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4 - General Powers and Duties of Town Manager during Economic Adversity~pW N OF . AIII/ . ~ - ~ ~, ~,. •.~ 1 fit- ~+fi~, ~°~~''~'- S COUNCIL AGENDA REPORT OS GASO DATE: TO: FROM: SUBJECT MEETING DATE: ITEM NO: March 11, 2010 MAYOR AND TOWN COUNCIL GREG CARSON, TOWN MANAGER ~~ INTRODUCE A TEMPORARY 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 FLEXIBILITY DURING RECOGNIZED PERIODS OF NATIONAL, REGIONAL, AND LOCAL ECONOMIC ADVERSITY. RECOMMENDATION: Introduce a temporary 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 flexibility during recognized periods of national, regional, and local economic adversity. BACKGROUND: In 2009, the economic downturn adversely impacted the Town's business community evidenced by an increase in the number of retail vacancies and a decrease in sales tax revenue. In response, on September 8, 2009, the Town Council approved a temporary ordinance amendment to Section 29.30.295(1) regarding the general powers and duties of the Town Manager as they relate to the enforcement of the Town Code (Attachment 1). The temporary ordinance allowed for flexible enforcement of marketing and general operating techniques that were otherwise restricted and/or prohibited including: 1) outdoor display of goods; 2) amplification of music; and 3) signage. The temporary ordinance expires on April 8, 2010. PREPARED BY: Jessica von Borck, Economic Vitality Manager }~'J N:`~MGR`AdminworkFiles~2010 Council Reports\Economic Stimulus Ordinance EXTENSION.doc ~f ~/ Reviewed by: Assistant Town Manager ~I'own Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCTION OF ORDINANCE AMENDMENDING SECTION 2.30.29(1) March 11, 2010 DISCUSSION: Adverse economic conditions continue to challenge local businesses in the Downtown and tluoughout the Town's Neighborhood Commercial centers. Although vacancies in the Downtown core are declining, sales continue to be below pre-recession levels and existing businesses are challenged by the weak economy. In addition, national and regional economic forecasts predict a continued slow recovery. Program Feedback In 2009, Economic Vitality staff in partnership with the Chamber developed a pilot program focused on attracting shoppers to the Downtown and tluoughout the Town's Neighborhood Centers (2"`~ Saturdays). The Town Council adopted a temporary ordinance relaying enforcement on signage, amplification of music and outdoor displays to further support businesses participating in the pilot program. To measure the success of the temporary ordinance, a survey was sent to retailers/restaurants/service businesses that participated in the 2"`~ Satiu~da~~ events. The purpose was to gauge the importance and the effectiveness of both the program and the temporary ordinance. Results showed that 71 % of respondents found that the temporary ordinance was a critical aspect of the program and contributed to its success. 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. In addition, to date, staff has not received any complaints or negative feedback in regard to the Town's flexible approach to code enforcement. Proposed Progrcnnming To continue to address economic challenges locally and support the business community, the Town's Economic Vitality office will again partner with the Chamber of Commerce Visitor's Bureau to co-sponsor a series of events designed to encourage residents to shop locally as well as to entice regional shoppers to visit Los Gatos establishments. The proposed work plan consists of three major programs including another 2"`t Saturd~iv program plamled for the summer months of June through August. Because the temporary ordinance expires on April 8 and was a critical aspect of the program, staff is recommending that the Town extend the temporary ordinance for another nine months to minor the duration of the Economic Vitality and the Visitor's