18 Staff Report - Limit Authority Over Local Land Use MattersMEETING DATE: 2/2/98
ITEM NO. 18
COUNCIL AGENDA REPORT
DATE: January 30, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, ESQ. TOWN ATTORNEYQI-
SUBJECT: CONSIDER ADOPTING RESOLUTION OPPOSING H.R. 1534 AND S. 1256 THAT WOULD
LIMIT THE TOWN'S AUTHORITY OVER LOCAL LAND USE MATTERS
RECOMMENDATION:
Adopt resolution opposing H.R. 1534 and S. 1256 that would limit the Town's authority over local land use matters.
DISCUSSION:
The League of California Cities has urged Cities to join in the opposition to HR 1534 and S. 1256 which represent an
unacceptable federal intrusion into local decision making authority. The attached resolution authorizes the Mayor to
contact Senators Boxer and Feinstein and Congressman Campbell in order to state the Town's opposition to H.R. 1534
and S. 1256.
Attachments: 1. Resolution
OPK:LMB/wp
N:1ATY\HR1534.TCR
PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY
Reviewed by: U. ' Manager Finance
Revised: 1/30/98 10:50 am
Reformatted: 10/23/95 File# 301-05
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RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
OPPOSING H.R. 1534 AND S. 1256 THAT WOULD LIMIT THE
TOWN'S AUTHORITY OVER LOCAL
LAND USE MATTERS
WHEREAS:
A. Currently, issues regarding local land use matters must, in the first instance, be
resolved before the Town Council, and if that fails, in state court, before related takings claims
are considered "ripe" for review in federal court. This allows the Town to retain control over
local land use matters while also providing adequate legal remedies in the event the Town
Council abuses its discretion.
B. House of Representatives Bill (H.R.) 1534, introduced by Congressman Elton
Gallegly, and Senate Bill (S.) 1256, introduced by Senator Orrin Hatch, represent attempts by the
federal government to usurp local land use authority. They would do so by reversing the current
judicial standard in order to permit potential takings cases to go directly to federal court if a
project has been locally denied twice.
C. If enacted, these bills would interfere with less litigious approaches to what are
essentially local issues, and would encourage more litigation against the Town.
D. These bills are opposed by the National League of Cities, the United States
Conference of Mayors, the attorneys general of more than 40 states (including California), the
National Conference of State Legislatures, the United States Judicial Conference, and others.
RESOLVED:
1. That the Town Council opposes H.R. 1534 and S. 1256.
2. That the Mayor is hereby authorized to contact Senators Boxer and Feinstein and
Congressman Campbell in order to state the Town's opposition to H.R. 1534 and S. 1256.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the day of , 1998, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA N:\ATY\HR1534.RES
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INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
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# A53
RESO/ORD NUMBER:
BY
DATE
LIST IN BOOK
ON DISC OR SHARE. FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
PROOF OF MAILING PREPARED
Z_________,______„
SIGN BY CLERK/SEAL
POSTED
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE !
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OFr _C'E OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE: c 2/2 /9t
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
5/0.10.812- 74k /53 4 $ /2s�
RESOLUTION
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PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: 07: RESO-ORD
RESOLUTION 1998 - 12
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
OPPOSING H.R. 1534 AND S. 1256 THAT WOULD LIMIT THE
TOWN'S AUTHORITY OVER LOCAL
LAND USE MATTERS
WHEREAS:
A. Currently, issues regarding local land use matters must, in the first instance, be
resolved before the Town Council, and if that fails, in state court, before related takings claims are
considered "ripe" for review in federal court. This allows the Town to retain control over local
land use matters while also providing adequate legal remedies in the event the Town Council
abuses its discretion.
B. House of Representatives Bill (H.R.) 1534, introduced by Congressman Elton
Gallegly, and Senate Bill (S.) 1256, introduced by Senator Orrin Hatch, represent attempts by the
federal government to usurp local land use authority. They would do so by reversing the current
judicial standard in order to permit potential takings cases to go directly to federal court if a
project has been locally denied twice.
C. If enacted, these bills would interfere with less litigious approaches to what are
essentially local issues, and would encourage more litigation against the Town.
D. These bills are opposed by the National League of Cities, the United States
Conference of Mayors, the attorneys general of more than 40 states (including California), the
National Conference of State Legislatures, the United States Judicial Conference, and others.
RESOLVED:
1. That the Town Council opposes H.R. 1534 and S. 1256.
2. That the Mayor is hereby authorized to contact Senators Boxer and Feinstein and
Congressman Campbell in order to state the Town's opposition to H.R. 1534 and S. 1256.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the 2nd day of February, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED: /s/ Linda Lubeck
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Town Council Minutes February 2, 1998
Redevelopment Agency Los Gatos, California
CAPRI DRIVE 14115/BELOW MARKET PRICE (BMP) IN -LIEU FEES CONT.
The following person from the audience spoke to this issue:
Chris Gatley, The Gately Co., 11510 Well Spring Crt, Cupertino, spoke of the collateral for the
requested loan and the relative safety of the financing.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mr. Attaway, to deny the request for time payment plan
for Below Market Price In -Lieu Fees. Carried by a vote of 4 ayes. Mrs. Lubeck voted no.
HISTORIC PRESERVATION PROCESS/FORWARDING COMMENTS (16.20)
Council Consensus, that this subject be agendized for the Council Work Study Session on
February 21, 1998.
TOWN COUNCIL MEETING SCHEDULE AMENDED (17.10)
Council Consensus, that Council move its Workshop of February 7, 1998, and consolidate it with
the Joint Study Session of February 21, 1998, and to start this meeting at 8:30 a.m.
H.R.1534 AND S. 1256/LOCAL LAND USE MATTERS/RESOLUTION 1998-12 (18.10)
Motion by Mr. Blanton, seconded by Mr. Hutchins,that Council adopt Resolution 1998-12
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING H.R.1534 AND S. 1256
THAT WOULD LIMIT THE TOWN'S AUTHORITY OVER LOCAL LAND USE MATTERS.
Carried unanimously.
COUNCIL COMMITTEE REPORTS (19.10)
Joanne Benjamin noted that on Thursday, February 5, 1998, Micky Edwards, will speak on "Why
People Don't Trust Government" at the Sunnyvale City Hall at 7:30 p.m. He served as the
Republican Whip, was a Journalist, Lawyer, and a Professor at the Kennedy School of
Government at Harvard U.
Mayor Lubeck mentioned that she had attended the Peninsula Division of the League of
California Cities, and that the League is working on legislation at the State level to help stem
the tide of State take aways from local government and establishing permanent revenues at the
municipal level.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 8:37 p.m.
TC: D10: MM020298
ATTEST:
Marian V. Cosgrove
Town Clerk
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