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Staff Report Civic Center Use PolicyPREPARED BY: Laurel Prevetti Town Manager Reviewed by: N/A Assistant Town Manager Town Attorney Finance N:\SHARE\COUNCIL REPORTS\2016\08-02-16\13 Civic Center use Policy\Staff Report Civic.Center.Use.Policy.docx MEETING DATE: 08/02/16 ITEM NO: 13 COUNCIL AGENDA REPORT DATE: JULY 22, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S RECOMMENDATION FOR A TOWN FACILTIES USE POLICY RECOMMENDATION: Discuss and adopt the Policy Committee’s recommendation for a Town Facilities Use Policy. BACKGROUND: Beginning in 2015, the Council Policy Committee expressed a desire to review and discuss existing policies, procedures, and guidelines for the use of Civic Facilities and to draft a Town Facilities Use Policy that establishes criteria and direction for the use of Civic Facilities. On April 28, 2016 Policy Committee meeting, the committee provided staff with general guidelines for drafting a policy for the Civic Center lawn area and directed staff to return to its next meeting with a draft policy for review. At the May 12, 2016 Policy Committee meeting, the Committee provided staff with feedback on the draft policy and further directed staff to return with another revised draft policy for review. On the June 6, 2016 Policy Committee meeting, the committee reviewed the policy, provided comment on the revised draft, and directed staff to make edits and provide a final draft Town Facilities Use Policy to the committee for review and approval DISCUSSION: Over the course of several committee meetings, the Policy Committee directed staff to develop a policy that encompasses Town Facilities, rather than just Civic Center. This was determined in order to create consistency and better meet the needs of all facility users. The Town Facilities Use Policy includes all facilities (other than parks that aren’t already specified in the Town’s special event permit process and fee schedule) that can be reserved in some capacity. PAGE 2 MAYOR AND TOWN COUNCIL JULY 21, 2016 SUBJECT: DISCUSS AND ADOPT THE POLICY COMMITTEE’S RECOMMENDATION FOR A TOWN FACILTIES USE POLICY DISCUSSION (Cont’d): These facilities in the policy include:  Civic Center Lawn  Civic Center Deck and Stairs  Council Chambers and Lobby  Civic Facilities Conference and Meeting Rooms  Town Plaza Park and Oak Meadow Bandstand The purpose of this policy is to establish policies and procedures for managing the use of Town facilities by Town staff, volunteers, and the general public as staff often receives requests to use facilities. Attachment 1 contains the draft Town Facilities Use Policy that identifies general guidelines for the use of the Civic Center lawn, incorporates existing policy and procedures for the use of the Council Chambers and lobby along with Civic Center deck and stairs, guidelines for the use of meeting rooms located in Town Facilities, and direction for more specific facilities including Town Plaza Park and Oak Meadow Bandstand. It is the recommendation of the Policy Committee for Town Council to adopt a policy that is clear regarding the use of Town Facilit ies, so staff can implement these guidelines and create consistency among users. CONCLUSION: Discuss and adopt the Policy Committee’s recommendation for a Town Facilities Use Policy. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There is no fiscal impact associated with this action. Attachments: 1. Staff Report of June 7, 2004 2. Draft Town Facilities Use Policy Title: Page: 1 of 6 Policy Number: PURPOSE To establish a policy for managing use of the Town of Los Gatos Town facilities for use by the general public, official Town business, and governmental a gencies. Which will: 1. Preserve core functions. 2. Provide for public access and use of civic facilities. 3. Facilitate and Coordinate multiple uses of civic facilities. SCOPE Guiding Principles 1. Civic facilities are intended to be used primarily for administrative operations of the Town programs, and of the Town for the community. Therefore, official Town business, programs, and activities shall have priority use of all civic facilities. 2. Civic facilities are further intended to serve as a hub of civic and cultural activity and a major gathering center for community meetings and an active program of outdoor events. 3. Designated portions of the civic facilities may be used by the public for events including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education, cultural enrichment. 4. It is the Town’s intent to provide spaces that are affordable and accessible for cultural, civic, and celebratory activities, without compromising security and official Town business needs. POLICY Policy Overview 1. The Town Council will establish the civic facilities use policy. The Town Manager and his or her designee will issue permits and use agreements for events, and act as the final authority for the application of the policy. 