01 Attachment 7 - Ordinance and Policy Priorities.2021 Page 1 of 4
TOWN OF LOS GATOS
OFFICE OF THE TOWN ATTORNEY
MEMORANDUM
To: Mayor & Council
From: Robert Schultz, Town Attorney
Date: January 21, 2021
Subject: Ordinance and Policy Priorities for the January 26, 2021 Priority Setting
Study Session
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The Town Attorney’s Office is continually evaluating the Municipal Code for needed updates
and provides this Memorandum to assist the Town Council in its Priority Setting Study Session.
The list is in order of recommended priority. However, please realize that although these
ordinances are in recommended priority, many issues may arise during the year that can alter these
priorities.
1. Face Covering Ordinance
The health and safety of the public has been the Town’s highest priority during the COVID-
19 pandemic. In response to the crisis, the Town has followed all guidance, requirements,
and protocols issued by the State of California and County of Santa Clara through their
public health orders. A significant part of the Town’s response has been to educate and
encourage individuals and employees of local businesses to adhere to the requirement to use
face coverings outside of the home when it is not possible to maintain a safe physical
distance to prevent the spread of the COVID-19 virus. Examples include frequent
information on this topic in the Town’s news bulletins, on the Town’s web site and on social
media, as well as authorizing additional signage to be posted in multiple locations
throughout the community.
Notwithstanding these education and communication efforts, the Town continues to receive
complaints that some members of the public are not wearing face coverings when required
by the public health order. Having a civil enforcement tool available whereby fines could be
assessed using the provisions of Administrative Fines of the Los Gatos Town Municipal
Code should encourage compliance with wearing face coverings in accordance with the
Santa Clara County Health Orders and the California Department of Public Health Order.
2. Public Art Ordinance
Many municipalities in California have adopted ordinances requiring private sector
development projects contribute to local art installations and programs. In 2016, the Town
Council approved the Arts and Culture Commission’s strategic plan, which identified public
art, funding, and community engagement as its three major goals. In 2018, the Town Council
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directed staff to obtain further information regarding Public Art Ordinances and in response,
hired Keyser Marston Associates to prepare an analysis on Private Sector Arts Contribution
Programs. In 2019 after presenting the findings in the Keyser Marston report, the Town
Council direct the preparation of a Public Art Ordinance. The draft ordinance has been
prepared and is ready to be presented to Town Council.
3. Amendments to Tree Protection Ordinance
The Town’s Tree Protection Ordinance was adopted in 2015. During amendments to our code
related to fire protection, issues were raised regarding fines and penalties associated with
illegal trimming and removal of trees. Code amendments are necessary to strengthening code
enforcement and increase civil penalties for illegal tree removal or damage.
4. Gender Neutralization of the Town Code
As the Town works to create more inclusive environments for both staff and citizens, Gender
Neutralization of the Code is an important milestone in the process, and one that has become
a priority for many municipalities. The older language within our Code that contains
increasingly obsolete gender-specific terms such as “she”, “he”, “chairman”, “policeman”
and other gender-specific terminology that is not considered inclusive in today’s non-gender
specific world.
5. Amendments to Solid Waste Ordinance
The State of California adopted Senate Bill 1383. This bill requires organic waste in California
landfills to be reduced 50 percent from 2014 levels by 2020 and 75 percent by 2025. It also
requires that by 2025 at least 20 percent of edible food currently sent to landfills be recovered
for human consumption. The bill requires the Town to adopt enforceable ordinances to ensure
that all residential and commercial generators are compliant.
6. Campaign Financing and Reporting Ordinance
The State of California adopted Assembly Bill (AB) 571. This bill recognizes that not all
California cities and counties have set contribution limits for their elected candidates. This
legislation applies contribution limits, set originally for State candidates, to city and county
candidates in jurisdictions that have not set their own limits. The State legislation does not
preclude the Town from setting its own limits (higher or lower) now or in the future. It simply
applies the State candidate limits to cities and counties that have no adopted campaign
contribution limits. The Council needs to decide whether to do nothing and have the State
campaign limits apply to Town Council or return with an ordinance or resolution to set
different campaign contribution limits from the States for Town races.
7. Commercial Cannabis Operations and Facilities Ordinance
Los Gatos Town Code currently prohibits all medical marijuana operations and distribution
facilities throughout the Town. With recent State law changes, cities and counties across
California are exploring these new regulations and the fiscal tax impact of allowing
Commercial Cannabis Operations and facilities. The tax rates adopted by the voters in other
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jurisdictions range from 2.5% to 10% and preliminary estimates for the Town is between
several hundred thousand dollars to $1.5 million annually additional revenue. The analysis
and review of these issues is consistent with council priority of Prudent Financial
Management.
