13 Addendum 2 - 408 N. Santa Cruz AvetowN o,MEETING DATE: 8/21/06
ITEM NO:
r1 ADDENDUM
s COUNCIL AGENDA REPORT
~g GASO
DATE: August 18, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
REGARDING MODIFICATIONS OR REVOCATION OF CONDITIONAL USE PERMIT U-
94-44 (GOGUEN'S LAST CALL) FOR THE OPERATION OF A BAR ON PROPERTY
ZONED C-2. APN: 529-07-046. PROPERTY LOCATION: 408 N. SANTA CRUZ AVENUE.
PROPERTY OWNER: LOS GATOS SHOPPING CENTER, LLC. APPELLANT: CYNTHIA
GOGUEN.
REMARK:
The attached information was received after the staff report was completed.
Attachments:
1.-12. Previously Submitted
13. Fax from Kent G. Washburn dated August 18, 2006 (1 page).
Distribution:
Cynthia Goguen, 408 N. Santa Cruz Ave., Los Gatos, CA 95030
Jim Zanardi, 16401 S. Kennedy Rd, Los Gatos, CA 95030
Kent Washburn, 123 Jewell Street, Santa Cruz, CA 95060
William Conners, P.O. Box 1521, Pebble Beach, CA 93953
Norman Matteoni, Matteoni, O'Laughlin & Hechtman, 848 The Alameda, San Jose, CA 95126
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PREPARED BY: PAMELA JACOBS
ASSISTANT TOWN MANAGER
Reviewed by: Assistant Town Manager
Clerk Administrator Finance _
Town Attorney
ommunity Development
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U8/18/2006 14:28 8314596127 KENTGWASHBURN
YCENT G. WASHBURN
ATTORNEY AT LAW
VOICE: (831) 4,8.9777
FAX: (831) 459•6127
FAX MEMORANDU1V>
Date: 8/18/06
Number of .Fakes:
To: Mr. Otry Korb
Re: The Last Call
PAGE 01/01
W JEWELL ST.
SANTA C'RU7„ CALIFORNIA 95066
Message: This confirms and expands upon my conversation with you this rnorning. You
asked if my client and I believe she is entitled to and is requesting a continuance. I said "Yes."
The i:irst reason for the request is that we did not receive the staff report until yesterday evening,
after I had faxed my letter of August 17, 2006 to the Town offices. Therefore 1 was in effect
replying to an accusation. I had to guess at but never had seen. I note that the staff report is dated
August 15, which makes me wonder why 1 did not see it until the evening of the 17",
The sccon.d reason for the request is that we still have not been given access to the police report
information we need to prove that the police and planning departments are not telling the Council
the truth about what the reports show, either a) about the Last Call and the actual volume of calls it
generates, or b) the comparative analysis of Last Call calls and other Los Gatos bar calls.
We are not asking for the continuance because of late mailing of notice by the Town. My client got
the certi f ed mail notice in a timely way and simply failed to see that staff had :Filled in the blank
with the actual date. It was our mistake.
We are. sensitive to the fact that the public has been invited to speak to the issue. Perhaps the fairest
way to proceed would be to allow members of the public who are there to speak and continue the
matter open to a date certain.
What date certain? A date that gives us a fair chance to obtain and analyze the police reports.
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