2. The Town Manager’s Office is responsible for the day-to-day operation of scheduling and administering facilities’ reservation. Title: Commission Appointments Page: 2 of 6 Policy Number: 2-11 3. The granting of permission to use any civic facility shall not in any way constitute an endorsement of the views of the persons and/or group reserving the facility. 4. Users of civic facilities for outdoor events will be required to enter into an agreement and comply with all requirements set forth in this Town Facilities Use Policy. 5. All civic facility use reservations shall be made subject to the condition that the Town maintains the right to cancel or change any reservation if civic facilities are needed for official Town business. In no event shall the Town have any liability whatsoever for any cancellation made under the Town’s authority to do so. 6. Use of civic facilities must not interfere with the conduct of official Town business or be unduly disruptive to others present in Town Hall or to adjacent properties. 7. All commercial activities shall be prohibited except as provided in an appropriate permit, or license issued by the Town or provided for in an agreement with the Town. Public Use –Civic Facilities A. Civic Center Lawn The Civic Center lawn, as a focal point for the Town of Los Gatos Civic Center, shall be used as the regular location for community gatherings and events free and open to all members of the public including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural enrichment. 1. Reservations are processed on a “first come, first served” basis. A tentative reservation may be made up to one year in advance by submitting an application for a special event permit, and release of liability. All required paperwork must be submitted with original signatures. 2. Events are limited to one event per week. Recurring or continuing events shall require both a Town agreement and Town Council approval. 3. Private parties are not allowed. 4. Scheduled events must not interfere with the conduct of official Town business or be unduly disruptive to others present in Town Hall or to adjacent properties. 5. The following must be submitted and approved no later than two months prior to the scheduled event: a. Special event permit application or Town agreement b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, $1,000,000 liability insurance Title: Commission Appointments Page: 3 of 6 Policy Number: 2-11 c. Release of Liability, Assumption of Risk and Indemnity Agreement d. Complete payment of all applicable fees and charges for use as established within the municipal code and are contained in the Town’s fee schedule. All checks are to be made payable to “The Town of Los Gatos”. B. Civic Center Deck and Stairs The Civic Center Deck and Stairs shall be used as the regular location for community gatherings and events free and open to all members of the public including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural enrichment. 1. Reservations are processed on a “first come, first served” basis. A tentative reservation may be made up to one year in advance by submitting an application for a special event permit, and release of liability. All required paperwork must be submitted with original signatures. 2. Events are limited to one event per week. Recurring or continuing events shall require both a Town agreement and Town Council approval. 3. Private parties are not allowed. 4. Scheduled events must not interfere with the conduct of official Town business or be unduly disruptive to others present in Town Hall or to adjacent properties. 5. The following must be submitted and approved no later than two months prior to the scheduled event: a. Special event permit application or Town agreement b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, $1,000,000 liability insurance c. Release of Liability, Assumption of Risk and Indemnity Agreement d. Complete payment of all applicable fees and charges for use as established within the municipal code and are contained in the Town’s fee schedule. All checks are to be made payable to “The Town of Los Gatos”. C. Council Chambers and Lobby The Town Council Chambers and Lobby may be reserved by federal, state, county, and municipal agencies, and schools for activities that benefit Los Gatos residents and students. The Town Council Chambers and Lobby may also be reserved by agencies providing government education programs. 