Item 38 Staff Report Introduce Ordinance Amending Article lll of Chapter 23 Regulating Encroachments in Public Right-of-Ways and Public Waysd(c
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
COUNCIL AGENDA:
DATE: 9/5/95
ITEM NO. F
DATE: August 28, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: INTRODUCE ORDINANCE AMENDING ARTICLE III OF CHAPTER 23 REGULATING
ENCROACHMENTS IN PUBLIC RIGHT-OF-WAYS AND PUBLIC WAYS
RECOMMENDATION:
1. Direct the Clerk to read the title;
2. Move to waive the reading (requires unanimous vote of the Council members present);
3. Introduce the Ordinance to amend Code of the Town of Los Gatos Chapter 23.
4. Instruct the Clerk to publish a summary at least (5) days prior to adoption.
BACKGROUND:
On February 7, 1994 the Town Council adopted new standards related to encroachments in the public
right-of-way. The Ordinance incorporated higher dollar value thresholds for insurance and bonding criteria,
specific exemption for minor improvements such as lawn or flowers and minor technical modifications. The
Ordinance amendments described above have proved effective and are working well." The code section,
"Revocable Encroachment Permits," which covers a specific class of encroachment (benches, fences, art
etc.). was not amended under the provisions because of streetscape review by the Downtown
Beautification Committee. The Committee has completed the work which impacted the encroachment
permit process and staff recommends consolidating the process. Existing Revocable Encroachment Permits
would automatically come under the provisions established by the consolidated permit process.
CONCLUSION
Staff recommends the Ordinance amendment to reduce redundancy and cover all "encroachments" with one
type of permit and provide reasonable standards, improve public safety, and reduce risk.
PREPARED BY: Scott R. Baker
Director of Building and Engineering Services
N:\B&E\CNCLRPTS\ENCROAC2.TCR
Attachments: 1. Proposed Ordinance Amendment
2. Existing Town Code Provisions
Reviewed by: ?'r' Attorney Clerk Finance Treasurer
Revised: 8/28/95 11:27 am
COUNCIL ACTION/ACTION DIRECTED TO:
Form: 6/21/95
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:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Chapter 23
STREETS AND SIDEWALKS*
Article I. In General
Sec. 23.10.010. Definition.
Sec. 23.10.015. Town base and datum plane —Established; designated.
Sec. 23.10.020. Same —Use.
Sec. 23.10.025. Street construction and street work —Authority to close streets.
Sec. 23.10.030. Same —Erection of barriers, notices, lights, etc.
Sec. 23.10.035. Ball playing in streets.
Sec. 23.10.040. Keeping of goods, wares, etc., on street, sidewalk, etc., for display, etc.
Sec. 23.10.045. Outdoor display of merchandise on public property.
Secs. 23.10.050-23.10.075. Reserved.
Sec. 23.10.080. Fences, walls, hedges and shrubs near street intersections.
Sec. 23.10.085. Obstruction.
Sec. 23.10.090. distribution, sale, etc., of papers, magazines, etc., to vehicles upon roadway
prohibited.
Article II. Special Gas Tax Street Improvement Fund
Sec. 23.20.010. Established.
Sec. 23.20.015. Accumulation of funds.
Sec. 23.20.020. Use of funds.
Article III. Encroachments
Sec. 23.30.010. Exceptions from a= cicle.
Sec. 23.30.015. Permit —Required.
Sec. 23.30.020. Same --Bond and insurance required.
Sec. 23.30.025. S ie—Issuance; terms and conditions.
Sec. 23.30.09o. Commencement of work prior to obtaining permit in emergencies.
Sec. 2.9.30.035. Work to be subject to inspection.
Sec. 23.30.040. Special requirements in location where underground electrical cable is laid.
Sec. 23.30.045. Backfilling, resurfacing, etc.
Sec. 23.30.050. Excavations in new pavement.
