Staff Report Promenades with attachments
PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Chief of Police and Finance
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 26
DATE: May 25, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Identify the Town Council’s Objectives for the Summer Promenade
Event Series and Provide Direction as Necessary for Modifications to the
Conditional Letter of Approval.
RECOMMENDATION:
Discuss and identify the Town Council’s objectives for the summer promenade event series and
provide direction as necessary for modifications to the Conditional Letter of Approval.
BACKGROUND:
On May 4, 2021, the Town Council allocated $80,000 of America Rescue Plan Act (ARPA) funds
to the Chamber of Commerce to host up to seven Summer Promenade events in Downtown Los
Gatos to stimulate the downtown economy. At the time, the Chamber requested the funds to
assist with the planning and implementation of the event series on Thursday afternoons. The
events closed N. Santa Cruz Ave. with the intent to draw the community together to rediscover
Downtown Los Gatos, shop, dine, and reconnect with the community as it weathered the
COVID-19 pandemic. Event attractions included music and family entertainment. The 2021
event series was held on July 1, 8, 15, 22, and 29, and August 5 and 12. Under Town Code, the
event series required a Special Event Permit, which was issued by the Town to the Chamber.
The Chamber requested the ability to have a “blanket” Alcohol Beverage Control (ABC) permit
that allowed the community to essentially have open containers of alcohol at the event as a
way to encourage event participants to patronize local businesses and take advantage of the
ability for the establishments to sell the “to-go” style beer, wine, and cocktails. One parameter
set forth in the Special Event Permit was that no outside alcohol was allowed, and
establishments were not permitted to sell outside of their currently approved ABC dispensing
areas.
PAGE 2 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
BACKGROUND (continued):
As the event evolved over the weeks, Town and Chamber staff worked closely to make
modifications and adjust the format as the summer progressed. As we learned together, Town
staff worked with the Chamber to address concerns and modified the Special Event Permit to
include increased signage that clearly stated the prohibition of outside alcohol and required
restaurants to stay within their licenses premise for the sale and service of alcohol.
As the weeks continued, the number of event guests bringing beverages into the event
increased as evidenced by the community feedback to staff. Staff also received complaints
about the consumption of alcohol by guests that were not properly identified as being over 21
years.
At its August 17, 2021 meeting, the Town Council held a public discussion debriefing the event
series. In general, there was support for the event series to continue in the future. The
Chamber reported that they “learned a lot” to consider when planning future events.
Comments from the Town Council also applauded the event series success and supported
future events. Additional feedback included that there should be increased partnership with
outside service organizations or other Los Gatos businesses not located downtown; however,
the event organizers should limit participation and be sensitive to not overcrowding the streets
with tents that hide or cover store fronts. Likewise, there was a suggestion from one Council
member to not create an overcrowded environment or allow the event to become “too big.”
Of the $80,000 granted to the Chamber of Commerce for the 2021 Promenades, about two-
thirds was provided to the Chamber prior to the conclusion of the event, and the remaining
funds will be allocated once the appropriate invoices, receipts, and other expenditure backup
documentation is provided to the Town for ARPA audit purposes.
DISCUSSION:
At its February 15, 2022 meeting, the Town Council allocated an additional $120,000 of ARPA
funds to the Chamber of Commerce to fund a 2022 Summer Promenade event series. During
this discussion, the Town Council asked staff about the amount of staff resources required to
create an environment where multiple events, including the Promenades, Music in the Park,
and Jazz on the Plazz, can take place safely and successfully for all stakeholders. Based on the
staff response, the Council unanimously approved the following motion:
Motion by Vice Mayor Ristow to allocate up to $120,000 of ARPA funds to the Chamber
of Commerce to produce a summer promenade series with the possibility of fewer events
if there are limited Town staff resources and with the possibility of sponsorships.
Seconded by Council Member Sayoc.
PAGE 3 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
DISCUSSION (continued):
Prior to the meeting, the Chamber had submitted a Special Event Permit application and site
map (see Attachment 1) for the 2022 Summer Promenades. Following the direction from the
Council motion, staff took time to consider how staffing resources could be allocated to support
all of the summer events and determined that seven Thursday Promenades could be supported
with specific Conditions of Approval (Attachment 2). The approved dates are June 16 and 23;
July 7, 14, 21, and 28; and August 4.,
One of the conditions of approval that varied from the request made in the Chamber’s Special
Event Permit application was the addition of beer/wine gardens, rather than allowing for an
open format for alcohol consumption along the entire street as occurred in 2021. For
clarification purposes, while these areas are being referred to as beer/wine gardens, these
areas are more flexible in that they are designated areas where beer, wine, and cocktails may
be dispensed and consumed in compliance with ABC provisions. In addition, the beer gardens
are not age restrictive for entry, rather identification is confirmed for the sales, service, and
consumption of alcoholic beverages.
