4 - General Powers and Duties of Town Manager during Economic Adversity~pW N OF
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~°~~''~'- S COUNCIL AGENDA REPORT
OS GASO
DATE:
TO:
FROM:
SUBJECT
MEETING DATE:
ITEM NO:
March 11, 2010
MAYOR AND TOWN COUNCIL
GREG CARSON, TOWN MANAGER
~~
INTRODUCE 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:
Introduce 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.
BACKGROUND:
In 2009, the economic downturn adversely impacted the Town's business community
evidenced by an increase in the number of retail vacancies and a decrease in sales tax
revenue. In response, 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 (Attachment 1).
The temporary ordinance allowed for flexible enforcement of marketing and general
operating techniques 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.
PREPARED BY: Jessica von Borck, Economic Vitality Manager }~'J
N:`~MGR`AdminworkFiles~2010 Council Reports\Economic Stimulus Ordinance EXTENSION.doc ~f ~/
Reviewed by: Assistant Town Manager ~I'own Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE AMENDMENDING
SECTION 2.30.29(1)
March 11, 2010
DISCUSSION:
Adverse economic conditions continue to challenge local businesses in the Downtown
and tluoughout the Town's Neighborhood Commercial centers. Although vacancies in
the Downtown core are declining, sales continue to be below pre-recession levels and
existing businesses are challenged by the weak economy. In addition, national and
regional economic forecasts predict a continued slow recovery.
Program Feedback
In 2009, Economic Vitality staff in partnership with the Chamber developed a pilot
program focused on attracting shoppers to the Downtown and tluoughout the Town's
Neighborhood Centers (2"`~ Saturdays). The Town Council adopted a temporary
ordinance relaying enforcement on signage, amplification of music and outdoor displays
to further support businesses participating in the pilot program. To measure the success
of the temporary ordinance, a survey was sent to retailers/restaurants/service businesses
that participated in the 2"`~ Satiu~da~~ events. The purpose was to gauge the importance
and the effectiveness of both the program and the temporary ordinance. Results showed
that 71 % of respondents found that the temporary ordinance was a critical aspect of the
program and contributed to its success. The Town's flexible approach to code
enforcement enabled the business community to use marketing methods they were unable
to deploy in the past. These new marketing efforts were used to attract shoppers, and
ultimately resulted. in sales. In addition, to date, staff has not received any complaints or
negative feedback in regard to the Town's flexible approach to code enforcement.
Proposed Progrcnnming
To continue to address economic challenges locally and support the business community,
the Town's Economic Vitality office will again partner with the Chamber of Commerce
Visitor's Bureau to co-sponsor a series of events designed to encourage residents to shop
locally as well as to entice regional shoppers to visit Los Gatos establishments. The
proposed work plan consists of three major programs including another 2"`t Saturd~iv
program plamled for the summer months of June through August. Because the temporary
ordinance expires on April 8 and was a critical aspect of the program, staff is
recommending that the Town extend the temporary ordinance for another nine months to
minor the duration of the Economic Vitality and the Visitor's Bureau work plan for
2010. This is consistent with the Town's commitment to support the Los Gatos' business
community.
Busit7ess Outreach
In 2009 as part of the pilot program, the Chamber distributed information about the
temporary ordinance to all of its members on a regular basis. hl addition, Town staff
distributed infot-~nation to property managers/owners of the Town's Neighborhood
Commercial centers (Attaclnnent 2) and individually contacted business owners
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE AMENDMENDING
SECTION 2.30.295(1)
March 11, 2010
downtown. Town staff and the Chamber will continue with this method of outreach if the
temporary ordinance is extended.
CONCLUSION:
The proposed extension to the temporary ordinance (Attaclnnent 3) will enable the Town
Manager tinder his defined powers and duties to detei7nine not to enforce certain
provisions of the Town Code, namely: Outdoor Display (Section 29.50.020 and
29.50.025); Amplification of Music (Section 29.20.185(2)c); and Signage (Section
29.10.105, 29.10.115(1), 29.10.120(4), and 29.10.125). The use of amplified music,
displayed goods on sidewalks and in parking lots, and the use of a variety of signage will
fiu-ther enhance events that promote local businesses during times of economic hardship.
