Item 18 Staff Report Adopt Resolution Approving Amended Los Gatos Downtown Neighborhood Center Policies and ProceduresTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: March 5, 1992
TO: MAYOR AND TOWN COUNCI
FROM: TOWN MANAGER
COUNCIL AGENDA
DATE: 3/16/92
ITEM NO. / g
SUBJECT: ADOPT RESOLUTION APPROVING AMENDED LOS GATOS DOWNTOWN
NEIGHBORHOOD CENTER POLICIES AND PROCEDURES
RECOMMENDATION:
Adopt the attached resolution approving: 1) an amendment to the Neighborhood Center Policies and
Procedures regarding insurance requirements; and 2) guidelines for Town employees' use of the Center.
BACKGROUND:
Revised Downtown Neighborhood Center Policies and Procedures were adopted on October 21, 1991. New
rates for use of the Center were established earlier in 1991 through Resolution 1991-94.
DISCUSSION:
1. Neighborhood Center Policies and Procedures
The Policies and Procedures are included in this report as Exhibit A to the draft resolution (Attachment 1).
The document was amended last October to include standard insurance requirements recommended by
ABAG.
Many of the agencies and individuals applying to use the Center are burdened by or are having difficulty
meeting the Town's requirements. For example, the Alcoholics Anonymous group must pay $750 annually
to meet insurance requirements. Narcotics Anonymous has received a quote of $1,100. Both groups are
considering locating to another facility. An informal survey of insurance costs for private parties indicates
that prices range from no cost if the applicant already has liability insurance to $150.00. Estimates range
from 0 to $400 if alcohol is served.
Nine comparable community centers were surveyed regarding their insurance requirements. Of these, six
are in the ABAG insurance pool. None of them require liability insurance for general meetings or events.
One requires insurance for fundraising activities. Four require insurance if alcohol is served. The revised
policies and procedures require applicants to provide certificates of insurance only if they intend to serve
alcohol.
PREPARED BY: Regina A. Falk
Community
RAF:dr
CSD013:A: CNCLRPTS\NABORHOD.002
s Director
Attachments: See list of attachments on page 2.
Distribution:
3/5/92 2:33 pm
File #
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTIONS APPROVING AMENDED LOS GATOS DOWNTOWN NEIGHBORHOOD
CENTER POLICIES AND PROCEDURES
March 12, 1992
2. Town Employee Use of the Neighborhood Center
An internal policy was adopted in the early 1980's which allowed Town employees to use the Neighborhood
Center at no cost for private parties held for themselves and their immediate family. During staffs review
of Neighborhood Center Policies and Procedures, it was noted that there is no Council adopted policy
specifically addressing Town employee use of the Center.
Because Council sets all fees, fees charged to Town employees must also be established. It is
recommended that:
•
•
employees be considered"residents" when determining use fees (resident rates are approximately
half of non-resident rates;)
employees or their spouses may reserve a room or rooms in the Neighborhood Center one time in
every calendar year;
use is restricted to private parties.
The recommendation is based, in part, on a recent survey. Staff surveyed ten comparable centers regarding
their policies on this issue:
•
Five centers charge employees "resident" as opposed to higher "non-resident rates.
Five centers provide no discount or subsidy although one of these is considering exempting
employees from paying fees.
An alternative to this recommendation would be to require all employees to pay the full fee according to their
residence. However, this would eliminate a perceived employee benefit. The proposed guidelines are a
compromise in that they provide a limited discount similar to what neighboring jurisdictions provide and are
consistent with other jurisdiction's policies.
FISCAL IMPACT:
If the resolution revising our insurance requirements is not adopted, it is likely that we will receive fewer
applications and revenues will decrease.
ATTACHMENTS:
1. Draft Resolution.
2. Fee Schedule
3. Survey of Insurance Requirements for Use of Community Centers.
4. Survey of Policies Regarding City Employees Use of Community Service Facilities
ATTACHMENT 1
RESOLUTION 1992-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS
DOWNTOWN NEIGHBORHOOD CENTER
WHEREAS, the Town desires to provide policies and procedures
through which individuals and organizations can rent the facility
on an hourly basis; and
WHEREAS, the insurance coverage required of community service
groups for use of the Neighborhood Center may deter them from using
the facility and may, consequently, jeopardize community benefit;
and
WHEREAS, the Town wishes to provide guidelines for discounting
rates to community service groups;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
HEREBY RESOLVE AS FOLLOWS: that the Los Gatos Town Council does
hereby adopt the Resolution 1) providing policies and procedures
for use of the Los Gatos Downtown Neighborhood Center, attached as
Exhibit A; and, 2) establishing the Town employee rate at the
residential rate as defined in the policies and procedures for
private events.
