussed. There will be a Closed Session on acquisition of property at either the break or conclusion of the Council meeting. The properties are 59 University (Kumiko Vadas); 51 University (John Cobb); APN 529-03-033 (no street number) parcel on Boone Lane south of 20 Gray's Lane (Joseph Greco); 20 Gray's Lane (Gerald and Emogene Boyle); 46 N. Santa Cruz Avenue (Dawson-Miller Development); 54 N. Santa Cruz Avenue (Joseph Greco); 58 N. Santa Cruz Avenue (Hazel Smith); 100 N. Santa Cruz Avenue (Doris Zucconi); 108 N. Santa Cruz Avenue (Raymond and Pearl Nelson); 110 N. Santa Cruz Avenue (Elton and Maria Armstrong); 122 N. Santa Cruz Avenue (Richard and Kathryn Groen). The acquisitions of property are for the implementation of the parking assessment district and the decisions do not have a financial affect on any one property. The whole Council will be eligible to vote. BID AWARD POLICY MOTORCYCLE Bids were received for the purchase of one police motorcycle. Mr. Ferrito moved to accept staff recommendation and reject both bids for the replacement of one police motorcycle. Mrs. Benjamin seconded. Carried unanimously. BID AWARD TRANSIT VAN & MODIFICATIONS Bids were received from Mobility Unlimited, Inc. in the amount of $12,885.00 and New Ability Driving & Transportation Systems in the amount of $17,300.00 for modification of a van for the transit assist program. For the purchase of a van, bids were received from Swanson Ford Isuzu in the amount of $16,136.67 and Mission Valley Ford in the amount of $16,794.72. Mr. Ferrito moved to award the bid to Mission Valley Ford, for the purchase of one (1) 1989 stripped Chassis Ford E350 Van for $16,794.72 and Mobility Unlimited, for the purchase of modifications of the Ford Van at the sales Price of $12,885.00. Total price for the acquisition of van and necessary modifications is $29,679.72, with the condition upon actual receipt of grant funds from the Valley Foundation. Mayor Carlson seconded. Carried unanimously. BID AWARD TELEPHONE SYSTEM Mr. Ventura moved to accept staff recommendation and award the bid and authorize the Town Manager to enter into an agreement with Pac-Tel Meridian Systems for the purchase of Northern Telecom Meridian SL1-RT telephone switch and equipment, Meridian mail voice mail system and Xiox call accounting system. Award the bid and authorize the Town Manager to enter into an agreement with Cable Tech, Incorporated for the installation of voice and data cabling including a fiber optic backbone. Mr. Hamilton seconded. Carried by a vote of four ayes. Mrs. Benjamin abstained because one of the bidders was IBM Rolm. BID AWARD LEGAL NOTICING Legal advertising bids for public noticing were received from the Los Gatos weekly and the Time Observer. Mr. Ferrito moved to accept staff recommendation and award the bid for legal publication services to the Los Gatos Times Observer the low bidder. Mrs. Benjamin seconded. Carried by a vote of two ayes. Mr. Hamilton voted no. Mr. Ventura and Mayor Carlson abstained due to possible endorsements by the papers. This would be a conflict of interest. Steve Friedman, representing the Los Gatos Weekly, asked Council to reconsider the recommendation. SCHEDULE OF PUBLIC HEARINGS Informational report regarding upcoming public hearings. COUNTY REFERRALS Mr. Hamilton moved for the approval of the County referrals as follows: 3722-27-42-88LM Judith Ct. Miller Lot Merger No comment. 3712-39-35-88B Lago Lomita Way Jensen Single family residence No comment. Mr. Ventura seconded. Carried unanimously. PAYROLL SEPTEMBER 9, 1988 Mr. Hamilton moved for the approval of the September 9, 1988 payroll in the amount of $174,849.12 Mr. Ventura seconded. Carried unanimously. AUGUST - AUGUST, 1988 Mr. Hamilton moved for the approval of the August, 1988 warrants in the amount of $412,019.51. Mr. Ventura seconded. Carried unanimously. SECONDARY UNIT MONTHLY REPORT Council informational report. VALLEY OAK DRIVE PARKING PROBLEM Council informational report. IMPROVEMENTS TOWN OWNED LOT BETWEEN GRAY'S LANE AND ELM STREET A request was received from Adu Bagley to improve the Town owned lot between Grays Lane and Elm Street. Mr. Hamilton moved to authorize staff to oil and screen the two informal parking lots adjacent to Gray's Lane for an amount not to exceed $15,000; and authorize a supplemental appropriation from the General Fund Appropriated Reserve in the amount of $15,000. Mr. Ventura seconded. Carried