Bureau work plan for 2010. This is consistent with the Town's commitment to support the Los Gatos' business community. Busit7ess Outreach In 2009 as part of the pilot program, the Chamber distributed information about the temporary ordinance to all of its members on a regular basis. hl addition, Town staff distributed infot-~nation to property managers/owners of the Town's Neighborhood Commercial centers (Attaclnnent 2) and individually contacted business owners PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCTION OF ORDINANCE AMENDMENDING SECTION 2.30.295(1) March 11, 2010 downtown. Town staff and the Chamber will continue with this method of outreach if the temporary ordinance is extended. CONCLUSION: The proposed extension to the temporary ordinance (Attaclnnent 3) will enable the Town Manager tinder his defined powers and duties to detei7nine 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 in parking lots, and the use of a variety of signage will fiu-ther enhance events that promote local businesses during times of economic hardship. The extension of the temporary ordinance will support the Economic Vitality /Visitor's Bureau work plan for 2010. Attachment 4 includes letters from the business community and Chamber of Commerce supporting the ordinance extension. 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. Attachments: 1. September 8, 2010 temporary ordinance 2. Business outreach flyer 3. Temporary ordinance extension 4. Support letters from business community ORllINANCE 2177 ORDINANCE OF THI; 'T'OWN OT LOS GATOS G~IZANTING THE TOWN MANAGER 'ih,M1'OIZAlt~' ll1SCIZETION REGARDING ENFORCEMENT OF BUSINESS 12ELATEll YlZOVISIONS OF THE `l OWN CODE WHEREAS, the "I"own Manager's Powers and Duties found in Los Gatos `Down Code section §2.30.295 require efrcient administration of enforcement of any laws and ordinances of the Town; and WHEREAS, the Town Manager enforces provisions of the Town Codc regarding outdoor display 529.50.020 and §29.50.025, outdoor entertainment, including amplification of music §29.20.185(2)c, and signagc 529.10.1OS, §29.10.115(1), §29.10.120(4), §29.1.0.1.25, as they specifically relate to businesses; and WHEREAS, the current economic recession has adversely impacted the Town's business comnnulit}~ evidenced b}~ an increase in the number of retail vacancies and drop in sales tax revenue; and ~~'IIERI+,AS, flexibility of enforcement of business related provisions oC the "Town Code will enable stall to react to changing economic conditions and support the business community by allowing marketing practices that would other~~~ise be prohibited; and WEIERF.AS, granting the Town Manager temporary discretion in the enforcement of the aforementioned provisions of the `T'own Codc would allow staff to more efficiently address the current period of economic adversity and potentially lessen its impact on the business community. '.Ci:IE TOWN COUNCH~ OF `I'HL 'TOWN OF LOS CATOS ORDAINS AS 1~ OLLOWS: SLC"1'lON 1. Not~vithstancling subsection (1) of section 2.30.295 of the Los Gatos (Town Cocic, ()or a period not to exceed six (6) months 1i-om the ellective date of this ordinance, the Town Manager may exercise discretion regarding the enforcement of certain provisions of t11c ~hown Code specifically: outdoor display 5529.50.020, and 29.50.025, entertainment, including amplification oP music 529.20.185(2)c, and signage 529. l 0.1 OS, 529.10.1 1 S(1), 529.10.120(4), §29.10.125. ATTACHMENT I SECTION II. '1 he provisions of this ordinance shall not be codified and shall terminate sip (6) months li•om its elTective 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 lull force and effect. SMrI'ION IV. This Ordinance tatces effect 30 days after the date it is adopted. This Ordinance was introduced at a regular meeting of the "fown Council of the "fown of Los Gatos on September 8, 2009, and adopted by the