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Attachment 09
AN F _JAW A PROFESSIONAL CORPORATION June 14, 2017 Robert Schultz, Esq. Town of Los Gatos Attorney Civic Center 11.0 E. Main Street Los Gatos, CA 95031 TO B1 INCLUDFI? 1N -1'HE COUNCII. MIAIBERS PAC.KFT FOR THE MIET ING [ I� une 20. 2017. Re: NUMU Sculpture Garden. Dear Mr. Schultz: JEFFRE:' D. JANOFF, Eq. .-ww_janafflaw,oam 1djalanoftlaw,enm 1i1.wk'Fra'I',j' 1NEr!'.EET. sort£ ioio SA.N IOSF, CA 95313 7 LE }1ONE (408) 286-23o0 FACSIMILE (408) 2136-2303 RECEIVED TOWN OF LOS GATOS JUN 14,2o11 CLERK DEPARTMENT Thank you for the opportunity to clarify the stags of the Sculpture Garden area located adjacent to the Museum. Since negotiations began in 2012 for the conversion of the old library to its new use as a museum (NUMU) the sculpture garden (also referred to as the Sculpture Deck) has always been expressly part of the approved plans. 1 am attaching to this letter documentation evidencing the Town's agreement with NUMU's continued use of the Sculpture Garden area (see below): 7,xh bit A: This document (dated 12/21/12) is entitled "TENTATIVE AGREEMENTS." It was prepared by Town Manager Greg Larson for use in NUMU's lease negotiation with the Town of Los Gatos. It specifically lists "Sculpture Deck — Ai:owed, pay full cost" as an agreed upon item with the Town. (The phrase pay full costs refers to the fact that NUMU will be paying for any improvements to the Sculpture Garden area.) Exhibit !3: This document is an excerpt from the Lease between the Town of Los Gatos and NUMU for the premises consisting of "approximately eleven thousand six hundred and four (11,604) square feet of space for museum exhibits, Town offices, storage, educational lab, kitchen facilities, bathrooms, and a deck." The phrase "and a deck" specifically refers to the Sculpture Garden area. ATTACHMENT 9 Exhibit C: This document is a drawing ot the l rst floor of the rented premises referred to in the lease and was attached to the lease as Exhibit A. It expressly calls out the "(N)Scaalpture Garden" on the drawing in the area adjacent to the north entrance to the Museum. Exhibit 0: This document is a Letter of Justification provided to the Town by NUMU on May 27, 2014 in support of its application for a CUP to operate the Museum in the old library site. Included in this letter is a section entitled Sculpture Garden, which expressly sets forth NUMU's plans to convert this area into "a sculpture garden with no access for the pub: is other than through the museum exhibit areas." exhibit E: This document is an artist rendering of the proposed enclosure of the Sculpture Garden as requested by the Town for the CUP application. Exhibit F: This document is the February 3, 2015 Resolution approving the CUP for NUMU to operate a museum at the old library site. Attached to the Resolution are the CONDITIONS OF APPROVAL, which includes: "9. SCULPTURE GARDEN: A sculpture garden between the west parking lot and the west entrance is permitted. An .Architecture and Site application may be required for an enclosure for the sculpture garden." Exhibit G: This document is the Council Policy Manual for "TOWN FACILITIES USE," Included in this policy are the designated Town facilities, which are listed as the Civic Center Lawn, Civic Center Deck and Stairs, Council Chamber and Lobby, Civic Facilities Conference and Meeting Rooms, and the Town Plaza Park and Oak Meadow Bandstand. The Sculpture Garden area is not listed as a Town Facility. Exhibit H: This document is an excerpt from the Town of Los Gatos General Plan which states under section G: "The Town has committed to protecting and promoting its cultural resources, including ... museums." And Policy HS-14.3 states "Limit the conversion of museums and theaters to non -art related uses." It is our hope that the above documentation will assist the Council in approving NUMU's request for erecting a canopy over part of the Sculpture Garden area in accordance with the Staff report. t OFF LAW ." A Professional ., :• rg ation JEFFREY D. JANOFF, Esq. cc: Lisa Coscino, Executive Director Barney Davidge, President 2IPage ITEM/ISSUE EXHi3IT TEVIATME AGREEMEN TERM (as of 12/21/12) STATUS OPERATIOE L Sponsorship Insurance/Risk Town Use of Confer_nce Room Tenant :mprovernent Approvals Hours of Operation - Public Hours of Operation — Staff Employee Parking Town Use of Arts Lab Signage Retail Space Expansion (if opens) Alcohol Service (as permitted) Special Events Financial Reporting Performance Reporting Civic Center events Art ezzhibits, shows, talks, etc. Term Extension Options Sculpture Deck. Museums Use of Council Chambers Emergency Preparedness Coordination Meetings AICC FINANCIAL Utilities (allocated/estimated) Custodial Tenant Improvement Costs CUP and/or PD Cost Museum T1 Plans & Permits Prior $12k Annual Grant Retain Town HR Space at ARC Ail maintenance (HVAC separate) Lease Basis Lease Rate Lease Rate Growth Lease Rate Recalibration Museum Specific I1VAC Restroom Project Contribution HVAC Project Contribution Council Chambers AV Improvement Parking Lot Contribution Civic Center HVAC Maintenance Civic Center Grounds, Deck Town lead sponsor; no bldg. name TA Town fully indemnified TA Week days 8 to 5 Open Town approves structural; $5k+ TA Closed weekday morn, bus ok TA Done Wed. moms TA Purchase Olive Zone permits TA Book weekdays, as available Open TC Review TA Default 1st position/Full FMV Open Beer and Wine only TA Special Event Permit TA Annual audited statements TA Quarterly report TA Close or participate TA No review/control TA 10 years TA 5 years TA Allowed, pay full cost TA Museum can book at cost TA Participate with Town TA Ouarterly TA Museum rngt. if needed TA Museum pays direct costs Museum pays full cost on own Museum pays a!! CUP split; 34 initiate, 36 end Museum pays all Grant process; Museum applies 0%;'r1;50%yr2;100%yr3 Museum pays Per se ft (less Conf. Rm, Deck) 0% FMV ($2.50 now) 3 yrs 2.596 yr 4, each year to 25% cap Review at 10 years & each option Museum TBD TBD TBD TBD Town Town to Town standards TA TA TA TA TA TA Open TA TA Open Open Open TA Open/pending TC prioritization Open/pending TC prioritisation Open/pending TC prioritization Open/pending TC prioritization TA TA TA = Tentative Agreement Open Negotiations to be completed This Page Intentionally Left Blank 6xH1Sr-13 ('1 k 3ri� ►.bL::�.k'i a� i i. LEASE AGREEMENT quit i a . ! 