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Correspondence - 2009Page 1 of 3 Kirk, We originally met with you and Francine over 1 year ago to talk about our business plan, at that time you were (or seemed to be) very excited that someone was actually going make a real attempt and cleaning up 201 Orchard City Or. and giving the business what it needed. Good food, good drinks, good music was our business plan then and still is today. In your words the location had "no curb appeal" and the food "sucked". So as of today we have done nothing different than what we had originally talked to you and Francine about, clean up the business/building tremendously (all at our cost) and completely change the food - again exactly what you stated the location needed. The second time we met with you along with the prior police chief Dave Gullo and current police Chief Greg Finch. At this meeting we discussed more information about the business and Dave Gullo himself stated "I have been here for many years and im gonna call aspade aspade -that location (201 Orchard City Dr.) has always been a bar and always will be a bar, but 10 years ago someone (Sam) added a kitchen to it, now it is a bar with the option for food". We remember this clearly as it was just months ago, maybe you agree or disagree but at least you were present with us. It is very clear that the City of Campbell thinks The Spot is operating as a nightclub, that could not be farther from the truth. We are restaurant/bar and have never advertised for any kind of nightlife, we do not have an entertainment permit therefore we cannot have bands or Dj's of such, we do not have a dance floor, we do not have a cover charge, all of these things which are key components of a nightclub atmosphere. We are a place to come enjoy some great food (provided by our Chef Louis Silva - also the head Chef at Sonoma Chicken Coop and has his own restaurant as well) , have a cocktail and listen to music that is played on our house system via satellite radio. Our food business is slow but growing on a daily basis, even in this rough economy. We feel that our largest area of potential growth is with our kitchen. However this location has never been known for good food or a destination place for dining out. With all our hard work, time and money invested in our restaurant we hope to make this location a food icon within the downtown Campbell area - we are excited ! We open our doors daily at 4pm Wednesday -Sunday and offer a full menu till llpm, nothing different than say -Sonoma Chicken Coop, Outback Steakhouse, Katie Blooms or the prior Kings Head even. We feel as if we are operating within the means of our Conditional Use Permit and under the City's zoning code (section 21.72.020(2)) which states that "Alcoholic Beverages...are allowed if incidental to the primary purpose of consumption of food and beverages in the restaurant. Our primary business is service of food upon which we do 7 hours a day and the remaining 2 hours of business is cocktails, music, etc. -again nothing different than other local Restaurant/Bars. As for your reply about our business finding it necessary to require a "weapons search" of patrons please re-read the attached letter as it states: "The suspect had visited three other establishments prior to coming to The Spot that night; Katie Blooms, Cardiff Lounge, and The Brass Rail in Sunnyvale, all of which he was never searched for weapOnS. ThIS iS Customary praCtlCe. -meaning the The Spot does not search for weapons either. Also we do consider our 16 camera surveillance system worthy, after all it was recommended by the Campbell Police (Capt. Dave Carmichael), it is connected to our alarm system for safety, most restaurants (Campbell included) always have cameras, and without it the suspect from that very unfortunate night of May 10th would have never been caught. It has never been our intention to make any kind of problems with the City of Campbell, in fact quite the opposite. Our hope is to have a great long term working relationship between the City of Campbell and The Spot. We thank you for the reply and the opportunity to come meet with you on Tues. June 9th at 1:30, which we have already arranged with your secretary Corinne. See you then. Regards, -The Spot Subject: RE: In Response to - "Crime in Campbell" Date: Tue, 2 Jun 2009 14:27:26 -0700 From: KIRKH@cityofcampbell.com To: setirc@hotmail.com CC: GFinch@cityofcampbell.com; Dann@cityofcampbell.com; william22@earthlink.net; CORINNES@cityofcampbell.com; TIMH@cityofcampbell.com; ciddyw@cityofcampbell.com Aaron, The stabbing incident aside, I have serious concerns about the compliance of your establishment as a restaurant under the terms of your Conditional Use Permit. A restaurant or cafe is defined under the City's zoning code (section 21.72.020(2)) which states that "Alcoholic Beverages...area1lowed if incidental to the primary purpose of consumption of food and beverages in the restaurant..." While I understand you have made available food service, that alone is not enough. It also concerns me that as a restaurant you find it necessary to require a "weapons search" of patrons and the need for 16 security cameras. 1 would like to meet with you to discuss the on-going concerns staff has with this operation. Please call my secretary Corinne @ 866-2140 to schedule a time we can meet. Kirk Kirk Heinrichs, AICP I Community Development Director City of Campbell I Community Development Department ki rkh@ci tvofca m Abel Lcom S 408.866.2732 I ~ 408.871.5140 6/8/2009 March 16, 2009 Dear Tim Haley and The City of Campbell, First of all we would like to thank you (Tim Haley) for coming to our location and seeing what we are so very proud of and how much our venue has changed for the better of the Campbell community. We understand the issue at hand of our food service and we are working very diligently to make any/all changes to bring us into compliance with our current Conditional Use Permit. We hope The City of Campbell understands that working through our complete remodel and restructure in this time of such a rough economy has been very hard for us, with no bank lending or credit available it took much more time and money than originally planned. We are just two guys pouring our hearts, souls and life savings into something we have always wanted and believe in. With that said we are very excited to say "We are almost there".Our restaurant is due to be completely done, open and operational by April 15Y. We have attached a copy of our proposed concept menu and what our initial regular posted service hours will be. Again, we apologize for any inconvenience or lack of communication with The City of Campbell's Planning Department, the Community Development Director, Police, Redevelopment Department, or any other portion of the city, this was never our intention. We believe that our end result will be a place The City of Campbell and the Cariipbell community will be very proud of, The Spot -Food-Drinks-Music. Sincerely, Aaron Crites and Jarred Gallo Owner/Operators THE ___ SPOT