unanimously. SANTA CLARA CO FLOOD CONTROL COMMITTEE Mr. Hamilton moved to accept staff recommendation and appoint Ronald Zapf, Town Engineer, as representative and Christine Fischer, Alternate to the Central and North Central Flood Control Zone Advisory Committees. Mr. Ventura seconded. Carried unanimously. ANNUAL YOUTH PARK DAY Mr. Hamilton moved for approval of the closure of New York Avenue on Saturday, October 29, 1988, between 8:00 a.m. and 1:00 p.m. for the Annual Youth Park Day, as requested. Mr. Ventura seconded. Carried unanimously. CLAIM VASONA HILLS PARTNERSHIP Mr. Hamilton moved to reject the claim for indemnity as filed by Vasona Hills Partnership. Mr.Ventura seconded. Carried unanimously. FEE REFUND 103 CRIDER CT. Mrs. Benjamin moved to continue this item to the October 3, 1988 meeting. Mr. Ventura seconded. Carried unanimously. TANNER BILL Mrs. Benjamin moved to continue this item to the October 3, 1988 meeting. Mr. Ventura seconded. Carried unanimously. ANDRE COURT TRAFFIC MEDIAN Mrs. Benjamin moved to continue this item to the October 3, 1988 meeting. Mr. Ventura seconded. Carried unanimously. KEEP CLEAR ZONE LARK & ARROYO GRANDE Mrs. Benjamin moved to continue this item to the October 3, 1988 meeting. Mr. Ventura seconded. Carried unanimously. IMPROVEMENTS MAGNESON LOOP Mrs. Benjamin moved to continue this item to the October 3, 1988 meeting. Mr. Ventura seconded. Carried unanimously. WEST VALLEY SANITATION DIST HILLSIDE SURCHARGE Mr. Hamilton moved to continue this item to the January 16, 1989 meeting. Mr. Ventura seconded. Carried unanimously. RESIGNATIONS MIKE ABKIN AND RANDY ATTAWAY COMMUNITY SERVICES COMMISSION Mr. Hamilton moved to accept the resignation of Michael Abkin and Randy Attaway from the Community Services Commission with regrets. Adopt Resolution No. 1988-180 entitled, A TOWN OF LOS GATOS RESOLUTION COMMENDING MIKE ABKIN OF THE COMMUNITY SERVICES COMMISSION and Resolution No. 1988-181 entitled, A TOWN OF LOS GATOS RESOLUTION COMMENDING RANDY ATTAWAY OF THE COMMUNITY SERVICES COMMISSION. Direct the Town Clerk to advertise the vacancies on the Community Services Commission. Mr.Ventura seconded. Carried unanimously. ALPINE STORM DRAIN - PROJECT 8706 Mrs. Benjamin moved to continue this item to the October 3, 1988 meeting. Mr. Ventura seconded. Carried unanimously. BLOSSOM HILL ROAD RETAINING WALL - PROJECT 8710 Mr. Hamilton moved for the adoption of Resolution No. 1988-182 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 8710 - BLOSSOM HILL ROAD RETAINING WALL. Mr. Ventura seconded. Carried unanimously. REPORT - RENT ADVISORY COMMITTEE Council informational report. APPEAL - 15466 LOS GATOS BOULEVARD Mr. Hamilton moved for the adoption of Resolution No. 1988-183 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION REQUESTING PERMISSION TO OPERATE A SANDWICH AND SALAD RESTAURANT WITHIN THE LOS GATOS VILLAGE SQUARE SHOPPING CENTER IN THE CH ZONE (15466 Los Gatos Boulevard - Subway Sandwiches). Mr. Ventura seconded. Carried by a vote of three ayes. Mr. Ferrito and Mr. Ventura voted no for reasons stated during the public hearing. APPEAL - 66 E. MAIN ST. Mr. Hamilton moved for the adoption of Resolution No. 1988-184 entitled, RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION APPROVAL WITH CONDITIONS OF CONDITIONAL USE PERMIT APPLICATION REQUESTING PERMISSION TO OPERATE AN AUTOMOBILE DEALERSHIP IN THE C-2 ZONE AND MODIFYING CONDITIONS THEREOF (66 East Main Street - Ferrari of los Gatos). Mr. Ventura seconded. Carried by a vote of four ayes. Mr. Ferrito vote no for reasons stated during the public hearing. APPOINTMENT - HISTORIC PRESERVATION COMMITTEE MEMBERS Mr. Hamilton moved for the adoption of Ordinance No. 1762 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING AMENDMENTS TO THE ZONING ORDINANCE REGARDING THE APPOINTMENT OF HISTORIC PRESERVATION COMMITTEE MEMBERS. Mr. Ventura seconded. Carried unanimously. APPEAL - 15 1/2 N. SANTA CRUZ AVENUE (FARWELL) Mayor Carlson stated this was the time and place duly noted for continued public hearing to consider the request for modification to a condition of approval relating to the sale of alcoholic beverages granted as part of a previous permit for the operation of a restaurant in the C-2 zone. Property owner, Louis B. and James D. Farwell. Applicant, Simmex Restaurant, Inc. (Chevy's Mexican Restaurant). This is continued from the August 1, 1988 meeting. Mayor Carlson stated