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M 03-14-88TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA MARCH 14, 1988 TOWN COUNCIL The Town Council/Parking Authority met in the Council Chambers of the Town Hall at 7:40 p.m., in an adjourned regular session. ROLL CALL PRESENT:Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Vice-Mayor Joanne Benjamin. ABSENT:Mayor Eric D. Carlson. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION REPORT Town Attorney Levinger reported on Closed Session that was held prior to tonights meeting. Pursuant to Government Code Section 54956.9 (a) Council met and discussed the case of Town V. VMS and there is nothing to report from that discussion. Pursuant to Government Code Section 54956.9 (b) discussed the claim of Edith Klein and there is nothing to report. Claim of Susan Nissen was discussed and Council made the finding that there was significant exposure to litigtion and voted to settle the claim in the amount of $7,338.04. The matter of Town v Nogah Bethlahmy was not discussed. BID AWARD PROJECT 8721 Vice Mayor Benjamin stated the awarding of bid for Project 8721 was continued to allow Town Engineer to prepare a report for Council explaining the requirement of a Class A contracting license to be able to bid on said project. After further discussion on the Engineer's report and Mr. Zapf answering questions of Council, Mr. Ventura moved to award the bid to R.H. Wehner Construction Co. in the amount of $64,724.50 and authorize the Mayor to sign the contract on behalf of the Town. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. CITATION CONTRACT TRANSFER FROM VMS TO COMPUTIL Mr. Ferrito moved to accept staff recommendation and continue this item to March 21, 1988 to allow time to acquire the necessary documents. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. MINUTES OF FEBRUARY 8, 1988 Mr. Ferrito moved for approval of February 8, 1988 minutes as submitted. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. MINUTES OF FEBRUARY 16, 1988 Mr. Ferrito suggested the correction of minutes - on page 7 - Subject - Secondary Dwelling Unit Report - fifth line from bottom of page to read "vote of three ayes. Mr. Ferrito voted no and Mr. Ventura". Mr. Ferrito moved for approval of February 16, 1988 minutes as corrected. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. TREASURERS REPORT FOR JANUARY 1988 Vice-Mayor stated Council was in receipt of the Treasurer's report for January 1988. ATTORNEY REPORT ON REFERRED VIOLATIONS Informational report from Town Attorney on the status of referrals re code enforcements. Attorney answered questions of Council on report. CORRECT NUMBERING OF ZONING ORD. Staff reported nonsubstantive changes to numbering of Sections of the Zoning Ordinance and have proposed an Ordinance with corrected section numbers. Mr. Ventura moved to waive the reading for AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO MAKE NONSUBSTANTIVE CHANGES TO THE NUMBERING OF VARIOUS SECTIONS OR REFERENCES. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. Town Clerk read title of the ordinance. Mr. Ventura moved for the introduction of the ordinance. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. GP-87-3 AMENDMENT RE MILES AVENUE PROPERTY Mr. Ventura moved to accept staff recommendation and Council assign this item a medium priority. This was on the referral of Council to Planning Commission so that the Commission may reconsider the General Plan Land Use designation for Miles Avenue Basin Area and a traffic trip allocation for each parcel. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. ROUTE 85 NEIGHBORHOOD MEETINGS Discussion was held on the proposed meetings scheduled to be held in various neighborhoods for discussion of Route 85. Council spoke on their concerns that there is nothing listed for meetings in the Blossom Hill/Union/Harwood Road areas. After further discussion, Mr. Ferrito moved to accept the proposed schedule of Neighborhood meetings, changing the neighborhood meeting of Courtstyle/Courtside with Rinconada Hills and adding two more meetings to accommodate the Blossom Hill/Union/Harwood Road areas. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. New schedule of meetings to be prepared by staff and presented to Council. COUNCIL COMMITTEE APPOINTMENTS REVISION Discussion was held whereby Mrs. Benjamin stated she is unable to attend the HCD/CAC Committee meetings and asked that Mr. Ventura, who is the alternate be appointed to attend said meetings. Mr.Ventura was then appointed. SECONDARY UNIT APPLICATION EXTENSION M. RODMAN It was consensus of Council to continued this to March 21, 1988. GRAND JURY LETTER RE TREASURER Informational report for Council. Letter available for public to review. CBDG FUNDING FOR 1988-89 Vice Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider proposals for the allocation of CDBG funds to be allocated. Town Manager reported on the CDBG funds that the Town would receive and explained the decline in the amount of fundings from the past years. The total amount of funds expected for fiscal year 1988-89 is approximately $151,680.00. Speaking on the issue was Randy Attaway who urged Council to consider the recommendation of the Community Services Commission. Also speaking were Leta Friedlander, Executive Director of the Live Oak Adult Day Services and Cynthia McCowen, Program Coordinator of the Food Bank. There being no one else wishing to speak, Mr. Ventura moved the public hearing be closed. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. After further discussion Mr. Ventura amoved to approve option 1 of the Community Services report which allocates the $22,750 to non-profit organizations as follows: Food Bank $4,200 Santa Clara County Dept, of Social Serv. Nutrition Program 15,000 San Jose State Univ. Health Place 3,550 and to the Housing Conservation Program as follows: Project Funds 141,200 Program Admin.35,000 Affordable Hse. Landbanking Fund 134,381 Motion also includes allocation of $3,220.00 to San Jose State University Health Place if the funds become available. Mr. Hamilton seconded. Carried by vote of four ayes. Mayor Carlson was absent. Discussion was held on process and requested a report at budget time on recommendation of possible further funding for nonprofit organizations. APPEAL- 155 N. SANTA CRUZ AVE. Vice-Mayor Benjamin stated this was the time and place duly noted for continued public hearing to consider the appeal of Planning Commission's denial of variance for the construction of a new one story commercial building, to merge existing properties into one lot and delete the rear yard required setback in the C- 2 zone... Property is located at 155 N. Santa Cruz Avenue. Mr.Ventura stated he had been absent at the previous hearing but had listened to the tapes and was eligible to vote on this issue. Speaking on the appeal was applicant Nick Vojvodich who presented clerk with copy of three memo's to Mr. Vojvodich, dated January 26, 1988, January 28, 1988 and February 10, 1988, from Mr. Lee Bowman, Planning Director. Mr. Vojvodich also questioned as to whether the appeal was filed in a timely manner. Town Attorney reviewed the appeal form and stated the appeal was filed timely. Mr. Vojvodich also questioned the Town Policy that handicapped parking spaces must be covered if there is covered parking provided on site. He spoke on the variance findings and stated there are other buildings built to edge of property line without any setback and questioned the reason he could not do the same. George Tobin spoke to the issue and his concerns on applicants lack of constitutional rights and the legality of a Town employee filing an appeal. Jim Lewis, 156 Vista del monte, spoke on access regulations which can be determined only by the Building Official and not by the Planning Commission. There being no one else wishing to speak on this issue, Mr. Ferrito moved to close the public hearing. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. Town Attorney Levinger stated under Government Code Section 54956.9(b) because of the threat of litigation, Council should discuss this in Closed Session. Mr. Ventura made the finding that there is significant exposure to litigation and therefore moved to adjourn to Closed Session at this time. Mr. Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was absent. Council adjourned to Closed Session at 9:40 p.m. Council meeting reconvened at 9:50 p.m. CLOSED SESSION REPORT 155 N. SANTA CRUZ APPEAL Town Attorney reported on Closed Session stating pursuant to Government Code Section 54956.9 (b) Council met in close session and discussed the appeal of 155 N. Santa Cruz Avenue. Mr.Ferrito stated that essentially Planning Commission over-ruled the Chief Building Official and moved to make the finding that Planning Commission, did in fact, exceed the authority in its action which in effect over-ruled the decision of the Chief Building Official. Mr. Ventura seconded. Carried by vote of four ayes. Mayor Carlson was absent. Further discussion was held on lack of findings that can be made. Mr. Hamilton moved to grant the variance based on information provided by the applicant and by granting the variance that does not constitute granting special privileges because it does not necessarily assist his building, it assists the handicap parking space. No vote was taken on this motion. After further discussion Mr. Ventura moved to continue this to March 21, 1988 to allow time for applicant to prepare findings that need to be made, according to law, before the variance can be granted. Mr. Hamilton seconded. ADJOURNMENT Mr. Ventura moved meeting be adjourned at 10:10 p.m. Mr. Ferrito seconded. Carried by vote of four ayes. Mayor Carlson was absent. ATTEST: Rose E. Aldag Town Clerk