Town staff believe that having more controlled environments where alcohol is sold and served
provides better control and oversight to ensure that outside alcohol is not being brought into
the event, and all those consuming the beverages have been properly identified as 21 years or
older.
Additionally, the beer garden model provides an identified purchase and consumption location
that achieves the ability to contain large groupings of people and monitor the supply and
consumption of alcohol while supporting the Council Member’s concern of preventing an
overcrowded environment. This condition, noted on page 5 of Attachment 2, allows up to
three beer gardens. The sizes and locations of the beer gardens were left up to the discretion
of the Chamber of Commerce based on their volunteer resources. Town staff also saw this as
an opportunity to create options for businesses located outside of downtown to participate in
the event.
The Chamber disagreed with this condition and made several requests for it to be removed. On
April 21, 2022, Town staff, including the Town Manager, Chief of Police, Police Captain,
Economic Vitality Manager, and Events and Marketing Specialist, met with the Chamber of
Commerce to discuss their concerns. At this meeting, staff heard from the Chamber that they
had a difficult time preventing some guests from bringing their own alcohol in 2021 as the
guests were used to bringing their own alcohol, chairs, etc. when attending music events in
Town parks. The Chamber did not believe promotional material with guidance as to how to
enjoy the Promenades would be effective. In addition, the Chamber stated that a beer garden
model was more expensive and labor intensive to implement.
PAGE 4 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
DISCUSSION (continued):
The Chamber suggested that the Town take on the enforcement issues pertaining to outside
alcohol and underage drinking. The Police Chief clarified that the two Officers would be
present for security purposes to keep the overall peace of the event. The Town does not have
resources to enforce the provisions of the Special Event Permit. The Permit conditions are the
responsibility of the event organizer. Given the 2021 experience, staff explained that the
Chamber was responsible for ensuring necessary levels of volunteers at each event, providing
educational signage related to approved alcohol consumption areas, and that the beer garden
conditions would provide for controlled dispensing and consumption area(s) while enjoying
music and the other event offerings.
In addition, staff discussed other events in Town and how these are permitted. For example,
single events, such as weekend art and wine festivals, lend themselves better to having an open
alcohol format within the full event area as most guests attend once during the event. For a
weekly event series, momentum and awareness increases with each week, and creates
opportunities for guest to come up with work arounds and creative ways to bring in their own
alcohol. While Jazz on the Plazz and Music in the Park are also weekly events, by being held in a
park, there is better containment and oversite. Also, these events are limited to guests brining
their own beer and wine, along with food, as permitted by the Town Code within Town Parks.
Jazz on the Plazz offers a hospitality tent that essentially operates similar to a beer garden with
a limited area where the alcohol is dispensed under the provisions of an ABC permit and may
not be carried or transferred outside of the gated area.
In early May, the Chamber provided staff with input that they only had the volunteer and
financial resources to have one beer garden per Promenade and thus submitted an ABC permit
application to the Town to approve with an accompanying site map noting a single
beer garden location (Attachment 3). Staff processed this ABC permit, and both the Town
Manager and Chief of Police provided their approving signatures.
On Friday, May 20, 2022, the Chamber contacted staff to share that its Board of Directors met
earlier in the week and considered cancelling the Promenades due to the restrictions of the
beer gardens. Soon after, the Mayor agendized this item for further review and discussion.
Staff is concerned that the Chamber’s acknowledgement of not having enough volunteers to
staff one beer garden lends concern to the ability to monitor and oversee the entire event area
with open alcohol consumption and no designated control parameters.
Staff has had conversations with the ABC and there are multiple ways that this event could be
permitted, with nuances associated with each format; however, from a big picture perspective,
the ABC only provides the license and permission for the expanded sales and service, and the
agency relies on the Town to set the safety and security measures that are necessary for the
PAGE 5 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
DISCUSSION (continued):
community. It is then the expectation that the applicant will follow all Town and ABC provisions
completely and responsibly.
