5 - Town Manger Powers and Duties during Economic Adversity.~owN o,~ MEETING DATE: 4-5-2010
_ ITEM NO: ~
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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
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