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5 - Town Manger Powers and Duties during Economic Adversity.~owN o,~ MEETING DATE: 4-5-2010 _ ITEM NO: ~ ,.,,,4<< SOS °ca~°~ COUNCIL AGENDA REPORT DATE: March 31, 2010 TO: MAYOR AND TOWN COUNCIL FROM: MICHAEL D, MARTELLO, INTERIM TOWN ATTORN SUBJECT: .ADOPT A TEMPORARY ORDINANCE AMENDING SECTION 2.30.295(1) OF THE LOS GATOS TOWN CODE REGARDING THE GENERAL POWERS AND DUTIES OF THE TOWN MANAGER GRANTING ENFORCEMENT FLEXIBILITY DURING RECOGNIZED PERIODS OF NATIONAL, REGIONAL, AND LOCAL ECONOMIC ADVERSITY. RECOMMENDATION: Adopt a temporary~ordinance amending section 2.30.295(1) of the Los Gatos Town Code regarding the general- powers and duties of the Town Manager granting enforcement flexibility during recognized periods of national, regional, and local economic adversity. DISCUSSION: On September 8, 2009, the Town Council approved a temporary ordinance amendment to Section 29.30.295(1) regarding the general :powers and duties of the Town Manager as they relate to the enforcement of the Town Code. The temporary ordinance allowed for flexible enforcement of marketing and general operating technidues that were otherwise restricted and/or prohibited including: 1) outdoor display of goods; 2) amplification of music; and 3) signage, The temporary ordinance expires on April 8, 2010. On March 15, 2010, Council introduced an ordinance that would extend the temporary ordinance nine months to mirror the duration of the Economic Vitality and Visitor's Bureau work plan for.2010. Adoption of the attached ordinance finalizes that decision. The extension to the temporary ordinance would become effective 30 days thereafter. Attachment: Ordinance introduced March 15, 2010. PREPARED BY: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNEY N:\ATY\Resos & Ords\Ordinances\Ordinance Extension 2.30.295.doc Reviewed by: ~ Town Manager Assistant Town Manager Clerk Administrator Finance Community Development ORDINANCE A TEMPORARY ORDIIv'ANCE AMENDING SECTION 2.30.295(1) OF THE LOS GATOS TOWN CODE REGARDING THE GENERAL POWERS AND DUTIES OF THE TOWN MANAGER GRANTING ENFORCEMENT FLEXIBILTY DURING RECOGNIZED PERIODS OF NATIONAL, REGIONAL, A.ND LOCAL ECONOMIC ADVERSITY. WHEREAS, the Town Manager's Powers and Duties found in Los Gatos Town Code section 52.30.295 require efficient administration of enforcement of any laws and ordinances of the Town; :and WHEREAS, the Town Manager enforces provisions of the Town Code regarding outdoor display §29.50.020 and X29.50.025, outdoor entertainment, including amplification of music ~29.20.155(2)c, and signage X29.10.105, §29.10.115(1), X29.10.120(4), §29.10.125, as they specifically relate to businesses; and WHEREAS, the economic recession continues to challenge the Town's business community evidenced by retail vacancies and sales tax revenue at below pre-recession levels; and WHEREAS, flexibility of enforcement of business related provisions of the Town Code will enab e staff to react to changing economic conditions and support the business community by allowing marketing practices that would otherwise be prohibited; and ., WHEREAS, granting the Town Manager temporary discretion in the enforcement of the aforementioned provisions of the Town Code would allow staff to more efficiently address the current period of economic adversity -and potentially lessen its impact on the business community. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS: SECTION I. Notwithstanding subsection (1) of section 2.30.295 of the Los Gatos Town Code, for a period not to exceed nine (9) months from the effective date of this ordinance, the Town Manager may exercise discretion regarding the enforcement of certain provisions of the Town Code specifically: outdoor display X529.50,020, and 29.50.025, entertainment, including Page 1 of 2 amplification of music 529.20. L8~(2}c; and signage X29.10. l 0~, 529.10. l 15.(1), X29.10.120('1), X29.10.125; SECTION II. The provisions of this ordinance shall not be codified and shall terminate nine (9) months from its effective date. SECTION III. In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force anti effect. SECTION IV, This Ordinance takes effect 30 clays after the date it is adopted. This Orclinanee vvas introclueecl at a .regular meeting of tlae Town Council of the Town of Los Gatos on , 2010, anti adopted by the following vote as and Ordinance of the Town of Los Gatos at a regular meeting of the Town Council on _, 2010. COUNCIL, NIENIBERS: AYES: NAYS; ABSENT: ABSTA[i~i: SIG`dED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOW OF LOS GATOS LOS GATOS, CALIFORNIA N~ MGR Town Auurne~~ Council Repoets9-S-09 GV Ordinance Altern<uiveduc Pa~fe 2 of