Attachment 09J ANOFF L AW
A PROFE SSIONAL CORPORATION
June 14, 2017
Robert Schultz, Esq.
Town of Los Gatos Attorney
Civic Center
110 E. Main Street
Los Gatos, CA 95031
TO BE fNCLUDED lN THE cot:N(.'H.
Mh.MBERS PACKFTfOR THE ME"E11NGOF
June 20 .. 2017.
Re: NUMU Sculpture Garden.
Dear Mr. Schultz :
)1!FFUY D. JANOFF, Esq •
.--.janollltw.cam
jdjfjna!tlaw~
~I ! Wl!!'T "T. JIJH;.i STP.!l!T.
SUITE 1040
SA.'1 JOSJ', CA 95113
'lll»HONE (QI) 286-2300
FAC:SIMIL!. (408) 21!6-23CB
RECEIVED
TOWN OF LOS GATOS
JUN 14~017
Li :1q Ph1
CLERK DEPARTMENT
Thank you for the opportunity to clarify the status of the Sculpture Garqen area
located oojacent 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.
I am attaching to this letter documentation evidencing the Town's agreement with
NUMU's continued use of the Sculpture Garden area {see below):
Exhibit A : This document (dated 12121/12) 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-
Allowed, pay flllll cost" as an agreed upon item with the To'Wn. (The phrase pay full costs
refers to the fact that NUMU will be paying for any improvements to the Sculpture
Garden area)
Exhibit B: 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 e deck." The phrase "and a
deck" specifically refers to the Sculpture Garden area.
ATTACHMENT 9
Exhibit C: This document is a drawing of the first 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)ScGlpture Garden" on the drawing in the area adjacent to the north entrance to
the Museum.
Exhibit D: This document is a Lettei' 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
expre.ssly sets forth NUMU's plans to convert this area into "a scclpture garden with no
access for the public other than through the maseum 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
scul~ture garden between the west parking lot and the west entrance is permitted.
An .Anhitecture and Site application. may be required !oi' an enclosuire for the
sculpture garden."
Exhlbit 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 wider section G: "The Town has committed. to protecting and
promotmg its culturai resources, including ••• museums." And Policy HS-14.3 states
"Limit the conversion G! museums a!B.d 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.
cc: Lisa Coscino, Executive Director
Bam~y Davidge, President
JE~n . JANOFF, Esq.
2 1Pa ge
ITEM/ISSUE
OPERA TIOfi!AL
Sponsorship
!nsurance/Risk
Town Use of Confe~nce Room
Tenant :mprovement Approvals
Hours of Operation .. Public
Hours of Operation -Staff
Employee ParE<ing
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 e~hlblts, shows, talks, etc.
Term
Extension Options
Sculpture Deck
Museums Use of CQUncH Chambers
Emergency Preparedness
Coordination Meetings
AICC
FINANCIAL
Utilities (allocated/estimated}
Custodia I
Tenant Improvement Costs
CUP and/or PD Cost
Museum Tl Plans & Permits
Prior $12k Annual Grant
Retain Town HR Space at ARC
AU maintenance (HYAC separate)
Lease Basis
Lease Rate
Lease Rate Growth
Lease Rate Recalibration
Museum Specific HVAC
Restroom Project Contribution
HVAC Project Contribution
Council Chambel"5 AV Improvement
Parking Lot Contribution
Civic C2ntet HVAC Maintenance
Civic Center Grounds, Deck
EXHIBIT D
TEN "f t\THVE P).GREEM!ENTS -·-·----------(as of 12/21/12)
TERM STATUS
Town lead sponsor; no bldg. name TA
Town fully lnd•mnified TA
Week days 8 to 5 Open
Town approves structural; $5k+ TA
Closed weekday morn, bus ok TA
!\!one Wed. moms TA
Purchase Olive Zone permits TA
Book weekdays, as available Open
TC Review TA
Default 1 n position/full FMV Open
Beer and Wine only TA
Specfat Event Permit TA
Annual audited statements TA
Quarterly report TA
Close .or participate TA
W\!o review/conttol TA
lOyears TA
Syears TA
Allowed, pay fulf cost TA
Museum can book at cost TA
Participate with Town TA
Quarterly TA
Museum mgt. if needed TA
Museum pays direct costs
Museum pays full cost on own
Mu1"Y"' pays a!I
CUP split; % initiate, ~ end
Museum pays all
Grant process; Museum applies
0% fr 1; 50% yr 2; 100% yr 3
Museum pays
Per sq ft (less Conf. Rm, Deck)
0% FMV ($2.50 now) 3 yrs
2.5% yr 4, each year to 25% cap
Review at 10 years & each option
Museum
TBD
TBD
TBD
TBD
Town
Town to Town standards
TA
TA
TA
TA
TA
TA
Open
TA
TA
Open
Open
Open
TA .
