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Item 16 Staff Report Approval of Resolution Adopting Los Gatos Downtown Neighborhood Center Policies and ProceduresCOUNCIL AGENDA DATE: AUGUST 7, 1989 ITEM NO: / / _ TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: July 26, 1989 TO: MAYOR AND TOWN COUNCIL FROM: DEBORAH SWARTFAGER, TOWN MANAGE SUBJECT: APPROVAL OF RESOLUTION ADOPTING LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER POLICIES AND PROCEDURES RECOMMENDATION: That Council approve the attached resolution adopting revised Los Gatos Downtown Neighborhood Center Policies and Procedures. BACKGROUND: The Downtown Neighborhood Center Policies and Procedures were adopted on July 6, 1981. The Community Services Commission reviewed the document with the objective of simplifying and clarifying the information and making it "user friendly" for members of the public eligible to use the facility. (continued on page 2) RE Alfna A. Falkner, Manager Community Services Division BY: APPROVED BY: RAF:dr leh G ,"Chair Community Services Commission Reviewed by: Attorney TOWN COUNCIL ACTION DIRECTED TO: ACTION OF COUNCIL: A:\CNCLRPTS\naborhod.p&p PAGE TWO MAYOR AND TOWN COUNCIL APPROVAL OF NEIGHBORHOOD CENTER POLICIES AND PROCEDURES AUGUST 7, 1989 DISCUSSION: The proposed policies and procedures are essentially the same as the current ones with regard to content. In addition to complete reorganization and editing of the document, however, some revisions have been made. The following summarizes the changes: Cancellation notice to be provided to Neighborhood Center staff has been increased from 24 hours to two weeks for full refund of deposit. Documentation required to qualify within the eligible categories of users has been specified. Use is proposed to be limited to ten hours. Increased requirements for hiring of security guard and recreation leaders for assistance and general supervision has been increased for activities which include the serving of alcohol. With regard to fees, the Committee recommends increases to all hourly rental charges to compare to market rates. FISCAL IMPACT: Revised fees for the use of the Downtown Neighborhood Center will be presented to Council at the August 21, 1989 Council meeting. EXHIBITS: A. Resolution adopting Los Gatos Downtown Neighborhood Center Policies and Procedures DISTRIBUTION: Community Services Commission RESOLUTION NO. 1989-134 RESOLUTION 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, BE IT RESOLVED 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 1. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of August, 1989, by the following vote: AYES: COUNCILMEMBERS: Thomas J. Ferrito Robert L. Hamilton Brent N. Ventura NAYES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Eric D. Carlson Mayor Joanne Benjamin SIGNED: /s/ Thomas J. Ferrito VICE MAYOR OF THE TOWN OF LOS GATOS ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS A:\cnclrpts\NABORHOD.RES A:\RESOS\NABORHOD.P&P EXHIBIT 1 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 I. Reservations A. Applicants B. Procedures C. Facility D. Equipment E. Fee Schedule II. Priority Policies III. Use Regulations Exhibit A: Fees I. RESERVATIONS A. APPLICANTS 1. Eligible Applicants The Downtown Neighborhood Center may be scheduled by the cate- gories of users listed below: Category I: Groups serving the Los Gatos community a. Groups which are based in Los Gatos and serve Los Gatos residents. Non-profit organizations which have obtained 501 (c) 3 ruling from the State Service organizations Community organizations - groups which provide recreational, cultural, leisure and other community service activities to Los Gatos residents Government organizations b. Groups which serve Los Gatos residents but are based out- side of the Town. Includes all of the above *Documentation required for a. and b. above: Proof of State and/or Federal non-profit status or show evidence of official organizational structure such as roster of Board of Directors. -2- Category II: Private parties a. Residents of the Town For private parties or wedding receptions to qualify for the resident fee, ($50/hr) the Neighborhood Cen- ter 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. and b. 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). 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 reser- vation is granted, the Neighborhood Center is committed for that activity. -3- 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. All fees must be paid in the form of either a cashier's check or money order. NO PERSONAL CHECKS AND/OR CASH SHALL BE ACCEPTED. 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 pm. Person picking up keys must be 18 years of age. 