8. Public Nuisance /Blight/Administrative Abatement Hearing Ordinance
The Town does not have a comprehensive Public Nuisance Ordinance related to the
identification, definition, and enforcement of nuisances. Such an Ordinance would make
identification of violations easier for residents and businesses to understand and thereby
comply with, as well as to assist the Town in enforcing the Code and providing due process.
The Nuisance Ordinance would provide a just, equitable, and practicable method for
preventing, discouraging, and/or abating certain conditions which endanger the life, limb,
health, property, safety, or welfare of the general public. Currently, the Administrative
Abatement of Violations section of our Town Code is antiquated and needs to be updated to
allow for the enforcement of Code violations through administrative hearings effectively
applied and administered in a fair, expedient, and cost-efficient manner.
9. Mills Act Ordinance
The Mills Act grants local governments the authority to establish, administer, and implement
Mills Act Historic Preservation Tax Relief Programs (Mills Act programs). Cities and
counties with Mills Act programs can enter into contracts with owners of qualified historic
properties who actively participate in the preservation, restoration, and maintenance of their
historic properties while potentially receiving property tax relief. Property owners must use
any tax savings to extend the life of the structure(s) and protect the historic and aesthetic value
of the property.
The potential drafting of a Mills Act Ordinance was considered by the Town Council in
September 2019. Due to FPPC conflict of interest laws, only three Council members
participated in the hearing. At the hearing, a Motion passed 2-1 to continue this item to a
future Council meeting and directed staff to start conversations with partner agencies and
provide examples of Mills Act Ordinances from surrounding jurisdictions.
10. Amendments to Sign Ordinance
The Town’s Sign Ordinance was adopted in 1976 and was last updated and amended in 1992.
Based upon issues that have arisen during elections, my office conducted research regarding
political sign and has determined based the US Supreme Court’s decision in Reed v Town of
Gilbert, 576 U.S. 155 (2015), that our current Sign Code appears to have aspects and sections
that are no longer constitutional.
11. Shared Mobility Device Ordinance
The Town does not have a Shared Mobility Device Ordinance. Shared mobility devices, such
as electric scooters (e.g., Bird, Lime-S) and bikes (e.g. LimeBike, JUMP, Mobike, Spin), have
surged locally and in cities throughout the United States. These mobility devices can be rented
by the public via a smartphone application that unlocks the motorized devices from any
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location and lets the user park it when the rider arrives at their chosen destination. These
mobility devices are highly visible, drawing considerable attention and controversy when they
arrive in any area. They have raised significant community concerns about safety and
enforcement, including concerns about users riding on the sidewalk, doubling up on scooters,
users failing to observe traffic controls in violation of the California Vehicle Code and other
unsafe or uncivil rider behaviors. The devices have also posed new challenges in managing
the safe public use of the street and sidewalks. The Town should adopt an ordinance regulating
shared mobility service in the Town that would include permitting requirements and an
operational framework.
12. Noise Ordinance
The Town’s Noise Ordinance was adopted in 1991. With the changes to the Town’s
Entertainment Policy, the Town needs to analyze and determine whether the noise levels set
forth in the Noise Ordinance adequately protect the residents of Los Gatos from unnecessary,
excessive, and disturbing noise and vibration.
13. Wireless Facilities Ordinance
The Town’s current Wireless Facilities Ordinance was adopted in 2003 to conform to the 1996
Telecommunications Act and is now outdated based on the ongoing changes to State and
Federal legislation and leaves the Town unprepared for the scale of expansion that is on the
horizon. Our current Ordinance only deals with the collocation of wireless facilities on
existing utility poles. Various wireless facility companies are now proposing installations in
the public right of way. Such installations could be on existing Town-owned structures, such
as streetlight poles, or could involve the companies putting in their own new poles. The Town
needs to update its wireless telecommunications ordinance to address the current status of
Federal and State law as well as to reflect best practices in siting and design standards to
preserve the aesthetics of the Town but to also facilitate providing competitive, varied, and
high-quality wireless communications service infrastructure.
14. Claims/Settlement Authority Ordinance
The Town’s current Claims Ordinance has not been updated since 2003. With the passage of
time, certain provisions have become outdated and other provisions have not historically been
followed. This proposed update to the Ordinance would conform to current practice and
update current settlement limits to allow for more expeditious settlement of claims and
disposition of workers compensation claims.
RWS