Open/pending TC prioritization
Open/pending TC prioritization
Open/pending TC prioritization
Open/pending TC prioritization
TA
TA
TA= Tentative Agreement Open =Negotiations to be completed
.. ... . • .. •·····
J ' ~ ~ '"· ~ . , ,. ·.• ;·
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LEASE FROYJSIQNS
LE.ASF. AGREEMENT
C1 l:.1\1 ... i .1L i·.;t<.'i i\li. :---
°'llf{_. J.!L I a~~---····-·
lllll -·----... ---~--··
BETWEEN ORD _____ ·--~-
. . . .. RI: ... TOWN OF ~OS GATOS 1.._" ~---··· AND tti:~o _____ _
LOS GATOS MUSEuM A$S0CIA TIQN
TABLE.OF CONTENt§
i.. PREMISES ................................... ~ ...... ~·······~ ........ '""' ......... , •• ,..~.~·······•; .......... ~············ .. ·•••••••• 1
2 .. , n~ .................... ~.····················~· ..................................... " .. ~ .. -................ ~·~·~··,--~ .................... t
3. RENt. ·······--~---· .............. "·-.. ······-··········--· ........... -................................... 2
4 -(tesel'V'ed.) •. •!'······· ................ ~~· .. ··~ ...... .,4!4 .............. ~*~ ..................... _ .................... ,~ ....... ~ ...... $
5. V.SE ()F PiolEl\i)SES -.nd OPERATING lfOQll$ .................. " ••• ~ •• ,.. •• ,_._ ........... ,.,.._,.,. 3
d. . KAZA.RDOUS MA TERIALS ..... ~~·~··~·~ ..... '!.~···"·····il:~•":•~···· ........ ,,~~ .................. '
7. UTILITlE§ ;\.ND OPERA TING EXPEN~ ..... .;..._ ................... -.. -~ ... ·~··· ...... _ G
8. T A'DS ••••• ,~im~ ........ --................ _.... ............... _..~ ................... ~ ....... ~··f!··• ................... ~ ............. , • ...__ ... B
9. ~NTE·NA·NCE. ••• ~ ................. "~ ............................... -.... ..... ,.........,~ ........... ) ..... ~ ... ., ............ 9
11. ALTERAT!ONS !)y LESSEE ......... ;. .... -... :9 ........................................... " •• K__, ....... ~··· ......... ;. 1-0
!l. HOLO. HARMLES$/iNDEMNIFJCA TION. ··~~ ..... _ ...................... ,.._ .... ,. ................ 11
13. DA.MAGE, DE5.7RUCTION AND TE.RM'INATION ••• ~···· .... ,~ .. ·~·-...................... 11
i4. SIGNS AND MAR~TING. ··~···~·'4 .......... , .......... , .................... ~········ ..... ,. ..... ~······ .. ···· 15
{5. ASS·IGNM.EN'r AND, $UBL~TIING.. ...................................... ~ .... ·•-····· .. ·•"•" ....................... 16
16. J>E~AUL l'S.; ~M~l>IES.~·····•·····-·--···· ......... u ....... ~ .. --~-··· .. ·····-···· .. ·-•• ................. 16
17. INTEREST ON PAST..:DU-E OSLIGATIONS~-.. ·~~····~··-······ ............................. _ •••• 18
18. HOLD.JN.G OVER ....... ..-•• ~•···········•· ............................................................. , ••• [9 ••••••• ~ •• ~ .......... 18
19.. TO\\'N'S ACCESS. ~ .......................... -................. ~···t-·~ ...... "' .............................. ~ .. ,_, ........ 18
20. INS.U~.Ct ....... 4! ........ ••4·~········ .............. ~··"······ .. ,.·~·-······· .. •••P*•••••M••-·· ............ M•••••··--········ .. t 9
21. lESERVE!> ........... ~~····• .. ·······················~··•••••·• ... •••"•"• ...... ~ •• ~ ............ ~ ................ " ....... e:•• ... ··~··,. 19
22. DISPUTE RESOLVTlO'N .................. -~ •• ·~··~· .. ········~· ...... _ ......................... ~····~··,········· 19
13. NON .. LIABILITY OF OFFICIALS AND EMPLOYEES OF THE TOWN.· ........ , .• 20
Page i of ii
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27.
28.
29.
30.
31,
32.
33.
34.
35.
36.
31.
38.
39.
40.
41.
42.
43.
44.
~s.
46.