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 res- ervation 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 will terminated. b. If a reservation is cancelled at least two weeks before the scheduled event, 100% 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. A listing of equipment available for use will be provided upon request. 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. -4- 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. EQUIPMENT Equipment list available upon request. E. FEE SCHEDULE Attached as Exhibit A. II. PRIORITY POLICIES Priority for use of the Neighborhood Center is given to applicants in Category I. Users in section a. have priority over users in section b. Within Category I, priority is given to users within sections a. and b. in the following order: Category I Senior citizen (anyone 62 years or older) clubs, programs or activities; Los Gatos Community and Service Organizations - groups which provide recreational, cultural, leisure and other community service activities to Los Gatos residents, including the Los Gatos -Saratoga Department of Community Education and Recreation. Town of Los Gatos initiated and/or conducted activities. Programs or activities sponsored by the Los Gatos Elementary School District and the Los Gatos Joint Union High School Dis- trict. Other government activities. Category II Category II users will have second priority. Users in sections a. will have priority over users in section b. III. USE REGULATIONS A. Any person or persons violating the established policies or consti- tuting a public nuisance may be required to leave the Center. Mis- use of the Center or failure to conform with other applicable Town, State or Federal rules, regulations, ordinances or laws will be suf- ficient reason for terminating the permit or event. -5- 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 from the Alcoholic Beverage Control Board, (located at 100 Paseo de San Antonio, San Jose - 277-1200) as appro- priate. 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, ill- ness, 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 prop- erty. G. Application for a Use Permit to operate a dance (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. 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 or- igin. 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) J. No smoking in any rooms. K. Serving of alcohol is allowed in the Hall and Lounge, only. L. The Community Services Manager, 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 Manager. N. Applicant is liable for all damage to the facility and equipment re- sulting from the applicant's use of the facility. Applicant will be charged the costs of repairing the facility and equipment, or re- placing equipment damaged. 8-4-89 CSD:NCPol/Proc EXHIBIT A FEES Category I: Community Service Groups 1. Activities Conference Hall Lounge Room a. Resident PLEASE REFER TO CURRENT b. Non -Resident COUNCIL RESOLUTION REGARDING c. Security Deposit (required FEES only if alcohol is served) 2. Fundraising Activities a. Resident b. Non-resident c. Security Deposit Category II: Private Parties a. Resident b. Non -Resident c. Refundable Deposit 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 during evening (after 5 p.m.) and weekend use under any of the following circumstances: alcohol is served; more than 50 people are in attendance. 4. Licensed security guards are hired directly by the applicant. Verifica- tion 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 the following circumstance: alcohol is served and more than 75 people in attendance. 5. If the applicant damages the facility or borrowed equipment, then the cost of building or equipment repair or equipment replacement will be deducted from the deposit. Applicant is also liable for any such costs which may exceed the deposit. Deposits are returned within forty-five days by the Town of Los Gatos. 8-3-89 CSD:NCPol/Proc Date Dear Resident: The Town of Los Gatos Downtown Neighborhood Center was funded from federal tax dollars authorized by the Housing and Community Development Act of 1974. The facility belongs to the residents of the Town of Los Gatos for their use and enjoyment with primary emphasis towards senior citizen activities. The purpose of the Neighborhood Center Policies and Procedures Pamphlet is to assure that the facility is utilized for recreational, cultural, leisure and community services purposes which meet the total needs and interests of the Los Gatos community. The major use of the Neighborhood Center will be for Senior Citizen activities, the Community Education and Recreation Department and other publicly and privately funded community service groups. Such use will be paid for by public funds. However, when facilities are utilized by individuals or special interest organizations, use