It is important to note that the Special Event Permit process is a consistent and transparent
process that is applied equitably to applicants. There are many occasions where an application
for an event permit contains activities, locations, or other elements that Town staff cannot
support. As done with the Chamber’s Promenade application, staff works internally to identify
alternative options to offer to the applicants so that the event may still take place and be
manageable from logistics, staffing, Town Code, and other policy perspectives.
CONCLUSION AND NEXT STEPS:
With this agenda item, staff is asking the Town Council to articulate its objectives for the
Summer Promenade event series. While the Chamber of Commerce is the event applicant, the
Town is allocating $120,000 of ARPA funding for the event series, an increase of $40,000 from
the ARPA allocation in 2021, for the same number of number of events. Thus, it seems
appropriate to understand the Town Council’s objectives with the Promenades and the
environment that is intended at the events so that the event permit may be reflective of the
Town Council’s objectives.
For example, is the intent to provide an outdoor “festival” environment with the primary focus
on the event activities, such as music, food, alcohol, and entertainment that is all stationed
along the street? Or, is the intent to close the road to create a pedestrian walkway to support
an outdoor community gathering with musical entertainment while encouraging event guests
to shop and dine within existing establishments?
If the intent is a festival experience, staff recommends that the total number and frequency of
the Promenades be reduced to allow for a better allocation of staff resources, assessments, and
modifications to address any concerns. With the pandemic impact expected to be significantly
less than 2021, staff estimates a considerable increase in attendees at the 2022 Promenades.
The Town Council may also want to consider if this type of event series would be better suited
in a park so that it has defined boundaries that can be better managed by the event organizer
with its volunteer capacity.
If the intent is focused more on encouraging event guests to visit the local shops and
restaurants by offering a closed street and outdoor enhancements that invite guests into
merchant locations, then it is recommended that the alcohol consumption be limited to
designated areas such as beer gardens as outside alcohol cannot be consumed while going in
and out of downtown businesses, even those with an ABC permit.
PAGE 6 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
CONCLUSION AND NEXT STEPS (continued):
ABC prohibits the mingling of licenses, meaning that the dispensing party and licensed
boundary set forth by any single ABC license cannot be combined. Alcohol purchased within
one licensed area may not cross over into another licensee’s boundary, or a retail location
without an ABC license. Thus, having an open form of consumption does not allow for guests to
enter a retail or restaurant establishment with their beverage purchased at the event.
The Town Council is welcome to identify other objectives and staff will be prepared to support
the conversation and suggest parameters that achieve the Council’s objectives in a fun and safe
event for all ages and meets the Chamber’s intended outcomes.
Once the Council provides direction, Town staff will update the Conditions of Approval and
issue the Special Event Permit. The first Promenade is scheduled for Thursday, June 16. A
debrief of the first Promenade is scheduled at the June 21 Town Council meeting to provide the
Council an opportunity to make any other changes to the event series.
PUBLIC COMMENT:
On May 31, 2022, the Chamber of Commerce provided a letter to the Town Council via email
(Attachment 4) outlining their concerns and requested modifications to the Special Event
Permit. The Chamber highlights that their intent with the event is to create a “COVID- friendly
environment in which residents and visitors of all ages, were encouraged to walk up and down
the street patronizing merchants and restaurants and socializing, thus boosting economic
vitality.” The “proposed constraints” of the Special Event Permit “hinder the spirit, intent and
success of the event.” By creating controlled areas for alcohol sales and consumption, staff’s
intention was to find a way for the event to maintain the ability to have alcohol sales and
consumption, create clear boundaries for guests to purchase and consume alcohol, while
patronizing local businesses and enjoying the other amenities of the event.
In addition, when staff met with Chamber staff in April, it was reiterated that the permit
allowed up to three beer gardens without a size and location requirement. This permit
condition provided flexibility for the Chamber to determine the beer garden placement
throughout the event and to offer guests more space to move within the confined area. It was
also discussed that this model could use wrist bands to identify those 21 and over, and guest of
all ages could be inside the garden areas, providing an opportunity for beer gardens to be
created with alcohol dispensing points, family entertainment, and other attractions within the
defined area. The Chamber reported that this model was too expensive and labor intensive to
implement.
PAGE 7 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
PUBLIC COMMENT (continued):
On a high-level, staff remains concerned with the comments made both in the letter attached
and verbally during meetings with staff regarding the Chamber’s concerns with the cost and
labor associated with alcohol consumption oversight. The Chamber has stated that they lack
the ability to monitor smaller beer gardens yet request a format that is similar to one large beer
garden with numerous ingress and egress locations and a less defined boundary.
