Item 7 Staff Report Adopt Ordinance Amending Article lll of Chapter 23 Regulating Encroachments in the Public Rights-of-Way and Public WaysCOUNCIL AGENDA
DATE: 9/18/95
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
44
DATE: September 14, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY:-
SUBJECT: ADOPT ORDINANCE AMENDING ARTICLE III OF CHAPTER 23 REGULATING
ENCROACHMENTS IN THE PUBLIC RIGHTS -OF -WAY AND PUBLIC WAYS
RECOMMENDATION:
Adopt ordinance (Attachment 1) amending Article III of Chapter 23 regulating encroachments in the public
rights -of -way and public ways and direct Clerk to publish a summary of the ordinance no later than fifteen (15)
days following adoption.
DISCUSSION:
On September 5, 1995, the Council introduced the attached ordinance and waived further reading. A
summary of the proposed ordinance was published in the Los Gatos Weekly -Times on September 13, 1995.
PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY
LEA/Imb 9/14/95 11:21 am
N:\ATY\ENCRORD.CNL File #301-05 #9
Attachments: Attachment 1 - Ordinance
Reviewed by:
Manager Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
ORDINANCE AMENDING CHAPTER 23 TO CONSOLIDATE
ENCROACHMENT PERMIT REQUIREMENTS FOR WORK AND INSTALLATIONS
IN THE PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTY
The Town Council of the Town of Los Gatos does ordain as follows:
SECTION I
The Town Council adopted Ordinance No. 1886 to address concerns regarding benches,
fences, and other private installations in the public right-of-way that were proliferating in the
Town. Such "revocable" encroachment permits required Council approval. Subsequent planning
and legislation has established a process for review that can be handled by Town Staff so that
public health and safety is protected. Therefore, this ordinance is intended to consolidate
encroachment permit process and requirements in one article of the Town Code and simplify the
system while continuing to ensure the public's right to safely use the public rights -of -way and
property in the Town.
SECTION II
Existing revocable encroachment permits that were issued under Section 23.10.085 shall
automatically be converted to conforming permits under Article III of Chapter 23, and the
owners of those private improvements shall be responsible for the upkeep and maintenance of the
improvements as specified in Article III. Notwithstanding this ordinance, the requirement for
insurance on each privately owned bench in the public right-of-way in the C-2 Zone shall
continue until the bench is removed from the public right-of-way.
SECTION III
Section 23.10.085 of the Town Code is repealed.
SECTION IV
A new Section 23.30.005 is adopted as follows:
1 ATTACHMENT 1
Sec. 23.30.005. Obstructions Prohibited.
(a) It is unlawful to place or cause to be placed upon a public sidewalk or other public
right-of-way not intended for vehicular travel, and no person owning, occupying, or having
control of any premises shall allow to remain in front of those premises on any such public
sidewalk or public way next to such premises, anything that obstructs the free passage of such
sidewalk or way for:
(1)
More than ten (10) consecutive minutes if the obstruction causes pedestrians or
other users of the sidewalk or public way to use private property or a roadway to
pass the obstruction unless the person causing the obstruction provides an
alternative route that provides unobstructed passage in conformance with the
Americans with Disabilities Act and California State law; or
(2) More than one (1) hour at a time unless the obstruction is within the terms of an
approved encroachment permit pursuant to this article, or otherwise permitted
under the terms of the Town Code.
(b) It is unlawful to place or cause to be placed upon a public street or public way
intended for vehicular travel, and no person owning, occupying, or having control of any
premises shall allow to remain in front of those premises on any such public street or public way
next to such premises, anything that obstructs, endangers, or interferes with the free passage of
such street or way unless the obstruction is within the terms of an approved encroachment permit
pursuant to this article or otherwise permitted under the terms of the Town Code.
SECTION V
Section 23.30.010 is amended to read as follows:
2
Sec. 23.30.010. Exceptions from article.
(a) There shall be excepted from this article utility pole holes and anchor holes made
by any public utility in any area having no curbs, gutters and sidewalks; provided, that such
utility pole holes and anchor holes are not located along streets or thoroughfares in which
underground cable is, or has been, laid for the purpose of carrying electrical current for street
lighting or other purposes.
(b) There shall be excepted from this article the following items:
(1) Lampposts or hydrants erected by permission of the Town.
(2) Ornamental trees planted along the outer line of the sidewalk, or within the curb,
for the protection of the same, and approved by the Town pursuant to the Town
Code regarding such trees.
