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TOWN OF LOS GATOS
OFFICE OF THE TOWN ATTORNEY
MEMORANDUM
To: Mayor & Council
From: Robert Schultz, Town Attorney
Date: December 5, 2017
Subject: Ordinance and Policy Priorities for the December 12, 2018
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. Wireless Facilities Ordinance
The wireless telecommunications industry is expanding as citizens’ demand more bandwidth
for the data they consume. The Federal and State governments are passing laws to help facilitate
expansion of wireless infrastructure. Companies such as Mobilite, Crown Castle, and Zayo are
wireless infrastructure providers, which build large and small cell facilities to provide wireless
connectivity to carriers such as Verizon, Sprint, etc. These infrastructure companies are
approaching the Town of Los Gatos, as well as all other municipalities in the area, to expand
their infrastructure for the purpose of providing cellular connectivity currently as well as to begin
to contemplate the advent of 5G coverage, which requires different equipment than 4G.
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1996 Telecommunications Act and is now outdated based on the ongoing changes to State and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. The above referenced wireless facility companies are now proposing installations
in the public right of way. Such installations could be on existing Town-owned structures, such
as street light 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.
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2. Public Nuisance Ordinance/Administrative Abatement Hearing
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.
3. Short Term Rental Ordinance
The Town currently does not have any regulations for short term vacation rental properties.
Since the Town does not have any regulations, it has prohibited the rental of property for less
than 30 days. The Town needs to study and analyze the impacts of short term vacation rentals on
residential neighborhoods, the overall cost and availability of housing in the Town, and the
revenue that could be generated by short term vacation rentals. After studying the issue and
receiving input from the public, the Council would determine whether to allow or prohibit short
term vacation rentals. I f allowed, staff would draft regulations that define Vacation Rentals as
distinct from other rental types, make clear where Vacation Rentals may be allowed, limit the
number of Vacation Rentals in neighborhoods where they may be allowed, establish
application/licensing/fee structure requirements and operating standards for Vacation Rentals,
and define and establish operating standards for Home Stays in all residential districts. If they
are to be prohibited, then language should be adopted in the Town Code specifically prohibiting
short term vacation rentals. This was one of the revenue generating ideas that received at least
three votes of the Town Council in the Fall of 2015.
4. Purchasing Policy and Procedures Manual
The Town Ordinance refers to the Purchasing Manual as the instrument used to administer
the purchasing rules. The ordinance further stipulates that no amendments of the purchasing
manual be made without Town Council approval. The Purchasing Manual was last updated in
2008. In 2015, staff began to look at ways to improve and streamline the purchasing process and
procedures. Staff believes that some revisions to the Purchasing Policy and Administrative
Procedures Manual are necessary to reflect modern best procurement practices, improve
accountability, clarify and establish procurement policy, and implement changes in the law since
the adoption of the last Purchasing Ordinance. A draft of the Purchasing Policy and
Administrative Procedures Manual would be completed and presented at a future Council Policy
Committee meeting for recommendations to the Town Council.
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5. Appeal Process Ordinance
Based upon the number of recent appeals, the Planning Commission and Town Council
should review, analyze, and potentially amend the appeals process. The Code changes could
implement administrative processes and procedures that clarify who may file, the issues to be
determined by Council on appeal, and the issues to be determined by Planning Commission if
remanded back to the Planning Commission.
5. 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 would conform the Ordinance to current practice, and update
current settlement limits to allow for more expeditious settlement of claims and disposition of
workers compensation claims.
6. Animal Ordinance
The Town’s Animal Control Ordinance was adopted in 1971 and is very limited compared to
other municipalities. As a result, the Town’s ordinance provides very little assistance in
enforcing animal issues. For example, the definitions of a dangerous or potentially dangerous
dog do not align with the definitions under State law and there is only an administrative
procedure related to a post-seizure hearing. Therefore, in order to declare a dog potentially
dangerous or dangerous in the absence of it being impounded, the Town’s only recourse is to file
a court action. The Town’s Animal Control Ordinance also does not address barking dogs.
Although our Noise Ordinance addresses barking dogs, the Animal Control Ordinance should be
amended to reflect and address this issue. Furthermore, the Town’s Animal Control Ordinance
also does not address the feeding of feral or wild animals on private property. This can be a
health and safety issue as it draws nuisance animals to the property and impacts neighbors. The
Animal Control Ordinance should be amended to reflect and address this issue. The Town’s
Animal Control Ordinance also needs to be updated regarding beekeeping and livestock raising,
to reflect current issues that have been brought to the Town’s attention by affected residents.
7. Weed Abatement Ordinance
The Town’s Weed Abatement Ordinance was adopted in 1968 and establishes a program and
procedure to maintain weeds in an effort to eliminate hazardous conditions. The Town should
update the Ordinance to expand the definition of weeds to include other dead vegetation, fallen
limbs, and combustible trash on this parcel and add additional language to clarify and strengthen
the Town’s weed abatement program. Additionally, ordinance amendments would help property
owners to understand their responsibilities in property maintenance.
8. Drone Ordinance
The Town does not have a Drone Ordinance. The issue of drones and Radio Controlled (RC)
aircraft, otherwise referred to as unmanned aerial systems (UAS) is a growing concern for towns
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and cities with multiple incidents of interference with firefighting, other aircraft, and accidents.
Towns/cities are attempting to address the dramatic increase in recreational UAS with various
types of regulations and are beginning to enact regulations that supplement and/or codify federal
law. The major challenge in drafting these ordinances is the federal pre-emption of this issue but
a Drone Ordinance could regulate the following issues for the Town: 1) Protection of persons
and property in the jurisdiction; 2) Aviation safety, including a specific prohibition against
careless and reckless operations that endanger life or property; 3) Designated take-off and
landing zones for UAS within the Town limits; 4) Identification of critical infrastructure within
the Town limits, or immediately adjacent to its boundaries, with appropriate rules for operation
of UAS in proximity to that infrastructure; and 5) Permissible hours of operation.
9. 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.
10. Motor Vehicle and Traffic Ordinance
In the course of defending a traffic ticket appeal, it was revealed that there are some
necessary changes to the Motor Vehicles and Traffic section of the Code, Chapter 15.
Specifically, Chapter 15 was adopted in 1968 and requires the Chief of Police to approve any
street sign before obedience to same can be required. This section controverts the common sense
requirement that street sign approval is the province of the Town Engineer; however it gives
credence to challenges by litigious individuals. The rest of this Code section would also be
reviewed for other needed changes.
RWS