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