11 Ri BETWEEN c»D� TOWN OF !.OS GATOS AND LOS GATOS MUSEUM ASSOCIATION TABLE:OF CONTENTS LEASE PROVISIONS YI1. PREMISES. itN.MMwrrrMflS.n .M.i....P.brNMn f..ilell* il/Ye!!wWMNN •...'lfMN NI Yl/..VfNir/af 1 2. T_✓ •. ... ,.,... •ajN...... ui••f•a•••.•Ma..rlw.M••alun..+41w/a.a..M.f1p••..fIRM}.M Me. 1 3. EtYNryr ..aili•..eurimemsatoma.ltwrsa•r•MgwN.a•o ►►•iwru..yrlw•rerer..s6..i....Mu. 2 4. (reserved). •!/r•.... •a•w ••f 3 S• USE OF' IS S and OPERATING UOORS.:Mr. .y.,..N► .,di,•....1f.N... ......' .. ..,.... 3 6.'HAZARDOUS MA �'"ERIALS.....».»• ..u4. •R!..snr.•••••••••••r.w•:e.aa 6 T. UTILITIES AND OPERATING EXPEiS .....•••••••..».»t«....•r.a....,.»• II 8. TAXIS. •.0,....•■..••••00..1...i .....► ..14,.•••iY•aH»l•1.1416wMN•!•••eumi1•.•ii•41••141111fY•1441.• t••6•1•.a••ew g A.NaEryANi 00•M•••••••Ni•N•••••••••••1040...i.lN. i.Mi,•MI.MMIN..MM•M•NM•••W.•'011•••NM.it 10. TENANTTIMPRam�ss©'VEME{�NTSy�...,...J.•..,,.,• •,.•»�»•...............•.•..,�. .»•l., 10 I. ALTERATIONS �E■w:■7S1i �y+i..rrwMyw•a■yr.�wY..r•w■wEA... i••w•....•••e••.••••••••►••••/•••••.••c•irart••raw#s••••:a•. 10* 12. HOLD a 'IA . L IND.EMN1FICA►TI N..............•e•••.M..•N... MNM).••••••i•y•••4•.•ti•f• N! 11 13. DAMAGE, DESTRUCTION AND 3' ' TATION....................•.•... 11 14. SIGNS AND MARKETING. i.•./fl•.•,.!•••w .••.•...•...,e..•.,•••••••••••. i5• ASSIGNMENT AND SUBLETTINGP•P,.,..•!.•„•e• ,..::..:ir..W..../.•r•M• 16 16. DEFAULTS, REMEDIESI..P+.Yw. s,.a.....•...._.W......,.•.••.....,..,_•MM...eaw.••...aW►...•...•r»►.1.•• 16 117. MEREST ON PAST -DUE O3U CATIONS......, •.••..••••a•.,••►.•••.•.1S8 1p1 �H+/OLD�4�'iE-G /Vs OVER.....„ MM• UNIT..w..•.1PMi•...... •...•NMa.Y . Ip0 1■a9.■i 111yrr.a�•Oi�'7'N,�'S ■A�yCCESS...•.s..++•v...•....N•.a.......L•.a•.a.:«u«•..••...... a,....+••«e*+•.i+• 18 9 20. RESERVED.„..........„.... M.h./..►••MR•/•i.••.....e.w•.+}•...•..N .•..•M.e•fN•is..•Y••e•s•fes•Ni •■1 211. IiESER T ErJ•'•..N....,•.... MNNMN............ ..i•Y,.......•.• a 9 22. DISPUTE RESOLUTION. 1.140:.N.r.••.••••.I•.:•.:».►•.. ... 19 23. NON -LIABILITY OF OFFICIALS AND EMPLOYEES OF THE TOWN.-.... - 20 Page i of i� III 24. NON-YISCR 1ilIAllONrt444.44.4•44,4•41.•H.Htl444•i.•••M*4SN..*iM0MwF.••.MH••••••+440.N.HH.I00. 20 7+, INDEPENDENT CONTRACTOR .......... 20 20 26. -CONFLICT OF 21 27. 29. 30. 1 MOk ANDUM OF I.EASE....un.HNHY.N.ii•.H1•..Hn•i.iY.,..•.Y•N...n...p.y.4H..ry 21 ESTOPPELCERTIFICATE{ R..RHi.HYMMFN./.IMNN.i..Y..W}gNN..M .. F..{......Y•.N.. �..+..•.. 2R/ JJ;ENS 4.44•......4/Npi. .pN....•MW{MVYfMMWNN sl0410..r•IiMNN• 10•i.tp.•rNM•.M..i..sNR1Y..e.M••0114mo..Map.•. 21 VACATING. /....... NH....p.R/ s1N...aN•N..M.NNiNi.N..•M11Y..0/N.t.Y/144444,444.404.44.44.4 .1N /.M..R•. 21 31. ABANDONMENT. ..i...4..p•1{..»HN1. wale .N4.N..14.4/4.N.4.M•a 21 32. NOTICES. z2 33, TIME q...ar... 41,44,4::4..44..+w4.404u4N/4414.414444.4I..144w14•sN4.4R444444r.4.4•414144w*•s•w 4 44 ti4.4..tl4414444.40..1l04Y 22 34. AY.1E l'tEN iS...M.i.P.N....n.M•.u.s..MN...MMb....i.IN.N.►4.N......M.iff.0..N. N.... 22 35. SIGNING 22 36. CAPTI01tiiS. Ni«.1•N:.,.. i.. M•ae...RNN.........N...N•nfli..•1.....q.•1.a. l..... a....n..H.M•.... 23 37. SURRENDER OF LEASE NOT MERGER. sHr...N.s.►1.«...4.i.uN..N..}fH.N.H1u.RNp4•.....N.. 23 38. INTEGRATED DOCUMENT.4.11•........1...141a?1.r......10. ..N.. 23 39. WAIVER......H.an........an........n..a.Y....MM.NN.na..4A R.......•.R.akl....nannN.... 1........4.... i . 23 40. INTERPRETATIONS... . . ...N1..NNNa.1Ni.iu.w•N.. .. 41: SEEVERA.BILPI'Y C1w.LAUSE.....s.a.......44•444i.a..ap.N1.. 23 42. GOVERNING f►.a.H..►rrN.N.. I..•N1N. N....•iN•...M•.•N..l...j...M.n...n...nMr.........1a 23 43. VENUE RN•...N....N•laMNN.•WN....•Y..•H•.i.Nn•.••nN 24 44. COMPLIANCE VI A II .• Ssfi►MM..4*.i.441.44.//N.l...i.yY.MertH+•NM1N4N.41a.i.N 45. 46. BROKER.S....... ...W.••....4.i•..1i•.1.NH....... .464.•i.• iM.f.NYN.N 0i.1..00...04.. 24 A1 f 1 CEIMEl l y S TO LEASE. ....../.N.........NN 04•.a....•.4.M►11►N.MR...N ..n1p..NN.../410.0011N1. 24 EXHIBITS A DESCRIPTION OF SUBJECT PREMISES ...•,•.:.•,_ ...Wai...Nn.i1...H.......4.................. 26 B LIST OF IMPROVEMENTS.. ..... w 27 C STANDARD INSURANCE REQUIREMENTS.—..... ... ... ..... N.•....Y....a.NH..• 28 Page ii of ii gif LEASE AG ECM NT BE TW EN TCWN OF LOS CATOS AN LOS GATOS MUSEUM ASS LA 1DN This lease agreement (herein "Lease") is made and entered into this day of , 2013, by and between the Town of Los Gatos, a California municipal corporation (herein "Town") and Los Gatos Museum Association, a California nonprofit corporation (herein "Lessee"). Town and Lessee may be referred to individually as a "Party" or collectively as the -Parties" or the "Parties to this Lease." The Town Manager serves as Contract. Administrator for this Lease on behalf of the Town Council. In consideration of these recitals and the following covenants, terms, and conditions, Lessee and Town mutually agree .as follows: LEASE PRCd7S1ON* r'REiIiS S. Town hereby leases to Lessee. certain real property located in the Town of Los Gatos, County of Santa Clara, State of California, commonly known as 106 East Main Street (herein the "Premises") and more particularly described in Exhibit A attached hereto and incorporated herein by reference, The Premises consists of approximately eleven thousand six hundred and four ( 1,604) square feet of space for museum exhibits, Town offices, storage, educational lab, kitchen facilities, bathrooms. and a deck, Lessee accepts the Premises "as -is" on the date of execution of this Lease. 