Item 13 Staff Repor tAdopt Resolution Supporting AB 1340 and it's Requesting Amendment to Include Santa Clara County and All of its Cities for the Puposes of Implementing the Newly Adopted Santa Clara County General PlanTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: May 11, 1995
TO: MAYOR AND TOW
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 5/15/95
ITEM NO. /3
ADOPT RESOLUTION SUPPORTING AB 1340 AND REQUESTING AMENDMENT TO
INCLUDE SANTA CLARA COUNTY AND ALL OF ITS CITIES FOR THE PURPOSES
OF IMPLEMENTING THE NEWLY ADOPTED SANTA CLARA COUNTY GENERAL
P LAN
RECOMMENDATION:
Adopt resolution supporting AB 1340 and requesting an amendment to include Santa Clara County and all
of its cities for the purposes of implementing the newly adopted Santa Clara County General Plan.
DISCUSSION:
AB 1340 is intended to allow an agreement between Alameda County, Hayward and Pleasanton to preserve
the Pleasanton Ridge as permanent open space. The bill as written could have great benefits for the cities
in Santa Clara County as well (see attachment). The Greenbelt Alliance has requested that Santa Clara
County cities indicate their support for extending the provisions of the bill to Santa Clara County.
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
LEB.mb 5/11/95 1 13 pm
nldevlcnclrpts\AB1340.gba File #
ATTACHMENTS:
1. Background on State Legislation on Joint Land Use Agreements and its
application to Santa Clara County.
2. Draft Resolution
DISTRIBUTION: Greenbelt Alliance, Attn: Vicki Moore, South Bay Field Director, 1922 The Alameda,
Suite 213, San Jose, CA 95126
Assembly Member Mike Sweeney, 4130 State Capitol Building, Sacramento, CA
95814
Assembly Member Jim Cunneen
Reviewed by: 1 r f Attorney
Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
Background on State Legislation on Joint Land Use Agreements and its
application to Santa Clara County
Background:
In 1994, Assemblyman Johan Klehs carried AB 1877 through the legislature to validate the
Pleasanton Ridge Agreement. His bill was vetoed by the Governor. The bill would have
allowed Alameda County and the cities of Hayward and Pleasanton to enter into an
agreement to adopt goals and policies in their respective general plans to preserve
permanent open space areas (the Pleasanton Ridge). The agreement provided that any
amendment to those general plan goals and policies shall not take effect unless the other
agencies adopt parallel general plan amendments.
The Governor states that it was an "unwarranted interference and intervention by the State
into local and regional matters" and pointed out that State law already permits local agencies
to establish jomt powers agencies which could be utilized to accomplish the goals of the
legislation.
State Attorney General Dan Lungren issued an opinion saying that he thought the
agreement was invalid, and that local governments didn't have the power to enter such
binding land protection arrangements. Ironically, the Governor said local governments
need no such legislation to enter into joint land use agreements; they already have the
authority to do so. This is exactly the opposite of Lungren's opinion.
The State Legislative Counsel, however, states that it is perfectly legal and many very
sound arguments have been made to defend its legality from local jurisdictions. (See
attached Legislative Counsel opinion).
The Problem:
Although an official joint powers agency could conceivably be the mechanism to enforce a
joint land use agreement covering an area of mutual interest, it is a bureaucratically
cumbersome and wasteful means of doing it. Local elected officials simply do not want to
create a whole new agency and standing body of elected officials just to enforce a land use
agreement. All that is really needed is the type of agreement used in the Pleasanton Ridge
agreement --a Memorandum of Understanding laying out the ground rules and signed off by
each jurisdiction with provisions described above.
Implications for San Jose and Santa Clara County:
The new County General Plan calls for a series of land use agreements primarily aimed to
provide long-term protection to lands within the sphere of influence of cities or other areas
of mutual interest between cities and cities and the county. Morgan Hill will be embarking
on an effort this month and several West Valley Cities are enthused about a subregional
land use agreement with the County and is pursuing the effort this year. Other cities like
San Jose and Milpitas would also be well served by such an agreement with the County,
providing added protection to the unincorporated land around cities. Following is a sample
of the city support for joint land use agreements:
,San Jose's letter responding to the draft County General Plan dated October 25, 1994,
states:
ATTACHMENT 14
"The draft Plan suggests that Joint Area Plans be prepared by the City and the County
for areas, such as the South Almaden Valley, to better control and specify interim
uses. San Jose supports this concept as a vehicle for the City and County to work
together to solve land use problems. This sort of joint planning would surely have a
long-term benefit to both the City and the County by helping to avoid development
projects that are inconsistent with the interest of either or both jurisdictions. Joint
planning will also help the City and County to plan for the preservation of open
space."
Cupertino's letter on the County General Plan, dated October 26, 1994 states:
"Policies provide the basis for the County entering into joint planning efforts,
which is consistent with Cupertino's (General Plan). Cupertino supports -these
policies, with a further statement that implementation of a joint powers agreement
with West Valley Cities, including Cupertino, be an implementation priority."
Saratoga's letter regarding the County Plan dated November 7, 1994 states:
"The issue of development in the unincorporated hillsides has been of great concern
to the City since its inception. This is further evidenced by the policy statement
recently included in the Open Space Element of the General Plan which directs staff to
pursue a cooperative agreement with the County regarding the unincorporated hillside
areas. The City would favor a statement in the County General Plan that would
provide a framework for developing such a plan for these sensitive hillsides."