FURTHER RESOLVED, this Resolution supersedes Resolution 1991-
-227.
CSD08:A:\RESOS\CS031692.R00
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 16th day
of March, 1992, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS031692.R00
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
-2-
EXHIBIT A
LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER
POLICIES AND PROCEDURES
PURPOSE
To set forth policies and procedures for use of the Neighborhood Center on an hourly basis.
SCOPE
This policy applies to the Neighborhood Center.
POLICIES AND PROCEDURES INDEX
I. Reservations
A. Applicants
B. Procedures
C. Facility
D. Fee Schedule
II. Use Regulations
Fee Schedule
I. RESERVATIONS
A. APPLICANTS
1. Eligible Applicants
The Downtown Neighborhood Center may be scheduled by the categories of users
listed below:
Category I: Community Service Groups
Groups qualifying as community service groups include the following:
Nonprofit organizations which have obtained 501 (c)3 ruling from the State
(must be documented by ruling letter from State).
Los Gatos Service and Community organizations - groups which provide
recreational, cultural, leisure or other community service activities to Los
Gatos residents, including the Los Gatos -Saratoga Department of Community
Education and Recreation.
Government organizations.
Los Gatos Elementary School District and the Los Gatos Joint Union High
School District.
a. To qualify as a "resident" group, at least 51 percent of the Board of Directors
or membership attending the function must be Los Gatos residents.
b. "Non-resident" groups are those that meet all of the criteria of a community
service group, but do not meet the definition of a "resident".
c. Fundraising Activities:
Community service groups applying for use of the facility to hold a fundraising
activity or activity for which admission will be charged must meet all of the
criteria under a. above. Resident or non-resident rates are charged depending
on the residence of members or activity attendees.
Category II: Private parties
a. Residents of the Town
For private parties or wedding receptions to qualify for the resident fee,
($60/hr) the Neighborhood Center may be reserved either by a Los Gatos
resident or by a non-resident's immediate family member who is a Los Gatos
resident. An immediate family member is defined as: mother, father, sibling,
children of applicant, grandparents, step -children and parents.
b. Applicants who do not meet a. above
*Documentation required for a. above: Drivers license or other personal picture
identification, including the applicant's address and telephone number.
2. Ineligible Applicants
Use of the Neighborhood Center shall not be granted for:
a. Commercial use by private groups or individuals for the purpose of sales,
promoting or negotiating for sales for profit.
b. Any group or individual, political or otherwise, that acknowledges its intent
to use the facility to advocate the overthrow of the United States Government
or the State of California by force or violence or other unlawful means or to
violate any other County, State or Federal rules, regulations, ordinances or
laws.
c. The Town shall regulate or prohibit such activities or uses which are deemed
to be of a hazardous nature or of a nature which endangers property or which
are not in the public interest.
d. Religious activities (deemed by the U.S. Department of Housing and Urban
Development as an inappropriate use of the Center).
3. Priority Policies
Category I applicants have priority over Category II applicants for use of the Center.
B. Procedures
1. All reservations are made on a priority basis (see Priority Policies). Applications that
are on an equal priority will be processed on a "first come, first served" basis. When
a reservation is granted, the Neighborhood Center is committed for that activity.
2. Applications must be made in person by the applicant. Forms for reservation use
permit must be filed at the Neighborhood Center, 208 E. Main Street, Los Gatos, on
Mondays through Fridays between 8 a.m. and 4:30 p.m. NO RESERVATIONS WILL
BE TAKEN OVER THE TELEPHONE. The security deposit must be paid at the time
the reservation form is submitted. Applications are not mailed out nor received
back through the mail.
3. The reservation form must include all decorating and clean-up time and must be in
a continuous time span.
4. Applicants must be 18 years of age (21 if alcohol is being served) and must be
present during the use of the facility. Keys may be picked up from the receptionist
on the day of the event or on the Friday before the weekend by 4:30 p.m. Person
picking up keys must be 18 years of age.