The extension of the temporary ordinance will support the Economic Vitality /Visitor's
Bureau work plan for 2010. Attachment 4 includes letters from the business community
and Chamber of Commerce supporting the ordinance extension.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no direct fiscal impact to the Town to amend the administrative functions of the
Town Manager. It is expected that a flexible approach to selected code enforcement
actions may have a positive impact on sales tax revenue received by the Town during
times of economic challenges.
Attachments:
1. September 8, 2010 temporary ordinance
2. Business outreach flyer
3. Temporary ordinance extension
4. Support letters from business community
ORllINANCE 2177
ORDINANCE OF THI; 'T'OWN OT LOS GATOS
G~IZANTING THE TOWN MANAGER 'ih,M1'OIZAlt~' ll1SCIZETION REGARDING
ENFORCEMENT OF BUSINESS 12ELATEll YlZOVISIONS OF THE `l OWN CODE
WHEREAS, the "I"own Manager's Powers and Duties found in Los Gatos `Down Code
section §2.30.295 require efrcient administration of enforcement of any laws and ordinances of
the Town; and
WHEREAS, the Town Manager enforces provisions of the Town Codc regarding
outdoor display 529.50.020 and §29.50.025, outdoor entertainment, including amplification of
music §29.20.185(2)c, and signagc 529.10.1OS, §29.10.115(1), §29.10.120(4), §29.1.0.1.25, as
they specifically relate to businesses; and
WHEREAS, the current economic recession has adversely impacted the Town's
business comnnulit}~ evidenced b}~ an increase in the number of retail vacancies and drop in sales
tax revenue; and
~~'IIERI+,AS, flexibility of enforcement of business related provisions oC the "Town Code
will enable stall to react to changing economic conditions and support the business community
by allowing marketing practices that would other~~~ise be prohibited; and
WEIERF.AS, granting the Town Manager temporary discretion in the enforcement of the
aforementioned provisions of the `T'own Codc would allow staff to more efficiently address the
current period of economic adversity and potentially lessen its impact on the business
community.
'.Ci:IE TOWN COUNCH~ OF `I'HL 'TOWN OF LOS CATOS ORDAINS AS
1~ OLLOWS:
SLC"1'lON 1.
Not~vithstancling subsection (1) of section 2.30.295 of the Los Gatos (Town Cocic, ()or a
period not to exceed six (6) months 1i-om the ellective date of this ordinance, the Town Manager
may exercise discretion regarding the enforcement of certain provisions of t11c ~hown Code
specifically: outdoor display 5529.50.020, and 29.50.025, entertainment, including amplification
oP music 529.20.185(2)c, and signage 529. l 0.1 OS, 529.10.1 1 S(1), 529.10.120(4), §29.10.125.
ATTACHMENT I
SECTION II.
'1 he provisions of this ordinance shall not be codified and shall terminate sip (6) months
li•om its elTective 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 lull force and effect.
SMrI'ION IV.
This Ordinance tatces effect 30 days after the date it is adopted.
This Ordinance was introduced at a regular meeting of the "fown Council of the "fown of
Los Gatos on September 8, 2009, and adopted by the following vote as and Ordinance of the
Town of Los Gatos at a regular meeting of the `f own Council on September 21, 2009.
COUNCIL. MLMMIZS:
AYES: Diane McNutt, .Ioe Pirynski, Sicvc Rice; Barbara Spector, and Mayor Mike
\~~asserman
NAYS:
ABSENT:
AI3 S"FAIN
SIGNED: ` j~ ~ ~~~
MAYOR OF "1'H> TOWN OF LOS GA"1'OS
T,OS GA"1'OS, CALII'ORNIA
~Il~~l.