2. 2,1 Original Tom. he term of this Lease shall be for ten (10) years puss the initial period of Town construction and improvements to the Premises, as set forth in paragraph 2.5. commencing on July 1, 2013 and ending ten (10) yew from the Delivery Date, as defined below ("Term"). Lessee shall, at the expiration of the term of this Lease. or upon its earlier terrniruation, surrender the Premises in as good condition as it is now at the date of this lease. The Parties expect reasonable wear and tear. 2.2 Option to Extend_ Provided Lessee is riot in default hereunder. either at the time of exercise or at the time the extended terms commences. Lessee shall have the option to extend the initial terra of this Lease for two (2) additional periods of rive (5) years each ("Option Periods") with the same terms, covenants and conditions provided herein, except that upon such renewal the Base Rent due hereunder shall be adjusted pursuant to Paragraph 3. Lessee's option shall be exercised by Lessee providing Town with request for an extension in writing no less than sixty (60) days prior to the expiration of the then current term. 1 Rer..tune 2013 This Page Intentionally Left Blank wre_ 110,11, r At Pk 1p.w. 1;4 This Page Intentionally Left Blank UTTER OF IUSTIFICATlON/WRITx'EN DESCRIPTION OF PROPOSED PRQJE1T To: Town of Los Gatos -Community Development Department Re: Museums of Los Gatos - Occupancy of Los Gatos Former Library Building Date: May 27, 2014 Geperal De r 1ption, The Museums of Los Gatos (Museum) intends to lease from the Town of Los Gatos the former library located at 110 East Main Street. The Museums will occupy significant portions of the upstairs and downstairs of the former library located at 110 East Math Street Significant floor space in both the ground floor and downstairs will be occupied by the Museum. The facility will replace the present museum locations at 75 Church Street and 4 Tait Avenue, The Museum intends to utilize the space to expand its offerings to the community in both History and Art exhibits, educational programs and related cultural activities and events. The space will also be utilized to accommodate the staff of the Museum from both the prior History and Art locations and house the permanent History collection. Activities & Operatiolis, Immediately upon the relocation to the new space, the Museum intends to provide public access to the facilities Wednesday thru Sunday 11;00 am to 5:00 with extended hours selected weeknights and weekends for special events, receptions and committee meetings. Following the planned expansion of exhibits and rotational exhibit spaces the Museum anticipates opening Mondays and Tuesdays, 11:00 am to 5:00 pm. Museum staff will maintain standard office hours 9:00 am to 5:00 pm however during exhibit preparations, receptions and similar activities there will be the requirement for their presence at later hours. At peak times the Museum would anticipate a maximum ofeight staff members present There will also be the requirement from time to time for delivery vehicles to have access to the western door by the side parking lot Museum committee meeting with consist of Board members, volunteers and staff. Schedules for these meetings, mostly monthly, range between daytime and evening times, during weekdays. The size of museum committees varies between five and. 1 YY,iT1 Executive Board meetings are held monthly and are almost always convened at night or off site. Staffing, The current headcount of paid staff is seven with one consultant. This present headcount includes three fulltime and four part time members. It is anticipated that there will be an increase in staffing when operations relocate. In addition to paid staff there are college and high school interns assisting in a multitude of museum projects on site and volunteers attending committees and as docents for exhibits and receptions. Special events, It is anticipated that the Museum will apply for special event permits for cultural activities that extend beyond the building perimeter and include the civic plaza and front lawn. The museum understands and will comply with the pre-existing special event permit process. The Museum does not intend to offer alcohol other than wine at receptions within the premises. Each exhibit art/history will continue to incorporate an opening reception and other special activities during the duration of each exhibit. In some cases this may include demonstrations, artists talks or interviews, music, or performances. Most special events are held in the weekday evenings or weekends. Past experience indicates that attendance can vary from 50 to 200 people. In the larger facility the Museum will expect increased numbers for special events in the range of 75 to 350 attendees. An important part of the museums charter continues to be education, which takes various forms. The children's Explorer program, offered to school grades K - 8, is offered to schools through out the South Bay. In many instances this does require busing in of students. The museum will approach the logistics of the busing in a similar fashion to the present process either by circling the buses or parking off premises. Other educational programs include Art & History