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Item 22 Staff Report Adopt Resolution Approving Los Gatos Downtown Neighborhood Center Policies and ProceduresCOUNCIL AGENDA DATE: AUGUST 19, 1991 ITEM NO. a -- TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: August 12, 1991 TO: MAYOR AND TO COUN IL FROM: TOWN MANAGER SUBJECT: ADOPT RESOLUTION APPROVING LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER POLICIES AND PROCEDURES RECOMMENDATION: Adopt the attached resolution approving 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. The policies and procedures should 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. DISCUSSION: The proposed policies and procedures are attached to the draft resolution as Exhibit A. The following summarizes the recommended changes: 1. Add to Section 1.6 Procedures "7. The Director of Community Services will review all requests for full or partial waiver of fees. Appeals will be made to the Town Manager who is the final arbiter." In an attempt to recover cost, 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. Fa Community • - ti; ` '6irector RAF:dr . r CSD013:A:CNCLRPTS\NABORHOD.P&P 8/12/91 2:38 pm File # Attachments: See list of attachments on page 2. Distribution: Ms. Toni Hogan, 1655 S. Winchester, #810, Campbell 95008 Reviewed by: Any, Attorney Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION APPROVING LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER POLICIES AND PROCEDURES August 12, 1991 Discounted rates are appropriate in some cases. Full use of the facility and maximum revenues to the Town can be realized if Staff is provided some flexibility regarding rates. 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 decreases 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 AA be provided use of the facility for $550.00 per month during the six-month application period. At the end of the period, the terms of any application would be negotiated. During this time, we will monitor requests for use of the rooms provided to AA. If it appears that we are losing potential revenues by providing a discounted rate to AA, then we will renegotiate the contract with that in mind. This proposal has been discussed with a representative of AA; they will accept the proposal if it is offered. Council's adoption of the proposed amendment to the Policies and Procedures will allow the Staff flexibility to ensure full use of the building and maximum revenues as demonstrated in the appeal described. A Staff level appeal process is recommended to minimize administrative costs and assure the fastest possible response to applicants. Appeals to the rates will be received throughout the year. 2. Policy and Procedures Clarifications The document has been amended to clarify the policies and procedures. Other changes were primarily editing. The changes are summarized below: 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. Sheet 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; 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 this Resolution providing policies and procedures for use of the Los Gatos Downtown Neighborhood Center, as attached Exhibit A. FURTHER RESOLVED, this Resolution supersedes Resolution 1989-134. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of August, 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\CS081991.r02 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA -1- PURPOSE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER POLICIES AND PROCEDURES EXHIBIT A 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. 7. The Director of Community Services will review all requests for full or partial waiver of fees. Appeals will be made to the Town Manager who is the final arbiter. 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. 3 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. 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. 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 CS013:A:\contract\naborhod.P&P 4 FEE SCHEDULE FOR NEIGHBORHOOD CENTER Category I: Community Service Groups 1. Activities (nonprofits) a. Resident b. Non -Resident c. Security Deposit (only if alcohol served) 2. Fees Charged for Fundraising a. b. c. Resident Non-resident Security Deposit Category II: Private Parties *Fee 1. 2. 3. a. b. c. Resident Non -Resident Security Deposit Hall Kitchen* $20/hr $20 $40/hr $40 $100 N/C Activities $40/hr $50/hr $100 $60/hr $120/hr $100 $20 $40 N/C $20 $50 N/C Lounge $15/hr $30/hr Conference Room $10/hr $20/hr $25 N/C $25/hr $40/hr $25 $30/hr $60/hr $25 $15/hr $30/hr N/C $20/hr $40/hr N/C charged only when Hall is rented for three or more hours. Use is limited to ten hours. If use exceeds hours on application form, then fee is charged at 1.5 times the rate. 