following vote as and Ordinance of the Town of Los Gatos at a regular meeting of the `f own Council on September 21, 2009. COUNCIL. MLMMIZS: AYES: Diane McNutt, .Ioe Pirynski, Sicvc Rice; Barbara Spector, and Mayor Mike \~~asserman NAYS: ABSENT: AI3 S"FAIN SIGNED: ` j~ ~ ~~~ MAYOR OF "1'H> TOWN OF LOS GA"1'OS T,OS GA"1'OS, CALII'ORNIA ~Il~~l. ~~ ERI OF' "1'I~E ~hO\~i~N M~ LOS GA 1'OS LOS GATOS, CALIfOKNIA To celebrate tl~e l~oiida~s awc{ support our busiwesses duriw~ these uwcerta~w ecowowt,ic tiwt.es, tl~e Towv~, is prov~,otiv~,~ a tewtporar~ pro~rawt, that wou~ol ewab~e Los Gatos busiwesses witl~iv~, tl~e powv~,towv~, awc{ Cowt.vu.ercial, pistricts to ewga~e ivy, uv~ictue vttiar~etiw~ practices. see below for c{etail,s! QUESTIONS? CONTACT: Jessica von Borck Economic Vitality Manager Town of Los Gatos 110 E. Main Street Los Gatos. CA 9~ 125 jvonborck@losgatosca.gov 408-399-5790 Y 9 ~; A ~~ ~ y % The program is valid during the remaining 2nd Saturday events: November 14 and December 12, 2009 and during the Holiday Season, on weekends only, beginning Black Friday November 27 ending Sunday December 20th. The following is a list of programmatic elements that will be permitted only on the defined dates listed above: , • Banners, balloons, a-frames, and flags. • Amplified music in locations that have been identified through the 2nd Saturday pilot program. There are siY locations within the Downtown core scheduled from loam-4pm. Neighborhood commercial centers to abide by similar hours. • Outdoor display of merchandise where ample room is provided for pedestrians to safely circulate. ATTACHMENT 2 ORDINA\CE A TEMPORARY ORDNANCE AMENDING SECTION 2.30.29(1) OF THE LOS GATOS TOWN CODE REGARDING THE GENERAL POWERS AND DUTIES OF THE TOWN MANAGER GRANTING ENFORCEMENT FLEYIBILTY DURNG RECOGNIZED PERIODS OF NATIONAL, REGIONAL, AND LOCAL ECONOMIC ADVERSITY. WHEREAS, the Town Manager's Powers and Duties found in Los Gatos Town Code section ~2.30.29~ require efficient administration of enforcement of any laws and ordinances of the Town; and WHEREAS, the Town Manager enforces provisions of the Tovvn Code regarding outdoor display ~29.~0.020 and ~29.~0.02~, outdoor entertainment, including amplification of music X29.20.1 S~(2)c, and signage 529.10.105, X29.10.11 ~(1), 529.10.120(4), X29.10.125, as they specifically relate to businesses; and WHEREAS, the economic recession continues to challenge the Town's business community evidenced by retail vacancies and sales tax revenue at below pre-recession levels; and `VHEREAS, 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 `VHEREAS, 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 TO~`';`i COliNCIL OF THE TOWN OF LOS GATOS ORDAhiS AS FOLLO`VS: SECTION I Notwithstanding subsection (1) of section 2.30.295 of the Los Gatos Town Code, for a period not to exceed nine (9) 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.~0.020, and 29.~0.02~, entertainment, including Pa~Te 1 of ATTACHMENT 3 amplitlcation of music ys29.20.18~(?)c, and si~~na~e ~29.IO.10~, j29.10.11~(1), j29.10.120('I), ~29.10.12~. SECTION I[. The provisions of this ordinance shall clot be codified aild shall terminate aline (9) months ti~om its effective date. SECTION III. [n the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the rcmainin« portions ~~~hich shall remain in full force and effect. SFCTIO~ I~,'. This Ordinance takes effect 30 days after the date it is adopted. This Ordinance was introduced at a re~~ular meetin~~ of the Toti~~n Council of the Town of Los Gatos on . ?010. and adopted b, tl_le follo~~~in~~ vote as and Ordinance of the Town of Los Gatos at a re~,ular meetin<~ of the To~~~n Council on . ?010. COU~CIt. ~IE~IBERS: A~"ES: \:-~YS: :-~BSE\"I~: :-\BS I~.-~1\: SIGHED: til~~.~'OR OF TIE TO~~~\ OF LOS GATOS LOS G:~TOS. CALIFORtiLa ATTEST: CLERK OF THE TO~Vti OF LOS GATOS LOS G:~TOS, C:~LIFOR~ IA \IGR T:~«n ~uurnc~. Cnuncil Rc~~~nt, `)-;~-~l~l EV~ Orclinau~c.