M 01-26-87TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
JANUARY 26, 1987
TOWN COUNCIL
The Town Council/Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:45 p.m., in a continued regular meeting.
ROLL CALL
PRESENT:Eric D. Carlson, Thomas J. Ferrito,Robert L. Hamilton and
Brent n.Ventura.
ABSENT:Joanne Benjamin.
Mrs. Benjamin arrived at 7:55 p.m.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION REPORT
Town Attorney Levinger reported on Closed Session held after the January 20,
1987 Council meeting, stating pursuant to Government Code Section 54956.8
there was discussion on acquisition of Boyle property at 20 Gray Lane.
Negotiations were with Charles Killian and there is nothing to report from said
discussion. Ms. Levinger also reported that Council had met in Closed Session
prior to tonight Council meeting and discussed Labor relations and there is no
report from that discussion.
VERBAL COMMUNICATIONS
None.
Mrs. Benjamin arrived at the meeting at 7:55 p.m.
SECONDARY DWELLING UNITS
Mayor Ventura stated this was the time and place duly noted for continued public
hearing to consider amendments to the General Plan GP-86-1 concerning the
number, type of occupancy and other regulations pertaining to Secondary
Dwelling Units. Lee Bowman, Planning Director, stated Planning Commission
recommended to Council that non-conforming units or units that might be non-
conforming should be included in the Secondary Unit Ordinance as they are
currently. Council at their last meeting, by consensus motion, voted to remove
them from the Ordinance and Planning is giving several reasons why they feel
the non-conforming units should still be included. The other items have to do
with Council suggesting that any property with a secondary unit be subject to
inspection and unit be brought up to code. This would create some problems
and Council may wish to reconsider that action. Mayor Ventura gave summary
stated staff is recommending that the action Council takes be modified so that
(1) all secondary units be required to apply for a permit; and
(2) all secondary units be inspected so they comply with minimal health and
safety codes. Speaking from the audience was Pete Cunningham, who
questioned the status of his property at 246 E. Main, which has 4 units. Mr.
Bowman stated this property is non-conforming. Also speaking from audience
was Gary Gianinni; Eric Rasmussen, Representative of the Board of Realtors;
Catherine Smith spoke in opposition to the deletion of owner occupancy
requirement; and Mike Wasserman. After further discussion of various
alternatives re abatement and possibility of asking owners of nonconforming
units to come in and take out a permit which would make property conforming.
By consensus motion, Mr. Carlson moved to accept staff wording on report, page
5 under Section 3.96.040 HOUSING CODE, - "Any unit receiving a Secondary
Dwelling Unit Permit pursuant to Section 3.96.020 , and any other structure
requested to be inspected on that property shall be required to comply with the
Town Housing Code, and all improvements shall be completed by April 1, 1988."
Mr. Hamilton seconded. Carried unanimously. Mr. Carlson suggested that some
sort of procedure be set up whereby the people with legal nonconforming units
would come in and report their units. Mr. Ferrito, by consensus motion, moved to
accept staff recommendation re non-conforming second units. Mayor Ventura
seconded. Motion fails by vote of two ayes and three noes. Mrs. Benjamin
voting no as Town does not wish to look at all housing stock in Town, on whether
it fits health and safety codes. Mr. Carlson moved, by consensus motion, to
direct staff to come back with a recommendation for registration and health and
safety inspections on all legal nonconforming residence in the Town with the
possibility of a fee. Mayor Ventura seconded. Carried unanimously. Mayor
stated this issue would be reagendized and heard as a public hearing on
February 17, 1987 Council meeting. At that time there will be two Ordinances
presented. One regarding secondary units and one regarding legal
nonconforming units. After further discussion Mr. Carlson moved to close the
public hearing relating to Secondary Unit Ordinance. Mr. Hamilton seconded.
Carried unanimously.
FILING FEES SECONDARY UNIT PERMIT
Mayor Ventura stated this was the time and place duly published for
establishment of a filing fee for secondary dwelling unit permit applications. Mr.
Carlson moved public hearing be closed. Discussion was held as to continuation
of said hearing, whereby Mr. Carlson withdrew his motion. Mayor Ventura then
stated this issue would be continued to February 17, 1987.
FINANCIAL PROCEDURES & RECORDKEEPING
Town Manager stated this item was on the agenda, as requested by Town
Treasurer, for discussion with Council and suggestions to improve financial
record keeping procedures. Town Treasurer Bethlahmy presented Council with
documentation re Treasurer's duties and responsibilities as set forth in the
Government Code.
Code Sections from Government Code was also given to Council for their
information. Mrs. Joanne Conners, Treasurer of the City of Albany, read letter
from California State Association of Local Elected Officials on duties and
responsibilities of the Treasurer. Mr. Bethlahmy explained the investment of
Surplus Funds the delegation of duties of the elected Treasurer nd the
Treasurer's Investment Policy. Mr. Bethlahmy answered questions of Council on
various aspects of the investment policy.
Discussion was held on warrant payment and Mr. Bethlahmy explained the
procedures.
ADJOURNMENT
Mayor Ventura declared the meeting adjourned at 10:35 p.m., Monday, January
26,1987.
ATTEST:
Rose E. Aldag
Town Clerk