~~ ERI OF' "1'I~E ~hO\~i~N M~ LOS GA 1'OS
LOS GATOS, CALIfOKNIA
To celebrate tl~e l~oiida~s awc{ support our
busiwesses duriw~ these uwcerta~w ecowowt,ic
tiwt.es, tl~e Towv~, is prov~,otiv~,~ a tewtporar~
pro~rawt, that wou~ol ewab~e Los Gatos
busiwesses witl~iv~, tl~e powv~,towv~, awc{
Cowt.vu.ercial, pistricts to ewga~e ivy, uv~ictue
vttiar~etiw~ practices. see below for c{etail,s!
QUESTIONS?
CONTACT:
Jessica von Borck
Economic Vitality Manager
Town of Los Gatos
110 E. Main Street
Los Gatos. CA 9~ 125
jvonborck@losgatosca.gov
408-399-5790
Y
9
~; A ~~ ~ y %
The program is valid during the remaining 2nd Saturday events:
November 14 and December 12, 2009
and during the Holiday Season, on weekends only,
beginning Black Friday November 27
ending Sunday December 20th.
The following is a list of programmatic elements that will be
permitted only on the defined dates listed above: ,
• Banners, balloons, a-frames, and flags.
• Amplified music in locations that have been identified through
the 2nd Saturday pilot program. There are siY locations within
the Downtown core scheduled from loam-4pm.
Neighborhood commercial centers to abide by similar hours.
• Outdoor display of merchandise where ample room is
provided for pedestrians to safely circulate.
ATTACHMENT 2
ORDINA\CE
A TEMPORARY ORDNANCE AMENDING SECTION 2.30.29(1) OF THE LOS GATOS
TOWN CODE REGARDING THE GENERAL POWERS AND DUTIES OF THE TOWN
MANAGER GRANTING ENFORCEMENT FLEYIBILTY DURNG RECOGNIZED
PERIODS OF NATIONAL, REGIONAL, AND LOCAL ECONOMIC ADVERSITY.
WHEREAS, the Town Manager's Powers and Duties found in Los Gatos Town Code
section ~2.30.29~ require efficient administration of enforcement of any laws and ordinances of
the Town; and
WHEREAS, the Town Manager enforces provisions of the Tovvn Code regarding
outdoor display ~29.~0.020 and ~29.~0.02~, outdoor entertainment, including amplification of
music X29.20.1 S~(2)c, and signage 529.10.105, X29.10.11 ~(1), 529.10.120(4), X29.10.125, 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
`VHEREAS, flexibility of enforcement of business related provisions of the Town Code
will enable staff to react to changing economic conditions and support the business community
by allowing marketing practices that would otherwise be prohibited; and
`VHEREAS, 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 TO~`';`i COliNCIL OF THE TOWN OF LOS GATOS ORDAhiS AS
FOLLO`VS:
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 ~~29.~0.020, and 29.~0.02~, entertainment, including
Pa~Te 1 of
ATTACHMENT 3
amplitlcation of music ys29.20.18~(?)c, and si~~na~e ~29.IO.10~, j29.10.11~(1), j29.10.120('I),
~29.10.12~.
SECTION I[.
The provisions of this ordinance shall clot be codified aild shall terminate aline (9) months
ti~om its effective date.
SECTION III.
[n the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the rcmainin« portions ~~~hich shall remain in full force and effect.
SFCTIO~ I~,'.
This Ordinance takes effect 30 days after the date it is adopted.
This Ordinance was introduced at a re~~ular meetin~~ of the Toti~~n Council of the Town of
Los Gatos on . ?010. and adopted b, tl_le follo~~~in~~ vote as and Ordinance of the
Town of Los Gatos at a re~,ular meetin<~ of the To~~~n Council on . ?010.