Sec. 23.30.055. Continuing responsibility of permittee, etc., after completion of work and
removal of encroachment.
Sec. 23.30.060. Kind of material to be used.
Sec. 23.30.065. Standard specifications and plans to be followed.
Sec. 23.30.070. Removal of material, refuse, etc., upon completion of work.
*Cross references —Amusements, Ch. 3; bicycles, Ch. 5; buildings and building regula-
tions, Ch. 6; civil defense and disaster, Ch. 8; fire prevention and protection, Ch. 9; grading,
erosion and sediment control regulations, Ch. 12; pushcart regulations, § 14.700.010 et seq.;
motor vehicles and traffic, Ch. 15; parks and recreation, Ch. 19; planning, Ch. 20; sewers and
sewage disposal, Ch. 22; subdivision regulations, Ch. 24; trees and shrubs, Ch. 26; utilities, Ch.
27; vehicles for hire, Ch. 28; zoning regulations, Ch. 29.
Supp. No. 13 1543
Attachment 2
STREETS AND SIDEWALKS § 23.10.030
ARTICLE I. IN GENERAL
Sec. 23.10.010. Definition.
For the purposes of this chapter, the word "roadway" means that portion of a street or
highway improved, designed or ordinarily used for vehicular traffic.
(Code 1968, § 26-1)
Cross reference —Definitions and rules of construction generally, § 1.10.015.
Sec. 23.10.015. Town base and datum plane —Established; designated.
The Town base is the datum plane at an elevation of four hundred eleven and one hundred
seventy-five thousandths (411.175) feet below the top of the United States Geological Survey
benchmark stamped "B.C. 177-1936, reset 1940, elev. 411.175," set in the concrete curb at the
southwest corner of Santa Cruz Avenue and West Main Street, at the northeast corner of the
Lyndon Hotel lot, in the Town.
(Code 1968, § 26-2)
Sec. 23.10.020. Same —Use.
The Town base and datum plane established in this chapter shall be used by the Town
Engineer in the establishment of grades and elevations in the Town.
(Code 1968, § 26-3)
Sec. 23.10.025. Street construction and street work —Authority to close streets.
If it shall appear necessary to the Town Engineer, where supervision of the work has been
delegated to the Town Engineer, to close any street, alley or way so as to permit the proper
completion of any street work which is being performed thereon, the Town Engineer may close
or cause to be closed the whole or any portion of such street, alley or way deemed necessary to
be excluded from public travel.
(Code 1968, § 26-4)
Sec. 23.10.030. Same —Erection of barriers, notices, lights, etc.
(a) While any street, alley or way, or any portion thereof, is in the process of construction
or maintenance, or is closed to public use, the Town Engineer or the contractor doing the work
may erect or cause to be erected suitable barriers or obstructions thereon, may post or cause
to be posted conspicuous notices to the effect that the street, alley or way, or any portion
thereof, is closed or directing the traffic elsewhere, and may place or cause to be placed
warning lights and lanterns on such street, alley or way, or any portion thereof.
(b) No person shall wilfully break down, remove, injure or destroy any such barriers or
obstructions, tear down, remove or destroy any such notices, extinguish, remove, injure or
destroy any such warning lights or lanterns, or ride or drive any animal or vehicle across or
along any portion of such street, alley or way so closed.
(Code 1968, § 26-5)
Supp. No. 13 1545
STREETS AND SIDEWALKS § 23.10.080
(b) Height restricted. No person shall build, or keep in place, a fence, wall, hedge or shrub
more than three (3) feet high in a traffic view area unless the person has a permit to do so from
the Town Engineer.
(c) Measurement of height. For the purposes of this section, height is measured from the
elevation of the top of the curb (or the edge of the pavement if there is no curb).