2
5. Reservations are made up to six months in advance of the date of event.
6. Any required security deposit must be paid at the time the reservation form is
submitted to secure the reservation. Rental fees may be paid at the time of the
application or any time no Tess than two weeks before the scheduled date.
a. If rental fees are not paid at least two weeks prior to the event, then the
application may be terminated.
b. If a reservation is cancelled at least two weeks before the scheduled event,
100 percent of the security deposit and room rental fees which may have
been paid to the Town will be returned.
c. If notice is given to cancel an event less than two weeks before the scheduled
event, half of the room rental fees and none of the security deposit paid to
the Town will be returned.
C. Facility
Below is a description of the rooms available for use.
1. Multi -Purpose Auditorium (#11-12)
Will accommodate approximately 200 people in a banquet style setting; 365 people
in an auditorium style setting.
2. Lounge (#4-5)
Informal setting with fireplace. Accommodates approximately 49.
3. Other Activity Rooms:
a. Upstairs Lounge (#204); occupancy: 7 people
b. Conference Room (#205); occupancy: 10 people
c. Craft Room (#206); occupancy: 25 people
d. Upstairs Conference Room (#214); occupancy: 25 people
D. Fee Schedule
II. USE REGULATIONS
A. Any person or persons violating the established policies or constituting a public nuisance may
be required to leave the Center. Misuse of the Center or failure to conform with other
applicable Town, State or Federal rules, regulations, ordinances or laws will be sufficient
reason for terminating the permit or event.
B. Groups composed of minors must be supervised by at least one (1) adult for every ten (10)
minor children at all times while they are using the facilities. (Minors are considered anyone
under the age of 18.)
C. The applicant shall procure at his/her own cost and expense, all permits and licenses required
for the intended use or activity at the Center. This includes, but is not limited to, purchase
of a one -day liquor license which the applicant must first procure from the Los Gatos Police
Department before going to the Alcoholic Beverage Control Board, (located at 100 Paseo de
San Antonio, San Jose - 277-1200) as appropriate.
D. Gambling or wagering is prohibited unless a use permit is obtained from the Los Gatos
Police Department.
E. Permits cannot be transferred, assigned or sublet.
F. The Town of Los Gatos is not responsible for accidents, injury, illness, or loss of group or
individual property. The Town may require proof of insurance coverage where the activity
for which the permit is sought involves food or is indirectly hazardous to life and property.
G. Application for a Use Permit to hold a dance which is open to the public (attendance of 50
or more persons) must be filed with the Town Chief of Police not later than ten calendar days
prior to the event. If needed, evidence of approved dance permits must accompany
Neighborhood Center use application five days prior to event.
H. Users may not restrict membership on the basis of race, religion or place of origin.
Furthermore, use of the Neighborhood Center will not be restricted because of race, religion
or place of national origin.
3
I. In addition to completing and signing the use application, applicants must sign the following:
1. Hold Harmless Agreement
2. Key Check -Out (if there is no recreation leader)
3. Kitchen cleanup check list, if Rooms 11 and 12 are used.
J. No smoking in building.
K. Serving of alcohol is allowed in the Hall and Lounge, only.
L. The Community Services Director, or a duly authorized representative on duty, shall have the
right to enter all facilities at all times during any and all occupancies.
M. Neighborhood Center chairs, tables or other equipment are only available for use within the
building unless written approval is obtained from the Community Services Director.
N. Applicant is liable for all damage to the facility and equipment resulting from the applicant's
use of the facility. Applicant will be charged the costs of repairing the facility and equipment,
or replacing equipment damaged.
O. Any user must provide a Certificate of Insurance at least two weeks prior to event. See
Attachment A.
P. Any exceptions to the use regulations must be approved, in writing, by the Director of
Community Services.
Q. Any decorating or covering of, or changes to the facilities shall be discussed at the time of
application. The applicant shall be responsible for putting up any decorations and all other
special preparations necessary for the function. All decorations shall be removed at the
conclusion of the function. Applicant shall be responsible for the removal of all decorations,
special preparations, and applicant's personal property, owned or rented.
1. All decorations must be flameproof or fire retardant.
2. All decorations must be applied with masking tape. The use of cellophane adhesive
tape, nails, staples, screws, etc., is NOT allowed. All tape must be removed from all
surfaces at the conclusion of the event.
3. Decorations may NOT be hung from light fixtures, ceiling, smoke detections,
emergency lights, or acoustical wall/ceiling tiles.
