Item 12 Staff Report Adopt Ordinance Amending Chapter 1 of the Town of Los Gatos Municipal Code Adding Section 1.10.115 Requiring that Applicants Defend and Indemnify the Town in Legal Challenges to the Issuance of Permits, Licenses, Entitlements or Approrer
MEETING DATE: 9/02/03
ITEM NO.
COUNCIL AGENDA REPORT
DATE: August 19, 2003
TO: MAYOR AND TOWN COUNCIL �J
FROM: ORRY P. KORB, TOWN ATTORNEY!
SUBJECT: ADOPT ORDINANCE AMENDING CHAPTER 1 OF THE TOWN OF LOS
GATOS MUNICIPAL CODE ADDING SECTION 1.10.115 REQUIRING
THAT APPLICANTS DEFEND AND INDEMNIFY THE TOWN IN LEGAL
CHALLENGES TO THE ISSUANCE OF PERMITS, LICENSES,
ENTITLEMENTS OR APPROVALS.
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of August 18, 2003.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary
published before adoption).
DISCUSSION:
On August 18, 2003, Council introduced Attachment 1, which amends Chapter 1 of the Town Code
adding section 1.10.115 requiring applicants defend and indemnify the Town in legal challenges to
the issuance of permits, licenses, entitlements and approvals.
Attachment Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp[N:IATYUndemnification.Adopt.TCR.wpd]
Reviewed by: " Town Manager Assistant Town Manager Clerk
Finance Community Development
Rev: 8/19/03 11:09 am
Reformatted: 7/19/99
File# 301-05
ORDINANCE
ORDINANCE AMENDING CHAPTER 1 OF THE TOWN OF LOS GATOS
MUNICIPAL CODE ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS
DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE
OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Chapter 1 of the Los Gatos Town Code is amended by adding section 1.10.115 to read as
follows:
Section 1.10.115. Indemnification of Town
Except as otherwise provided by law, an applicant who receives a permit, license,
entitlement, or other approval pursuant to Chapters 6, 12, 14 and 29 of this Code shall
defend, indemnify, and hold harmless the Town and its officials and employees in any action
brought by a third party to overturn, set aside, or void such permit, license, entitlement, or
approval. This duty to defend, indemnify, and hold harmless the Town and its officials and
employees is a condition of approval of all such permits, entitlements, licenses and approvals
whether or not expressly set forth in such permit, license, entitlement, or approval.
SECTION II
If any of the provisions of this ordinance or the application thereof to any person or property
is held invalid, such invalidity shall not affect the other provisions of this ordinance which can be
given effect without the invalid provision or application, and to this end the provisions of this
ordinance are declared to be severable.
SECTION III
Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil
Procedure 1085. Any action or proceeding seeking to attack; review, set aside, void or annul this
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ordinance shall be commenced within 90 days after adoption of this ordinance
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2003 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 , 20003. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Town Council Minutes September 2, 2003
Redevelopment Agency Los Gatos, California
SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION
BOND ACT OF 2002/PER CAPITA GRANT PROGRAM/RESOLUTION 2003-107 (11A.33)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2001-107
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND
COASTAL PROTECTION BOND ACT OF 2002. Carried unanimously.
SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION
BOND ACT OF 20021ROBERTI-Z'BERG-HARRIS GRANT/RESOLUTION 2001-108 (11B.33)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2001-108
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO APPLY FOR GRANT FUNDS FOR THE ROBERTI Z'BERG-HARRIS
BLOCK GRANT PROGRAM UNDER THE CALIFORNIA SAFE NEIGHBORHOOD PARKS,
CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2002.
Carried unanimously.
AMENDMENT OF TOWN CODE/INDEMNIFICATION OF TOWN/ORDINANCE 2116 (12.37)
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to adopt Ordinance 2116 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1 OF THE
MUNICIPAL CODE AND ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS
DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE
OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS. Carried by a vote of 4 ayes.
Ms McNutt voted no as reflected in prior record.
VERBAL COMMUNICATIONS (XX.28)
Grading on Shady Lane:
Ray Davis spoke of grading activities taking place on Shady Lane at this time and the damage to the
hillside and the ridgeline. He also addressed the lack of sufficient traffic speed signs in the school zone
areas and asked that the issue be addressed by staff.
Solar Panels and Screening:
Barry Cinnamon, President of Akeena Solar, asked for approval of one of his screening options that
he has installed for review and consideration on University.
William Maston, spoke concerning photo voltaic cells and the use of solar panels as an architectural
element.
Los Gatos High School Theater Project:
Joanne Rodgers spoke concerning the theater renovation and the use of this facility as a community
resource for our Town. She requested a grant from the Town of eighty-five thousand dollars a year for
four years to help meet the necessary funding goal for this project.
Ray Alsworth spoke of the Community Concert Series and supported the efforts to rehabilitate the
school theater so as to offer a better venue for future productions.
Kendall Bartlett, high school student, spoke in support of the theater project and asked Council for
their support.
Dick King spoke in support of the fund raising activities that are in progress for the rehabilitation of
the high school theater.
Diana Pleasant, thanked Council for all of the support that has been given to this project so far. She
requested a meeting with Council to explore the benefits that this project will bring to the community
and to consider further avenues of assistance the Town could offer to the ongoing efforts.
Music in the Plaza:
John Tice spoke of holding a public hearing on the location of the summer music series. He believes
there is considerable support to bring the events back to the Town Plaza.
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