(d) Permit for fences, etc., in excess of height restriction. On application (made in such
manner as the Town Engineer may provide), the Town Engineer may issue a permit to build
or keep in place a fence, wall, hedge or shrub notwithstanding the provisions of subsection (b)
of this section. The Town Engineer may issue the permit only if the Town Engineer finds that
the proposed or existing fence, wall, hedge or shrub does not block the view of and by motorists,
bicyclists, or pedestrians in a manner that is inconsistent with reasonable safety standards.
There is no permit fee.
(e) Procedure as to existing fences and walls in excess of height restriction. If the Town
Engineer makes a preliminary determination that any fence, wall, hedge or shrub which is
over three (3) feet high and is in a traffic view area is a hazard because it blocks the view of
or by motorists, bicyclists, or pedestrians, the Town Engineer shall notify the property owner
and the principal occupants of the property of the intention to hold a hearing to determine
whether the fence or wall must be removed or the hedge or shrub must be trimmed or removed.
(fl Method of giving notice of hearing regarding removal or trimming. Notice pursuant to
subsection (e) of this section may be given by personal delivery. If the Town Engineer elects to
�
give notice by mail, the Town Engineer shall allow seventy-two (72) hours for delivery and
shall address the notice to the owner shown on the most recent equalized assessor's roll, unless
the assessor has more recent information and makes it available to the Town Engineer, in
which case the Town Engineer shall use the later information. At least five (5) days' notice of
hearing shall be given, and in the case of mailed notice, the five (5) days is in addition to the
time allowed for mailing.
(g) Hearing and decision regarding removal or trimming. After giving the owner and the
occupants an opportunity to present evidence at a hearing held pursuant to this section, the
Town Engineer shall determine whether a hazardous condition exists. If the Town Engineer
determines that the fence, wall, hedge or shrub constitutes a traffic hazard, the property owner
shall remove, modify or trim it as required by the Town Engineer.
(h) Appeal of decision to remove or trim. An owner or occupant objecting to a determina-
tion by the Town Engineer under the provisions of subsection (g) of this section may appeal the
decision to the Town Council within five (5) days of the time when the Town Engineer states
the decision. Because of the possible emergency nature of proceedings under this section,
Supp. No. 13 1547
STREETS AND SIDEWALKS § 23.10.085
formal or written notice of decision is not required to start the time for appeal; any notification
that would cause a potential appellant, as a reasonable person, to be aware of the substance
of the decision will suffice.
(Code 1968, §§ 26.8.1-26.8.8)
Cross reference —Licenses and miscellaneous business regulations, Ch. 14.
Sec. 23.10.085. Obstruction.
(a) Findings and purpose. Private improvements are often built, both knowingly and
unknowingly, within the public right-of-way or within a public easement. These encroaching
improvements include as an example: Fences, block walls, pillars, lights, stairways, planter
boxes, benches, gates and gate openers.
Two (2) undesirable results follow from allowing these private improvements to remain on
public right-of-way or on a public easement. First, they may present a public safety risk and
block free access and passage on Town streets, sidewalks and public ways. Second, the progress
of future projects in the public right-of-way or in a public easement may be delayed when a
private improvement is found to be obstructing the work.
Accordingly, the Town Council finds and declares that the purposes of this section are (1) to
maintain public safety; (2) to maintain access and free passage on Town streets, sidewalks and
other public ways; (3) to protect the Town from the liability of private encroaching improve-
ments; (4) to protect the Town from future delays to improvement projects resulting from these
encroachments; and (5) to create an orderly process for allowing improvements which enhance
community aesthetics.
(b) Rezulation of private improvements within the public right-of-way or within a public
easement.
(1) No person shall place or cause to be placed upon a public street, sidewalk or other
public way, and no person owning, occupying or having control of any premises shall
suffer to remain in front thereof upon the sidewalk, street or way next to such pre-
mises, anything which shall obstruct the free passage of such street or sidewalk for
more than one (1) hour at a time. This section shall not apply to improvements
approved by the Town Council for which a revocable encroachment permit has been
recorded.
