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M 01-21-03-ReviewOfTelecommunicationsActOf1996TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY STUDY SESSION ON THE REVIEW OF THE TELECOMMUNICATIONS ACT OF 1996 January 21, 2003/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 6:00 p.m., Tuesday, January 21, 2003, in study session. ROLL CALL Present:Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman and Mayor/Chairman Sandy Decker. Staff:Debra Figone, Pamela Jacobs, Orry Korb, Bud Lortz, Tom Williams, Deborah Ungo-McCormick, Jenny Haruyama VERBAL COMMUNICATIONS Ray Davis asked that speakers be allowed to comment after the study session was completed. Charlene Delamajorie, outreach representative for First Five, Santa Clara County, spoke on the Regional Partnership Initiative, supporting the Children and Families First Act. This legislation called for local commissions to promote healthy development of young children. She spoke of projects planned for the Southwest Partnership and will be calling Council to discuss these programs. STUDY SESSION ON THE TELECOMMUNICATIONS ACT OF 1996 Bud Lortz, Community Development Director, spoke of the work that staff completed on the telecommunications ordinance. He spoke of the contacts that were made to the industry and the community. He also discussed the professionals who have been employed to help staff prepare an ordinance for Council’s consideration. He addressed establishing key regulations and keeping the Town’s options open to review each application individually. Orry Korb, Town Attorney, reviewed the Telecommunications Act and noted that Council can continue to review all appropriate land use and design issues associated with the placement of personal wireless facilities. Tom Williams gave an overview of the proposed ordinance and offered options and standards that Council could consider and which will be appropriate to work with in the context of the community’s needs and the industry’s ability to do business. He spoke of stealth technology in hiding or camouflaging the equipment. Ordinance will address the reduction of monopoles, the removal of obsolete equipment and will highlight ideal locations. Council Comments: Mr. Glickman supported the need for identifying good service for our community. He questioned the word “shall” in the ordinance as being inflexible when considering the changes going on in the industry. He questioned the limit on height due to the possible needs due to technical reasons and N:\CLK\Council Minutes\2003\M 01-21-03-ReviewOfTelecommunicationsActOf1996.wpd Town Council Minutes January 21, 2003 Redevelopment Agency Los Gatos, California Council Continued: Mr. Glickman continued: living so close to the hillside. He noted that technology might cause some standards to need to be reviewed. He asked that the best possible service be offered to our community with the least impacts to our neighborhoods. Mrs. Decker asked that the service provider be asked to give its best service while serving the company’s needs. Ms McNutt noted that most locations seem to be located around Highway 85 and asked what the incentives were to the industry to follow the guidelines. Ms McNutt asked that a short, one page simplified explanation be developed to explain to the community how the staff, Council and neighborhoods are arriving at these decisions. Mr. Lortz explained that receiving a speedy permit was the incentive for following the Town’s regulations. If the company preferred to establish its wireless in another manner the process might include other options and require a more lengthy procedure. Mr. Pirzynski noted that the community can set its parameters and act for the good of the people. Council can move forward with directives to protect and benefit the community and work toward the best possible service from this newly deregulated industry. Speakers from the audiance: Sam Weidman, thanked staff for the work that has been done and noted more needs to be considered. He spoke of heights and asked for specific heights on existing poles, for instance one at 125% height. Mr. Lortz noted that the ordinance will not be retroactive. If the tower in Oak Meadow is chosen it will not be precluded due to its current height. The ordinance only refers to new not existing hardware. Ray Davis spoke of the good Orinda Ordinance. He asked that staff please read it and model this community’s after it. John Tice commended staff for their work. He asked that the ordinance include the balance of neighbors and the whole of the community, residents and businesses, and noted that this industry is paramount to a community that lies on the side of a hill. COUNCIL CONCLUSION Mayor Decker asked that the concerns of the industry and the residents be considered and that the Cupertino and Orinda ordinances be reviewed. That staff, consultant and Council take time for further review, as the information before Council tonight is presented in draft form. ADJOURNMENT Mayor Decker closed this evening’s meeting at 7:05 p.m. ATTEST Marian V. Cosgrove Town Clerk N:\CLK\Council Minutes\2003\M 01-21-03-ReviewOfTelecommunicationsActOf1996.wpd