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Item 22 Staff Report Adopt Resolutions Approving Los Gatos Downtown Neighborhood Center Policies and Procedures9y COUNCIL AGENDA DATE: 10/21/91 ITEM NO.0040-4 aPPIN TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: October 11, 1991 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: ADOPT RESOLUTIONS APPROVING LOS GATOS DOWNTOWN CENTER POLICIES AND PROCEDURES RECOMMENDATION: NEIGHBORHOOD Adopt the attached resolutions approving: 1) guidelines for discounted rates for use of the Neighborhood Center; and 2) revised Los Gatos Downtown Neighborhood Center Policies and Procedures which govern use of the facility. BACKGROUND: The current Downtown Neighborhood Center Policies and Procedures were adopted on August 7,1989. New rates for use of the Center were established through Resolution 1991-94. Staff presented Council a report on August 19 recommending that the policies and procedures be revised to: 1) provide the Community Services Director authority to review appeals to fees and negotiate rates with applicants; and, 2) add regulations to specify insurance requirements and guidelines for decorating the facility. Council deferred action on the item to October 21, 1991, requesting that guidelines be established for any discount rates. This report provides guidelines for Council's consideration. DISCUSSION: 1. Guidelines for Discounted Rates In an attempt to recover costs, the Neighborhood Center use fees, effective July 15, 1991, included rates for nonprofit agencies. All community centers surveyed in preparation of the revised fee schedule charge nonprofit applicants for use of their centers. Most Neighborhood Center users have found the fees to be within their means and are continuing to use the facility. Some of the very small groups have elected to hold their meetings elsewhere thereby making the space available to other groups. PREPARED BY: Regina A. Falk Community Se Director RAF: and CSD013:A:CNCLRPTS\NABORHOD.P&P (Continued on Page 2) 10/11/91 11:28 am File # Attachments: See list of attachments on page 2. Distribution: Ms. Toni Hogan, 1655 S. Winche ter, #810, Campbell 95008 Reviewed by: at _ Attorney Clerk inance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTIONS APPROVING LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER POLICIES AND PROCEDURES October 11, 1991 Discounted rates are appropriate in some cases to promote full use of the facility and maximum revenues to the Town. For example, an appeal to the rates has been submitted by a representative of Alcoholics Anonymous (AA). By working with Staff, AA has been able to schedule smaller rooms. It has also agreed to shorten its set-up and clean-up times. As a result, the fee for use of the building decreased from $240 per week to $167.50 per week. However, based on their letter to Mayor Ventura and their discussions with Staff, the cost is still more than they can afford to pay. In order to obtain full use of the facility and maximize revenues to help offset the cost of operating the facility, Staff proposes that the following formula be applied to any rates in excess of $115 per week paid by resident community service groups: Discounted weekly payment = $115 + full weekly payment - $115 The discounted weekly payment is calculated by requiring all groups to pay the first $115.00 of any weekly fee, plus half of any costs exceeding $115.00. The approximate maintenance cost of a medium sized room in the Center is $115.00. An alternative to the formula would be to require all agencies to pay the full fee. However, community service agencies would then be required to pay fees in excess of the cost of leasing a room or simply not using the facility. 