he had listened to the tape and reviewed the report from the August 1 meeting and is qualified to vote. It was noted that the applicant has changed from Chevy's Mexican Restaurant to Pacific Rim and has consented to all the conditions in the current Use Permit. James D. Farwell, property owner, would like a clarification of the language from the Planning Commission. In 1977 the banquet room had a separate use permit for a bar with stools. In 1982 the banquet room use permit became part of the main restaurant. He feels the Planning Commission erred because the banquet room had a separate use permit became part of the main restaurant. He feels the Planning Commission erred because the banquet room had a separate use permit unit 1982. In 1977 the seating was 285 and dropped to 205 and now it is 149. He would like to give 1,100 sq. ft. of banquet room to the restaurant; bring the seating of the restaurant down to conform to parking and have the use permit modified for a restaurant seating 149 with separate across the bar service. The difference between Chevy's and Pacific Rim is the consent to the reduction of the number of seats. There was discussion on the number of seats; serving food and alcoholic beverages from the bar; current use permit does not allow seating at the bar and no drinks served over the bar; if they only serve food it is no longer considered a bar; waitress can serves drinks to food counter patrons instead of bartender. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mr. Ferrito feels the 1982 use permit is clear; the appeal is moot because Pacific Rim restaurant has consented to all the conditions in the use permit and the appeal should be denied or sent back for revision. Mr. Ventura has no problem with the operation of the Pacific Rim Restaurant or with the request to modify the bar use. But, the impact of another use for the remaining space should be considered with the appeal. Mr. Hamilton feels the intensification of use is not the problem. The problem is no one will go up there. Mayor Carlson stated the town is against separate bars and expanding the existing use permit would allow the current restaurant to become a bar only establishment. This can be turned into sushi bar with six stools, keep the "waitperson" to serve alcoholic beverages. Mr. Ferrito moved to deny the appeal. Mr. Ventura would like the stipulation that no prior alcohol service had existed in the banquet room and can not be used as a basic for a future application for a restaurant and alcohol use e included in the motion. Mrs. Benjamin seconded. Carried by a vote of four ayes. Mr. Hamilton voted no. The Planning Director and Town Attorney to work with Mr. Farwell to give a clear interpretation of the service of alcoholic beverages at the sushi food counter. Mr. Ventura moved to reconsider. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ferrito voted no. Mr. Hamilton moved to continue the public hearing to October 3, 1988 Council meeting with a report clarifying the existing conditions where they relate to having a food counter or bar and a recommendation on whether the current conditions will allow it. A report on what uses can go in the remaining areas; the parking requirements; and if a use permit is required. Mrs. Benjamin seconded. Carried by a vote of three ayes. Mr. Ferrito and Mayor Carlson voted no. FLOOD HAZARD REGULATIONS (FEMA) Mayor Carlson stated this was the time and place duly noted for public hearing to consider Planning Commission's recommendation regarding Zoning Ordinance Amendment A-88-9 to establish flood hazard development regulations that are mandated by the Federal Emergency Management Agency (FEMA). No one from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura made the finding that the ordinance is consistent with the General Plan. Mr. Ferrito seconded. Carried unanimously. Mr. Hamilton moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE AND THE TOWN CODE CONCERNING FLOOD HAZARD REGULATIONS AND REPEALING ORDINANCE 1761. Mr. Ventura seconded. Carried unanimously. Sr. Deputy Clerk red title of the ordinance. Mr. Ferrito moved to introduce the ordinance. Mr. Ventura seconded. Carried unanimously. SCULPTURE "SPACE DANCE FOR PEACE" & PUBLIC ART Mayor Carlson stated this was the time and place duly noted for public hearing to consider the Arts Commission recommendation install the sculpture "Space Dance for Peace" on town hall grounds. Discuss