NON-DlSCft·IMINlA TIO.N ........ ~ ......... ~· .. ···~····· ..... ······" ....... " ... -,_··" ............ ,, ............. 20
INDEPEND£NT CO.NTR.A.CTOR •• "' •• " •••• ~ ............................................. " ...................... 20
(:ONFUCl' OF INTER"IST..,~ .................................... .,. ................................................ 21
~O~MNDUfd 01! !.EASE •• _ ........ ff""•· .. ~ .......... " ........ ~ ................. ~·~··;~ .. ····~~ .. 2.1
!STOPPEL CERn.flc-ATE. •.~ ....... ,.. .. '.'·~ ...... ~··· ....... ·····~··--................................. ~ ....... ~ ....... 2.1
L;INS. ·~·"-............................................ tM ......... ~_ ... ~ ... , ...................... ~.~···~·N•••••• 21
v A.CA TING ...... tt ........................... ~ .......................................... fl_ ............ _ ............ ~ .... ~··· .. ~~· 21
AllANDONMENT .......... , .. ~ ........ ,,, ......... _ ............................. ~~·-.. ............ ~ ........... ~.· .. ···~· 2-
NOTICES. ·•·~·•·n·-............. -............................. eti,. ..... ~ ....................... lt! ..... ~.#4 ...... 22
TIME •••••• .,.. ........... " ... .,. ..... ~ ... ~ ............ .,.~ ................... " ........................ , .. ~ •. ··~····· ... •••••• .. •• .. ~ .......... 22
AMgNDMENTS ................ " .......................... .,. .................. ~··-·~··········· ...... , •••••• ~.~ 22
S·IGN~G AlJT.BORITY ............................. , ... " .................. ~.,, ........................... ! .............. 22
CAPrlONS ....... ~ .................. -.«1 ............. ., ............... ~ .......... ~ ........ ~ ....... ""'· .. ~~···· .. ···-~.-,~ ............ 23
SURRENDER OF LEASE NOT MERGER. ...... _ ..... ~ .............. -................... ..; ......... 23
INtEG'RA TEI> DOCUMENT .................... ," .................................................................... 23
w AIVER. ••••••• ! .. ~·· .. ···~··~··~·· .. •••4!1M••••• ........................ -.. ., ..... ~, .................. ~ ............ ~ ... •••• 23
INTERPRET A TION~.~ ... _ •• , .......................... ~ ....... !9 ................ -..... ,,.~ ....... --.i: ........... ._._ ........ i3
SE~~ITY Cl.-.AUSE. ._ .... -...................................... , ................................................ 23
GOVERNING ~ w ........ ~·~·· .. 4~···········••HH .................. -................................... ~ ........ ~ .......... , 23
VENUE .......................................... " ......... " ........... ~~··"·· ........ ~ ............................................... 24
COM-PJ.;l,\NCE WITH LA ws ................. , ... "' ............ ~-·~· ... ••· .... "."'········ ... •·•····· ............ 24
.BROKiR$, ~ ...................... 1t4 ....... "' ......................................... ~ ................................. ~ ....... 24
ATI ACHMENTS TO LEAS£ .... ~··•!' ........................... , ................... -......................... ," ........ J4,
EXHIBITS
A DESCRIPrlON OF SUBJECT PREMISES ...... !'-~•··-..-~ .. -...... ·---·•·•• .. ··-~· 26
B LIST OF IMP-~OVEMENTS ................................... , ............... , ••• ,~··-··4!'············"~·,·~n-·•111•M• ... ~· 27
C STANDARD INSURANCE REQUiRE·MENTS.-........................................... m.e ............ 28
Page ii ofii
LEASE AGREEMENT
BE'r'tV.E~N'
TOWN Of LOS GATOS
AND
LOS GA TO$ MUSEUM ASSOCIATION
This lease agreerneni (herein "Lease") is made and entered inw th1s __ dayof • 2013.
by and between the Town of Los Garos, 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 .. Partj~'' 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 folJowing covenan~ tennst and conditions~ Lessee and
ToWll mutual1y agree as follows:
i..EASE PROVISIONS
1. PREMiSES.
Town hereby leases to Lessee. certain real property located in the To\\-n of Los Gatos , County of
Santa Clara, State of California, commonly known as I 06 East Majrt Street (herein the "Premises•)
and more particularly described in .Exhibit A attached hereto and ~ncorporated herein by reference.
The Premises consists of approximately eleven thousand six hundred and four ( 11,604) square feet of
space for museum exhibits, Town offices, storage, educational Jab, kitchen facilities, bathrooms. and
a deck . Lessee accepts the Premises .. as-is .. on the <late of execution of this Lease.
2. TER.~.
2.1 Original Term. The term of t:-ds Lease shall be for ten ( i 0) years plus ~ initial period
of Town construction and improvements to the Premises, as set fonh in paragraph 2.5.
commenl.'ing on July I. 2013 and ending ten< 10) years from the Delivery D~te. as defined
below ( .. Tenn··). Lessee shall , at the expiration of the tenn of this Lease. or upon its earlier
terminatien, 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 not in default hereunder. either at the time of
exercise or at the time the e.xtended term commences. Lessee shalJ ·have the option to extend
the initial tenn of this Lea~e for two (2) additional periods of five (5) years each ('"Option
Periods'') with the same terms. covenants and conditions provided herei~ except that upon
such renewal the Base Rent due hereunder shall be adjusted pursuant to Paragraph 3.