2. Neighborhood Center Policies and Procedures Council's adoption of the proposed resolution will help promote full use of the building and maximize revenues as demonstrated in the appeal described. The proposed policies and procedures are included in this report as Exhibit A to the draft resolution (Attachment 1). The document has been amended to clarify the policies and procedures. Other changes were primarily editing. The following summarizes the recommended changes: I. RESERVATIONS The two categories of eligible applicants were clarified. III. USE REGULATIONS The following was added: • A description of uses requiring a Certificate of Insurance from the applicant. • Guidelines regarding decorating the facility for safety and maintenance purposes. FISCAL IMPACT: The recommended revisions will allow Staff some discretion with the rates to maximize use of the Neighborhood Center and revenue paid to the Town. ATTACHMENTS: 1. Draft Resolution. 2. Letter dated 6/18/91 from Toni Hogan to Mayor Brent Ventura. 3. Table showing cost of facility for AA. Attachment 1 RESOLUTION 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 fees charged to 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: 1) the Resolution providing policies and procedures for use of the Los Gatos Downtown Neighborhood Center, attached as Exhibit A; and, 2) the following guidelines for discounted rates to resident community service agencies as defined in the policies and procedures: Discounted weekly payment = $115 + full weekly payment - $115 2 The discounted weekly payment is calculated by requiring all groups to pay the first $115 of any weekly fee, plus half of any costs exceeding $115. FURTHER RESOLVED, this Resolution supersedes Resolution 1989- 134. CSDDB:A:\RESOS\CS102191.R00 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of October, 1991, 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\CS102191.R00 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 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 less 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 3 or place of national origin. 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 handout. 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. 8/19/91 CSD13:A:\contract\naborhod.P&P 4 Hall Category I: Community Service Groups 1. Activities (nonprofits) 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 CS013:A:\contract\naborhod.p&p INSURANCE REQUIREMENTS FOR USERS OF THE NEIGHBORHOOD CENTER Users of the Neighborhood Center 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 GL0002 (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 The user shall maintain limits no less than: General Liability: $1,000,000 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. 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. ATTACHMENT 2 Jai 18 1991 i .y' .4.0 DC.c.i� .zL.�`y fWCl.4'iLiY.t` Z:14../ /*1/44f.4+14.4.1 t/77 ' 2.. i/44eg JG Vt./ A G4P a/ (O iC-i`w G�u�G�441.1/ �L ' .04// 44 41ci QJ Ji1:- .,t,i. � — —.z-./ i Cr Id, / .LEv „til Tit', +127 itr.---a 1 "7/ -21 Tia«:. •...„ . ' .0 , r4 , , �? ic, .•.,,, % ., d,c.L .yl e.,zCl�a/ ` O4. .,-,,, •GL/ 7Gu14L f14.2/ .% 4-, -il '107.iii.e./-1 2.4-7-4fread, ci..4.4 / et "2-Acza—rri.,b/ W o 4 , 4 di te, 1 7;44- t - 1L4-7L-ZLZ, eA-1-4.2i ....Az. 4 ,.4t.t.,,dh-L_„,.7,./,,..„t °--K L.14✓.�.- .tjd. �. c4 'fj,;**s,,c.L 1� tin ae0 1 chef trAisg. .t, of art, _t -'i Gi4;E&. >li . q lei .� etc - ,, 3 . - 1//}/L./4240.42/0,y4.z4,444.24. Ave4,14.i, ,ems -; iCtod �' ,ti, &' yS w ,/_z_2‘24 r NEW NEIGHBORHOOD CENTER RENTAL CHARGES ************ *******ANY**************** EXHIBIT A i For the past 18 months, we have been in the Neighborhood Center. In keeping with the Traditions, we have donated $250 per month for rent. As of July 15, the City will begin charging by the hour for use of the Neighborhood Center. The proposed fees will be: $20/hr - Main Hall, $15/hr - Lounge, $10/hr - Room Current Meeting Schedule: Friday Step Study, 8:OOpm - 9:15pm Lounge Very Early Spiritual Progress 7:30am - 8:30am Main Hall Early Spiritual Progress 9:15am - 10:30am Main Hall Newcomers Basic Meeting 9:15am - 10:30am Room Spiritual Progress 11:30am - 12:30pm Main Hall Sunday Survivors 2:OOpm - 3:o0pm Main Hall Downtowners Group 7:30pm - 8:30pm Main Hall Monday Big Book, 8:OOpm - 9:15pm Room PROPOSED WEEKLY COSTS Sun, 7:OOam - 3:30pm Main Hall 8.5 hrs $170 Sun, 7:OOpm - 9:OOpm Main Hall 2 hrs $40 Fri, 7:30pm - 9:30pm Lounge 2 hrs $30 Sun, 8:45am - 10:45am Room 2 hrs $20 Mon, 7:30pm - 9:30pm Room 2 hrs $20 16.5 hrs at $280 EFFECTIVE RENT INCREASE $250/month TO $1215/month I Q ifk . 