(2) A revocable encroachment permit shall be required for any existing private improve-
ments within the public right-of-way or within a public easement.
(3) No improvement shall be permitted which reduces the path of travel on a public
sidewalk to less than the minimum required for sidewalks by title 24 Code of Regu-
lations of the State of California. Improvements on public sidewalks shall be placed
at least eighteen (18) inches from the face of any curb where public parking occurs.
(4) An applicant for a revocable encroachment permit must pay all applicable fees as
listed on the latest fee schedule approved by the Town Council of the Town of Los
Supp. No. 1 1549
STREETS AND SIDEWALKS § 23.30.015
construction, maintenance or improvement of streets or highways other than State highways,
shall be paid into special gas tax street improvement fund.
iCode 1968, § 26-15)
Sec. 23.20.020. Use of funds.
All money in the special gas tax street improvement fund shall be expended exclusively
for the purposes authorized by, and subject to, all of the provisions of Streets and Highways
Code of the State.
(Code 1968, § 26-16)
ARTICLE M. ENCROACHMENTS*
Sec. 23.30.010. Exceptions from article.
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 under-
ground cable is, or has been, laid for the purpose of carrying electrical current for street
lighting or other purposes.
(Code 1968, § 26-17)
Sec. 23.30.015. Permit —Required.
It is unlawful to do or perform any of the following without first obtaining a written
encroachment permit from the Director of Building and Engineering Services as provided in
this article:
(a) Placing, changing or renewing any encroachment in a Town controlled or owned
street, road, alley, sidewalk, curb, parking strip or public way, unless otherwise
governed by section 23.10.085 of this Coda.
(b) Constructing any driveway, sidewalk, curb, or gutter into or within any Town right-
of-way.
(c) Making any opening or excavation in any street, road, alley, sidewalk, curb, parking
strip, or any Town right-of-way for any purpose.
(d) Laying or placing any pipes, conduits, sewers, wires, or any other objects in any Town
right-of-way.
(e) Connecting to or altering in any way any Town drainage system, sewer system, or
piping system of any kind.
(Code 1968, § 26-18; Ord. No. 1968, § II, 2-7-94)
Cross reference —Licenses and miscellaneous business regulations, Ch. 14.
*Cross references —Underground utility districts, § 27.40.010 et seq.; requirements for
underground installation of utilities, § 27.50.010 et seq.
Supp. No. 10 1551
STREETS AND SIDEWALKS § 23.30.030
(2) Planting, removal, or replacement of annual plants and flowers;
(3) Installation of parking strip sidewalk in conformance with Town standard spec-
ifications.
However, any such work undertaken without first obtaining an encroachment permit
pursuant to this article shall be subject to summary removal without notice by the
Town and shall be the sole responsibility of the adjacent property owner. The Director
of Building Services may determine that an encroachment permit is required because
of the minor work to be or already undertaken, and the Director's decision shall be
final and conclusive.
(0 An applicant for a revocable permit under section 23.10.085 shall satisfy the require-
ments of this section before beginning any work under the revocable permit.
(Code 1968, 26-19; Ord. No. 1968, § IV, 2-7-94)
Sec. 23.30.025. Same —Issuance; terms and conditions.
Permits under this article shall be issued in triplicate copies, with the original copy for the
applicant and the two (2) remaining copies for the files of the Town. When required by the
Town Engineer, the applicant shall submit an inspection slip, which shall request an inspec-
tion of the work performed, shall state the number of the original permit and give the time and
place of the requested inspection. Applications for permits shall be made at least twenty-four'
(24) hours in advance and under no conditions shall the work have been started prior to the
obtaining of the permit, except as specified in this article. Each application made pursuant to
this section and section 23.30.030 shall be accompanied by an application fee in such amount
as is prescribed by the Town Council by resolution.
(Code 1968, § 26-20)
Sec. 23.30.030. Commencement of work prior to obtaining permit in emergencies.