Lessee· s option shall be exercised by ~ssee providjng Town with request for an extension in
writing no less lh1m sixty {60) days prior to the expiration of the then current tenn.
1 R""· June :?013
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LEITER OF JUSTIFICA.T20N/WIUTIEN DESCRIPTION OF PROPOSED PROJECT
To: Town of Los Gatos-Community Development Department
Re: Museums of Los Gatos -Occupancy of Los Gatos Fonner Library Building
Date: May 27, 2014
General Description.
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 Mairt Street Significant floor space in both the ground floor and
doWJ1stairs will be occupied by the Museum.
The facility will replace the present museum locati()ns at 75 Church Street and 4 Tait
Avenue.
The Museum intends to utilize the space to ~xpand its offerings to the community in
both History and Art exhibits, educational programs and related cultural activities
and events. Th.e space will also be utilized to accommodate th.e staff of the Museum
from both the prior History and Art Jocatioris and house the permanent H.istory
collect;ioi:i.
Ac:Qyjties & Operation&.
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 commjttee meetings. Following the planned expansion of exhibits and ·
rotational .exhibit spaq!s the Museum anticipates opening Mondays and Tuesdays,
11:00 am to 5:00 pm.
Museum staff will maintain s~ndard 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 of.~ight staff members present.
The.re wiJl also be the requirement from time to time for delivery vehicles to have
access to the western door by the side parking lot
Mus~um committe~ meeting With consist of Board members, volunteers and staff.
Schedules for these meetings, mostly rnQnthly, range between da}'time and evening
times, during weekdays. The size of museum committees varies between five and
1
Executive Board meetings are held monthly and are almost always convened at
night or off s ite.
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 ofmuseµm
projects on site and volunteers attending committees and as docents for e~ibits
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 p laza and
front )awn. The museum understands ~nd wiIJ 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 eXJ>erieilce i ndicates
that attendance can vary from SO to 200 people. In the larger facility the Museum
will expect increased numbers for special events in tl)e range of 75 to 350 attendees.
An important part of the museums charter continues to be education, which takes
various forms. The children;s Exploter 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 ofthe busing in a
similar fashion to the present process either by circling the buses or parking off
premises. Other educational p r ograms include Art & History Jeeture series, the
Countywjde High School program. The museum i~ 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 fo r the staff. ·
The museum understands the regulations for external signage and will cooperate
with the Town to meet town standards and sign ordinances and standards
establis hed for the Civic Center. It is anticipated that there will be door signs on the
main entrance signifying the entrance to the museum and outdoor hanging posters
advertising the current show(s).
Sculpiun: l#arden
The museum plans for the original main access pathway (for the former Ubrary)
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 wiU 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 o{
the facility~
3
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RESOLUTION 2015-004
RESOLUTlON OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPROVAL OF CONDITIONAL USE PERMIT APPLICATION U-13-017
CONDITIONAL USE PER;.'\IJT APPLICATION: U-13-017
PROPERTY LOCATION: 106E. MAIN STREET (APN: Sl9 .. J4Al08)
PROPERTY OWNER: TOWN OF LOS GATOS;
APPLICANT: MUSEUMS OF LOS GATOS
WHEREAS, this matter came before the Town Council for public ~earing February 3 •
.2015. and was regularly noticed in oonformance wjth 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 a cti\ities on property Loned C-1 :PD.
WHEREAS, on November 12 and D~cember JO. 2014 the Planning Commission
considered a request for approval of CUP application U-13·017 on property zoned C-1 :PD. The
Planning Commis&ion recommended approval of the requ~t with modified Conditions of
Approval, fmding that the proposed use of the property is essential or desi rable 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 o f the
7..one in that the use ~m be in a commercial zone and the proposed educational component is
consistent wi th other nearby uses; and the proposed use wo uld not be detrimental to pu blic
health, safety or general welfare in that conditions placed on the pennit will mitigate potential
impacts; and the proposed use of the property is in harmony with the various elements or
objectives of the General PJan and the purposes o f the To wn C'o de as discussed within the
November 12, 2014 Planning Commission Staff Report. The Planning Commission also found
the request is CategoricatJy Exempt pursuant to the adopted Guidelines fo r the Implementation
of the Californi a Environmental Q uality Act. Section J 5301: Exis ting 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 testimany 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 folJows:
A. Pursuant to Town Code section 29.20.190, the request for a CUP is desirable to
the public convenience: wiJl not impair the integrity and character of the zone: would not be
detrimental to public health, safety or general welfare; and is in hannony with the various
elements or objectives of the General Plan and the putposes 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 N t :Po is approved.
