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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 This Page Intentionally Left Blank 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