27 Staff Report - Amending Town Code SectionsTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: DECEMBER 21, 1993
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT:
COUNCIL AGENDA
DATE: 1/3/94
ITEM NO.4:::q 7
16
CONSIDER INTRODUCTION OF ORDINANCE AMENDING SECTION 29.20.280 TO
PROVIDE ALTERNATIVE CALCULATION OF TIME IN WHICH THE COUNCIL MAY HEAR
AN APPEAL FROM THE PLANNING COMMISSION IN ORDER TO ENSURE PUBLIC
NOTICE AND REGULAR MEETINGS
RECOMMENDATION:
1. Direct the Clerk to read the title of ordinance.
2. Waive further reading of the ordinance (requires unanimous vote)
3. Move to introduce the ordinance amending time in which Council may hear an appeal from the
Planning Commission in order to ensure public notice and regular meetings.
DISCUSSION:
In 1976, the Council adopted Ordinance No. 1316, which required the Council to hold a public
hearing on an appeal from a Planning Commission decision within 45 days of the Clerk's receipt of the
appeal. This restriction is not required by State law, but was apparently intended to ensure expedited
disposition of planning matters.
The Town's experience with the provision has shown that in certain instances, the 45-day
requirement causes problems. Most Planning Commission decisions occur on a Wednesday; appeals can
be filed during a 10-day period, which really means that they can be filed until the Monday after the second
weekend following the decision. During certain months, the Council's regular meeting is during the same
week of the Planning Commission meeting; during other months, there is only one regular Council meeting.
If the appellant files the appeal immediately after the Commission decision, 45 days may require a
Council hearing at a meeting just a week or so away that will not permit the appeal to be noticed in
accordance with State law (10 days notice by publication or mailing) or call a special meeting to hold the
hearing, because the next regular meeting is more than 45 days away.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
LEA:yfg 12/27/93 8:52 am
DISK014\A:\CNCLRPTS\COMMAPPL.TCR
Attachments: Ordinance
Distribution: Town Attorney's Office
Reviewed by: J., Manager Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER INTRODUCTION OF ORDINANCE AMENDING SECTION 29.20.280 TO PROVIDE
ALTERNATIVE CALCULATION OF TIME IN WHICH THE COUNCIL MAY HEAR AN APPEAL FROM THE
PLANNING COMMISSION IN ORDER TO ENSURE PUBLIC NOTICE AND REGULAR MEETINGS
December 21, 1993
The Town Clerk, Planning Department, and this Office calculated the worst possible case for either
a prompt or late appeal, and a month in which there is only one regular Council meeting. It appears from
the various calculations, that providing for a hearing no later than 8 weeks following the Planning
Commission decision itself (rather than the filing of the appeal) will give the Clerk and the Planning
Department adequate time to notice and avoid special meetings of the Council on an appeal. On the other
hand, this will actually reduce the time for hearing on appeals that are filed on the last day, because those
would now have to be heard 57 days after the decision.
This administrative adjustment should ensure a workable process in appeals while continuing a
prompt disposition.
FISCAL IMPACT: No fiscal impact.
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.20.280
TO PROVIDE ALTERNATIVE CALCULATION OF TIME IN WHICH THE
COUNCIL MAY HEAR AN APPEAL FROM THE PLANNING COMMISSION
IN ORDER TO ENSURE PUBLIC NOTICE AND REGULAR MEETINGS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 29.20.280 is amended to read as follows:
Section 29.20.280. Hearing by Council.
The appeal shall be heard by the Council within fifty-six (56) days after the date of
the hearing at which the final decision by the Planning Commission was made. The Council
may continue from time to time any hearing held by it.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 1994 and adopted by the following vote as
an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on
after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
, 1994. This ordinance takes effect 30 days
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATNY014\CNCLRPTS\COMAPPL. LEA
January 3, 1994
Los Gatos, California
SEWER -CATCH BASIN CLEANER/TRUCK MOUNTED VEHICLE/RESOLUTION 1994-8 (24.28)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
8 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO REJECT ALL BIDS AND TO
DETERMINE THAT THE TRUCK -MOUNTED CATCH BASIN & SEWER CLEANER IS A
UNIQUE AND SPECIALIZED ITEM, AND DIRECT STAFF TO SEEK A NEGOTIATED BID
FOR THE ITEM, Carried unanimously.
TOWN MANAGER/EXECUTION OF AGREEMENTS/ORDINANCE INTRODUCTION (25.46)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING A NEW SUBSECTION
2.30.025(F) TO AUTHORIZE THE TOWN COUNCIL TO DIRECT THE TOWN MANAGER
TO EXECUTE CONTRACTS ON BEHALF OF THE TOWN. Carried unanimously.
ADVISORY AGENCY/POWERS AND RESPONSIBILITIES/ORD. INTRO (26.46)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE
SECTION 24.10.020 TO CLARIFY ADVISORY AGENCY POWERS AND RESPONSIBILITIES.
Carried unanimously.
APPEALS TO COUNCIL FROM PLANNING COMMISSION HEARINGS
TIME FOR SETTING OF COUNCIL APPEALS/ORDINANCE INTRODUCTION (27.46)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.20.280
TO PROVIDE ALTERNATIVE CALCULATION OF TIME IN WHICH THE COUNCIL MAY
HEAR AN APPEAL FROM THE PLANNING COMMISSION IN ORDER TO ENSURE
PUBLIC NOTICE AND REGULAR MEETINGS. Carried unanimously.
COUNC MEETING SCHEDULE/1993-94 (28.10)
Mot : Jn by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council approve the revised Town
Council Meeting Schedule for 1993-94 Fiscal Year, noting the change of the Town Council
Strategic Plan and Goals Workshop to January 29, 1994. Carried unanimously.
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