the policy for public art for the Town of Los Gatos (loans, gifts, purchases or commissioning of works for public installation in parks and open space and in public buildings). Nancy Burbank, Arts Commissioner, added the site should be identified by both the Arts and Park Commissions; feelings of the artist will be taken into consideration; and local artists would have first consideration. She submitted a letter to Council that appeared in the September 14, 1988 Los Gatos Weekly. Ardith Sams, Park Commissioner, stated the Commission would like to consider all exterior art placement. Ann Lamborn wondered why the Arts Coordinator was not the Chairperson and felt very strongly the Arts Coordinator should be on the Committee. Mr. Ferrito recommended (page 4) to delete, "Makes recommendations to Council regarding selection of members of Artworks Selection Committee" and instead publish that there is a committee and Council will be accepting applications for appointment. Under Artworks Selection Committee Section 2 and 3 delete "Town Council", add Library Board, Park Commission. Delete 1 through 3 and change paragraph to read "Makes recommendations to the Arts Commission and other Commissions as appropriate regarding acceptance, sighting of artworks, gifts, loans, purchases or commissions". Delete "to Council" under Attorney. Section III a, page 2, delete second sentence, "Either approach will result in the Town's acquiring a work which it then assumes an obligation to care for." Mayor Carlson would like added that this Committee develop an inventory of available sites; recommended guidelines for the types of art work for the sites; give preference to local artists; Historical/Arts Coordinator be the Chair as opposed to a staff person. Mr. Ventura moved to adopt Resolution No. 1988-185 entitled, A TOWN OF LOS GATOS RESOLUTION ADOPTING POLICY CONCERNING LONG-TERM LOANS, GIFTS, PURCHASES COMMISSIONS OF ART WORKS FOR PUBLIC INSTALLATION (ON EXTERIOR OR OUTDOOR SITES, IN PUBLIC BUILDINGS, IN PARKS AND OPEN SPACE) with the above amendments. Mrs. Benjamin seconded. Carried unanimously. Jeff Brown, Arts Commissioner, stated the Commission had requested the artist locate a site for his sculpture and wants the Town to match part of the $1,800 funds for transportation and installation of the sculpture. Ardith Sams Commissioner, would like the placement of the sculpture referred to Parks Commission for consideration. Ethel Worn and Ann Lamborn spoke in favor of placement of the sculpture. Ethel Worn and Ann Lamborn spoke in favor of placement of the sculpture and the Town matching the funds. Mayor Carlson stated he had received a number of calls in favor of acquiring sculpture. No one else from the audience wished to speak on this issue. Mr. Ventura moved to close the public hearing. Mr. Ferrito seconded. Carried unanimously. Mr. Ventura moved to accept the sculpture "Space Dance for Peace", on a loan basis and allocate $1,800 from the Allocated General Reserve Funds for transportation and location of suitable site to be identified and worked out as to the approved procedure regarding sighting and installation. Referred to the Parks Commission for review of the site and report back to Council. Accept sculpture on loan subject to approval by the Town Attorney of an appropriate contract with the artist. Mrs. Benjamin seconded. Carried unanimously. Council is paying the $1,800.00 to start the policy of acquiring art and quick placement of the sculpture. RECESS Mayor Carlson declared a recess. Meeting reconvened at 10:20 p.m. Closed Session was not held because Mr. Ferrito and Mr. Hamilton do not feel there is a removal of the conflict of interest and will not participate in the discussion. APPEAL - 246 & 248 UNIVERSITY AVENUE Mayor Carlson stated this was the time and place duly noted for public hearing to consider the appeal of Planning Commission's approval of two 2-lot subdivisions and of plans to construct two single family residences on property in the R-1D- LHP zone. Property owner, T-Mac II, Terry McElroy. Property location, 246 and 248 University Avenue. Mayor Carlson stated John Lein, architect for this project is also a Planning Commissioner and asked the Town Attorney if a ruling had been received from the FPPC regarding his participation. The Town Attorney reported a written opinion has not been received but an informal opinion that John Lein may speak before Council since