lecture series, the Countywide High School program. The museum is including in its space planning an educational lab to be used for the Explorer program and events such as family Art day and life drawing classes. Exhibit openings, fundraisers, private art/history receptions, will be held within the premises and catering is .presently and will continue to be included. Drinks will be limited to soft drinks, beer and wine. The present kitchen will be enhanced to accommodate catering/food prepping capabilities. The kitchen will also provide lunch facilities for the staf. Silage, ExH'[$/T The museum understands the regulations for external signage and will cooperate with the Town to meet town standards and sign ordinances and standards established for the Civic Center. It is (anticipated that there will he door signs on the main entrance signifying the entrance to the museum and outdoor hanging posters advertising the current show(s). Sculpi tire gardej, The museum plans for the original main access pathway (for the former library) leading from the west side parking area be converted to a sculpture garden with no access for the public other than through the museum exhibit areas. (There will be allowance for an emergency escape route.)The sculpture garden will be secured. A design to restrict access with a combination of materials will include continued visibility from the inside exhibit area, through the tall trees on the front lawn to Main Street. The design will match or complement the existing exterior materials of the facility. 3 This Page Intentionally Left Blank T qd This Page Intentionally Left Blank RESOLUTION 2015-004 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U-13-017 CONDITIONAL USE PERMIT APPLICATION: U-13-017 PROPERTY LOCATION: 106 E. MAIN STREET (APN: 529-34-108) PROPERTY OWNER: TOWN OF LOS GATOS; APPLICANT: MUSEUMS OF LOS GATOS WHEREAS, this matter carve before the Town Council for public hearing February 3_ 2015. and was regularly noticed in conformance with State and Town law, WHEREAS, the applicant seeks approval for a Conditional Use Permit (CUP) to operate a museum (Museums of Los Gatos) and related activities on property zoned C-1:PD. WHEREAS, on November 12 and December 10, 2014 the Planning Commission considered a request for approval of CUP application 1i-13-017 on property zoned C-1:PD. The Planning Commission recommended approval of the request with modified Conditions of Approval, finding that the proposed use of the property is essential or desirable to the public convenience or welfare in that the use would provide the public art and history exhibits not otherwise seen in Los Gatos; the proposed use will not impair the integrity and character of the zone in that the use will bc in a commercial zone and the proposed educational component is consistent with other nearby uses; and the proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts; and the proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the November 12, 2014 Planning Commission Staff Report. The Planning Commission also found the request is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act. Section 15301: Existing Facilities. The Planning Commission also found for approving an application for a Conditional Use Permit to serve alcoholic beverages past 10:00 p.m. in that the applicant does not have a history of complaints and noncompliance with local ordinances or the Alcoholic Beverage Policy and the applicant demonstrated a clear benefit to the community. WHEREAS, Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on February 3, 2015, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Town Code section 29.20.190, the request for a CUP is desirable to the public convenience: will not impair the integrity and character of the zone; would not be detrimental to public health, safety or general welfare, and is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. These findings are based on the evidence presented in the Council Agenda Report for its meeting on February 3. 2015. and incorporate the findings made by the Planning Commission on December 10, 2014, regarding this application. B. The project is categorically exempt from environmental review pursuant to Section 15301 of the State Environmental Guidelines as adopted by the Town_ NOW, THEREFORE, BE IT RESOLVED THAT: 1. CUP application U-13-017 to operate a museum (Museums of Los Gatos) and related activities on property zoned C.1:PD is approved. % 1 T 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Cowliiions of Approval for this permit. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure sertion 1094,6 as adopted by sectionn 1.1 .085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094,6, or such shorter time as required by state and federal law_ PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos. California. held on the 3rd day of February. 2015. by the following vote: COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marie() Sayoc. Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS OATGS. CALIFORNIA CONDITIONS OF APPROVAL — January 20, 2075 106 E. Main Street Conditional Use Permit U-I3-017 westing approval to operate a museum (Museums of Los Gatos) on property zoned C- I : P13. APN 529-34-108, PROPERTY OWNER: Town of Los Gatos APPLICANT: Museums of Los Gatos TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as received by the Town on July 22, 2014. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2, EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. USE: The approved use is the operation of an art and history museum. 