(3)
Materials and structures being used in the construction or repair of a structure if
expressly permitted in writing by the Director of Building & Engineering
Services.
(4) Posts being used to support one or more mailboxes that are less than one (1)
square foot thick at any point and the accompanying mailboxes so long as they do
not exceed the minimum standard for such mailboxes established by the United
States Postal Service.
(5)
Items that a State or Federal law requires the Town to allow in the public right-of-
way without a permit from the Town.
3
(c) Awnings projecting across or into a public street, sidewalk, or other way shall
conform to the requirements of Section 4506 of the Uniform Building Code and be subject to
approval under Chapters 6 and 29 of the Town Code rather than this article.
SECTION VI
A new Section 23.30.075 is added as follows:
Sec. 23.30.075. Conformance with other provisions of the Code.
Work performed under this article shall also conform to all permit, limitation, and other
requirements of the Town Code, including but not limited to chapters 6 and 29, and Chapter 45
of the Uniform Building Code.
SECTION VII
Section 23.30.015(a) is amended to read as follows:
*****
(a) Placing, changing, or renewing any encroachment in a Town controlled or owned
street, road, alley, sidewalk, curb, parking strip, or public way.
SECTION VIII
Section 23.30.020(f) is repealed.
SECTION IX
Section 23.30.035 is amended to read as follows:
Sec. 23.30.035. Work to be subject to inspection.
All work under this article shall be subject to the inspection of the Town Engineer or
designees. However, such inspections and the other provisions of this article shall not relieve the
4
applicant or applicant's contractors, agents, or employees from full liability and responsibility for
the performance of the work in accordance with generally accepted standards for such design and
construction and in conformance to the plans submitted to the Town.
SECTION X
Section 23.30.045(c) is amended to read as follows:
*****
(c) The Town may require the applicant to correct any slumping that occurs in any
backfill replacement, pavement, or resurfacing within two (2) years following the completion of
the construction under a permit issued pursuant to this article.
SECTION XI
Section 23.30.055 is amended to read as follows:
Sec. 23.30.055. Continuing responsibility of permittee, etc., after completion of work and
removal of encroachment.
(a) The responsibility and liability of a permittee under this article and of the persons
doing the work under that permit shall not cease upon completion of the work. The permittee,
and the permittee's heirs, successors, and assigns shall remain solely liable and responsible to the
public and the Town for the installation, maintenance, and repair of the work unless the Town
expressly accepts responsibility in writing for the installed work. Should any defect occur or be
discovered following completion of the work, the Town may require the permittee to correct,
repair, and replace the defective work at the sole expense of the permittee.
(b) Any encroachment installed in the public right-of-way subject to this article shall be
and is expressly subject to removal by any government entity or public utility lawfully using the
right-of-way or the Town if the encroachment interferes with the public convenience or
necessity. At no time shall the allowance by the Town of any encroachment in any public right-
of-way create any property interest by any person in the continued placement or existence of the
5
encroachment, and no compensation shall be owed to the owner or user of the encroachment for
any removal or alteration by a government entity or public utility.
SECTION XII
Section 23.10.090 is amended to read as follows:
Sec. 23.10.090. Distribution, sale, solicitation to vehicles upon roadway prohibited.
No person, while upon a public roadway, shall offer for sale, sell, give, or deliver any
newspaper, magazine, periodical, service, or other merchandise or item to the operator or
occupant of any vehicle upon such roadway.
SECTION XIII
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 199_ and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
, 199.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\ENCRPERM.BES
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
6
DEPTMENT:
AGENDA ITEM:
INTERNAL TRACKING
RESO/ORD NUMBER: A400
DATE
By
LIST IN BOOK
GJ M
/e
ON DISC OR SHARE. FORM SENT TO DEPT.
J4(1}
PUBLISH IF REQUIRED - Date of Publication
of
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
ON SIGNATURE TRACKING & SEND TO MAYOR
/�LIST 6
g
19,ie .
