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03 Staff Report - Enforcement of Business Related Provisions of Town CodetpW N 0,c tosAas COUNCIL AGENDA REPORT DATE: September 15, 2009 TO: MAYOR AND TOWN COUNCIL MEETING DATE: 9121/09 ITEM NO: FROM: ORRY P. KORB, TOWN ATTORNEYO SUBJECT: ADOPT ORDINANCE GRANTING TOWN MANAGER TEMPORARY DISCRETION REGARDING ENFORCEMENT OF BUSINESS RELATED PROVISIONS OF THE TOWN CODE RECOMMENDATION: Adopt ordinance granting "Town Manager temporary discretion regarding enforcement of business related provisions of the Town Code. BACKGROUND: On September 8, 2009, Council voted to introduce an ordinance granting the Town Manager special temporary discretion regarding enforcement of provisions of the Town Code regulating outdoor displays, outdoor entertaim-nent, including amplified music, and signage. Adoption of the attachcd ordinance will finalize action on the ordinance, which would become effective 30 days after adoption. A ita-l-hnw-rnt Ordinance introduced by Council on September 8, 2009. PREPARED BY: ORRY P. KORB, Town Attorney Reviewed by. 01 sit Town Manager Community Development Clerk Administrator Finance 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. Page 1 of 2 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 12009. 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 N:WGR1Town AttorneylCoancil Reportsl9-8-09 EV Ordinance Alternative.doc Page 2 of 2