4. HOURS OF OPERATION: Maximum hours of operation are: a. Monday 11:00 a.m. to 7:00 p.m. b. Tuesday 11:00 a.m. to 7:00 p.m. o. Wednesday 1:00 p.m. to 7:00 p.m, (up to five staff are permitted before 1:00 p.m.) d. Thursday 11:00 a.m. to 8:00 p.m. e. Friday 11:00 a.m. to 7:00 p.m. f. Saturday 11:00 a.m. to 7:00 p.m. g. Sunday 11:00 a.rn. to 7:00 p.m. h. Stafmay be onsite as early as 9:00 a.m. and up to 10:00 p.m. for exhibit preparations and meetings, and as permitted elsewhere in these conditions. 5. MUSEUM EVENTS: Museum events. such as committee meetings, exhibit openings, tirndraisers, and private art/history receptions, are permitted. Museum events may require a special event permit from the Los Gatos -Monte Sereno Police Department, or a Park Permit from the Los Gatos Parks and Public Works Departnrrent. a. OCCURANCE: Museum events may not occur after 4:30 p.m. on Sundays m June through August (for Music in the Park), after 6:00 p.m. on Wednesdays in June through August (for Jazz on the Plazz), after 6:30 p.m. on the first and third Tuesdays of each month (for Town Council meetings), or after 6:30 p.m. on the second and fourth Wednesdays of each month (for Planning Commission meetings). The applicant must coordinate with the Town Manager's Office for events that may affect parking at the Civic Center. b. HOURS: Museum events may occur past 7:00 p.m. when coordinated with and approved by the Town Manager's Office. and must end by 11:00 p.m. c, NUMBER OF ATTENDEES: The maximum number of attendees is 253 based on maximum occupancy inside the space leased from the Town. EXHIBIT A d. COORDINATION: Coordination with the "Iown Managers Office consists of the Executive Director of the Museums. or designee. sending a letter to the Town ivianag - seiixniarizing the proposed event. proposed date, proposed start and end times, and estimated attendance at least three weeks prior to the proposed event and prior to any publicity regarding the proposed event. The Town Manager. or designee, shall respond in writing within five business days regarding any potential conflicts with Civic Center. Town r.ibrary+. and/or Adult Recreation Center operations. ti. ALCOHOLIC BEVERAGE SERVICE: The service of beer and wine is permitted piior to 11:00 pen. 7. PRIVATE EVENT RENTAL: The space may be rented out for private events and receptions, including weddings. a. OCCURANCE: Private events are permitted up to 26 bins per year. Private events may not occur after 4:30 p.m. on Sundays in June through August (liar Music in the Park). after 6:00 p.m. on Wednesdays in June through August (for Jazz on the Plan), after 6.30 p.m. on the first and third Tuesdays of each month (for Town Council meetings). or after 6:30 p.m. on the second and fourth Wednesdays of each month (for Planning Commission meetings). The applicant must coordinate with the Town Manager's Office for events that may affect parking at the Civic Center. b. HOURS: Private events may occur past 7:00 p.m. when coordinated with and approved by the Town Managers Office. and must end by 11:00 p.m. c. NUMBER OF ATTENDEES: The maximum number of attendees is 253 based an maximum occupancy inside the space leased from the Town d. COORDINATION: Coordination with the Town Manager's Office consists of the Executive Director of the Museums, or designee, sending a letter to the Town Manager summarizing the proposed event, proposed date, proposed start and end times, and estimated attendance at least three weeks prior to the proposed event and piior to any publicity regarding the proposed event. The Town Manager, or designee. shall respond in writing within five business days regarding any potential conflicts with Civic Center. Town Library. and/or Adult Recreation Center operations. S. FOOD AND BEVERAGE SERVICE: Food and beverage service is permitted. 9, SCULPTURE GARDEN: A sculpture garden between the west parking lot and the west entrance is permitted. An Architecture and Site application may be required for an enclosure for the sculpture garden. 10. EDUCATIONAL: Educational events and activities. such as an education lab. the Explorer program, Family Art Day, and life drawing classes, are permitted. a_ NUMBER OF ATTENDEES: Educational events and activities are limited to 100 attendees and'or participants. b. HOURS: Educational events and activities may occur outside of regular hours of operation. but not before 1:00 p.m. on Wednesdays, only if the school children are transported by bus or other vehicles neither of which may park in any Civic Center Parking lot or on streets immediately adjacent to the Civic Center. c. BUSES: No buses or oversized vehicles may park in any Civic Center Parking lot Or on streets immediately adjacent to the Cie, ie: Center. 11. ENTERTAINMENT: Art and history performances are permitted. Other entertainment must be consistent with Town Codes and policies, as amended. 12. DELIVERIES: Deliveries are permitted from 9:00 a.m. to 7:00 p.m. seven days a week to align with staff attendance provided a staff member is present to reeeive the delivery. Deliveries vehicles shall not block access to the parking lot. parked vehicles, or Civic Center buildings, Deliveries shall not occur during Town meetings or events. 13. SIGNS: A Sign Permit from the Los Gatos Community Development Department is required for any permanent or temporary signs. Approval by the Town Council is required prior to issuance of a Sign Permit per the lease with the Town. 14. TOWN COUNCIL CHAMBERS: The Town Council Chambers may be used for lectures if the lectures do not conflict with Town events or meetings and the lectures are. approved by the Town Manager prior to occurring. The applicant is subject to the Town's policy and fee requirements for the use of the Town Council Chambers. 