the Council is not subject to any budget control of the Planning Commission. With regard to him appearing before the Planning Commission the FPPC Has reversed an earlier oral opinion that Mr. Lein should have not spoken before the Planning Commission. This opinion will be received in an advice letter from the FPPC. His speaking before them at the time was based on previous oral advice that was in error. Jean Wilson, 239 Edelen Avenue, considers the two garages a fire hazard in their present location because they will not have fire retardant walls. Jean Barnes, 245 Edelen Avenue, spoke on behalf of Jennifer Kapp, 233 Edelen Avenue, Virginia Rhoads, 255 Edelen Avenue; submitted a letter written by Letty Wirth, 239 Edelen Avenue all are opposed to the project as presented. Style of the homes, density, joint use of a driveway were some of their concerns. Jean Barnes then submitted photos of the area showing the character of the homes. Robert Aviles, Architect at 610 University Avenue, feels the standards for development should be consistent throughout the R-1D zone. Terry McElroy, property owner and developer, stated this area had been down zoned from commercial to residential and submitted summary of the arguments against the project and his response. He feels the Planning Commission did not err because staff supported joint driveways; homes are under 1,900 square feet and are within lot sizes of the area; footprint smaller than 95% of homes in area; height is smaller than homes in area; lot sizes are same as rest of area; homes are same distance apart as other homes in area; other homes in the area are built in groups that are similar looking; neighbor will not loose view; no increase in traffic; removed trees will be replaced; project will complete the street; and is consistent with zone change. Rick Raynes, 610 University Avenue, spoke in support of consistency of developments within the Town. John Lien, Architect for the project, stated the design for the homes were derived from the character of the neighborhood; .38 includes the enclosed floor area; this is the first time the garage has been included in the FAR (a problem developes if the garage is not considered in the FAR and then is converted to part of the house); fewer driveways would mean higher safety; not adding to traffic because there are currently 6 units, one is illegal; staff was in favor of joint driveway; two spaces on lot a will be less of a parking lot than current use; FAR is necessary but difficult to set a number for all projects; victorians were build with similar styles and he is following the neighborhood; design is in compliance with all ordinances. Mr. Lien brought a project before Planning Commission and met with the Town Attorney to discuss the conflict of interest; received a verbal ruling from FPPC and as long as he remained within their guidelines he feels he is performing as mandated by the State; would not have participated if received different ruling from the FPPC. Loren McRoberts, 493 Bird Avenue, Town is in need of new housing and the project will enhance the area. No one else in the audience wished to speak on this issue. Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried unanimously. Council discussed the joint driveway that Planning gave reason why acceptable and Engineering gave reason why not acceptable; a driveway on one lot serving another lot is contrary to policy; currently six units on the property and one is an illegal unit; garages are only five feet from property line and should be redesigned to not look overwhelming; 1900 square foot home is preferred. Mr. Hamilton would support the Historic overlay if staff could find a way to assist the clean up of historical zone. This should be sent back to the Planning Commission because of a possible conflict of interest by John Lien. Mr. Hamilton moved to send this appeal back based on the possibility there is a problem with the process and there are sufficient reasons to re-examine the project for the reasons stated during the hearing. Mrs. Benjamin seconded. Carried unanimously. Mr. Ferrito feels completion of this project will remove an eyesore from this area that has improved to a well kept single family neighborhood since its rezoning from commercial. The Planning Commission erred by not following the DRC recommendation with respect to joint driveways; can't have a substandard lot with one driveway serving another