06 Staff Report - Enforcement Flexibility During National, Regional, and Local Economic Adversity~pYl H 11~
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DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
AUGUST 31, 2009
MEETING DATE: 9/8/2009
ITEM NO:
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
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.
RECOMMENDATION:
1. Accept public testimony on proposed ordinance.
2. Direct Clerk to read title of proposed ordinance.
3. Motion and vote to waive reading of text.
4. Motion to introduce ordinance.
5. Direct Clerk Administrator to publish notice.
BACKGROUND:
Section 29.30.295(1) regarding the general powers and duties of the Town Manager calls
for the efficient administration of all of the affairs of the Town. As the administrative
head, the Manager has the duty to see that the Town Code is duly enforced. Some of the
codes enforced by the Town Manager relate to how businesses can operate, namely: 1)
outdoor display of goods; 2) amplification of music; and 3) signage. Flexibility in
enforcement of these Codes will enable staff to support the business community allowing
marketing practices that would otherwise be prohibited. Therefore, staff is proposing an
amendment to Section 29.30.295(1) to grant enforcement flexibility to the Town
Manager in times of economic hardship.
PREPARED BY: J SSICA VON BORCK
Economic Vitality Manager
JvB:pg
N:WGR\AdcuinWorkFi1cs\2009 Council ReportsTconamic Stimulus Ordinance.doc
Reviewed by: bAssistant Town Manager Town Attorney Finance
Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE AMENDING SECTION 2.3 0.295(l)
AUGUST 31, 2009
DISCUSSION:
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.
These impacts warrant the consideration of a greater level of support for the retail sector,
particularly in the Downtown retail core and within Neighborhood Commercial centers.
To ease the impacts of this economic downturn, the Town partnered with local businesses
and the Chamber of Commerce to sponsor a pilot program known as 2"`d Saturdays. The
program was designed to encourage residents to shop local as well as to entice regional
shoppers to visit Los Gatos establishments. Overall, the program was effective in
bringing customers to the Town and businesses reported an increase in sales and overall
activity. One of the tools identified by the businesses and the Chamber as contributing to
the success of the program was the Town's flexible approach to code enforcement
regarding: 1) amplification of music; 2) outdoor displays; and 3) signage.
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. To date, staff has
not received any complaints or negative feedback in regard to the Town's approach.
Rather than continue to use a flexible approach informally, staff is recommending that the
Town codify the ability to adopt a flexible approach in times of economic hardship.
The proposed ordinance will enable the Town Manager under his defined powers and
duties to determine 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 inparking
lots, and the use of a variety of signage created a festive atmosphere for the 2n. Saturday
events and could further be used to enhance other events that promote local businesses
during times of economic hardship.
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.
Attachment: Ordinance amending Section 2.30.295 regarding power and duties of the
Town Manager
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 2.30.295 OF THE LOS GATOS TOWN CODE REGARDING
POWERS AND DUTIES OF THE TOWN MANAGER
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, amending Town Code §2.30.295 to support enforcement flexibility for the Town
Manager of the prescribed ordinances would allow staff to efficiently respond to times of economic
adversity and potentially lessen the impact on the business community.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:
SECTION 1.
A. Town Code §2.30.295 is amended to read as follows:
Powers and duties--Generally.
(1) Law enforcement. To see that this Code and any other laws and ordinances of the Town are
duly enforced, and that all franchises, permits and privileges granted by the Town are faithfully
observed, and to report to the Town Council any violations thereof. For reasonably limited spans of
time during recognized periods of local, regional, and/or national economic adversity negatively
impacting business conditions in the Town, the Town Manager may exercise discretion regarding the
enforcement of certain provisions of the Town Code specifically: outdoor display §§29.50.020, and
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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.
SECTION II.
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 III.
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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