~I~~rnuti~~~ ~lnr ~1L'C' ~ Ot ~ Committee Dianne Anderson, Chair Discover Los Gatos Gina Adams TechThree Marketing Scott Anderson Discover Los Gatos Erika Brown Private Mortgage Advisors Mary Lindsay Mun's Vineyards Ronee Nassi Los Gatos Chamber of Commerce Lisa Rhorer Cin-Cln Restaurant Dana Seguin Testarossa Vineyards Susan Stevens Elegant Voyages Marie Tallman Community Volunteer Jessica Von Borck Town of Los Gatos Ch\:tr ~`lOS := f ((x(18 CHA+uBER OF COMMERCE zn~ c`S'atr~r~a s f~iuover tke T aswrns LOS GATOS Los G.~TOS VIS1~rolts Bt-Itr.~r DISC'OI-E!i T//F. TeE.ISCBES... March 10, 2010 Members of the Town Council Los Gatos, CA Re: Extension of Flexible Enforcement of Town Code Dear Members of the Council, This past summer the Town of Los Gatos, the Los Gatos Chamber of Commerce, the Los Gatos Visitors Bureau and the downtown Business Community joined forces and Second Saturdays was born. The goal of the program was to stimulate interest in our town and to bring locals and visitors to Los Gatos to shop, dine and enjoy what we know is the best place to be. A positive vibe was established and Los Gatos hummed with excitement. Second Saturdays 2.0 will return this summer along with other Visitors Bureau programs that will continue building on what was started last summer. A major component of Second Saturdays was the flexible enforcement of existing Town Code, allowing merchants to display their goods outside, to allow amplified music and additional signage in the downtown, all of which helped to make the program a success. We thank you for voting in favor of the original temporary ordinance and urge you to approve the amendment that Jessica Von Borck will be bringing before you on March 15th that will extend the flexible code enforcement approach for another 9 months. With the continuation of our work together, this flexible approach is critical to continued success and demonstrates the Council's commitment to the good health and economic vitality of Los Gatos as well as a business friendly attitude that is so important to our community. The Visitors Bureau thanks you for your support and consideration. Our goal is to maintain our partnership with the intention of doing all we can together to assure the continued vitality of Los Gatos-a goal we know we all share. Sincerely, The Los Gatos Visitors Bureau 3-19 ~'. Santa Cruz Avenue, Los Gatos, CA 9j030 =108.3j-1.9300 ATTACHMENT 4 By email February 26, 2010 Los Gatos Town Council c/o Jessica von Borck Economic Vitality Manager To the Town Council, Fleming Jenkins wholeheartedly supports the proposal for atwelve-month extension of the temporary ordinance that allows flexible enforcement of certain Town regulations. Given the current economic downturn, none of which can be attributed to our residents or local businesses but which affects us all, we appreciate all the support the Town Council can provide to the Visitors Bureau for its proposed upcoming events, including Second Saturdays, and new plans in the development stage. We've noticed the aggressive marketing effort in effect in nearby communities, Campbell and Palo Alto for instance, and in other local retail destinations like Santana Row. We want Los Gatos to maintain its place as a very desirable place to visit and believe this requires apro-active approach now and in the future. We're proud to call Los Gatos home, yet we're mindful of the high cost of doing business at our downtown Los Gatos tasting room location. Fleming Jenkins will continue to support the outreach programs that promote our town and bring people to Los Gatos while maintaining our small town character. We hope the extension of the temporary ordinance will receive favorable consideration by the Town Council. Thank you. Sincerely, Greg and Peggy Jenkins Fleming Jenkins Vineyards & Winery 45 W. Main Street Los Gatos, CA 95030