4. Absolutely NO open flames are allowed.
5. All plants, trees, and shrubs must be in waterproof containers and must be carefully
placed so as not to damage floor or block fire exits.
6. No foreign substance may be applied to the floor.
7. No rice, birdseed, confetti, etc., is permitted at the Center.
8. Relocation or rearrangement of Town equipment is not permitted.
3/16/92
CSD4:A:\contract\naborhod.P&P
4
AT I ACHMENT A to
EXHIBIT A
INSURANCE REQUIREMENTS FOR USERS OF THE NEIGHBORHOOD CENTER
Uacra of the Neighborhood Center applicants that intend to serve, consume, or
otherwise provide alcohol shall procure and maintain for the duration of their
use, insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the User's operation and use of the
premises. The cost of such insurance shall be borne by the user.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001).
B. MINIMUM LIMITS OF INSURANCE
Central Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage --If Commercial Geftera
tither the general aggregate limit shall apply separately to this
If alcoholic beverages are served, then the user shall maintain limits no
less than:
General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
C. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved
by the Agency. At the option of the Agency, either: the insurer shall
reduce or eliminate such deductibles or self -insured retentions as respects
the Agency, its officers, officials, employees and volunteers; or the user
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability
a. The Town, its officers, officials, employees, and volunteers
are to be covered as insureds as respects: liability arising
out of premises owned, occupied or used by the user. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The User's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the
Town, its officers, officials, employees, or volunteers shall
be excess of the User's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. Coverage shall state that the User's insurance shall apply
separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the User's
liability.
2. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled,
reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been
given to the Town.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
User shall furnish the Town with certificates of insurance and with
original endorsements effecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf.
Where by statue, the Town's workers' compensation -related forms cannot be
used, equivalent forms approved by the Insurance Commissioner are to be
substituted. All certificates and endorsements are to be received and
approved by the Town before usage of the premises. The Town reserves the
right to require complete, certified copies of all required policies, at
any time.
-2-
CSD14:A:\CONTRACTS\INSURREQ.CEN
FEE SCHEDULE FOR NEIGHBORHOOD CENTER
Hall
Category I: Community Service Groups
1. Activities (nonprofits)
ATTACHMENT 2
Conference
Kitchen* Lounge Room
a. Resident $20/hr $20 $15/hr $10/hr
b. Non -Resident $40/hr $40 $30/hr $20/hr
c. Security Deposit (only
if alcohol served) $100 N/C $25 N/C
2. Fees Charged for Fundraising Activities
a. Resident $40/hr $20 $25/hr $15/hr
b. Non-resident $50/hr $40 $40/hr $30/hr
c. Security Deposit $100 N/C $25 N/C
Category II: Private Parties
a. Resident $60/hr $20 $30/hr $20/hr
b. Non -Resident $120/hr $50 $60/hr $40/hr
c. Security Deposit $100 N/C $25 N/C
*Fee charged only when Hall is rented for three or more hours.
1. Use is limited to ten hours.
2. If use exceeds hours on application form, then fee is charged at 1.5 times the rate.
3. The cost for the Recreation Leader's time is $7.00 per hour. Leaders are employed by
the Town on behalf of the applicant. Recreation costs are charged to the applicant.
Recreation Leader required under any of the following circumstances:
alcohol is served;
more than 50 people are in attendance.
4. Security Guards are hired directly by the applicant. Verification that services have
been contracted for must be submitted to the Neighborhood Center office at least two
weeks prior to the scheduled event. Security Guard required under any of the following
circumstances:
alcohol is served, and;
more than 75 people in attendance.
5. Refundable deposits are returned within forty-five days by the Town of Los Gatos.
Fees Adopted 5/13/91
Fees Effective 7/15/91
CL:dr
CSD13:A:\contract\naborhod.p&p
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CSD14:A:\Forms\Insuranc.Cen
CITY
Campbell
Cupertino
RESIDENT RATE
Hall (Kitchen): $40/hr
Set-up: $10-$40
Hall (Kitchen): (4 hrs) $250
$60 ea. add'l hr.
Meeting Rms: $12/hr +
Set-up + $15
Meeting Rms: (4 hrs.) $100
$25 ea. add'l hr.
EMPLOYEE
DISCOUNT
Resident rate
Resident
Resident
Resident
rate
rate
rate
Hall (Kitchen): (4 hrs) $779 Resident rate
$81.50 ea. add'l hr.