1. The Town may grant permission to use the Town Council Chambers and Lobby in the following priority schedule: Title: Commission Appointments Page: 4 of 6 Policy Number: 2-11 a. Town Council/Board, Commission, and Committees, including ceremonials b. Town Departments c. Town established Organizations and Committees (in which Town employees or Town officials participate) d. Government Agencies and Officials e. All other users 2. Reservations are processed on a “first come, first served” basis. A tentative reservation may be made up to six months in advance by submitting an application, and release of liability. All required paperwork must be submitted with original signatures. 3. The following must be submitted and approved no later than two weeks prior to the scheduled event: a. Application for Use of Room b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, $1,000,000 liability insurance c. Release of Liability, Assumption of Risk and Indemnity Agreement d. Complete payment of Building Attendant. All checks are to be made payable to “The Town of Los Gatos”. 4. During the evenings (after 5 p.m.), on the weekends (Saturdays and Sundays), and on Holidays, all users will be charged a facility use fee and other applicable charges for Town services as set forth in the fee schedule, unless the meeting or event is for official Town business, and the meeting or event is planned, managed, and let by the Town Council or Town Department. 5. A building attendant is required for all meetings regardless of meeting time or size. The Town will schedule the building attendant and invoice the applicant for the actual time scheduled. The building attendant will be responsible for the opening and closing of the facility and overseeing that the room is returned to its original condition. 6. Use is limited to a maximum of ten hours, per event, subject to other scheduled events, or Town use. 7. Groups composed of minors must be supervised by at least one (1) adult for every ten (10) children under the age of 18) at all times while they are using the facility. 8. Alcohol is not permitted in the Council Chambers or Lobby. 9. Applicants are responsible for setting up before and cleaning up after each event in the Chambers and/or Lobby. Applicants shall be responsible for removing all personal property, owned or rented, prior to vacating the facility. Title: Commission Appointments Page: 5 of 6 Policy Number: 2-11 a. Absolutely no open flames are allowed in the Chambers or Lobby. b. No foreign substance maybe applied to the floor, walls, or ceiling (this includes decorations). c. No rice, birdseed, confetti, etc., may be thrown in or around the Town Council Chambers. d. Gambling or wagering is prohibited. 10. Use of the Town Council Chambers will not be restricted because of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, medical condition, religion, place of national origin, or any other basis prohibited by law. 11. Any exceptions to the use regulations must be approved, in writing, by the Town Manager. D. Civic Facilities Conference and Meeting Rooms Conference and Meeting Rooms located within Town Hall, the Library, the Police Operations Building and the Parks and Public Works Corporation Yard shall be used solely for conducting official Town business. 1. The Town may grant permission to use the Meeting Rooms in the following priority schedule: a. Town Council and Town Council Committees b. Planning Commission c. Other Boards and Commissions d. Town Departments e. All other users E. Town Plaza Park and Oak Meadow Bandstand Town Plaza Park and Oak Meadow Bandstand, as focal points for the Town of Los Gatos, shall be used as the regular location for free to the public community gatherings and events including concerts, festivals, ceremonies, or other similar activity for the purposes of celebration, education or cultural enrichment. 1. Reservations are processed on a “first come, first served” basis. A tentative reservation may be made up to one year in advance by submitting an application for a Park Use permit and/or a Special Event permit, and Release of Liability. All required paperwork must be submitted with original signatures. 2. Events are limited to one event per week. 3. Private parties are not allowed. Title: Commission Appointments Page: 6 of 6 Policy Number: 2-11 4. Recurring or continuing events shall require a Town agreement and receive Town Council approval. 5. The following must be submitted and approved no later than six months prior to the scheduled event: a. Park Use Permit, Special Event Permit Application or Town Agreement b. Certificate of Insurance and Endorsement, naming the Town as an additional insured and making coverage primary, $1,000,000 liability insurance c. Release of Liability, Assumption of Risk and Indemnity Agreement d. Complete payment of all applicable fees, deposits, and charges for use as established within the Municipal Code, Park Use Fees, and as contained in the Town’s Fee Schedule. All checks are to be made payable to “The Town of Los Gatos”. APPROVED AS TO FORM: Robert Schultz, Town Attorney