2 . The Conditi<;ns of Approval attached hereto as E~ibit A are hereby adopted as
the: C(1~ifH Hons of Approval for this pennit
3. The decision constitutes a final administrative decision pursuant to Code of Ci vil
Procedure section I 094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application fur judic ial relief from this decjsion must be sought withi n tlte time
limits and pursuant to the procedures established by Code of Civil Procedure section l094.6, or
such shorter time as required by ~tatc and federal L aw.
PASSED Al"lD ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California. held on the 3n1 day of February. 2015. by the following vote:
COUNCIL MEMBERS :
A YES : Steve Leonardis. Roo Rennie. Marico Sayoc. Barbara Spector. Mayor Marcia Jensen
NAYS:
ABSENT~
ABSTA™:
~~~
SIGNED:
~~
MAYOR OF THE TOWN OF WS GATOS
LOS GATOS. CALIFORNIA
CLERK ADMIN ISTRATOR OF THE TOWN OF LOS GATOS
LOS GA lOS. CALIFORNIA
CONDITiON.S OF APPROVAL -JanullJ')120, 2015
1-06 E. Main Street
Conditional Us~ Permit U-l 3-017
Requesting approv al to operate a musewn (Mu•eums of Loi Gatos) on property zoned C-
l:PD. 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 DMsion
l. APPROVAL: This application shall be COll1plcted in accordance with all of the conditions
of approvaJ listed below anq 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 cllanges.
2 . EXPJRATION : The approval will expire two years from the approval date pursuant to
Se<;tion 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·ofoperatioo are:
a. Monday J l :00 a.m. to 7:00 p.m.
b. Tuesday 11 :00 a.m. to 7:00 p.m.
c. Wednesday 1 :00 p.m. to 7:00 p.m. (up to five staff are permitted before 1 :00 p.m.)
d . Thursday 11 ;()() 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 1 J :00 a.m. to 7:00 p.m.
h. Staff may be onsite as early as 9:00 a.m . and up to I 0:00 p.m . for exhibit preparations
and meetings, and as permitted elsewhere in these conditions.
S. MUSEUM EVENTS: Museum events. such as comm ittee meetings. e"hibit openings..
fundraisers. and private art/history receptions~ are perntitted. Museum events may require a
special ev~t permit from the Los Gatos-Monte Sereno Police Department. or a Park
Pennit from the Los Gatos Parks and Public Worics Department.
a. OCCURANCE: Museum events may not occur after 4:30 p.m. on Sundays in June
through August (for Music in the Park), after 6:00 p.m. on Wednesdays in JWtc
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 Wed:nesdays 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 e\-ents 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 A TIENDEES: The maximum nwnber of attendees i s 253 based on
maximum occupancy inside the space leased from the Town.
EXHIBIT A
d. COORDINATION: Coordination with the "Jown Manager's Office consists of
the Executive Director of the Museums. or de.signee. sending a lctta to the Town
Manager s-.;mnuu"iz.ing the pmpo~c(I event. proposed date, proposed si.Wi 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
designce, shall respond in writing w ithin five business days regarding any
potential conflicts with Civic Center. Town [.fu rary, and/or Adult Recreat ion
Center operations.
6. ALCOHOLIC BEVERAGE SERVJCE: The service of beer and wine is permitted prior to
11:00 p .m .
7. PRIVATE EVENT RENTAL: The space may be rented out for private events and
receptions, includi~g weddings.
a. OCCURAfitCE : Private events are permitted up to 26 times per year. Private yvents
may not occur after 4:30 p .m. on Sundays in June through August (for Music in tbe
Park). after 6:00 p.m. on Wednesdays in June through August {for Jazi 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: Private events may oc.eur 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
d . COORDINATION: Coordination with the Town Manager's Office consists of
the Executh;e Director of the Museums, or designec. sending a Jetter 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 prior to any publicity regarding the proposed event. The Town Manager, or
des1gnee . shall respond in writing within five business days regarding any
potential conflicts with Ci vic Center. Town Library. and/or Adult Recr~t!tior.
Cent.er operations.
8. 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 pcmiitted. An Architecture and Site application may be requii-M for an
c:nclosnre for the sculpture garden.
1 O. EDUC' A TIONAL: Educational events and activitie$, such as an cdu(:atlon lab. the Explorer
program, Family Art Day. and life drawing classes. are permitted.
a. NUMBER OF A TIENDEES: Educational events and activities are limited to l 00
attendees and/or participants.
b . HOURS: Educational e\'cnts and activities may occur outside of regular hours of
operation. but not before 1:00 p .m. on Wednesdays, only if the school children are
transported by bus or other vehicles neither of which may park in any Civic Center
Parking Jot or on streets immediately adjacent to the Civic Center.
c. BUSES: ~o buses or oversized vehicles may park in any Civic Center Parking lot or
on streets immediately adjacent to the Civic Center.