When an emergency arises, such as a break in a water main, sewer line, gas main, electric
cable or a like emergency, then the necessary work under this article shall proceed without
first having obtained a written permit therefor; provided, that the person proceeding with such
work shall, within twenty-four (24) hours following the next working day (other than Satur-
days, Sundays or legal holidays) mail or deliver an emergency permit application, upon forms
to be furnished by the Town, to the Town Engineer, informing the Town Engineer of the time
and place the work was first commenced and the cause of such emergency. The Town Engineer
shall sign and file such emergency permit and cause the necessary inspections to be made. If,
upon inspection, the work is completed to the satisfaction of the Town Engineer, the Town
Engineer shall note the same upon the emergency permit; and in the event the work has not
been done to the satisfaction of the Town Engineer, the Town Engineer shall cause such work
to be done to the Town Engineer's satisfaction by the person undertaking such work.
(Code 1968, § 26-21)
Supp. No. 10 1553
STREETS AND SIDEWALKS § 23.30.055
safety require that the contemplated work be permitted. This prohibition shall not apply to
public agencies or public utilities when repairs must be made to failed pipelines and conduits
or when a new connection which could not have been anticipated must be made. If a permit is
issued to open any pavement which is less than three (3) years old, an additional charge shall
be made for such opening; provided, however, that such charge may be waived by the Town
Engineer when a public agency or public utility can demonstrate to the satisfaction of the
Town Engineer that the pavement opening is occasioned by circumstances beyond its control.
The additional charge shall be five (5) percent of the regular construction encroachment permit
fee for each remaining month, or fraction thereof, of the three-year restricted period.
(b) If the permittee chooses to do such permittee's own pavement restoration under Town
inspection, the additional charge, plus inspection and permit fees, shall be paid by the per-
mittee. The contractor shall be responsible for the pavement restoration for the time period
remaining in a seven-year period. Private contractors, not doing utility company work, shall
sign a maintenance agreement, providing a guarantee that they will make any necessary
repairs at their cost.
(c) Except where galvanized pipe is used, the backfill shall be either a sand slurry (one (1)
to one and one-half (111a) sack mix), be certified by a test to be ninety-five (95) percent com-
pacted or the contractor utility shall provide that an inspector is on hand during the trench
restoration. The pavement cross section shall be replaced as the existing, but with one (1) inch
additional asphalt or concrete surface course and one (1) inch additional of base material. The •
trenches shall be T-sectioned and the backfill placed in lifts with tamping in between. Wheel
rolled compaction shall not be permitted.
(Ord. No. 1820, § I(26-24.5), 5-7-90)
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 section 23.10.085
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 or section
23.10.085 shall be and is expressly subject to removal by any government agency or public
utility lawfully using the right-of-way or the Town if the encroachment interferes with the
public convenience or necessity. No compensation shall be owed to the owner or user of the
encroachment for any such removal or alteration.
(Code 1968, 26-25; Ord. No. 1968, § VI, 2-7-94)
Supp. No. 10 1555
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:Ik:d8:\other\ordres2
PROPOSED ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 23 OF THE TOWN CODE TO CONSOLIDATE
ENCROACHMENT PERMIT REQUIREMENTS FOR WORK AND
INSTALLATIONS IN THE PUBLIC RIGHT-OF-WAY AND PUBLIC
PROPERTY. (SUMMARIZED)
PLEASE TAKE NOTICE that on September 5, 1995. the Town Council of the
Town of Los Gatos introduced an ordinance that would consolidate encroachment
permit requirements in the Town. The proposed ordinance would eliminate the
current requirement that certain types of encroachments such as fences and
lampposts be subject to Town Council review and owners of such encroachments
be required to maintain insurance coverage on the encroachments. Most
encroachments would be made subject to provisions found in Article III of
Chapter 23 of the Town Code, which provide for staff approval and require
specific documentation, installation, and maintenance standards. The proposed
ordinance would also expand the current prohibition against sale or distribution of
merchandise to drivers of vehicles on a roadway to include a prohibition against
offers and sales of services to drivers of vehicles on a roadway.