The Chamber describes themselves as “untrained lay people, not capable of policing
infractions.” Regardless of the number and size of beer gardens or dispensing locations, as the
event applicant, coordinator, and ABC licensee, the Chamber of Commerce is responsible to
coordinate an event that meets the provisions set forth within the Town Code and Special
Event Permit providing, to the best of their ability, a safe event environment. Likewise, it is the
expectation of the ABC that the licensee is responsible for implementing and enforcing all ABC
provisions. The Los Gatos-Monte Sereno Police Officers that are required to be onsite for the
event are not intended to replace the Chamber’s responsibility to manage the event, rather to
provide more immediate public safety presence and assistance in a crowded event.
COORDINATION:
This report was coordinated with the Police Department, Town Attorney’s Office, and Town
Manager’s Office.
FISCAL IMPACT:
The Council discussion on this matter has no fiscal impact to the Town.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Permit Application with Initial Site Map
2. Conditional Letter of Approval
3. ABC Permit and Site Map
4. Public Comment received from the Chamber of Commerce on May 31, 2022
This Page
Intentionally
Left Blank
ATTACHMENT 1
APPLICATION FEE
SPl;CIAL EVENT ;\P,PL,1CftTIOt,I,
Application fees must be submitted with the applfcation at least 60 days prior to the
event date and paid Yla check. Appllcatlons Will not be processed untll payment has
been received. Checks must be made out to the Town of Los Gatos.
All fees can be dropped off in person or maHed to:
Town of Los Gatos 110 E. Main St. Los Gatos, CA, 95030 Attn: Special Event Application Fee
Applications may also be submitted via email to the Events Specialist at chill@losgatosca.gov
For questions contact Christina Hill at chill@losgatosca.gov or 408-399-5734
New Event: $910.00 For-Profit Applicants Repeat Event: $680.00
New Event: $227.00 Not-For-Profit Applicants Repeat Event: $170.00
For other potential ..vent related fees please reference the "Special Event Guidelines and ProcedurM," documenl
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
Name of Event: Summer Promenades
Date(s) of Event: June 16, 23, July 7, 14, 21, 28, August 4, 2022
Time(s) of Event: 5:00 p.m. – 9:00 p.m.
Location(s) of Event: N. Santa Cruz Ave between W. Main St. and Bachman Ave
Permittee: Los Gatos Chamber of Commerce
Event Contact: Randi Chen
Event Contact Phone: 408-858-1803
This is a letter of conditional approval for the above specified event, issued to the Permittee and/or the
organization the Permittee represents, named above by the Town of Los Gatos based on the information
the Permittee has disclosed in the special event application and any written or verbal conversations with
Town staff regarding the event.
The purpose of the Conditional Letter of Approval is to grant the Permittee the approval to move forward
with the planning and logistics of the event under the conditions stated in this document. The Town will
issue the Special Event Permit to the Permittee after all conditions set forth in this Conditional Letter of
Approval have been addressed to the satisfaction of the Town Manager or his/her designee. Given the
non-Town agencies that may need to work with the Permittee on specific conditions, the issuance of the
final Special Event Permit may not occur until just prior to the event. If a Permittee needs additional
clarification for its work with vendors, non-Town agencies, etc., please contact the Special Events Staff for
assistance. Once the Special Even Permit is issued, the Permittee will be authorized to execute the event.
The conditions included in this document may include but are not limited to; requirements with
completion timelines concerning the time, place, scope of the event, required permits from other
government agencies, vendor provisions, payment of applicable fees and deposits, and other provisions
including but not limited to conditions to protect the safety of persons and property, provide for adequate
traffic control, and regulate the sale and service of food and/or alcohol. Specific details regarding each of
these conditions can be found in this letter.
ADDITIONAL CONDITIONS MAY ARISE AFTER THE ISSUING OF THIS LETTER OF APPROVAL AS THE
PLANNING OF THE EVENT PROGRESSES, THESE CONDITIONS WILL BE COMMUNICATED TO THE
PERMITTEE AND ADDED TO THE FINAL SPECIAL EVENT PERMIT.