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 Fees Adopted 5/13/91 Fees Effective 7/15/91 CL:dr CSD13:A:\contract\naborhod.p&p are returned within forty-five days by the Town of Los Gatos. 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 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 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. 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 useage of the premises. The Town reserves the right to require complete, certified copies of all required policies, at any time. CSD13:A:\,E,PS\NABORHOD.INS ATTACHMENT 2 JUN 18 1991 ._t./. 7. ,£- I ,z,' 7r) .7t £tom / L ,i-e, ) 40, v do ; 42-44.)" UO..c c.�'/ ..an=cL o-x/a 1 I /S" u,� c,Lf.1i G /rd oc i 6-ri Q..� c `. 4 . 4/2, ��-C'r.� � G���uju /-2/6--206iO4, occi t�u,�r %.Y' Leo 4 7 / / ! K{ /4turx..i Ad deX-e14..ci .iG..4 Ld iaAvidi-itvkleimi 4.14,2_,_,,,,. /00.&,i&i.wi cemfrte4./Adici44.4 -,_- , _th, / -7-AgaZ.y... wo4:•‘teae74(a. t -i4.,ty,A-L4 4,.i.d/... , ditn- ai.7446/44,aat G—A, -;6•/L,r.L2,�.t2.11a4C4tLii LiZZig .tfr4;1&41 &Q, 4, c y ,,u.,, 4.1 . U ,,,/.4444. g 754 75102/• �.� ,, � �� � .7v o� . ‘/a- --/vevel-44.4-d://sa • tiAtn44 4 Ld. ec44/ ier,3 /44 y,c4,41Z 611,"‘rd /(4.1.41 add e'_ I- /v `a y?.• -tia•G ECG 7/)Zadrrp u4, _ c w 12‘27#N,/ x .Lisi a.EQ ljo .,vs 4./ m.-~ir% L14'4uyz_ NEW NEIGHBORHOOD CENTER RENTAL CHARGES ************************************** 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, Current Meeting Schedule: Friday Step Study, 8:OOpm - 9:15pm Very Early Spiritual Progress 7:30am - 8:30am Early Spiritual Progress 9:15am - 10:30am Newcomers Basic Meeting 9:15am - 10:30am Spiritual Progress 11:30am - 12:30pm Sunday Survivors 2:OOpm - 3:00pm Downtowners Group 7:30pm - 8:30pm Monday Big Book, 8:OOpm - 9:15pm PROPOSED WEEKLY COSTS Sun, 7:OOam 3:30pm Sun, 7:OOpm - 9:OOpm Fri, 7:30pm - 9:30pm Sun, 8:45am - 10:45am Mon, 7:30pm - 9:30pm Lounge Main Hall Main Hall Room Main Hall Main Hall Main Hall Room $10/hr - Room Main Hall 8.5 hrs $170 Main Hall 2 hrs $40 Lounge 2 hrs $30 Room 2 hrs $20 Room 2 hrs $20 16.5 hrs at $280 EFFECTIVE RENT INCREASE $250/month TO $1215/month + + 1 ATTACHMENT 3 00 0 czc Rs c Po 2- O O Q 0 b______ igi 0 --a- O s. 3 _ ,_ e -z- la E A 5 d p E Ga.- a �� cL o o o ��, •crt NO cr- d .o 0 o2 I r L') August 19, 1991 Los Gatos, California NEIGHBORHOOD CENTER/POLICIES AND PROCEDURES Motion by Mrs. Benjamin, seconded by Mr. Attaway, to continue this item to the meeting of October 21, 1991 to have the staff look at the fee schedule and make that schedule and the waiver policy fair and consistent; and to continue to work with the AA group on this issue. Carried by a vote of 4 ayes. Mr. Carlson absent. COUNCIL RECESS Mayor Ventura left the dias and returned after the following 2 items were acted upon. (from 9:30 to 9:32) APPROVAL CONDITIONS/ENFORCEMENT/ZONING/ORDINANCE 1863 Motion by Mrs. Benjamin, seconded by Mr. Blanton, to waive the reading of the proposed ordinance. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ventura absent. The Town clerk read the draft ordinance. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to adopt Ordinance 1863 introduced at the meeting of August 5, 1991 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING THE RULES FOR CONDITIONS OF APPROVAL AND THE ENFORCEMENT SECTION OF THE ZONING ORDINANCE, Carried by a vote of 3 ayes. Mr. Carlson and Mayor Ventura absent. DROP-OFF BOX RATES/SOLID WASTE MANAGEMENT/GREEN VALLEY Motion by Mr. Attaway, seconded by Mr. Blanton, to continue this item to September 3, 1991. Carried by a vote of three ayes. Mr. Carlson and Mayor Ventura absent. PLACE FOR TEENS/CONCEPTUAL DESIGN The following people spoke regarding the Place for Teens. John Lien, College Ave., stated that he prepared documents for the Council to address the scale and height of the building. He explained the document which was placed in front of the Council. Shala Hruska, 51 University Ave., thanked the Council for their cooperation. Howard Ananwalt, Teen Place representative, addressed the council about the Traffic Report. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the conceptual design for the "Place for Teens" and the proposed height of 21 feet. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to have the Teen Place board work with Mayor Ventura and the Town Staff to come up with solutions that comply with what the Town requires and what the State requires. Carried by a vote of 4 ayes. Mr. Carlson absent. LEAGUE OF CALIFORNIA CITIES/ANNUAL CONFERENCE/VOTING DELEGATE Motion by Mr. Attaway, seconded by Mr. Blanton, that Council appoint Mayor Ventura delegate to the League of California Cities Annual Conference and Mr. Attaway and Mrs. Benjamin to serve as dual and alternate representatives. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:01: MM081991 8