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Desk Item PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Community Development Director, and Economic Vitality Manager 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 02/05/2019 ITEM NO: 11 DESK ITEM DATE: FEBRUARY 5, 2019 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: APPROVE A DOWNTOWN PARKLET PILOT PROGRAM AS RECOMMENDED BY THE COUNCIL POLICY COMMITTEE REMARKS: The attached letter was provided as comment to this agenda item. A Councilmember has asked that staff address the question of the liability and health department concern when there is a parklet with 15% non-table service. From the staff perspective, shared liability will exist with the implementation of parklets where there is a public use. Staff envisions a permit or agreement that outlines the shared liability limits. Specific to Health Department concerns, the recommended pilot program assigns ongoing maintenance responsibility for the parklet to the business or property owner (operator). During the hours the parklet is used to support a restaurant function, the operator will need to ensure the maintenance complies with all applicable permits. The trade-off for the operator is an increase in attractive dining space on Town property with no Town rent charges for the use of the space. This provides an opportunity for both the Town and the op erator to benefit. Attachment previously received with February 5, 2019 Staff Report: 1. Draft Parklet Pilot Program Quick Reference Attachment received with this Desk Item: 2. Public comment received between 11:01 a.m. January 31, 2019 to 11:00 a.m. February 5, 2019 This Page Intentionally Left Blank