July 23, 2003     Los Gatos, California Since 1881
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Result of Monte Sereno's special events discussion: No decision
By Lisa Toth
An ordinance draft generated a lot of discussion but nothing was settled by Monte Sereno City Council members at their July 15 meeting.

The ordinance under debate was designed to regulate special events in the community. It would now require a permit to be filed at least 30 days prior to special events of more than four hours on busy streets, and more than 12 hours on more residential, secluded streets.

Councilman Erin Garner was opposed to moving forward with revising the ordinance draft, while council members Barbara Nesbet, Mark Brodsky and Curtis Wright supported pursuing the ordinance, written and revised by City Manager Brian Loventhal and an assistant. Monte Sereno Mayor David Baxter was absent from the meeting.

"Every time we consider this, we focus on one event," Garner said. "The ordinance was built to address no other incident."

The event Garner was referencing was the elaborate Christmas lights display at the home of Monte Sereno residents Alan and Bonnie Aerts, which raised about $10,000 for Toys for Tots last year.

During the meeting, council members talked about special events as parades and with the metaphor of an Italian festival but didn't refer to any special event as a Christmas lights display. When asked why the special event wasn't referred to as a Christmas lights display after the meeting, City Attorney Bob Logan refused to comment.

Logan said during the discussion that he was concerned the ordinance was "treading" on First Amendment rights and questioned whether the council would actually be looking into whether the ordinance affects any other special events.

After the meeting, Brodsky said the Christmas lights display was not the issue at hand.

"The issue is what gives you as a neighbor the right to turn a street into a public nuisance," he said.

Wright also claimed the ordinance isn't about just one incident.

"I think it's just a valuable thing to have," he said.

Aerts admitted his display on Danielle Place draws a large crowd to his residence and said he anticipates the council will be shutting down his display this year.

"I don't want to be known as a troublemaker in this community," Aerts said.

He added that he'll be disappointed if the ordinance passes because so many members of the community enjoy his display, with the exception being the residents of the court who endure the traffic and noise generated by the display.

"It's a terrible can of worms—it really is," said Barbara Allen, a 41-year resident of Monte Sereno. She said in all the time she has lived in the city there have never been any major special events, other than the Christmas lights display, a Halloween display also hosted by Aerts and the Great Race, which passes down Highway 9 once a year.

"My main concern is that this is going to step on someone's constitutional rights," said Monte Sereno resident Lana Malloy. "The ordinance is written for a city that has to maintain businesses. Monte Sereno doesn't have any businesses."

Malloy and Allen were both opposed to the ordinance because they believe it's not a requirement of the council to regulate special events when businesses are not involved.

While this issue has been on the city council's agenda for the past few weeks, Malloy said Monte Sereno residents need to know council members are discussing this ordinance.

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