The Permittee must abide by all applicable conditions listed below. Failure to comply with all conditions,
or any violation of law prior to the event will result in the denial of the Special Event Permit and therefore
immediate cancellation of the event and possibly denial of future events, fines, and/or criminal
prosecution. If during the planning of the approved event, the scope, intensity, location, type, or size of
event deviates significantly from the description provided on the special event application this Conditional
Letter of Approval will no longer be valid and the Permittee will need to submit a new application to reflect
the deviation. The Town Manager, Chief of Police and/or the Director of Parks & Public Works and/or
Streets & Parks Superintendent has the right at any time to revoke permission for an event and no rebates
or refunds of fees will be made because of such termination. The Permittee or the organization they
represent must pay all costs associated with a permitted event.
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
I. STANDARD CONDITIONAL REQUIREMENTS:
1) Permittee shall obtain all required permits and submit copies of these permits to the Town Events
Specialist prior to the event which may include but are not limited to; ABC permit, Banner permit,
Fire permit(s), Parks Use permit and Environmental Health permit(s). A copy of each permit must be
kept on file at the event.
2) Permittee or designated person shall be on-site at the event at all times to ensure compliance with
the special event permit conditions.
3) Permittee shall ensure cleanliness of the event and surrounding area throughout the event by
providing adequate trash and recycling receptacles and must submit a clean-up plan for large scale
events. The Permittee understands that he/she or their organization may be billed for cleanup costs
incurred by the Town if cleanup is not performed adequately, and/or future applications for a Special
Event Permit and/or Special Use Permit may be denied.
4) Permittee shall provide a safe environment for event attendees as determined by the Santa Clara
County Fire Department, Department of Environmental Health and Safety and/or the Los Gatos
Monte Sereno (LGMS) Police Department.
5) The Permittee agrees to protect, defend, and hold harmless the Town of Los Gatos, its elective or
appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person, or damage to
property. This applies to the Permittee, Permittee’s agents, officers, or employees, subcontractors,
or independent contractors hired by Permittee. This hold harmless agreement shall apply to all
liability, regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Permittee. The person signing this
Special Event Permit declares that he/she has the authority to bind the Permittee, and that
Permittee is bound by all terms of this Special Event Permit. In the event that the signatory lacks
such duly granted authority, said undersigned signatory personally assumes all liability for fees,
costs and damages. The Permittee further agrees to repay the Town for any and all incurred costs;
damage and clean-up to parks, streets, facilities, buildings or other property owned by the Town
which results from the above-named event. The Permittee agrees to comply with these permit
issuance conditions and any other requirements of the Town of Los Gatos.
6) Permittee shall obtain Town approved insurance. Permittee shall maintain comprehensive general
liability insurance (including coverage for damages to rented property) with policy limits of at least
$1,000,000 per occurrence. For general liability insurance policies, Permittee agrees to the following
terms and shall provide Town with a separate endorsement which states that the policy contains the
following language:
a) The Town, its elected or appointed officials, boards, agencies, officers, agents, employees, and
volunteers are named as additional insureds; and,
b) The insurer waives the right of subrogation (the right of recovery against others) against Town
elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers;
and,
c) The insurance shall be primary non-contributing. If alcohol will be served or sold, host liquor
liability must be stated within the insurance policy. Permittee shall maintain Workers’
Compensation Insurance, as required by law. Permittee shall maintain Automobile Insurance, as
required by law. No policy shall be canceled or materially changed except after thirty (30) days'
notice by the insurer to Town.
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
II. SPECIFIC CONDITIONS RELATED TO THIS EVENT
1) ARPA GRANT FUNDS
a) On Tuesday, February 15, 2022, Town Council unanimously passed a motion to allocate up to
$120,000 of ARPA funds to the Los Gatos Chamber of Commerce (the Permittee) to produce a
summer promenade series with the possibility of fewer events if there are limited Town staff
resources and with the possibility of sponsorships. The payment terms and requirements of the
grant are outlined in the attached agreement. All fees mentioned in this letter will be deducted
from the approved grant funds following the payment and reimbursement terms outlined in the
agreement.
2) PUBLIC NOTICE
a) Permittee shall notify all residents and businesses in the list provided by the Town which
includes the immediate areas and the Almond Grove area, at least two weeks prior to the event
in the form of a letter, flyer or other form of documentation. A copy of this notification must be
submitted to the town for approval prior to its distribution.
b) The Permittee shall obtain a banner permit(s) from the Town for each temporary banner placed
in Town prior to placing the banner(s). The banner(s) shall only be placed in the approved
locations. Per the Los Gatos Municipal Code, no more than three banners may be used per
event.
