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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