15, CIVIC CENTER. PAGEANT GROUNDS. AND FRONT LAWN: The applicant is subject to the l'own's policy and fee requirements for the use of the Civic Center, Pageant Grounds. and Front Lawn. 16. CONFERENCE ROOM: The conference room shown on Exhibit A of the lease shall be made available by the Town to the applicant on a shared basis. The Town shall have exclusive right to schedule the conference room on all week days during Town business hours. The applicant shall have priority of use of the conference room on Saturday, Sunday. and Town holidays. 17. NUMBER OF STAFF: When the museum is open to the public, and during activities and events. the number of staff, including but not limited to museum staff, interns, volunteers. and docents, shall be limited to nine onsite at any given time. Additional staff; interns, volunteers, and docents may be onsite if those additional staff. interns, volunteers, and docents arrive and depart by means that do not require additional parking spaces, such as walking, biking. or carpooling. On Wednesdays, up to five staff are permitted before 1:00 p.m. regardless oftheir transportation method. 18. TOWN INDEMNITY: Applicants are notified that Town Code Section 1,10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend. indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 19. LAPSE FOR DISCONTINUANCE: if the activity for which the Conditional Use Permit has beep granted is discontinued for a period of one (1) year. the approval lapses pursuant to Section 29.20.340 of the Zoning Ordinance. 20. MODIFICATIONS TO THE SPACE: Any future modifications to the space must be consistent with the lease with the Town and obtain all required permits. 21. LEASE: The lease shall be modified to incorporate all of the conditions of approval prior to commencement of use. TO THE SATISFACTION OF THE CHIEF OF POLICE: 22. ALCOHOLIC BEVERAGE SERVICE NOTIFICATION: The applicant shall notify, in writing, the Los Gatos -Monte Sereno Police Department of any intentioned service of e)e1wT alcohol at lease two weeks prior of any anticipated event that inckudcs alcohol beverage service. The Los tia�os-Nionte Sere:3c Police Department t shall have the authority ;o designate how_ when, and where alcoholic beverages are served. 13. UNIFORMED SECURITY: Uniformed pri'.ately provided security guards may be required era or around the premises by the Chief of Police if alcohol related problems recur that are not resolved by the licensed owner. 24. CONSULTATION AND "IF RAINING: At the dis:.retion of the Chief of Police, periodic meetings will be conducted with representatives from the Police Department for on -going employee training on alcoholic beverage service to the general public. This Page Intentionally Left Blank Title: TOWN FACILITIES USE Policy Number. 1-04 Effective Date: 8131'i 6 Pages: Enabling Actions: A ov (___, / PURPOSE i Revised Date: To establish a policy for managing use of the Town of Los Gatos Town facilities for use by the general public, official Town business, and governmental agencies. Which will: 1. Preserve core functions. 2. Provide for public access and use of civic facilities. 3. Facilitate and coordinate multiple uses of civic facilities. SCOPE Guiding Principles 1. Civic facilities arc intended to be used pririanily for administrative operations of the Town programs, and of the Town for the community. Therefore, official Town business, programs, and activities shall have priority use of all civic facilities. 2. Civic facilities are further intended to save as a hub of civic and cultured activity and a major gathering center for community meetings and an active program of outdoor events. 3. Designated portions of the civic facilities may be used by the public for events including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural enrichment. 4, It is the Towns intent to provide spaces that are affordable and accessible for cultural, civic, and celebratory activities, without compromising security and official Town business needs. Title. TOWN FACILITIES USE POLICY Paltcy Overview 2 of 6 Policy Wumber: 1-04 1. The Town Council will establish the civic facilities use policy. The Town Manager and his or her designee will issue p units and use agreements for .events, and act as the final authority for the application 'Atha policy. 2. The Town Manager's Office is responsible for the day-to-day operation of scheduling and administering facilities' reservation. 3. The granting of permission to use any civic facility shall not in any way constitute an endorsement of the views of the persons and/or grorup reserving the facility. 4. Users of civic facilities for outdoor events will be required to enter into an agent and comply with all requirements set forth in this Town Facilities Use Policy. 5. All civic facility use reservations shall be made subject to the condition that the Town maintains the right to cancel or change any reservation if civic facilities are needed for official Town business. In no event shall the Town have any liability whatsoever for any cancellation made under the Town's authority to do sc. 6. Use of civic facilities must not interfere with the con duct of official Town business or be unduly disruptive to others present in Town Hall or to adjacent properties. 7. All commercial activities shall be prohibited except as provided in an appropriate permit, or license issued by the Town, or provided for in an agreement with the Town. Public Use — Civic Facilities A. Civic Centex Lawn The Civic Center lawn, as a focal point for the Town of Los Gatos Civic Center, shall be used as the regular location for community gatherings and events free and open to all members of the public including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural enrichment. I. Reservations are processed on a "first come, first served" basis. A tentative reservation may be made up to one year in advance by submitting an application for a Special Event Permit, and Release of Liability. All required paperwork must be submitted wit original signatures. 