Gilroy $14/hr - $75/hr None
Los Altos
Milpitas
Morgan Hill
San Jose
Santa Clara
Saratoga
Sunnyvale
Small Rm: $25/hr $24 flat fee
Large Rm: $96/hr $24 flat fee
Hall: $46/hr (3 hr minimum) Resident rate
Meeting Rms: $19/hr Resident rate
Meeting Rms: $8/hr
Auditorium: $30/hr
ATTACHMENT 4
OTHER C 1TIT
$150 depos. Weekday
$15 process fee
$150 depos. Weekend
$15 process fee
$100 depos. Weekday
$15 process fee
$100 depos. Weekend
$15 process fee
$500 depos.
$350 deposit
Alcohol: $16
Cap. 300
lbs. Cbly
$275 deposit
Kitchen: $36
Set-up/Clean-up: $40
Bar: $35
$100 deposit
No policy set for employees.
In discussion: Free to city emp.
No discount
Only deposit is waived. Employees must
be residents.
Large Rm (Kitchen): $55/hr $15/hr
Meeting Rms: $15/hr
CSD14:A:\FORMS\INSURANC.CEN
No discount
Deposit: $150
Deposit: $150
Kitchen: $15/hr
Maint Staff: $7.50/hr
Key Dep: $10
Deposit: Alcohol $300
No alch.$100
Process fee: $35
Set-up/Clean-up time:
$35/hr
Process fee: $35
Deposit: $100
RESOLUTION 1992-42
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS
DOWNTOWN NEIGHBORHOOD CENTER
WHEREAS, the Town desires to provide policies and procedures
through which individuals and organizations can rent the facility
on an hourly basis; and
WHEREAS, the insurance coverage required of community service
groups for use of the Neighborhood Center may deter them from using
the facility and may, consequently, jeopardize community benefit;
and
WHEREAS, the Town wishes to provide guidelines for discounting
rates to community service groups;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
HEREBY RESOLVE AS FOLLOWS: that the Los Gatos Town Council does
hereby adopt the Resolution 1) providing policies and procedures
for use of the Los Gatos Downtown Neighborhood Center, attached as
Exhibit A; and, 2) establishing the Town employee rate at the
residential rate as defined in the policies and procedures for
private events.
FURTHER RESOLVED, this Resolution supersedes Resolution 1991-
-227.
CSD08:A:\RESOS\CS031692.R42
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 16th day
of March, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Brent N. Ventura, Mayor Eric D. Carlson
NAYES: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
/s/ Eric D. Carlson
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD0B:A:\RESOS\CS031692. R42
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
-2-
LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER
POLICIES AND PROCEDURES
PURPOSE
To set forth policies and procedures for use of the Neighborhood Center on an hourly basis.
SCOPE
This policy applies to the Neighborhood Center.
POLICIES AND PROCEDURES INDEX
Reservations
A. Applicants
B. Procedures
C. Facility
D. Fee Schedule
II. Use Regulations
Fee Schedule
I. RESERVATIONS
A. APPLICANTS
1. Eligible Applicants
The Downtown Neighborhood Center may be scheduled by the categories of users
listed below:
Category I: Community Service Groups
Groups qualifying as community service groups include the following:
• Nonprofit organizations which have obtained 501 (c)3 ruling from the State
(must be documented by ruling letter from State).
• Los Gatos Service and Community organizations - groups which provide
recreational, cultural, leisure or other community service activities to Los
Gatos residents, including the Los Gatos -Saratoga Department of Community
Education and Recreation.
• Government organizations.
• Los Gatos Elementary School District and the Los Gatos Joint Union High
School District.
a. To qualify as a "resident" group, at least 51 percent of the Board of Directors
or membership attending the function must be Los Gatos residents.
b. "Non-resident" groups are those that meet all of the criteria of a community
service group, but do not meet the definition of a "resident".
c. Fundraising Activities:
Community service groups applying for use of the facility to hold a fundraising
activity or activity for which admission will be charged must meet all of the
criteria under a. above. Resident or non-resident rates are charged depending
on the residence of members or activity attendees.
Category II: Private parties
a. Residents of the Town
For private parties or wedding receptions to qualify for the resident fee,
($60/hr) the Neighborhood Center may be reserved either by a Los Gatos
resident or by a non-resident's immediate family member who is a Los Gatos
resident. An immediate family member is defined as: mother, father, sibling,
children of applicant, grandparents, step -children and parents.
b. Applicants who do not meet a. above
*Documentation required for a. above: Drivers license or other personal picture
identification, including the applicant's address and telephone number.
