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M12-03-12P a g e 1 Council Meeting 12/17/12 Item #1a MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY DECEMBER 3, 2012 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, December 3, 2012 at 7:00 P.M. MEETING CALLED TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Steven Leonardis, Council Member Diane McNutt, Council Member Joe Pirzynski and Council Member Steve Rice Absent: None PLEDGE OF ALLEGIANCE Jaan Jafri, from Daves Avenue Elementary School led the Pledge of Allegiance. PRESENTATIONS  Sharon Childs presented a donation from the Los Gatos Community Foundation to the Town of Los Gatos and Mayor Spector thanked the organization for its donation.  Raania Mohsen, Executive Director, described the work of the Cities Association of Santa Clara County. CLOSED SESSION REPORT There was no closed session for this meeting. COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Leonardis commented that the 56th Annual Holiday Parade was a success thanks to the hard work of staff and volunteers. P a g e 2 Manager Matters Greg Larson, Town Manager - Commented that the Town Employee Foundation is hosting a Toy Drive and people can drop off new toys at Town Hall, the library, Parks and Public Works and the Community Development Department. - Commented that Bruce Smith, Capital Projects Manager, is retiring from the Town after 24 years of service. Did You Know?? Dianne Anderson, Chamber of Commerce - Commented on the importance of shopping local and described the holiday activities in Los Gatos. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of November 19, 2012 2. Update to the Town’s purchasing manual to include policies and guidelines for the purchase of environmentally preferred products and services 3. Annexation Application AN-12-003. Project Location: Shannon Road, between Englewood Avenue and Bonnie Lane. Applicant: Town of Los Gatos Adopt resolution setting date for consideration of reorganization of an uninhabited area designated as Shannon Road No. 24. approximately 1.42 acres of right-of-way MOTION: Motion by Council Member Steve Rice to approve Consent Items #1-3. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS There were no verbal communications for this meeting. PUBLIC HEARINGS 4. 41 N. Santa Cruz Avenue - Architecture and Site Application S-12-023. Conditional Use Permit Application U-12-016. Requesting approval of exterior modifications to an existing commercial building (Los Gatos Theater), and to modify an existing conditional use permit which includes allowing special events with the service of alcohol on property zoned C-2. APN 510-44-031. Property Owner: Three Sisters LLC. Applicant: Gary Kohlsaat, Architect Suzanne Avila, Senior Planner, presented the staff report. P a g e 3 Item #4 – Continued Council Questions - Questioned the layout of the balcony seating. - Questioned whether smoking would be permitted on the outdoor patio based on the current ordinance. - Questioned the previous hours of operation. - Questioned whether there is access to the second floor through an interior staircase. - Questioned security concerns about whether people attending movies could go to special events on the second floor to obtain alcoholic beverages. - Questioned whether there would be first run movies. Ms. Avila - Commented that the indoor balcony seating is part of the main theater. - Commented that Council could determine whether smoking is permitted outside. - Commented that there were no special event permits under the previous CUP and the hours of operation were 9 a.m. to 2 a.m. - Commented that the architect is working on the floor plan in an effort to reduce commingling of events and that security would be required by an operating agreement. Mr. Larson - Commented that Condition #9 on page 2 addresses alcoholic service to people who are not attending the special event and Condition #10a prevents patrons from consuming alcoholic beverages outside the screening room. Mr. Kohlstaat, Applicant - Commented on the need to preserve the local theater and that the owners are families committed to the community. - Described the key features of the project and its vision. Council Questions - Questioned whether there is a food preparation area. - Questioned the genesis of the exterior balcony. - Questioned the location of the elevator and indoor balcony. Mr. Kohlstaat - Commented that there is no food preparation area, except in the concession area , so food for special events would be catered. - Commented that the exterior balcony allows patrons to appreciate the beauty of L os Gatos and described the entire floor plan of the structure. P a g e 4 Item #4 – Continued Open the Public Hearing Mr. Verga - Expressed concern about the proliferation of alcohol service downtown. Ms. Quintana - Encouraged Council to continue the project for further definition. Mr. Van Nada - Expressed concern about the increase in traffic, parking and alcohol related incidents because of the special events that would occur at the theater. Ms. Risto - Commented that retaining a theater downtown is important, but expressed concern about the possibility of the theater turning into a special event center. Ms. Kroll - Expressed support for the architect and owners of the theater. Mr. Tedford - Expressed support for the proposed project. Mr. Kohlstaat - Commented that there will be no increase in traffic or parking needs based on what was already approved. - Commented that at least 75% of the operating hours must be used to show movies. Council Questions - Questioned how sound would be contained, given that amplified music is allowed. - Commented on the provision regarding the Police Chief's oversight and a one year review. - Questioned the frequency of special events and whether they could occur upstairs and downstairs. - Clarified that there cannot be more than 10 special events per month, and an event approved by the Chief is included in the 10 cumulative special events per month. - Clarified that the occupancy is 388 total, and the capacity of the second floor is 94 people. P a g e 5 Item #4 – Continued Mr. Kohlstaat - Commented that caterers will bring food for the second floor, which will have its own bar and concession area, but no food preparation area. - Commented that music will not be the focus of the types of events hosted. Commented that the applicants are amenable to working with the community and staff. - Commented that special events will be mainly held upstairs. Mr. Larson - Clarified that the Police Chief would have to approve any special event in the downstairs area 14 days prior to the event. - Commented that ABC regulations would apply to service of alcohol where minors are present. Closed the public hearing. Ms. Avila - Commented that the current Conditional Use Permit (“CUP”) is silent regarding live presentations. Council Questions - Questioned whether Police Chief would have discretion regarding special events. - Questioned whether other local theaters allow alcohol service. Mr. Larson - Commented that the CUP has a number of protections as written, such as Condition 16 regarding notice to Police Chief for all special events and Condition 9 requires approval of the Police Chief to allow for alcohol service in the main auditorium. The Mayor re-opened the public hearing for a limited purpose. Mr. Kohlstaat - Clarified that some local theaters in the area have full service bars. Council Questions - Expressed concern about pedestrian safety, given that people will be on the upstairs balcony. Council stated its disclosures. P a g e 6 Item #4 – Continued Mr. Larson - Commented that the balcony is closed during public movies and the Council may limit balcony hours and require closed doors at certain times. - Commented that smoking is not allowed in the fixed seating area but may be allowed when there is no fixed seating. Council Discussion - Expressed support for the proposed project because it saves the local theater and provides some retail. - Commented that the balcony outside was used in the 1960s and 1970s. MOTION: Motion by Council Member Diane McNutt to approve the A&S and CUP applications with the following changes to the conditions: - Conditions #6, #8, and #14 change “balcony” to “outdoor balcony” - Add the following sentence to Condition #14, “No smoking shall be allowed on the outdoor balcony.” - Condition #3 - remove the word “new” in front of “feature length” - Add a condition stating that the balcony closes at midnight on Friday and Saturday and 11 p.m. on Sunday through Thursday Seconded by Council Member Steve Rice. VOTE: Motion passed 4/1. Vice Mayor Leonardis voted no. ADJOURNMENT The meeting adjourned at 8:58 p.m. Attest: /s/Heather St. John Deputy Clerk