11 desk item date
TOWN OF LOS GATOS
MEETING DATE: 03/21/2107
COUNCIL AGENDA REPORT
ITEM NO: 11 DESK ITEM
DATE:
MARCH 21, 2017
TO:
MAYOR AND TOWN COUNCIL
FROM:
ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT:
A. REQUEST FOR REFUND OF DEMOLITION FINE. 130 MASSOL AVENUE. PROPERTY OWNER: DIETER SCHMIDT. B. REQUEST FOR WAIVER OF DEMOLITION FINE. 205 UNIVERSITY AVENUE. PROPERTY OWNER: TAMI SHOOT.
REMARKS: Based on a Council Member’s question regarding the calculations for the fines for each home pursuant to Town Code Section 29.10.09030 (g), staff identified the math as: 130 Massol Avenue – Building Permit Valuation X 15 percent ($553,000.00 X .15 = $82,950.00) 205 University Avenue – Building Permit Valuation X 15 percent ($232,000.00 X .15 = $34,800.00) Staff also learned that the fine for 205 University Avenue referenced in the staff report ($23,200.00) was not correct. The $23,200.00 fine referenced in the staff report was based on a 10 percent fine. However, 205 University Avenue is in a Landmark Historic Preservation Overlay zone so the fine is 15 percent. The correct fine for 205 University Avenue is $34,800.00.
Attachments previously received with March 21, 2017 Staff Report: 1. Request for refund of fines – 130 Massol Avenue 2. Request for waiver of demolition fines – 205 University Avenue 3. Payment of fines – 130 Massol Avenue 4. Town Attorney Communication to FPCC dated January 5, 2017 5. FPCC communication to Town dated February 6, 2017 PREPARED BY:
ROBERT SCHULTZ Town Attorney
Reviewed by: Town Manager and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov
MEETING DATE: 03/21/2107
COUNCIL AGENDA REPORT
ITEM NO: 11 DESK ITEM
DATE:
MARCH 21, 2017
TO:
MAYOR AND TOWN COUNCIL
FROM:
ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT:
A. REQUEST FOR REFUND OF DEMOLITION FINE. 130 MASSOL AVENUE. PROPERTY OWNER: DIETER SCHMIDT. B. REQUEST FOR WAIVER OF DEMOLITION FINE. 205 UNIVERSITY AVENUE. PROPERTY OWNER: TAMI SHOOT.
REMARKS: Based on a Council Member’s question regarding the calculations for the fines for each home pursuant to Town Code Section 29.10.09030 (g), staff identified the math as: 130 Massol Avenue – Building Permit Valuation X 15 percent ($553,000.00 X .15 = $82,950.00) 205 University Avenue – Building Permit Valuation X 15 percent ($232,000.00 X .15 = $34,800.00) Staff also learned that the fine for 205 University Avenue referenced in the staff report ($23,200.00) was not correct. The $23,200.00 fine referenced in the staff report was based on a 10 percent fine. However, 205 University Avenue is in a Landmark Historic Preservation Overlay zone so the fine is 15 percent. The correct fine for 205 University Avenue is $34,800.00.
Attachments previously received with March 21, 2017 Staff Report: 1. Request for refund of fines – 130 Massol Avenue 2. Request for waiver of demolition fines – 205 University Avenue 3. Payment of fines – 130 Massol Avenue 4. Town Attorney Communication to FPCC dated January 5, 2017 5. FPCC communication to Town dated February 6, 2017 PREPARED BY:
ROBERT SCHULTZ Town Attorney
Reviewed by: Town Manager and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov
