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1988-188-Approval Of Two-Lot Subdivision And Of Plans To Construct Two Single Family Residences On Property In The R-1D-LHP ZoneRESOLUTION NO: 1988 -188 RESOLUTION REMANDING TO PLANNING COMMISSION THE APPEAL OF PLANNING COMMISSION APPROVAL OF TWO -LOT SUBDIVISION AND OF PLANS TO CONSTRUCT TWO SINGLE FAMILY RESIDENCES ON PROPERTY IN THE R- lD -LHP ZONE (246 & 248 UNIVERSITY AVENUE - T -MAC II) WHEREAS: 1. Jeanne A. Wilson, Letty Wirth, Virginia Rhoads, Jennifer A. Kapp and Jeanne L. Barnes have appealed a decision of the Planning Commission as follows: approval of two -lot subdivision and of plans to construct two single family residences on property in the R- lD -LHP Zone located at 246 and 248 University Avenue and owned by T -Mac II, Terry McElroy (Subdivision Applications M -88 -8 and M -88 -9 and Architecture and Site Applications 5 -88 -29 and S- 88 -30); and 2. A public hearing was held by the Town Council on September 19, 1988. NOW, THEREFORE, BE IT RESOLVED: 1. The Town Council hereby finds that the appearance of the architect before the Planning Commission despite his disqualification due to conflict of interest and based on erroneous verbal advice from the Fair Political Practices Commission, caused a problem with the process before the Planning Commission and is sufficient cause to have the Planning Commission re- examine the application. 2. The Town Council hereby further finds that a driveway on property which it does not serve is inappropriate and that joint driveways are disfavored due to the problem in usage. 3. The Town Council hereby further finds that the mass and size of the house should be re- examined and that 1900 square feet may be too large given the size of the lots. 4. The Town Council hereby further finds that the Planning Commission should re- examine the location of the garages away from the rear property line and the similarity of design should be reviewed for appropriateness. 5. Based on the foregoing findigs, the Town Council hereby remands to the Planning Commission Subdivision Applications M -88 -8 and M -88 -9 and Architecture and Site Applications S -88 -29 and S -88 -30 for the following considerations: a. Elimination of driveway that does not serve the property on which it is located. b. Redesign without using a joint driveway. C. Re- examination of the mass and size of the house. d. Re- examination of the number of dwellings appropriate for the lot size. e. Review of the placement of garages with consideration to moving them from the rear setback. f. Review of the appropriateness of similar designs. -2- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3 day of October 1988 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS None SIGNED: MAYOR OF THE TOWN-OF-LOS GATOS ATTEST: i DEPUTY CLERK OF THE TOWN OF LO GATOS -3- RESOLUTION NO. 1988 -187 - RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING A RISK MANAGEMENT POLICY WHEREAS, the Town of Los Gatos is a charter member of the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN); and WHEREAS, the ABAG PLAN Board of Directors encourages each member to adopt a Risk Management Policy which outlines goals to achieve preservation of the member's human, physical and financial resources from the risk of accidental loss. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby adopt a Risk Management Policy, a copy of which is attached. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3 day of October , 1988 by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED :�� MAYOR OF THE TOWN OF LOS GATOS ATTEST: SR. DEPUTY CLERK OF THE OWN OF LOS GATOS TOWN OF LOS GATOS RISK MANAGEMENT POLICY It shall be the policy of the Town of Los Gatos to preserve its human, physical and financial resources from the risk of accidental loss. The major goals of this risk management policy are: To eliminate or reduce the risk of loss To apply responsive claims management techniques to losses that do occur To protect the Town budget from catastrophic losses, or an annual accumulation of losses, that would cause financial hardship. Catastrophic loss is defined as any loss in excess of $1 million. overall responsibility for the Risk Management Program shall lie with the Town Manager. The Risk Management Program shall be directed by the Town Risk Manager. Risk management shall be the responsibility of each department head. The first aspect of the Risk Management Program is a systematic process to identify, measure and control loss exposures. A Town -wide hazard identification system has been implemented to quickly identify hazardous conditions and effect repairs. All employees shall be encouraged to notify their Supervisor, Department Head or the Town Risk Manager of any condition that may expose someone to injury to damage. The second aspect of the Risk Management Program is a responsive claims administration system. The Risk Manager will review all incident reports and claims and will notify ABAG PLAN and their adjustment firm in a timely manner of all serious accidents or claims. Department Heads and Supervisors will review all accident reports, incident reports and claims affecting their organizations and provided timely information to the Risk Manager and ABAG PLAN's appointed adjustment firm. The third aspect of the Risk Management Program is the transfer of the Town's risk of loss to others whenever possible and practical. A risk transfer process will be developed which assures the use of hold harmless and indemnity clauses in all Town agreements, contracts, leases and rental agreements, and the use of insurance clauses that provide adequate protection to the Town, within the judgment of the Town Manager. An accident review process has been implemented to review all accidents, incidents and claims to determine their cause, preventability, method to prevent future occurrences, and claims and litigation defense strategy. The review process should be conducted periodically as needed but no less than quarterly. A safety review process has been implemented to discuss safety issues and get feedback from employees on how to make Town operations safer. The safety review process shall take into account standard industrial safety practices and safety orders issued by State agencies. The review process should be conducted periodically but not less than quarterly. -1- The Town will establish deductible and self- insurance retention limits consistent with its financial resources. The Town will set reserves on all self- insured losses to recognize the expected future cost, and appropriate funds to cover all self - insured liabilities. Insurance for risks with catastrophic loss potential shall be purchased whenever it is economically feasible, within the judgment of the Town Manager. The Risk Manager shall be the Town's liaison with AHAG PLAN, insurance brokers and insurance underwriters, and shall negotiate and purchase all of the Town's insurance coverage. -2-