11. ENTERTAINMENT: Art and history perfonnances are pennitted. Other entertainment
must be consistent with Town Cooes and policies, as amended.
12. DELIVERIES: Deliveries arc pennittcd from 9:00 a.m. to 7:00 p.m . seven days a week to
align with stAff attcndanc.e proV'ided a staff member is present to receive the delivery.
Deliveries vehicles shalJ not block access to the parking lot. parked vehicles, or Civic
Center buildings. Deliveries shall not occur during Town meetings or events..
13. SIGNS : A Sign Permit from the Los Gatos Community Development Department is
required for any permanent or temporary signs. Approval by the Town Council is required
prior to issuance of a Sign Permit per the lease with the Town.
14. TOWN COUNCIL CHAMBERS: The Town Council Chambers maybe useclfor lectures jf
the lectures do not conflict with Town events or meetings and the lectures are .approved by
the Town Manager prior to occurring. The applicant is subjeet to the Town~s policy and
fee requirement., for the U$e of the Town Council Chambers.
15. CIVIC CENTER. PAGEANT GROUNDS. AND FRONT LAWN: The applicant is subject
to the Town 's polic}" ~nd 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 an 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 pennitted before I :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 entitlemeru from the Town shall defend.
indemnify, and hold harmless the T o·wn 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 pennits 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 Pemiit
has been 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
oonsistent with the lease with the Town and obtain all required pennits.
21. LEASE: The lease shalJ be modified to incorporate all of the conditions of approval prior to
commencement of use.
TO THE .~ATISFACTION OF THE CH1EF OF POLlCE:
22. ALCOHOLIC BEVERAGE SERVICE NOTIFIC'ATION: The applicant s11all notify, in
\1..riting. the Los Gatos-Monte Sereno Police Department of any intentioned servfoe of
alcohol at least tWQ weeks prior of an.y anticipated event that includes alcr;hol beverage
se:vice. The Los Ga~os-Monte Sere:lc Police Oeµartmc11t shall ltave the a!.lthority tc
designate how, when, and ·.1.-here aloohuiic beverages are served.
23 . UNIFORMED SECURlTY ; Uniforme.d prhately provided security gua.rds may be required
in ot around the premises by the Chief of Police if alcohol related problems recur that arc
uot resolved by the licensed owner.
24. CONSULTATION AND TRAINING: i\t the d is..,-etioo of tbe Chief of Police, per.iodii:
meetings will be conduct~ with representatives from the Police Department for on-going
e.mploycc training 'Jn aJcohoHc bC\'~rnge service to the general pllblic.
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Title: TOWN FACILtTIES USE Policy Number: 1-04
Effective Data: 813116 Pagn:
Enebllng Actions: ~~ R..ised Dal9:
PURPOSE
To establish a policy for managing use of ~e Town of Los Oatos 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 coonlinate multiple uses of civic facilities.
SCOPE
Guiding Principles
1. Civic facilities arc intended to be used prirmuily for administrative operations of the
Town programs, and of the Town for the community. Therefore, official Town busin~
programs, and activities shall have priority use of all civic facilities.
2. Civic facilities are fiuther intended to save u a hub of civic Bild cultural activity and a
major gathering center for community meetings and an active program of outdoor events.
3. Designated portions of the civic facilities m~y be used by the public for events including
concerts, festivals, ceremonies, or other similar activity fi>r the purposes of celebration,
education or cultural emidunent.
4. It is the Town ·s intent to provide spaces that are affordable and accessible for cultural,
civic, and celebnrtory activities; without compromi-8ig security and official Town
business needs.
Tttte: TOWN FACILITIES USE
POLICY
Polley Overview
Page:
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Poflcy Number:
1-04
I. The Town Council will establish the civic facilities use policy. The ToWll Managec and
his or her designeo will issue permits and use agreements fur event,s, and iCt as the
final authority for the application of the policy.
2. The Town M$!18ger~s Office is responsjbJ~ for the day-to .. day operation of scheduling
and administering facilities~ rese(Valion.
3. The granting of pennismon to use any ~vie facility shall not in any way constitute an
endorsemait of the views of the persons and/or group l'e$Cl'Ving the facility.
4. Usen of civic filciUties for outdoor events will be roqufred to enter into an agreement
ilJld coml)ly with all requitements set rorth in this Town Fa<:ilities-Use Policy.
S. All civic facility use ~ervations shall be made subject to the con9ition that the Town
maintains the right to cancel or change any reservation if civic facilities are needed for
offi'tial Town busin'81. In no event shall the TQWD have any liability what59ever fQr
any cancellation made under the .Town's authority to do so.