COU~CIt. ~IE~IBERS:
A~"ES:
\:-~YS:
:-~BSE\"I~:
:-\BS I~.-~1\:
SIGHED:
til~~.~'OR OF TIE TO~~~\ OF LOS GATOS
LOS G:~TOS. CALIFORtiLa
ATTEST:
CLERK OF THE TO~Vti OF LOS GATOS
LOS G:~TOS, C:~LIFOR~ IA
\IGR T:~«n ~uurnc~. Cnuncil Rc~~~nt, `)-;~-~l~l EV~ Orclinau~c.~I~~rnuti~~~ ~lnr
~1L'C' ~ Ot ~
Committee
Dianne Anderson, Chair
Discover Los Gatos
Gina Adams
TechThree Marketing
Scott Anderson
Discover Los Gatos
Erika Brown
Private Mortgage Advisors
Mary Lindsay
Mun's Vineyards
Ronee Nassi
Los Gatos Chamber of
Commerce
Lisa Rhorer
Cin-Cln Restaurant
Dana Seguin
Testarossa Vineyards
Susan Stevens
Elegant Voyages
Marie Tallman
Community Volunteer
Jessica Von Borck
Town of Los Gatos
Ch\:tr
~`lOS := f ((x(18
CHA+uBER OF COMMERCE
zn~
c`S'atr~r~a s
f~iuover tke T aswrns
LOS GATOS
Los G.~TOS VIS1~rolts Bt-Itr.~r
DISC'OI-E!i T//F. TeE.ISCBES...
March 10, 2010
Members of the Town Council
Los Gatos, CA
Re: Extension of Flexible Enforcement of Town Code
Dear Members of the Council,
This past summer the Town of Los Gatos, the Los Gatos Chamber of
Commerce, the Los Gatos Visitors Bureau and the downtown
Business Community joined forces and Second Saturdays was born. The
goal of the program was to stimulate interest in our town and to bring locals
and visitors to Los Gatos to shop, dine and enjoy what we know is the best
place to be. A positive vibe was established and Los Gatos hummed with
excitement. Second Saturdays 2.0 will return this summer along with other
Visitors Bureau programs that will continue building on what was started last
summer.
A major component of Second Saturdays was the flexible enforcement of
existing Town Code, allowing merchants to display their goods outside, to
allow amplified music and additional signage in the downtown, all of which
helped to make the program a success. We thank you for voting in favor of
the original temporary ordinance and urge you to approve the amendment
that Jessica Von Borck will be bringing before you on March 15th that will
extend the flexible code enforcement approach for another 9 months. With
the continuation of our work together, this flexible approach is critical to
continued success and demonstrates the Council's commitment to the good
health and economic vitality of Los Gatos as well as a business friendly
attitude that is so important to our community.
The Visitors Bureau thanks you for your support and consideration. Our goal
is to maintain our partnership with the intention of doing all we can together
to assure the continued vitality of Los Gatos-a goal we know we all share.
Sincerely,
The Los Gatos Visitors Bureau
3-19 ~'. Santa Cruz Avenue, Los Gatos, CA 9j030 =108.3j-1.9300
ATTACHMENT 4
By email
February 26, 2010
Los Gatos Town Council
c/o Jessica von Borck
Economic Vitality Manager
To the Town Council,
Fleming Jenkins wholeheartedly supports the proposal for atwelve-month
extension of the temporary ordinance that allows flexible enforcement of certain
Town regulations.
Given the current economic downturn, none of which can be attributed to our
residents or local businesses but which affects us all, we appreciate all the
support the Town Council can provide to the Visitors Bureau for its proposed
upcoming events, including Second Saturdays, and new plans in the
development stage.
We've noticed the aggressive marketing effort in effect in nearby communities,
Campbell and Palo Alto for instance, and in other local retail destinations like
Santana Row. We want Los Gatos to maintain its place as a very desirable place
to visit and believe this requires apro-active approach now and in the future.
We're proud to call Los Gatos home, yet we're mindful of the high cost of doing
business at our downtown Los Gatos tasting room location. Fleming Jenkins will
continue to support the outreach programs that promote our town and bring
people to Los Gatos while maintaining our small town character.
We hope the extension of the temporary ordinance will receive favorable
consideration by the Town Council.
Thank you.
Sincerely,
Greg and Peggy Jenkins
Fleming Jenkins Vineyards & Winery
45 W. Main Street
Los Gatos, CA 95030