A complete copy of the proposed ordinance is available from the Town Clerk, located at
110 E. Main Street, Los Gatos, CA 95031, phone (408) 354-6834.
The ordinance is scheduled for hearing and possible adoption by the Town Council at the
Council meeting set for 7:30 p.m. on Monday, September 18, 1995, in the Council Chambers
located at 110 E. Main Street, Los Gatos, CA. Any persons interested in the ordinance are
invited to submit written comments to the Town Clerk or to testify at the Council meeting.
lat3 9/3/'f
N:ISHAREIENCROACH.SUM
September 5, 1995
Los Gatos, California
HEARINGS CONTINUED
UNIVERSITY AVENUE 104 CONT.
Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing.
Carried unanimously.
Motion by Mr. O'Laughlin, seconded by Mr. Blanton, that Council grant the applicant's appeal
pending a report from the Director of Building and Engineering Services as to the adequacy
of the repair of patio cover under consideration. This report to return to Council September
18, 1995. The appeal was granted as an issue or policy over which the Commission did not have
discretion to modify or address, but which is vested in the Council for modification or decision.
Carried unanimously.
PARKING ISSUES/ASHLER AVE/PREFERENTIAL PARKING DISTRICT FEES (16.42)
ASHLER AVE PROPOSED PARKING DISTRICT (16B/C/D)
The following people from the audience spoke to this issue:
June Miller, 18 Ashler Ave, spoke against the initiation of a parking district on Ashler, but
requested consideration of the commercial uses permitted in the vicinity of this residential
neighborhood.
Mr. & Mrs. David Brohan, 23 Ashler Ave., spoke in favor of a parking permit district for this
neighborhood.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council refer this item to the Parking
Commission, October 5, 1995 at 7:30 a.m. in the Council Chambers, and that the Commission
approach the Mortuary and Kinko's and consider alternatives for parking in other locations,
scheduling options to make use of open parking areas during off business hours, use of shuttle
service, and curtesy signs placed in the affected neighborhood. Carried unanimously.
DOWNTOWN STREET PARKING TIME LIMITS (16A)
The request was for two hour parking on Village Lane. Notice will be sent to the business
community with a means to record their opinions and the downtown parking issue will be
included on the Council agenda of October 2, 1995.
Council consensus to continue this item to October 2, 1995.
TOWN SIGN CODE/MODIFICATION REQUEST (37.46)
Council consensus to refer this subject back to staff for a further report to return to Council
October 16, 1995, investigating the sign options the might be changed or modified and the costs
which would be shared by applicants.
ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY/ORDINANCE INTRODUCTION (38.46)
The Town Clerk read the title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
TC: D7: MM090595
8
September 5, 1995
Los Gatos, California
ENCROACHMENTS IN PUBLIC RIGHT-OF-WAY CONT.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 23 TO
CONSOLIDATE ENCROACHMENT PERMIT REQUIREMENTS FOR WORK AND
INSTALLATIONS IN THE PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTY. Carried
unanimously.
JOINT TOWN COUNCIL AND AGENCY BUSINESS:
ADOPT A BENCH PROGRAM/DOWNTOWN BEAUTIFICATION (39.49)
Council and Agency consensus that this item be continued to September 18, 1995.
COUNCIL COMMISSION VACANCIES/ADVERTISING SCHEDULE (40.20)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council amend Council policy to
advertise only once a month for commission, board and committee vacancies. Carried
unanimously.
COUNCIL COMMITTEES (41.10)
There was no report from Council this evening.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adjourn this evening's meeting
at 9:28 p.m. Carried unanimously.
TC: D7: MM090595
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
9