2. Events are limited to one event per week. Recurring or continuing events shall require both a Town agreement and Town Council approval. x+ i3tTCt Thie: TOWN FACT ITIES US Page: 3 of 6 Poky Number: 1-O4 3. Private parties are not allowed. 4. Scheduled events must not interfere with the conduct of official Town business or be unduly disruptive to others present in Town Hall or to adjacent properties.. 5. The following must be submitted and approved no later than two months prior to the scheduled event: a. Special Event Permit Application or Town agreement. b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, S1,000,000 liability insurance. c. Release of Liability, Assumption of Risk and Indemnity Agreement. d. Complete payment of all applicable fees and charges for use as established within the Municipal Code and are contained in the Town's Fee Schedule. All checks are to be made payable to "The Town of Los Gatos''. S. Cvic Center Deck and Stirs The Civic Center Deck and Stairs shall be used as the regular location for community gatherings and events free and open to all members of the public including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural er richme t. 1. Reservations are processed on a "first one, first served" basis. A tentative reservation may be made up to one year in advance by submitting an application tar a Special Event Permit, and Release of Liability. All required paperwork must be submitted with original signatures. 2. Events are limited to one evert per week. Recurring or continuing. events shall require boor a Town agreement and Town Council approval. 3, Private parties are not allowed. 4. Scheduled events must not interfere with the conduct of official Town business or be unduly disruptive to others present in Town Hall or to adjacent properties. 5. The following must be submitted and approved no later than two months prior to the scheduled event: a. Special Event Permit Application or Town agreement. b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, $1,000,000 liability insurance. c. Release of Liability, Assumption of Risk and Indemnity Agreement vor Title: TOWN FACILITIES USE Page: 4 of 6 Policy Number: 1-04 d. Complete payment of all applicable fees and charges for use as established within the Municipal Code and are contained in the Town's Fee Schedule. All checks are to be made payable to "The Town of Los Gatos", C Council Cf sber and Lobby The Town Council Chambers and Lobby may be reserved by federal, state, county, and municipal agencies, and schools for activities that benefit Los Gatos residents and students. The Town Council Chambers and Lobby may also be reserved by agencies providing government education programs. 1, The Town may grant permission to use the Town Council Chambers and Lobby its the following priority schedule: a. Town Council/Board, Commission, and Committees, including ceremonies b. Town Departments c. Town established Organizations and Committees (in which Town employees or Town officials participate) d. Government Agencies and Officials e. All other users 2. Reservations are processed on a "first come, first served" basis. A tentative reservation may be Meade up to six mouths in advance by submitting an Application, and Release of Liability, All required paperwork must be submitted with original signatures. 3. The following must be submitted and approved no later than two weeks prior to the scheduled event: a. Application for Use of Room b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, $1,000,000 liability insurance c. Release of Liability, Assumption of Risk and lndemnity Agreement d. Complete payment of Building Attendant. All checks are to be made payable to "The Town of Los Gatos". 4. During the evenings (after 5 p.m.), on the weekends (Saturdays and Sundays), and on Holidays, all users will be charged a Facility Use Fee and other applicable charges fix Town services as set forth in the Fee Schedule, unless the meeting or event is for official Town business, and the meeting or event is planned, managed, and led by the Town Council or Town Department. 5. A. Building Attendant is required for all meetings regardless of meeting time or size. The Town will schedule the Building Attendant and invoice Title: TOWN FACILITeES USE Page. Policy Number: sore 1-04 the applicant for the actual time scheduled. The Building Attendant will be responsible for the opening and closing of the facility and overseeing that the room is returned to its original condition. 6. Use is limited to a maximum of ten hours, per event, subject to other scheduled events, or Town use 7. Groups composed of minors must be supervised by at least one (1) adult for every ten (10) children under the age of 18 at all times while they are using the facility. 8. Alcohol is not permitted in the Council Chambers or Lobby. 9. Applicants are responsible for setting up before and cleaning up after each event in the Chambers and%or Lobby. Applicants shall be responsible for removing all personal property, owned or rented, prior to vacating the facility. a. Absolutely no open flames are allowed in the Chambers or Lobby. b. No foreign substance may be applied to the floor, walls, or ceiling (this includes decorations). c. No rice, birdseed, confetti, etc., may be thrown in or around the Town Council Chambers. d. Gambling or wagering is prohibited. 