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
./may
PROOF OF MAILING PREPARED
./
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
`` } 5 ` e
`� . 1� '
' `-:' .
aa x.
fi5 F'
tt
f
FILE IN VAULT
CODIFICATION IF ORDINANCE ►'06
gri
ctk:d16:1other\ordres2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
ATTORNEY
09/18/95
07
RESOLUTION
ENCROACHMENTS RIGHT-OF-WAY
PUBLISH WHOLE ORDINANCE
ORDINANCE
Number: 2003
Date of Intro: 09/05/95
Date of Adopt: 09/18/95
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ALL
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor(or Chairman) PATRICK O'LAUGHLIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
ORDINANCE 2003
ORDINANCE AMENDING CHAPTER 23 TO CONSOLIDATE
ENCROACHMENT PERMIT REQUIREMENTS FOR WORK AND INSTALLATIONS
IN THE PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTY
The Town Council of the Town of Los Gatos does ordain as follows:
SECTION I
The Town Council adopted Ordinance No. 1886 to address concerns regarding benches,
fences, and other private installations in the public right-of-way that were proliferating in the
Town. Such "revocable" encroachment permits required Council approval. Subsequent planning
and legislation has established a process for review that can be handled by Town Staff so that
public health and safety is protected. Therefore, this ordinance is intended to consolidate
encroachment permit process and requirements in one article of the Town Code and simplify the
system while continuing to ensure the public's right to safely use the public rights -of -way and
property in the Town.
SECTION II
Existing revocable encroachment permits that were issued under Section 23.10.085 shall
automatically be converted to conforming permits under Article III of Chapter 23, and the
owners of those private improvements shall be responsible for the upkeep and maintenance of the
improvements as specified in Article III. Notwithstanding this ordinance, the requirement for
insurance on each privately owned bench in the public right-of-way in the C-2 Zone shall
continue until the bench is removed from the public right-of-way.
SECTION III
Section 23.10.085 of the Town Code is repealed.
SECTION IV
A new Section 23.30.005 is adopted as follows:
1
Sec. 23.30.005. Obstructions Prohibited.
(a) It is unlawful to place or cause to be placed upon a public sidewalk or other public
right-of-way not intended for vehicular travel, and no person owning, occupying, or having
control of any premises shall allow to remain in front of those premises on any such public
sidewalk or public way next to such premises, anything that obstructs the free passage of such
sidewalk or way for:
(1) More than ten (10) consecutive minutes if the obstruction causes pedestrians or
other users of the sidewalk or public way to use private property or a roadway to
pass the obstruction unless the person causing the obstruction provides an
alternative route that provides unobstructed passage in conformance with the
Americans with Disabilities Act and California State law; or
(2) More than one (1) hour at a time unless the obstruction is within the terms of an
approved encroachment permit pursuant to this article, or otherwise permitted
under the terms of the Town Code.
(b) It is unlawful to place or cause to be placed upon a public street or public way
intended for vehicular travel, and no person owning, occupying, or having control of any
premises shall allow to remain in front of those premises on any such public street or public way
next to such premises, anything that obstructs, endangers, or interferes with the free passage of
such street or way unless the obstruction is within the terms of an approved encroachment permit
pursuant to this article or otherwise permitted under the terms of the Town Code.
SECTION V
Section 23.30.010 is amended to read as follows:
2
Sec. 23.30.010. Exceptions from article.
(a) There shall be excepted from this article utility pole holes and anchor holes made
by any public utility in any area having no curbs, gutters and sidewalks; provided, that such
utility pole holes and anchor holes are not located along streets or thoroughfares in which
underground cable is, or has been, laid for the purpose of carrying electrical current for street
lighting or other purposes.
(b) There shall be excepted from this article the following items:
(1) Lampposts or hydrants erected by permission of the Town.
(2) Ornamental trees planted along the outer line of the sidewalk, or within the curb,
for the protection of the same, and approved by the Town pursuant to the Town
Code regarding such trees.
(3)
Materials and structures being used in the construction or repair of a structure if
expressly permitted in writing by the Director of Building & Engineering
Services.
(4) Posts being used to support one or more mailboxes that are less than one (1)
square foot thick at any point and the accompanying mailboxes so long as they do
not exceed the minimum standard for such mailboxes established by the United
States Postal Service.
(5)
Items that a State or Federal law requires the Town to allow in the public right-of-
way without a permit from the Town.
3
(c) Awnings projecting across or into a public street, sidewalk, or other way shall
conform to the requirements of Section 4506 of the Uniform Building Code and be subject to
approval under Chapters 6 and 29 of the Town Code rather than this article.
SECTION VI
A new Section 23.30.075 is added as follows:
Sec. 23.30.075. Conformance with other provisions of the Code.
Work performed under this article shall also conform to all permit, limitation, and other
requirements of the Town Code, including but not limited to chapters 6 and 29, and Chapter 45
of the Uniform Building Code.
SECTION VII
Section 23.30.015(a) is amended to read as follows:
*****
(a) Placing, changing, or renewing any encroachment in a Town controlled or owned
street, road, alley, sidewalk, curb, parking strip, or public way.
SECTION VIII
Section 23.30.020(f) is repealed.