6. Use of civic faciUties must not interfere with the conduct of oBicial Town business qr
be unduly disruptive to others present in Town Hall or to adjacent properties ..
7. All commemal activities shall be pl'(>.bibited except as provided in an •ppropriate
permit, or license issued by the Town, or provided for in an agreement Wiih the Town.
Public Uae-Civic Fadlitles
The Civio Center lawn, as a fo~l 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 conoerts~ te.tiva1s, ceremonies, or other ~milar
activity for the purposes of celebntlon, education or cwtural enrichment
I . Reservations art processed on a ~ 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 Rel~ of Liability. All req~ired
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 agreemem and Town Council approval.
Title: TOWN FAC!UT lES USE
3. Private parties are not allowed.
Page:
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Polley Number:
1-04
4. Scheduled events must not interfere with the ronduct of official Town business
or be unduly disruptive to others pte$ent io Town Hall or to adjacent properties.
5. The folJowiug must be submitted and approved no later thm1 two month.ci prior
to the schedu!ed event
a. Special Event Permit Application or Town agreement.
b. Certificate of Insurance and Endorsement, naming Che Town as an
additional insured and making coverage primary. Sl,000,000 liability
inamancc.
c. Release of Liability, Assumption of Risk and Indemnity Agreement.
d. CompJ~ payment of all applicable fees and charges for use as
atablished within the Municipal Code and are containecl in the Town~s
Pee Schedule. All checks are to be ma4e payable to "The Town of Los
Gams'·.
B. Civlc O!nter Duk 1111tl Stoin
The Civic Center Deck and Stairs shall be used as the regular location .for community
gatherings and events free and open to all memben of the public including concerts,
festivals, ceremoni~t or other similar activity for 1he purposes of celebration,
educati0n or cultata1 enridllnent.
1. Reservations arc processed on a "first come, first served" '-is. A tentative
resavation may be made np to one year in advance by submitting an
application t0r a Special Event Pennit, and Release of Liability. All
required paperwOtk must be submitted with original signatures.
2. Events u-e limited to one eve1Jt per week. Recurring or continuing events
Shall raqwre both a '!'own agreement and Town Council approval.·
3, Private parties are not allowed.
4. SchedlJ}ed events must not interfere with the conduct of official Town
business or be Widuly disruptive to others pesent in Town Hall or to
adjacent properties.
S. 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 lnsumnce and Endorsement, naming the Town as an
additional insun=d and making covemge primary, $1,000,000
.liability insurance.
c. Release of Liability, Assumption of Risk and Indemnity Agreement
Tiiie: TOWN FACJLITIES USE
Page:
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Polk:y Number:
1-04
d. Complete payment of all applicable fees and charges for use as
established within the Municipal Code and are contained in the
Towtt's Fee Schedule. All checks SMto be made payable to ''The
Town of Los Gatos''.
C C"1mcil Chmn/Jer anti Lobby
The Town Council ChambeJ.s and Lobby may be reserved by Rderal, state, county, and
municipal agencies, and schools for activities that benefit IDs Gatos residents and
students. The Town Council Chambers~ Lobby may also be roserved by agencies
providin:g government education programs.
1. The Town ml;ly grant pemlission t(> use the Town Council Chambers and
Lobby in the followllig priority schedule:
a. Town CounciJ/Boatd, Commission, and Committees, including
ceremonials
b. Town Departments
c. Town established Organizations and Committees (in which TO.Wll
employees or Town officials participate)
d. Govc;nunent Agen~es and · Officials
e. All other users
2. Reservations are processed on a "first ~e, first servedM b8$is. A tentative
reservation may be tnade up to six: months in advance by submitting an
Application, and Release of Uability. AU requir~ paperwork must be
submitted with origin-1 signatures.
3. The following must be submitted and approved no later than two weeks
prior to the scheduled event:
a. Application for U$e of ltoom
b. Certificate of Insurance aod Endotsement, naming the Town as an
additiona1 insured and making ooverage primary, Sl,000,000
liability iJ)sulancc
c. Release of Liability, Assumption of Risk and Indemnity Agreement
d . Complete paym~t QfBuilding Attendant, AU ·checks are to be made
payable to "The Town of Los Gatos".
4. During the evenings (after S p.m.), on the weekends (Saturdays and
Sundays), and on Holidays. all users will be charged a Facility Use Fee and
other applicable char8es for Town services as ~forth in the Fee Schedule.
unJess the meeting or event is for official Town business, and the meeting
or event is planned, m~ed, and Jed by ihe Town Cotincil or Town
Department.