2. Ineligible Applicants
Use of the Neighborhood Center shall not be granted for:
a. Commercial use by private groups or individuals for the purpose of sales,
promoting or negotiating for sales for profit.
b. Any group or individual, political or otherwise, that acknowledges its intent
to use the facility to advocate the overthrow of the United States Government
or the State of California by force or violence or other unlawful means or to
violate any other County, State or Federal rules, regulations, ordinances or
laws.
c. The Town shall regulate or prohibit such activities or uses which are deemed
to be of a hazardous nature or of a nature which endangers property or which
are not in the public interest.
d. Religious activities (deemed by the U.S. Department of Housing and Urban
Development as an inappropriate use of the Center).
3. Priority Policies
Category I applicants have priority over Category II applicants for use of the Center.
B. Procedures
1. All reservations are made on a priority basis (see Priority Policies). Applications that
are on an equal priority will be processed on a "first come, first served" basis. When
a reservation is granted, the Neighborhood Center is committed for that activity.
2. Applications must be made in person by the applicant. Forms for reservation use
permit must be filed at the Neighborhood Center, 208 E. Main Street, Los Gatos, on
Mondays through Fridays between 8 a.m. and 4:30 p.m. NO RESERVATIONS WILL
BE TAKEN OVER THE TELEPHONE. The security deposit must be paid at the time
the reservation form is submitted. Applications are not mailed out nor received
back through the mail.
3. The reservation form must include all decorating and clean-up time and must be in
a continuous time span.
4. Applicants must be 18 years of age (21 if alcohol is being served) and must be
present during the use of the facility. Keys may be picked up from the receptionist
on the day of the event or on the Friday before the weekend by 4:30 p.m. Person
picking up keys must be 18 years of age.
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5. Reservations are made up to six months in advance of the date of event.
6. Any required security deposit must be paid at the time the reservation form is
submitted to secure the reservation. Rental fees may be paid at the time of the
application or any time no Tess than two weeks before the scheduled date.
a. If rental fees are not paid at least two weeks prior to the event, then the
application may be terminated.
b. If a reservation is cancelled at least two weeks before the scheduled event,
100 percent of the security deposit and room rental fees which may have
been paid to the Town will be returned.
c. If notice is given to cancel an event less than two weeks before the scheduled
event, half of the room rental fees and none of the security deposit paid to
the Town will be returned.
C. Facility
Below is a description of the rooms available for use.
1. Multi -Purpose Auditorium (#11-12)
Will accommodate approximately 200 people in a banquet style setting; 365 people
in an auditorium style setting.
2. Lounge (#4-5)
Informal setting with fireplace. Accommodates approximately 49.
3. Other Activity Rooms:
a. Upstairs Lounge (#204); occupancy: 7 people
b. Conference Room (#205); occupancy: 10 people
c. Craft Room (#206); occupancy: 25 people
d. Upstairs Conference Room (#214); occupancy: 25 people
D. Fee Schedule
II. USE REGULATIONS
A. Any person or persons violating the established policies or constituting a public nuisance may
be required to leave the Center. Misuse of the Center or failure to conform with other
applicable Town, State or Federal rules, regulations, ordinances or laws will be sufficient
reason for terminating the permit or event.
B. Groups composed of minors must be supervised by at least one (1) adult for every ten (10)
minor children at all times while they are using the facilities. (Minors are considered anyone
under the age of 18.)
C. The applicant shall procure at his/her own cost and expense, all permits and licenses required
for the intended use or activity at the Center. This includes, but is not limited to, purchase
of a one -day liquor license which the applicant must first procure from the Los Gatos Police
Department before going to the Alcoholic Beverage Control Board, (located at 100 Paseo de
San Antonio, San Jose - 277-1200) as appropriate.
D. Gambling or wagering is prohibited unless a use permit is obtained from the Los Gatos
Police Department.
E. Permits cannot be transferred, assigned or sublet.
F. The Town of Los Gatos is not responsible for accidents, injury, illness, or Toss of group or
individual property. The Town may require proof of insurance coverage where the activity
for which the permit is sought involves food or is indirectly hazardous to life and property.