6 7 O O o 0 i o• 00 q O c-6 �c 0 yam~ ATTACHMENT 3 \PD O • RESOLUTION 1991-227 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 fees charged to 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: 1) the Resolution providing policies and procedures for use of the Los Gatos Downtown Neighborhood Center, attached as Exhibit A; and, 2) the following guidelines for discounted rates to resident community service agencies as defined in the policies and procedures: Discounted weekly payment = $115 + full weekly payment - $115 2 The discounted weekly payment is calculated by requiring all groups to pay the first $115 of any weekly fee, plus half of any costs exceeding $115. FURTHER RESOLVED, this Resolution supersedes Resolution 1989- 134. CSDOB:A:\RESOS\C5102191.229 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of October, 1991, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Brent N. Ventura NAYES: None ABSENT: None ABSTAIN: Eric D. Carlson SIGNED: /s/ Brent N. Ventura ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CSD08:A:\RESOS\CS102191.229 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 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. Ineliaible 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 less 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. 0. Any user must provide a Certificate of Insurance at least two weeks prior to event. See handout. 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. 10/21/91 CSD13:A:\contract\naborhod.P&P 4 October 21, 1991 Los Gatos, California LEOTAR CRT CONTINUED -2, 1 VARIANCE APPLICATION V- 9 (102 LEOTAR COURT/APTELLANT: OLIVER C. AND ci1gAN G. FI.A►CH)• regarding to 102 Leotargs and Court.dCdecision by a vote of 3tayeserMayorVentura 1 public hearing on an appeal related and Mr. Carlson abstained. SANTA ROSA DRIVE 300/WOZNIAK/APPEAL/RESOLUTION 1991-214 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reconsider the vote and adopt Resolution 1991-214 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPAL OF PLANNING COMMISSION DECISION TO APPROVE AN APPLICATION TO EXPAND AN EXISTING SINGLE-FAMILY RESIDENCE IN THE HR-2-1/2 ZONE; ARCHITECTURE AND SITE APPLICATION S-85-22B. (300 SANTA ROSA DRIVE/OWNER: STEVE WOZNIAK APPELLANT: Gh ALD DAVIDSON), anappeal related go the f Santas and Rosa decision after the September 3, 1991 publicS e. Carried by a vote of 3 ayes. Mayor Ventura and Mr. Carlson abstained. LEGAL PUBLICATIONS/AGREEMENT/LOS GATOS WEEKLY -TIMES RESOLUTION 1991-226 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-226 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT BETWEEN THE TOWN AND THE LOS GATOS WEEKLY -TIMES N 31PAP 1992R ORiLd by a EGAL ADVERTISING FROM NOVEMBER is 1901 THROUGH vote of 4 ayes. Mr. Carlson abstained. NEIGHBORHOOD CENTER/POLICIES &PROCEDURES/RESOLUTION 1991-227 Motion by Mr. Blanton, seconded by M�AtotF Attaway, GAT9S ADOPTING t Council adopt PPOLICIES AND olution 1991-227 entitled, RESOLUTION OF THE TO PROCEDURES FOIZ. THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER, Carried by a vote of 4 ayes. Mr. Carlson abstained. SPARK FOUNDATION/RESIDENTIAL RE AL TAT1ON BDG/Rttaway, that Council a OLUTION pt Reso ut1991n 122g-228 -228 Motion by Mr. Blanton, seconded by entitled, RESOLUTION OF THE TOWN UNDATIU��N�. AND APPROVING THE NG REHABILITATION GRANT TO SPARK TOWN MANAGER TO ENTER INTO A STANDARDOMMNITDyELP4aBS BLOCK, GRANT AGREEMENT WITH THE SPARK FOUNDATION. d bvoteof Carlson abstained. BMP PROGRAM/COMMUNITY HOUSING DEVELOPERS/AGREEMENT RESOLUTION 1991-229 Motion by Mr. Blanton, seconded by Mr. Attaway,oS �AT4S �IUT�IURIZING�THE TOWN 991-229 entitled, RESOLUTION OF THE TOWN MANAGER TO EXECUTE AMENDMENT TOOAGREEMENT F.OW WITH PRICE HOUSING ITY HOUSING DEVELOPERS FOR IMPLEMENTATION PROGRAM, Carried by a vote of 4 ayes. Mr. Carlson abstained. 3 TC:02: MM 102191