3) EVENT AREA USE PARAMETERS
a) The Permittee shall have use of the following areas under the following use times, for the
purposes of this permit:
i) N. Santa Cruz Ave between Main St. and Bachman Ave.
(1) Event dates and hours are permitted for Thursday, June 16, 23, July 7, 14, 21, 28, August
4 from 5:00 p.m. – 9:00 p.m.
(2) Event set-up may begin at 2:00 p.m. and event tear-down must conclude before 10:30
p.m. on the same day. The street re-opening time of 10:30 p.m. is designed to provide
the Permittee with a maximum of 1.5 hours to tear-down event equipment. However,
the Permittee shall make every effort to clear crowds and remove pedestrians off the
street at the immediate conclusion of event programming at 9:00 p.m.
(3) There shall be no programming on the N. Santa Cruz Ave within 50 feet from the main
closure points of Main St. and Bachman Ave.
(4) Band equipment may be placed on the street spanning the roadway, as shown on the
event site map, per the approval of the Santa Clara County Fire Department (SCCFD). No
stages or other similar structures may be used for the band unless they provide a 20’
clearance for emergency vehicles to enter and exit the roadways, per SCCFD’s
requirements.
ii) Town Plaza Park
(1) The Permittee may use Town Plaza Park on the permitted event dates for no more than
two consecutive hours, solely for the purposes of “yoga in the park.” No additional
event programming outside of that is permitted unless otherwise approved by the Town
ahead of time.
ATTACHMENT 2
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
(2) Alcohol sales or service are prohibited in Town Plaza Park.
(3) The Permittee is required to pay the $55 parks use fee as noted in the 2021/2022 Town
of Los Gatos comprehensive fee schedule for the hours of use.
iii) Municipal Lot 4 & Street Parking
(1) The Permittee may use four spaces in municipal parking lot 4 for the location of portable
restrooms with an approved encroachment permit from the Town of Los Gatos.
(2) The Permittee may have use of six public street parking spaces located on N. Santa Cruz
Ave. and Bachman Ave. from 1:00 p.m. – 10:30 p.m. for sound technician
vehicles with an approved encroachment permit from the Town of Los Gatos.
b) The Permittee shall be allowed to use amplified sound in the form of music until 9:00 p.m. but
mut comply with all noise level ordinances. However, if the Town receives complaints from the
public the ending time of the music may be adjusted during the event series to address these
complaints.
c) No event equipment may be placed on any open, public roadways during set-up without prior
consent from the Town.
d) Permittee must remove all event equipment from the entire event area immediately following
the event to allow for N. Santa Cruz Ave to re-open to through traffic no later than 10:30 p.m.
on the evening of the event(s).
e) If any portion of the event is outside of the permitted areas or times it may result in
termination of the event in those non-permitted areas or the entire event.
4) TRAFFIC CONTROL
a) The Permittee may commence the road closure of N. Santa Cruz no earlier than 2:00 p.m. and
must re-open the street no later than 10:30 p.m. on each event date.
b) The Town shall provide the Permittee with a traffic control plan as part of the N. Santa Cruz
closure packet. The Permittee shall be responsible for obtaining and paying uniform traffic
control devices and a traffic control vendor to implement the closure and re-opening according
to the provided traffic control plan.
c) Town staff shall utilize anti-vehicle barricades at the road closure points of Main St. and North
Santa Cruz Ave and Bachman Ave. and North Santa Cruz Ave. The barricades will be managed
and deployed by the Los Gatos Parks and Public Works Department and LGMSPD. The Permittee
shall be required to pay for all Town staff time required for the use of the barricades.
d) Roads are to remain open and unobstructed until the scheduled closure time, and only after
traffic control devices are in place and the road is safely closed to through traffic.
e) Permittee shall be responsible for posting all approved, Police-issued, “No Parking Signs,” in all
roadways and parking lots that will be closed to the public for the event no later than 72 hours
prior to the use of the space. The Permittee must use “blue tape” or other non-permanent
adhesive material or tie so as not to damage or leave adhesive residue upon the fixture the sign
is attached. Permittee shall remove all signs within two days after the event.
f) The Permittee shall be required to utilize two electronic message boards that should be in place
a week before the event to notify the public of the upcoming road closure(s). The Town may
supply these to the Permittee if the Town-owned boards are available at the time of the event.
The Permittee may be required to reimburse the Town for staff time required to place the
message boards.
