06 Staff Report - Granting Enforcement Flexibility During Periods of National, Regional, and Local Economic Adversity~pW N 0
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COUNCIL AGENDA REPORT
DATE: SEPTEMBER 8, 2009
MEETING DATE: 9/8/2009
ITEM NO: 6
DESK ITEM
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER V
ORRY P. KORB, TOWN ATTORNEY
SUBJECT: INTRODUCTION OF AN 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 FLEXIBILTY DURING RECOGNIZED
PERIODS OF NATIONAL, REGIONAL, AND LOCAL ECONOMIC
ADVERSITY
In light of comments received regarding the proposed ordinance amending subsection (1)
of section 2.30.295 of the Town Code, the Town Attorney prepared the attached
alternative ordinance for Council's consideration. Instead of amending the existing
language of the Town Code, this simplified ordinance would grant the Town Manager the
same discretion regarding enforcement of Town Code provisions regarding outdoor
displays, amplification of music, and signage for a period not to exceed six (6) months
from its effective date.
Attachment: Alternative Ordinance Granting the Town Manager Temporary Discretion
Regarding Enforcement of Business Related Provisions of the Town Code
PREPARED BY: ORRY P. KORB
Town Attorney
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Reviewed by: Assistant Town Manager Town Attorney Finance
Community Development
ORDINANCE
. ORDINANCE OF THE TOWN OF LOS GATOS
GRANTING THE TOWN MANAGER TEMPORARY DISCRETION REGARDING
ENFORCEMENT OF BUSINESS RELATED PROVISIONS OF THE TOWN CODE
WHEREAS, the Town Manager's Powers and Duties found in Los Gatos Town Code
section §2.30.295 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 §29.50.025, outdoor entertainment, including amplification of
music §29.20.185(2)c, and signage §29.10.105, §29.10.115(1), §29.10.120(4), §29.10.125, as
they specifically relate to businesses; and
WHEREAS, the current economic recession has adversely impacted the Town's
business community evidenced by an increase in the number of retail vacancies and drop in sales
tax revenue; and
WHEREAS, 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
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 six (6) 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 §§29.50.020, and 29.50.025, entertainment, including amplification
of music §29.20.185(2)c, and signage §29.10.105, §29.10.115(1), §29.10.120(4), §29.10.125.
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SECTION II.
The provisions of this ordinance shall not be codified and shall terminate six (6) 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 and effect.
SECTION IV.
This Ordinance takes effect 30 days after the date it is adopted.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2009, and adopted by the following vote as and Ordinance of the
Town of Los Gatos at a regular meeting of the Town Council on , 2009.
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
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