fees will be charged. Fees offset actual Town operating and maintenance costs for the Center. The policies, procedures, and fee schedules contained herein were approved by the Los Gatos Town Council on , and shall govern the use of the Neighborhood Center. These policies, procedures and fee schedules are reviewed periodically. The Town Council hopes you and your organization will enjoy the use of this facility for many years to come. Sincerely, Joanne Benjamin Mayor A:\FORMS\Po1&Proc.let August 7, 1989 Los Gatos, CA GREEN VALLEY/UNLIMITED SERVICE/OCTOBER 16, 1989/PUBLIC HEARING Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council consider the request for unlimited service by directing Town Clerk to schedule a Public Hearing on October 16, 1989 to consider unlimited service and curbside recycling as amendments to Green Valley Disposal Rates. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. NEIGHBORHOOD CENTER/POLICIES & PROCEDURES/RESOLUTION 1989-134 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt the Resolution 1989-134, entitled RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. SERVICE COMMENDATION/ELIZABETH HERLINGER/RESOLUTION 1989-135 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-135, entitled A RESOLUTION COMMENDING ELIZABETH HERLINGER FOR FOURTEEN YEARS OF VOLUNTEER SERVICE AT THE LOS GATOS MEMORIAL LIBRARY. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. SERVICE COMMENDATION/JOHN SMART/RESOLUTION 1989-136 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-136, entitled A RESOLUTION COMMENDING JOHN SMART FOR TWENTY-NINE YEARS OF SERVICE TO THE LOS GATOS MEMORIAL LIBRARY. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. CABLE TELEVISION/FRANCHISE/HEARST CABLEVISION-BRENMORE CABLE/RESOLUTION 1989-137 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-137, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO SIGN A CONTRACT WITH HAMMETT & EDISON TO CONDUCT A TECHNICAL AUDIT OF THE TOWN'S CABLE TELEVISION CONTRACT FOR CONSIDERATION OF A TRANSFER OF THE CABLE FRANCHISE FROM HEARST CABLE TELEVISION TO BRENMORE, INCORPORATED. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. KIMBLE AVE 49/0W: ALLEN/DENY APPEAL OF PC APPROVAL/RESOLUTION ADOPTION Motion by Mr. Hamilton, seconded by Mr. Ventura, that this item be continued to August 21, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. 4 August 7, 1989 Los Gatos, CA FORRESTER ROAD 206/REVOCABLE ENCROACHMENT/FENCE PERMIT/RESOLUTION 1989-133 Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council adopt Resolution 1989-133, entitled RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR AN EXISTING FENCE ON THE PUBLIC RIGHT-OF-WAY ALONG FORRESTER ROAD which issues permit to Doug and Diana Chan for an existing fence along the frontage of 206 Forrester Road. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. LARK AVE 16650/101 & 105 GARDEN HILL DRIVE/NOTICE OF COMPLETION Motion by Mr. Hmailton, seconded by Mr. Ventura, that Council authorize the Mayor to execute, and the Town Clerk to record, a Notice of Completion and Certificate of Acceptance for the public improvement work located at 16650 Lark Avenue. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. RACKETEERING ALLEGATIONS/SANTA CLARA COUNTY TRANSIT DISTRICT/REPORT Council approved report from Town Attorney recommending Council not take action on this matter at this time. Racketeering is a violation of Federal Statutory Law. The U.S. Attorney, Criminal Division, is the proper agency to review this complaint of alleged racketeering. The Town of Los Gatos has no jurisdiction over this matter. As such, Mr. O'Shea, complainant, should pursue this matter through other appropriate channels. DEER CONTROL/OAK HILL WAY 15/MEYER Council accepted informational report on deer problem in residential neighborhoods. Mr. Bill Meyer spoke on the issue during verbal communications, asking that Council take a more active part in the erradication of this problem. Council asked that a request be forwarded to Fish and Game to reconsider the problem. CLAIM REJECTION/ESCOVER Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council reject the claim of Timothy Escover filed with the Town Clerk on July 13, 1989. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. CURBSIDE RECYCLING/GREEN VALLEY DISPOSAL/OCTOBER 16, 1989/PUBLIC HEARING Motion by Mr. Hamilton, seconded by Mr. Ventura, that Council direct staff to negotiate a contract with Green Valley Disposal Company for provision of curbside recycling services, and direct Town Clerk to schedule a Public Hearing for October 16, 1989 to consider award of contract for curbside recycling and consideration of amendment to garbage collection rates. Carried by a vote of 3 ayes. Mr. Carlson and Mayor Benjamin absent. 3