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
g) Permittee shall staff all roadway closures and allow access to emergency personnel when
necessary. Drive through private property egress areas shall be blocked to prevent vehicular
access to N. Santa Cruz. Private property egress areas must be monitored by event staff.
h) S. Santa Cruz Ave. and W. Main St. shall remain open and unobstructed at all times.
i) University Ave. and adjacent side streets shall remain open and accessible to and from all
municipal parking lots.
j) All private property driveways/parking lots not leading to N. Santa Cruz Ave. shall remain open
and unobstructed.
k) Permittee shall provide staff or volunteers to monitor all points of ingress and egress,
throughout the event to ensure that all barricades and signage remain in place and un-altered.
5) SAFETY & SECURITY
a) The Permittee will be required to utilize two Los Gatos-Monte Sereno Police officers for each
event between the hours of 5:30 p.m. and 10:30 p.m.
b) LGMSPD may also require the use of a Parking Control Officer while the road closure is occurring
to ensure pedestrian and vehicle clearance for a safe and controlled closure. The Permittee shall
be required to pay for all LGMSPD personnel charges.
c) The Permittee must obtain a special event permit from the Santa Clara County Fire Department
and comply with all Santa Clara County Fire Department’s outdoor festivals and carnivals, and
any other relevant standards and specifications.
d) Fire hydrants shall remain accessible with adequate clearance from any vehicles, structures,
tents, or other barricades.
e) The Permittee shall have volunteers or other staff onsite for the duration of the event to help
maintain crowd control and an orderly program.
6) FOOD & ALCOHOL
a) The Permittee may have up to three enclosed “beer gardens” at each event, within the
permitted event area of N. Santa Cruz Ave. for the service and sales of alcohol with an approved
permit from the State Alcoholic Beverage Control (ABC). The location of the beer gardens should
be included on the event site map and shared with Town staff prior to the event date(s).
b) The Permittee must post staff, volunteers, and/or event personnel as well as signage at all
entry/exit points of the permitted alcohol service areas to ensure alcohol does not leave the
designated areas.
c) The Permittee shall include educational language on their event marketing materials and
website explaining the rules of alcohol consumption at the event.
d) It is recommended that the Permittee works with the participating businesses before the event
to explain the conditions of alcohol sales, service, and consumption at the event.
e) No alcohol consumption may occur anywhere else within the permitted event areas, including
outside alcohol or “to go,” drinks sold at businesses that have the appropriate license. Anyone
consuming alcohol outside of the permitted beer garden areas may be cited.
f) The Permittee must place signage measuring at least 11”x17” throughout the event that reads,
“No Alcohol Consumption on Street.”
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
g) The Permittee and their staff must ensure that alcohol is only served or sold to individuals
possessing a valid ID verifying that they are over the legal drinking age of 21. The Permittee may
choose to utilize an age-identification mechanism (after age has been verified) such as a wrist
band or a designated beverage container.
h) The Permittee shall be responsible for training staff and volunteers prior to the event to identify
individuals who have consumed an excessive amount of alcohol and may be a danger to
themselves or other individuals and shall not allow that individual to purchase any additional
alcohol. The Permittee shall escalate to the appropriate authorities if the situation deems
necessary, to ensure the safety of the public and the Permittee.
7) HEALTH & CLEANINESS
a) This Conditional Letter of Approval is being issued under the assumption that the event named
in this letter will be permitted to occur on the requested event date under State and County
orders. In accordance with Town Code Section Sec. 14.100.045. the Town reserves the right to
change or revoke this conditional letter, and thus cancel the event, if new federal or local
guidelines or requirements are issued that would prohibit this event, or environmental factors
at the time of the event persist or worsen from the current condition and the event would
jeopardize the health and safety of the public.
b) The Permittee must comply with all COVID-19 Federal, State, and County Public Health Orders,
requirements, restrictions, and guidance pertaining to the event program and activities. Failure
to comply with these measures may result in fines, and/or immediate cancelation of the
event(s) from State, County or Town officials. Information on current COVID-19 requirements
can be found at www.covid19.sccgov.org/home and www.covid19.ca.gov/safer-economy.
c) The Permittee shall clean the entire event space immediately following the event. A pre and
post event evaluation of the entire event space will be performed to determine any
necessary clean-up or repair costs. If any charges are incurred a report and invoice will be
provided to the Permittee by the Town within 30 days of the event.
d) The Permittee shall be responsible for providing additional trash and recycling receptacles to
accommodate for the additional traffic. They must also be responsible for emptying all trash and
recycle bins, including Town bins, in the event area and placing them into a dumpster provided
by the Permittee.
e) The Permittee must ensure the number of toilets is adequate for the number of anticipated
attendees and meets all Department of Environmental Health standards to ensure no public
urination or the unauthorized use of adjacent private property restrooms without prior approval
from the property owner. If using private restrooms, the Permittee must submit this in writing in
their plan and indicate that they have received approval from the business owner to direct
attendees to use their private restrooms.
Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030
408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca
TOWN OF LOS GATOS
SUMMER PROMENADES
LETTER OF CONDITIONAL APPROVAL
Permittee Date
Laurel Prevetti, Town Manager Date
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Intentionally
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ATTACHMENT 3
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
May 27, 2022
Dear Council Members,
Thank you to the Town Staff - Laurel Prevetti, Chief Field, Monica Renn and Christina Hill for meeting
with us a few weeks ago to discuss our concerns about the new rules and restrictions imposed on the
Summer 2022 Promenade events. As you all know, we are discouraged with the final decision requiring
us to sell alcoholic beverages in designated beer gardens. This plan completely defeats the purpose and
does not at all honor the spirit or the intent of the “Promenades”. We tried to stress this concern to
staff, but no one seems to be listening. On February 15, the Council voted unanimously to give the
Chamber an ARPA grant in the amount of $120,000 to produce a series of Promenades that best
reflected last year’s events.
Thanks also to the Council members for meeting with us individually to listen to our concerns and
special thanks to Mayor Rennie for putting this item on the June 7th agenda.
We feel strongly that Council needs to discuss this topic in a public forum so our merchants, restaurants
and residents can weigh in with their thoughts. We believe the proposed constraints the staff has
imposed will hinder the spirit, intent and success of the event. The intent, as you know, was to create a
safe, COVID- friendly environment in which residents and visitors of all ages, were encouraged to walk
up and down the street patronizing merchants and restaurants and socializing, thus boosting economic
vitality.
To be collaborative and good stewards of the values in our community, we are open to entertaining
alternative solutions that will appease the staff when it comes to managing the alcohol and beverage
service at these weekly events. For starters, ABC rules have tightened since last year, so we must make
adjustments to comply.
My staff and I were also concerned about alcohol overconsumption and underage drinking last summer.
After the second Promenade, we hired LGMS police officers to ensure that the events were safe for all.
As our debrief notes reflect, we had very few complaints.
We shared with the staff our ideas for additional safety protocols for this year’s events. The ideas
included but were not limited to the following:
•check individual IDs and issue wristbands (ABC)
•sell alcohol (sold streetside) via token or ticket (ABC)
•sell no more than two beverages at a time (ABC)
•post volunteers at each event egress and ingress (ABC)
•post signage on How to Promenade so everyone understands the expectations – social media,
website, and day-of on site
•get a DEH permit as necessary
•end street side alcohol sales at 8 p.m. – one hour before end of event
ATTACHMENT 4
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
After much deliberation with the Chamber Board and staff, stakeholders and the local ABC officials, here
are the two options we hope the Council will consider and discuss on June 7.
1. The entire event is one enclosed beer garden as it was last year (Main Street-Bachman).
Chamber agrees to follow all ABC rules and additional guidelines (as stated above), but
attendees will be able to move about and promenade freely. We anticipate 5-6 dispensing
points. This option also allows for off N. Santa Cruz restaurants the chance to participate. It
also equals the playing field for all and does not give any one business an unfair advantage.
2. The Chamber does not get an ABC permit. Restaurants must follow the ABC rules in
accordance with their licenses. Chamber will post signage explaining that open containers
are not allowed on the public street. As untrained lay people, we are not capable of policing
infractions if there are any. For all intents and purposes, choosing this option would make
the Promenades alcohol-free events.
Of course, we think it is in the Council’s best interest to go for option 1. This option will require more
staff and administration for the Chamber, but we are willing to do it for the benefit of our businesses
and for the enjoyment of our guests. This option preserves the integrity and spirit of last year’s events.
If the staff insists, and the Council concurs with their recommendation that we silo the event into beer
gardens, we will not do them at all.
Thank you for your time and we look forward to discussing these options and answering any questions.
Catherine, LG Chamber staff, LG Chamber Board