What should be done about it:
Assemblyman Mike Sweeney from (D-Hayward) has introduced legislation which would
provide the unquestioned legal authority for the Pleasanton Ridge agreement and he is very
open to broadening the scope of the bill to include Santa Clara County. The bill would
then allow, not mandate, that any city can develop binding land use agreements with any
other city and/or the county. Assemblyman Sweeney as well as Assemblymembers and
Senators from Santa Clara County need to be contacted urging their support for amending
the current legislation to include Santa Clara County.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS SUPPORTING AB 1340 AND
REQUESTING AMENDMENT TO INCLUDE SANTA CLARA COUNTY
AND ALL OF ITS CITIES FOR THE PURPOSES OF IMPLEMENTING
THE NEWLY ADOPTED SANTA CLARA COUNTY GENERAL PLAN
WHEREAS, Preservation of open space and greenbelts is important to the Town and its
residents, and
WHEREAS, the clear delineation of urban boundaries is a major goal in the Town's
General Plan and the Joint Town/County Hillside Specific Plan, and
WHEREAS, the Town is exploring a subregional land use study with the Cities of Monte
Sereno, Saratoga and Cupertino and the County of Santa Clara, for the preservation of the
hillsides, and
WHEREAS, AB 1340 would aid in achieving the above.
RESOLVED, the Council of the Town of Los Gatos requests an amendment to AB 1340
to include Santa Clara County and all of its cities for the purposes of implementing the newly
adopted Santa Clara County General Plan.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 15th day of
May, 1995, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
n: W e vlrc sos W B 13411. gbs
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 241
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTION 3/
AGENDA ITEM: •�
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
LIST IN BOOK
6&4'(./z 2//cJ//4/
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE !
clk: d8: \other\ordres2
fl
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
PLANNING
05/15/95
13
AB1340 SCC GENERAL PLAN
RESOLUTION ORDINANCE
1995-53 Number:
Date of Adopt: 05/15/95 Date of Intro:
Date of Adopt:
ZONE CHANGE:
COUNCIL ACTION:
AYES: OTHERS
NAYS:
ABSENT: BENJAMIN/LUBECK
ABSTAIN:
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor(or Chairman) PATICK O'LAUGHLIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D14:\OTHER\ORDRES
RESOLUTION 1995-53
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS SUPPORTING AB 1340 AND
REQUESTING AMENDMENT TO INCLUDE SANTA CLARA COUNTY
AND ALL OF ITS CITIES FOR THE PURPOSES OF IMPLEMENTING
THE NEWLY ADOPTED SANTA CLARA COUNTY GENERAL PLAN
WHEREAS, Preservation of open space and greenbelts is important to the Town and its
residents, and
WHEREAS, the clear delineation of urban boundaries is a major goal in the Town's
General Plan and the Joint Town/County Hillside Specific Plan, and
WHEREAS, the Town is exploring a subregional land use study with the Cities of Monte
Sereno, Saratoga and Cupertino and the County of Santa Clara, for the preservation of the
hillsides, and
WHEREAS, AB1340 would aid in achieving the above.
RESOLVED, the Council of the Town of Los Gatos requests an amendment to AB 1340
to include Santa Clara County and all of its cities for the purposes of implementing the newly
adopted Santa Clara County General Plan.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 15th day of
May, 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin, Linda Lubeck
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
o��aev1reeus1AB I3w.gnz
May 15, 1995
Los Gatos, California
MUSIC IN THE PLAZA-1995/DOWNTOWN ASSOCIATION (06.XX)
Council consensus to postpone this item to a later agenda per staff's request.
OUTREACH & ESCORT INC./TRANSIT ASSIST/WEST VALLEY CITIES (07.19)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify Bid Proposal to Outreach
& Escort Inc. for Providing Paratransit Services to the West Valley Cities effective July 1, 1995.
Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent.
A PLACE FOR TEENS/FIVE YEAR FISCAL PLAN (08.44)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept A Place for Teens five-year
fiscal plan. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent.
HOUSING REPORT/FOR THE YEAR/1990-1994 (09.19)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept and file informational report
regarding annual housing report and implementation of the Housing Element. Carried by a vote of
3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent.
GEOGRAPHIC INFORMATION SYSTEM/FUND TRANSFERS (10.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report recommending
transfer of funds to support the next increment of the Town's Permit Tracking and Geographic
Information System with fund transfers as shown in the staff report. Carried by a vote of 3 ayes.
Mrs. Benjamin and Mrs. Lubeck were absent.
MAZE AND ASSOCIATES/AUDITING SERVICES/RESOLUTION 1995-51 (11.06)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1995-51 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE A CONTRACT WITH MAZE AND ASSOCIATES TO PROVIDE AUDITING
SERVICES FOR FISCAL YEARS 1994-95 AND 1995-96. Carried by a vote of 3 ayes. Mrs.
Benjamin and Mrs. Lubeck were absent.
POLICE PATROL VEHICLE EQUIPMENT/LIGHTBARS/RESOLUTION 1995-52 (12.28)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1995-52 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH L.C. ACTION POLICE SUPPLY OF SAN JOSE
FOR PURCHASE OF PATROL VEHICLE EQUIPMENT FOR TWELVE (12) 1995 MODEL
CRP CLASS "E" SPECIAL SERVICE VEHICLES. Carried by a vote of 3 ayes. Mrs. Benjamin
and Mrs. Lubeck were absent.
SANTA CLARA COUNTY GENERAL PLAN/SUPPORT AB 1340/RESOLUTION 1995-53 (13.21)
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1995-53 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING AB 1340 AND
TC:D7:MM051595
3
May 15, 1995
Los Gatos, California
REQUESTING AMENDMENT TO INCLUDE SANTA CLARA COUNTY AND ALL OF ITS
CITIES FOR THE PURPOSES OF IMPLEMENTING THE NEWLY ADOPTED SANTA
CLARA COUNTY GENERAL PLAN. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs.
Lubeck were absent.
TC: D7: MM051595
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