lot; three removal is a concern;physical impact of the size of the units to the neighborhood; five small homes are not equivalent to five 1900 square foot homes and the number of people would have an impact. Mr. Ventura stated lots in the neighborhood average about 5,000 square feet which could allow two lots here, Staff should look carefully at the design to avoid mistakes made in other neo-Victorian projects in downtown area. Mr. Ferrito moved to continue the meeting past midnight. Mr. Ventura seconded. Carried unanimously. NON-LIABILITY SEWER OVERFLOW Mayor Carlson stated this was the time and place duly noted for public hearing to consider adoption of an ordinance amending Article III of Chapter 25 of the Town Code relating to Town of Los Gatos non-liability for sewer overflow where a back water valve is not installed and operational. Mr. Hamilton moved to continue this public hearing to November 21, 1988. Mr. Ventura seconded. Carried unanimously. PARKING PROHIBITION WEST MAIN STREET A letter was received from Howard Durham on July 27, 1988, expressing concern about the parking problem on West Main Street between Broadway and Bayview. Marily Harlan, owner of 333 and 339 W. Main Street, would prefer modification of the no parking resolution to parking on the east and south side of West Main Street. Howard Durham, 117 Broadway, is in support of the no parking but will accept prohibition on one side of the street. Mark, 346 W. Main Street, received the notice late; is in support of parking on one side of the street; is in favor of permit parking; this is a turn around for busses. A resident of 333 West Main Street is in favor of parking on one side and reducing speed limit. Mr. Hamilton moved to restrict parking on the westerly and northern portion of West Main Street and staff to return with a report for review in six months. Report on the speed limit and recommendations. Report on County Transit regarding the use of West Main Street. Police Department to enforce both speeding, driving on the right side of the road, and parking in the wrong direction. Mrs. Benjamin seconded. Carried unanimously. CITY OF MONTE SERENO MSR 280 EASEMENT Mrs. Benjamin moved for the adoption of Resolution No. 1988-185 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING, IN THE AREA OF TRACT 4294 AND SMITH CREEK ROAD, AN EXCLUSIVE EASEMENT FOR THE INGRESS/EGRESS OF PEDESTRIANS AND MOTOR VEHICLES AND FOR PRIVATE UTILITIES OVER A ONE-FOOT NON-ACCESS STRIP TO A PROPOSED PARCEL "B" IN THE CITY OF MONTE SERENO MONTE SERENO REFERRAL MSR 280; recordation of the easement and the parcel map; applicant to pay the Town for the easement; and determine the value of the easement to be $3,500.00. Mr. Hamilton seconded. Carried by a vote of four ayes. Mr. Ventura voted no. Mr. Ferrito would like staff to be more careful on referrals. MAINTENANCE SCHOOL DISTRICT ATHLETIC FIELDS Mrs. Benjamin moved for the adoption of Resolution No. 1988-187 entitled, RESOLUTION APPROVING THE AGREEMENT WITH LOS GATOS UNION SCHOOL DISTRICT, LOS GATOS UNITED SOCCER LEAGUE AND LOS GATOS LITTLE LEAGUE FOR MAINTENANCE OF SCHOOL DISTRICT ATHLETIC FIELDS; and authorize staff to initiate athletic field maintenance effective October 3, 1988. Mr. Ventura seconded. Carried unanimously. DEDICATION ROSE GARDEN AT CIVIC CENTER Mrs. Benjamin moved to approve the recommendation that an area in front of the Civic Center be dedicated a rose garden, with a plaque, in honor of Rose E. Aldag, Town Clerk, 30 years of service to the Town. Mr.Ventura seconded. Carried unanimously. CLOSED SESSION REPORT Mary Jo Levinger stated there would be no Closed Session held this evening. The following will be discussed prior to the October 3, 1988 Council meeting; 59 University (Kumiko Vadas); 51 University (John Cobb); APN 529-03-033 parcel on Boone Lane south of 20 Gray's Lane (Joseph Greco); 20 Gray's Lane (Gerald and Emogen Boyle); 46 N. Santa Cruz Avenue (Dawson Miller Development); 54 N. Santa Cruz Avenue (Joseph Greco); 58 N. Santa Cruz (Hazel Smith); 100 N. Santa Cruz (Doris Zucconi); 108 N. Santa Cruz Avenue (Raymond and Pearl Nelson); 110 N. Santa Cruz Avenue (Elton and Maria Armstrong); 122 N. Santa Cruz Avenue (Richard and Kathryn Groen). ADJOURNMENT Mr. Hamilton moved the meeting of September 19, 1988 be adjourned at 12:45 a.m., Tuesday, September 20, 1988. Mr. Ventura seconded. Carried unanimously. ATTEST: Rebecca L. Yates Sr. Deputy Clerk