G. Application for a Use Permit to hold a dance which is open to the public (attendance of 50
or more persons) must be filed with the Town Chief of Police not later than ten calendar days
prior to the event. If needed, evidence of approved dance permits must accompany
Neighborhood Center use application five days prior to event.
H. Users may not restrict membership on the basis of race, religion or place of origin.
Furthermore, use of the Neighborhood Center will not be restricted because of race, religion
or place of national origin.
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I. In addition to completing and signing the use application, applicants must sign the following:
1. Hold Harmless Agreement
2. Key Check -Out (if there is no recreation leader)
3. Kitchen cleanup check list, if Rooms 11 and 12 are used.
J. No smoking in building.
K. Serving of alcohol is allowed in the Hall and Lounge, only.
L. The Community Services Director, or a duly authorized representative on duty, shall have the
right to enter all facilities at all times during any and all occupancies.
M. Neighborhood Center chairs, tables or other equipment are only available for use within the
building unless written approval is obtained from the Community Services Director.
N. Applicant is liable for all damage to the facility and equipment resulting from the applicant's
use of the facility. Applicant will be charged the costs of repairing the facility and equipment,
or replacing equipment damaged.
O. Any user must provide a Certificate of Insurance at least two weeks prior to event. See
Attachment A.
P. Any exceptions to the use regulations must be approved, in writing, by the Director of
Community Services.
Q. Any decorating or covering of, or changes to the facilities shall be discussed at the time of
application. The applicant shall be responsible for putting up any decorations and all other
special preparations necessary for the function. All decorations shall be removed at the
conclusion of the function. Applicant shall be responsible for the removal of all decorations,
special preparations, and applicant's personal property, owned or rented.
1. All decorations must be flameproof or fire retardant.
2. All decorations must be applied with masking tape. The use of cellophane adhesive
tape, nails, staples, screws, etc., is NOT allowed. All tape must be removed from all
surfaces at the conclusion of the event.
3. Decorations may NOT be hung from Tight fixtures, ceiling, smoke detections,
emergency lights, or acoustical wall/ceiling tiles.
4. Absolutely NO open flames are allowed.
5. All plants, trees, and shrubs must be in waterproof containers and must be carefully
placed so as not to damage floor or block fire exits.
6. No foreign substance may be applied to the floor.
7. No rice, birdseed, confetti, etc., is permitted at the Center.
8. Relocation or rearrangement of Town equipment is not permitted.
3/16/92
CSD4:A:\contract\naborhod.P&P
4
FEE SCHEDULE FOR NEIGHBORHOOD CENTER
Hall
Conference
Kitchen* Lounge Room
Category I: Community Service Groups
1. Activities (nonprofits)
a. Resident $20/hr $20 $15/hr $10/hr
b. Non -Resident $40/hr $40 $30/hr $20/hr
c. Security Deposit (only
if alcohol served) $100 N/C $25 N/C
2. Fees Charged for Fundraising Activities
a. Resident $40/hr $20 $25/hr $15/hr
b. Non-resident $50/hr $40 $40/hr $30/hr
c. Security Deposit $100 N/C $25 N/C
Category II: Private Parties
a. Resident $60/hr $20 $30/hr $20/hr
b. Non -Resident $120/hr $50 $60/hr $40/hr
c. Security Deposit $100 N/C $25 N/C
*Fee charged only when Hall is rented for three or more hours.
1. Use is limited to ten hours.
2. If use exceeds hours on application form, then fee is charged at 1.5 times the rate.
3. The cost for the Recreation Leader's time is $7.00 per hour. Leaders are employed by
the Town on behalf of the applicant. Recreation costs are charged to the applicant.
Recreation Leader required under any of the following circumstances:
alcohol is served;
more than 50 people are in attendance.
4. Security Guards are hired directly by the applicant. Verification that services have
been contracted for must be submitted to the Neighborhood Center office at least two
weeks prior to the scheduled event. Security Guard required under any of the following
circumstances:
alcohol is served, and;
more than 75 people in attendance.
5. Refundable deposits are returned within forty-five days by the Town of Los Gatos.
Fees Adopted 5/13/91
Fees Effective 7/15/91
CL:dr
CSD4:A:\contract\naborhod.p&p
INSURANCE REQUIREMENTS FOR USERS OF THE NEIGHBORHOOD CENTER
Attachment A
Neighborhood Center applicants that intend to serve, consume, or otherwise
provide alcohol shall procure and maintain for the duration of their use,
insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the User's operation and use of the
premises. The cost of such insurance shall be borne by the user.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001).