S. A Building Attendant is required for all meetings regardless of meeting
time or size. The Town will schedule the Building Attendant and invoice
Page:
nu.: TOWN FACILITIES USE Sof6 i Polley Nllllliler. 1-04
the applicant for the actual time scheduled. The Building Attendant will be
responsible for the opening and closing of the facility ..-d 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
sehodulal events. or Town use
7. Groups composed of minors must be supervised by at least one (1) adult for
every tat { 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 op before and cleaning up after each
event in the Chambers and/or Lobby. Applicants shall be responsible for
removing an personal property, owned or rented, prior to vacatiq the
facility.
a. Absolutely no ~ flames $te allowed in the Chambers or Lobby.
b. No foreign substan~ may be applied to the floor, walls, or ceiling
(this includes decorations).
c. No rice, birdseed, confetti, etc .. , may be thrown in or around the
Town Council ai.nmn..
d. Gambling or wapring is prohibi1ecl.
10. Use of the Town Counci1 Chambers will not be restricted b«ause of age,
sex. colc;ir~ race. marital status, s~ orientation, ancestry, physical or
menUll di•bility, medic.I condition, religion, place of national origin, or
any other basis proht'bffed by law.
l l •. Any exceptions to the '*regulations must he approved~ in writin& by the
Town Manager.
D. Civic Facilities Omforence lllUl Meeting Rooms
Conference and Meeting Rooms locatm within Town Hall, the Library. the Police
Operations Building, and the Parks and Public Works Corporation Yvd shall be used
solely for conducting official Town business.
1. The Town may grant permission to use the Meeting Rooms in the following
priority schedule:
a. Town Council and Town Council Committees
b. l>lanning Commission
c. Others Boards and Commissions
d. Town DepartmentS
e. AU other uses
'i'iife: TOWN FACILITIES USE
B. Town Pltl%fl. P11rlc and Otdc Afedow Bandstand
Ptge:
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Policy Number:
1-04
Town Plaza Park and Oak Meadow B1µ1dstand, as focal points for the Town of Los
Gatos, shall be used as the regular location for ftee to the public community ptherings
and ~ents incJuding concerts~ festivals, cenmonie&, or other similar activity for the
pu>poses of eelebration, education or cultural enrichment
t. Reservations are processed on a~ come, first served" basis. A tentative
rescrv$ion may be made up to one year in advance by submitting .an
application for a Pm Use Permit '1tdlor a Special Event Pennit, and
Release of Liability. All required papawodc must be submitted with
original signatures.
2. Events are limit«! to one event per week.
3~ Private parties arc not allowed.
4. Reaming or continuing events shall require a Town agreement and receive
T-OWn Council apPtO~.
S. The following must be submitted and approved no later than six months
prior to the scheduled event:
a. Park Use Permit1 Special Event Pennit AppHcation or Town
Agreement.
b. Certificate oflnsurancc and Endorsement, naming the Town as an
additional insured and making coverage primary, Sl,000,000
liability insurance.
c. Rel~ of liability, Assumption of Risk and Indemnity Agreement.
d. Complete ~yment of all applicable fees, dtposits, •d charges fur
use aS establi$hed within tho Municipal Code, Park Use Fees, and as
con~ in die Town's Fee Schedule. All checks are to be made
payable to "The Town of Los Gatos''.
APPROVED AS TO FORM:
B. Role Of the General Pfan in Achieving the Vision
Th e overall role of the 2020 General Plan is to provide a framework to ensure
that the Town:
• Provides a well-run, efficient municipal government that is fiscally
healthy with high levels of public safety, recreational, art and cultural
amenities and that is com11Jitted to a high quality of life;
G. Arts and Cultural Enrichment
The Town of L~ Gatos has a rich history as a center of arts and literature and the home to both
historical and contemporary artists of renown. And today, Los Gatos maintains a thriving arts
community that is Invaluable to people of all ages in the Town . The Town has commftt" to pr.otectl'1&
and promoting Its cultural resources'" including theater$, 11)useums, 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, induding 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
disp1ays in the Town. The Arts·and Culture Commission is ~n ?.dttisofy 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 wl~ variety of cultural experienC£s £ncluding 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 Hl$tory 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 orpnizatlons which host various music and arts
programming. In addition, the Town appointed a Los Gatos Poet Laureate for the construction and
ope n;ng of the new library, a new traditk>n which wffl likely continue to support the literary arts in Los
Gatos.
2. Goals1 Policies and Actions
Goal HS-14 To enrich the Town by making visual arts, the performing arts, literary arts and other cultural
amen ities more accessible to the Town's residents.
Policies
Polley HS-14.1 Encourage public art in all new commercial development.
PoJicy Hs-14.2 Encourage art-related uses (theaters, museums, art galleries} in new and remodeled retail
deve lopment.
Polley HS-14.3 limit the conversion of museums and theaters to non-art related u~.
Policy HS-14.4 Continue to support community-based, outdoor musical and other arts programs.
Policy HS-14.S 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,
actMties, 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,
med ia, 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.