SECTION IX
Section 23.30.035 is amended to read as follows:
Sec. 23.30.035. Work to be subject to inspection.
All work under this article shall be subject to the inspection of the Town Engineer or
designees. However, such inspections and the other provisions of this article shall not relieve the
4
applicant or applicant's contractors, agents, or employees from full liability and responsibility for
the performance of the work in accordance with generally accepted standards for such design and
construction and in conformance to the plans submitted to the Town.
SECTION X
Section 23.30.045(c) is amended to read as follows:
*****
(c) The Town may require the applicant to correct any slumping that occurs in any
backfill replacement, pavement, or resurfacing within two (2) years following the completion of
the construction under a permit issued pursuant to this article.
SECTION XI
Section 23.30.055 is amended to read as follows:
Sec. 23.30.055. Continuing responsibility of permittee, etc., after completion of work and
removal of encroachment.
(a) The responsibility and liability of a permittee under this article and of the persons
doing the work under that permit shall not cease upon completion of the work. The permittee,
and the permittee's heirs, successors, and assigns shall remain solely liable and responsible to the
public and the Town for the installation, maintenance, and repair of the work unless the Town
expressly accepts responsibility in writing for the installed work. Should any defect occur or be
discovered following completion of the work, the Town may require the permittee to correct,
repair, and replace the defective work at the sole expense of the permittee.
(b) Any encroachment installed in the public right-of-way subject to this article shall be
and is expressly subject to removal by any government entity or public utility lawfully using the
right-of-way or the Town if the encroachment interferes with the public convenience or
necessity. At no time shall the allowance by the Town of any encroachment in any public right-
of-way create any property interest by any person in the continued placement or existence of the
5
encroachment, and no compensation shall be owed to the owner or user of the encroachment for
any removal or alteration by a government entity or public utility.
SECTION XII
Section 23.10.090 is amended to read as follows:
Sec. 23.10.090. Distribution, sale, solicitation to vehicles upon roadway prohibited.
No person, while upon a public roadway, shall offer for sale, sell, give, or deliver any
newspaper, magazine, periodical, service, or other merchandise or item to the operator or
occupant of any vehicle upon such roadway.
SECTION XIII
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on September 5, 1995 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September
18, 1995
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
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
6
September 18, 1995
Los Gatos, California
MINUTES OF SEPTEMBER 11, 1995 (04B.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of the
Study Session with the Parking Commission on September 11, 1995 as submitted. Carried
unanimously.
TREASURER'S REPORT (05.V)
Informational report submitted by the Treasurer to the Council as of July 31, 1995, was received
and filed.
AMICUS BRIEF/HANSEN BROTHERS/NEVADA COUNTY (06.01)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council authorize amicus participation
in Hansen Brothers Enterprises vs. Board of Supervisors of Nevada County, et al, Supreme
Court, at no cost to the Town. Carried unanimously.
ENCROACHMENTS/PUBLIC RIGHT-OF-WAYS/ORDINANCE 2003 (07.46)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 2003
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 TO
CONSOLIDATE ENCROACHMENT PERMIT REOUIREMENTS FOR WORK AND
INSTALLATIONS IN THE PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTY, which was
introduced by Town Council September 5, 1995. Carried unanimously.
ANIMAL CONTROL SERVICES/SERVICE STATISTICS (08.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report on field service
statistics for animal control services for filing. Carried unanimously.
TRAFFIC AUTHORITY/SANTA CLARA COUNTY/STRATEGIC PLAN (09.38)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report on field service
statisticsfor animal control services for filing. Carried unanimously.
DATA PROCESSING SYSTEM FOR TOWN (10.28)
Informational report regarding Town's data processing system was received and filed.
FLEET MANAGEMENT SYSTEM/EQUIPMENT PURCHASE/RESOLUTION 1995-128 (11.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-128
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN
MANAGER TO EXECUTE AGREEMENT WITH PROTOTYPE INCQRPORATED FOR
PURCHASE OF A PC BASE FLEET MANAGEMENT INFORMATION SYSTEMS, including
information noted in the desk item. Carried unanimously.
9310 PROJECT/STORM DRAIN/NORTH SANTA CRUZ/RESOLUTION 1995-129 (12.37)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1995-129
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH CELTIC CONSTRUCTION FOR THE CONSTRUCTION OF
PROJECT 9310 NORTH SANTA CRUZ AVENUE STORM DRAIN MAIN EXTENSION, as
delineated in the staff report. Carried unanimously.
TC: D7: MM091895
2