B. MINIMUM LIMITS OF INSURANCE
If alcoholic beverages are served, then the user shall maintain limits no
less than:
General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
C. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved
by the Agency. At the option of the Agency, either: the insurer shall
reduce or eliminate such deductibles or self -insured retentions as respects
the Agency, its officers, officials, employees and volunteers; or the user
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability
a.
The Town, its officers, officials, employees,
are to be covered as insureds as respects: liability arising
out of premises owned, occupied or used by the user. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
and volunteers
b. The User's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the
Town, its officers, officials, employees, or volunteers shall
be excess of the User's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. Coverage shall state that the User's insurance shall apply
separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the User's
liability.
2. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled,
reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been
given to the Town.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
User shall furnish the Town with certificates of insurance and with
original endorsements effecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf.
Where by statue, the Town's workers' compensation -related forms cannot be
used, equivalent forms approved by the Insurance Commissioner are to be
substituted. All certificates and endorsements are to be received and
approved by the Town before usage of the premises. The Town reserves the
right to require complete, certified copies of all required policies, at
any time.
-2-
CSD14:A:\CONTRACTS\INSURREQ.CEN
March 16, 1992
Los Gatos, California
SHANNON ROAD 16061/COMPLETION NOTICE (14A.08)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for
16061 Shannon Road. Carried unanimously.
TRACT 8400/COMPLETION NOTICE (14B.31)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council authorize the Mayor to
execute and the Town Clerk to record a Certificate of Acceptance and Notice of Completion for
Tract 8400. Carried unanimously.
HUMAN SERVICES ELEMENT/REFERRAL TO PLANNING COMMISSION (15.47)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council refer the revised Human
Services Element to the Planning Commission for public hearing and recommendation. Carried
unanimously.
JENNINGS/COMMENDATION/20 YEARS OF SERVICE/RESOLUTION 19 2 n4 1 (16.43)
1 .43entitled,
Motion by Mrs. Benjamin, secondedby
RESOLUTION OF THE TOWN OF LOS OF GATOS. COMMENDING JOHNarried JENNINGS FOR
20 YEARS OF SERVICE TO THE TOWN
usly.
DOWNTOWN NEIGHBORHOOD CENTER/RESOLUTION 1992-42 (18.44)
Motion by Mrs. Benjamin, seconded by Mr. OF Attaway,
that Council adopt Resolution GATOS ADOPTING POLICIES SAND
2-42
entitled, RESOLUTION OF THE TOWN in
PROCEDURES FOR THE LOS GATOS NEIGHBORHOOD CENTER, approving an
amendment to the Neighborhood Center policies and procedures regarding insurance
requirements; and guidelines for Town employees' use of the Center. Carried unanimously.
SIERRA AZULE/VACATION/PUBLIC RIGHT-OF-WAY/RESOLUTION 1992-43 (19.08)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992-43
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF
EXCESS PUBLIC RIGHT-OF-WAY ON SIERRA
AZULE,le. abandoning
banied onimoas strip
of excess public
right-of-way along the southerly side of Sierra
HISTORIC PRESERVATION/GRANT APPLICATION/RESOLUTION 1992-44 (20.15)
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1992-44
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE FILING OF
AN HISTORIC PRESERVATION FUND GRANT APPLICATION, authorizing the Town
Manager to submit an application for the Historic Preservation Fund Matching Grant to establish
a public information computer system. Carried unanimously.
LOS GATOS BLVD 15827/BURGER KING/SLACK/APPEAL/RESOLUTION 1992-45 (22.09)
Motion by Mrs. Benjamin, seconded by Mr. Attaway,FLOSthat GATOS cil adopt DENYING esAPPEALolution l992-OF 4A
5
entitled, RESOLUTION OF THE TOWNPERMISSION TO
PLANNING COMMISSION DECISION TO �T�IIOAUTEAjCOHO LCST FOR BEVERAGES ON
OPERATE A FAST FOOD RESTAURANT
PROPERTY IN THE CH ZONE (BURGER KING RESTAURANTS). CONDITIONAL USE
PERMIT APPLICATION U-91-11, which incorporates the Council findings and decision at its
meeting of March 2, 1992. Carried unanimously.
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TC: D3: MM031692