06 Desk Item - 408 N. Santa Cruz AvecowN nF MEETING DATE: 9/5/06
ITEM NO:
DESK ITEM
io "os COUNCIL AGENDA REPORT
3 G At
DATE: September 5, 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.
REMARKS:
Attachment 17 (noted below) was received after the report was completed.
Attachments:
Previously Submitted: (Copies are available for review in the Clerk Administrator's Office)
1. Planning Commission Report dated June 8, 2006 which includes:
a. Memorandum from Scott R. Seaman, Chief of Police, dated May 31, 2006 plus
attachments
b. Memorandum from Roy Alba, Code Enforcement Officer, dated May 30, 2006
plus attachment
c. Business Owner's Statement prepared by Kent G. Washburn, dated June 2, 2006.
d. Letter to Cynthia Goguen dated April 28, 2006
e. Planning Commission Report dated May, 4, 2006
f. Planning Commission Desk Item dated May, .10, 2006
g. Letters from Los Gatos Shopping Center, LLC dated April 28, 2005 and February
28, 2006
h. Conditional Use Permit U-94-44
i. Planning Commission Desk Item dated June 14, 2006
r
PREPARED BY: BUD N. LO Z
DIRECTOR F COMMUNITY DEVELOPMENT
Reviewed by: -KS-~Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL OF 408 N. SANTA CRUZ AVENUE.
September 5, 2006
2. Planning Commission Report dated June 23, 2006 which includes:
a. Required Findings for Modification of CUP
b. Draft Conditions of Approval
c. Letter from Kent G. Washburn dated June 19, 2006
d. Planning Commission Report dated June 8, 2006
e. Town Alcohol Policy
f. Planning Commission Desk Item dated June 28, 2006
3. Verbatim Transcript of Planning Commission meeting of June 14, 2006
4. Verbatim Transcript of Planning Commission meeting of June 28, 2006
5. Appeal of Planning Commission Decision Form filed July 24, 2006 and Proof of
Service (Certified Mail and Return Receipt Requested forms) dated July 26, 2006.
6. Resolution 2006-1
7. Email from Norman Matteoni dated August 8, 2006 (1 page)
8. Letter from Norman Matteoni received August 10, 2006 (2 pages)
9. Fax from Norm Matteoni received August 15, 2006 (3 pages)
10. Fax from Kent G. Washburn received August 16, 2006 (3 pages)
11. Fax from Kent G. Washburn received August 17, 2006 (1 page)
12. Fax from Kent G. Washburn received August 17, 2006 (6 pages)
13. Fax from Kent G. Washburn received August 18, 2006 (1 page)
14. Calls for Service Spreadsheet from Police Department (3 pages)
15. Chart of Seating at Bars (1 page)
16. Chart of Total Calls per Seat (1 page)
Attached:
17. Email from Paul Dubois received August 31, 2006 (2 pages)
BNL:mdc
NADEV\CNCLRPTS\2006\408 NSC TC 090506.doc
Page 1 of 2
Bud Lortz - Last Call
From: "P Dubois" gdubois@tomasidubois.com>
To: "Joe Pirzynski (Joe Pirzynski)" <pirzynski@mitty.com>, <Jpirz@aol.com>, "Ira Spector"
<ira.spector@comcast.net>, "Diane McNutt" <dmcnutt@town.los-gatos.ca.us>, "Mike
Wasserman" <mwasserman@aol.com>, "Steve Glickman <steve@glicktech.com>
Date: 8/31/2006 5:46 PM
Subject: Last Call
CC: "Bud Lortz (Bud Lortz)" <blortz@town.los-gatos.ca.us>
Mayor McNutt, Vice Mayor Pirzynski, and Councilpersons Spector, Wasserman and Glickman
It was my intention to attend next Tuesday's meeting to speak on the Last Call issue. I find that l am unable to
attend as I will be in DC.
The summary of what I was going to say is as follows:
My conclusions are based on my background of 13 years in Law Enforcement with an agency the same size as
Los Gatos, where I served as a patrolman, sergeant, detective, watch commander, acting lieutenant and division
commander. Following law enforcement, I have served 20 years as a law enforcement trainer, dealing specifically
with reducing calls-for-services through crime prevention. Plus my occupation requires me to constantly analyze
law enforcement calls for services in different environments to assess potential treats.
The fact, that I have operated a Los Gatos business for 25 years.
And I am a former Los Gatos Planning Commissioner.
According to information supplied to me by the planning department the Last Call is responsible for 1,218 Called-
For-Services (CFS) between November 1999 and May 2006. Of the 1,218 CFS's, 189 were serious (Part one or
serious Part two Crimes). The others were anything from bar checks to disturbances. This amounts to 16 CFS per
month (one per month is serious).
Any CFS can tie one or more officers up from minutes to hours. Also a Police agency is only one CFS away from
"the perfect storm" of CSF's that can overwhelm the on-duty staff; particularly in a small city (I have experienced
it). Therefore all police agencies look carefully at what is impacting CFS. Just as an example - it is a fact that
98% of all alarm calls are false, usually alarm owner errors. To reduce this unnecessary impact on Police
services, cities passed Alarm Ordinances which in Los Gatos cause fines after 2 or 3 in a defined period, and no-
response after more. This places the burden on the alarm-owner to reduce false alarms and eliminates
unnecessary CFS. In my quarter of a century in LG my office has caused 4 police CFS (all alarms and not in the
same year).
A business that causes 16 CFS per month (one serious) is a problem. In this case (just like the alarm ordinance)
the community has a tool to stop this impact on the Police Department. That tool is, of course, the Conditional
Use Permit (CUP). Like alarm ordinances CUPs were also developed to help control the impact that businesses
serving alcohol may have on the community and its law enforcement agency.
I believe that the Planning Commission (except Commissioner Talesfore) came to the wrong decision when it
decided to reduce hours and not pull the permit. If the point of that action was to make it difficult for the bar to
succeed (perhaps a restraint of trade), it has not solved the problem. The problem_is a bar in which the owner,.
over a 77 month period, has proven he or she is unable to operate a business that serves alcoholic
beverages according to the conditions established in their permit. They have had 1,218 contacts with LG
Law Enforcement over their problem. Plenty of warning.
I can't ever remember when a Los Gatos Police Chief has asked to pull a CPU. An action also supported by the
planning staff. As these people have appealed the decision of the Planning Commission, I see this as an
Attachment 17
file://C:\Documents and Settings\blortz\Local Settings\Temp\GW}00001.HTM
Page 2 of 2
opportunity to do what staff and the Police Chief are asking.
Pull the CPU before a LG citizen or Officer is hurt as a result of the Police attending to one LG business 16
times per month.
Paul Dubois
pdubois@tomasidubois.com
file://C:\Documents and Settings\blortz\Local Settings\Temp\GW}0000I.HTM 9/5/2006