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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 ($2.50 now) 3 yrs 2.5% yr 4, each year to 25% cap Review at 10 years & each option Museum TBD TBD TBD TBD Town Town to Town standards TA TA TA TA TA TA Open TA TA Open Open Open TA . Open/pending TC prioritization Open/pending TC prioritization Open/pending TC prioritization Open/pending TC prioritization TA TA TA= Tentative Agreement Open =Negotiations to be completed .. ... . • .. •····· J ' ~ ~ '"· ~ . , ,. ·.• ;· This Page Intentionally Left Blank LEASE FROYJSIQNS LE.ASF. AGREEMENT C1 l:.1\1 ... i .1L i·.;t<.'i i\li. :--- °'llf{_. J.!L I a~~---····-· lllll -·----... ---~--·· BETWEEN ORD _____ ·--~- . . . .. RI: ... TOWN OF ~OS GATOS 1.._" ~---··· AND tti:~o _____ _ LOS GATOS MUSEuM A$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 u. 25. 2~. 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 . ~ • • :: i • • •. • .. . .. . . This Page Intentionally Left Blank s -I I i ~ I E · 1 I I ~ I ~ I i I I ii 1 ~ ~ ~~ ,.__ _ _...i-+---------i..:..·--------""'---· ,-------.-------~---w---:r---·-· ...... _. -·-·-· I t I _, ·-.,, .I I I !, I: lj ,_ . ~J I --a -=··:·-------=.,.,..-.-·:--~ Jr : ii -·-----·'-· --±------~-----±-----~---..... ~ ~ ~ @ ' r. I f 1~ I I ~ I I . . t • I • , .". • •. •, t"" .'·" ., This Page Intentionally Left Blank 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 ·~ .. . ' ... . ... ' ·, .. ; . . This Page Intentionally Left Blank ~ .. . . .. .•. · ... . ~ . 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. This Page Intentionally Left Blank 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: 2of6 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: 3uf6 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, $1,000,000 .liability insurance. c. Release of Liability, Assumption of Risk and Indemnity Agreement Tiiie: TOWN FACJLITIES USE Page: 4of6 Polk:y Number: 1-04 d. Complete payment of all applicable fees and charges for use as established within the Municipal Code and are contained in the Towtt's Fee Schedule. All checks SMto be made payable to ''The Town of Los Gatos''. C C"1mcil Chmn/Jer anti Lobby The Town Council ChambeJ.s and Lobby may be reserved by Rderal, state, county, and municipal agencies, and schools for activities that benefit IDs Gatos residents and students. The Town Council Chambers~ Lobby may also be roserved by agencies providin:g government education programs. 1. The Town ml;ly grant pemlission t(> use the Town Council Chambers and Lobby in the followllig priority schedule: a. Town CounciJ/Boatd, Commission, and Committees, including ceremonials b. Town Departments c. Town established Organizations and Committees (in which TO.Wll employees or Town officials participate) d. Govc;nunent Agen~es and · Officials e. All other users 2. Reservations are processed on a "first ~e, first servedM b8$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 $te allowed in the Chambers or Lobby. b. No foreign substan~ may be applied to the floor, walls, or ceiling (this includes decorations). c. No rice, birdseed, confetti, etc .. , may be thrown in or around the Town Council ai.nmn.. d. Gambling or wapring is prohibi1ecl. 10. Use of the Town Counci1 Chambers will not be restricted b«ause of age, sex. colc;ir~ race. marital status, s~ orientation, ancestry, physical or menUll di•bility, medic.I condition, religion, place of national origin, or any other basis proht'bffed by law. l l •. Any exceptions to the '*regulations must he approved~ in writin& by the Town Manager. D. Civic Facilities Omforence lllUl Meeting Rooms Conference and Meeting Rooms locatm within Town Hall, the Library. the Police Operations Building, and the Parks and Public Works Corporation Yvd shall be used solely for conducting official Town business. 1. The Town may grant permission to use the Meeting Rooms in the following priority schedule: a. Town Council and Town Council Committees b. l>lanning Commission c. Others Boards and Commissions d. Town DepartmentS e. AU other uses 'i'iife: TOWN FACILITIES USE B. Town Pltl%fl. P11rlc and Otdc Afedow Bandstand Ptge: 6of6 Policy Number: 1-04 Town Plaza Park and Oak Meadow B1µ1dstand, as focal points for the Town of Los Gatos, shall be used as the regular location for ftee to the public community ptherings and ~ents incJuding concerts~ festivals, cenmonie&, or other similar activity for the pu>poses of eelebration, education or cultural enrichment t. Reservations are processed on a~ come, first served" basis. A tentative rescrv$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.