10. Use of the Town Council Chambers will not be restricted because of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, medical condition, religion, place of national origin, or any other- basis prohibited by law. 11. Any exceptions to the use regulations must he approved, in writing, by the Town Manager. D. Civic Facilities Conference and Meeting Rooms Conference and Meeting Rooms located within Town Hall, the Library, the Police Operations Building, and the Parks and Public Works Corporation Yard shall be used solely for conducting official Town business. 1. The Town may grant permission to use the Meeting Rooms in the following priority schedule. a. Town Council and Town Council Committees b. Planning Commission c. Others Boards and Commissions d. Town Departments e. All other uses Tiffs: TOWN FACILITIES USE Page 6 of 6 Poky Waller: i E. Town Plaza Park and Oak Meadow Bandstand Town Plaza Park and Oak Meadow Bandstand, as focal points for the Town of Los Gatos, shall be used as the regular location for free to the public community gatherings and events including cons, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural enricin nent. 1. Reservations are processed on a "first come, first served" basis. A tentative reservation may be made up to one year in advance by submitting an application for a Park Use Permit and/or a Special Event Permit, and Release of Liability. All required paperwork must be submitted with original signatures. 2. Events are limited to one event per week. 3. Private parties are not allowed. 4. Recurring or continuing events shall require a Town agreement and receive Town Council approval. 5. The following must be submitted and approved no later than six months prior to the scheduled event: a. Park Use Permit, Special Event Permit Application or Town Agreement. b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, S1,000,000 liability insurance. c. Release of Liability, Assumption of Risk and Indemnity Agreement. d. Complete payment of all applicable fees, deposits, and charges for use as established within the Municipal Code, Park Use Fees, and as contained in the Town's Fee Schedule. All checks are to be made payable to "The Town of Los Gatos". APPROVED AS TO FORM: B. Role of the General Plan in Achieving the Vision The overall role of the 2020 General Plan is to provide a framework to ensure that the Town: • Provides a well -run, efficient municipal government that is fiscally healthy with high levels of public safety, recreational, art and cultural amenities and that is committed to a high quality of life; G. Arts and Cultural Enrichment The Town of inc Gatos has a rich history as a center of arts and literature and the home to both historical and contemporary artists of renown. And today, Los Gatos maintains a thriving arts community that is invaluable to people of all ages in the Town. The Town has committed to protecting and promoting its cultural resources, including theaters, museums, art galleries, and public art. The Town also strives to further attract and encourage performing arts in Los Gatos, including live theater, music, and dance, as well as the literary arts, including author events and poetry. 1. Programs and Facilities Los Gatos's Arts and Culture Commission is actively involved in promoting cultural events and public art displays in the Town. The Arts and Culture Commission is an advisory group to the Town Council and works to encourage the development of music, drama, art, and other cultural and creative activities in Town. The Town supports a wide variety of cultural experiences including the Music in the Park Summer Concert Series, the annual July Fourth musical celebration, and public art in the Council Chambers and throughout the community. Many of these efforts are supported or led by a Council appointed Arts Commission. Los Gatos has two museums --the Art Museum of Los Gatos, located in a historic former firehouse on Tait Avenue, and the History Museum of Los Gatos, located in the Forbes Mill annex. While the Town owns these two buildings, collections and operations of these museums are managed by a nonprofit organization. The Town also supports art -related, non-profit organizations which host various music and arts programming. In addition, the Town appointed a Los Gatos Poet Laureate for the construction and opening of the new library, a new tradition which will likely continue to support the literary arts in Los Gatos. 2. Goals, Policies and Actions Goal HS-14 To enrich the Town by making visual arts, the performing arts, literary arts and other cultural amenities more accessible to the Town's residents. Policies Policy iS-14.1 Encourage public art in all new commercial development. Policy HS-14.2 Encourage art -related uses (theaters, museums, art galleries) in new and remodeled retail development Policy HS-14.3 Limit the conversion of museums and theaters to non -art related uses. Policy HS-14.4 Continue to support community -based, outdoor musical and other arts programs. Policy HS-14.5 Encourage new or expanded public and private facilities to host performing arts events for youth and the broader community. Policy HS-14.6 Encourage private/public funding, development, and operation of cultural amenities, activities, and centers consistent with the small town character of Los Gatos. Policy HS-14.7 Encourage all local arts groups and artists to collaborate and partner across disciplines, media, and venues for a richer and more diverse cultural experience. Actions Action HS-14.1 Develop design guidelines to encourage incorporation of Action HS-14.2 Study the feasibility of a performing arts center for the Town, including options for location and financing.