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Staff ReportPREPARED BY : SHELAYNE HAMMACK M anagement Analyst Reviewed by: N/A Assistant Town Manager Town Attorney Finance C:\Users \slombardo \Downloads \DRAFT_Facilities_Use_Staff_Report (2).docx MEETING DATE: 10/18 /16 ITEM NO : 11 COUNCIL AGENDA REPORT DATE: OCTOBER 13 , 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: DISCUSS AND ADOPT AMENDMENTS TO COUNCIL POLICY 1 -04 ENTITLED TOWN FACILITIES USE POLICY REGARDING OAK MEADOW PARK RECOMMENDATION : Discuss and adopt amendments to Council Policy 1 -04 entitled Town Facilities Use Policy regarding Oak Meadow Park . BACKGROUND : On August 2, 2016 Town Council approved the Town Facilities Use Policy. Since that time, staff has received an inquiry regarding a potential event at Oak Meadow Park that raises policy questions that need ed to be addressed by the Town Coun cil Policy Committee . The Committee reviewed the proposed changes at its September 29, 2016 meeting. After listening to public testimony and discussing the matter, the Committee directed staff to bring back a revised draft of the Policy including langua ge specifying that no event can shut down the entire park. Attachment 1 was approved by the Policy Committee on October 13 th . DISCUSSION : The purpose of the Town’s Facilities Use Policy is to establish procedures for managing the use of Town facilities by Town staff, volunteers, and the general public as staff often receives requests for use . This policy was created to encompass all Town Facilities, rather than just Civic Center, which 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 schedu le) that can be reserved in some capacity. PAGE 2 MAYOR AND TOWN COUNCIL October 13 , 2016 SUBJECT: DISCUSS AND ADOPT AMENDMENTS TO COUNCIL POLICY 1 -04 ENTITLED TOWN FACILITIES USE POLICY REGARDING OAK MEADOW PARK DISCUSSION (Cont’d): The facilities in the current 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 In order to develop special event parameters for Oak Meadow Park, s taff revised the Town Facilities Use Policy to define the use of Oak Meadow Park as a whole, not just the Bandstand . The Policy Committee’s main priority for the amendme nts is to highlight that public spaces are to remain open and must always be used for the public; therefore the Park should never be taken over or closed completely. These proposed policy changes (redlined on Attachment 1) will give staff the clarity and ability to guide individuals on event requests, and the parameters will help protect Oak Meadow Park from overuse. CONCLUSION : Discuss and adopt amendments to Council Policy 1 -04 entitled Town Facilities Use Policy regarding Oak Meadow Park . ALTERNATIVES: Alternatives include: 1. Direct staff to develop a separate Special Event Policy for Town parks. 2. Dir ect staff to review each large Special Event A pplication on a case by case basis and bring to Town Council when necessary . 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. Revised draft Council Policy 1 -04 COUNCIL POLICY MANUAL Title : TOWN FACILITIES USE Policy Number : 1 -04 Effective Date : 8/3/16 Pages : Enabling Actions : Revised Date : Approved : Small Town Service Community Stewardship Future Focus 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 agencies. Which will: 1. Preserve core functions. 2. Provide for public access and use of civic facilities. 3. Facilitate and c oordinate 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 pur poses of celebration, education or 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. Attachment 1 Title : TOWN FACILITIES USE Page : 2 of 7 Policy Number : 1 -04 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 resp onsible for the day -to -day operation of scheduling and administering facilities’ reservation. 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 facili ty. 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 th e 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 licens e 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 ser ved” basis. A tentative reservation may be made up to one year in advance by submitting an application for a S pecial E vent P ermit, and R elease of L iability. All required paperwork must be submitted wit 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. Title : TOWN FACILITIES USE Page : 3 of 7 Policy Number : 1 -04 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 pres ent 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”. 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 maki ng coverage primary, $1,000,000 liability insurance. c. Release of Liability, Assumption of Risk and Indemnity Agreement Title : TOWN FACILITIES USE Page : 4 of 7 Policy Number : 1 -04 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 S chedule. All checks are to be made payable to “The Town of Los Gatos”. C. Council Chamber 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 resi dents 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: a. Town Council/Boa rd, 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 an d 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 led by the Town Council or Town Dep artment. 5. A Building Attendant is required for all meetings regardless of meeting time or size. The Town will schedule the Building Attendant and invoice Title : TOWN FACILITIES USE Page : 5 of 7 Policy Number : 1 -04 the applicant for the actual time scheduled. The Building Attendant will be responsible for the openin g 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. a. Absolutely no open flames are allowed in the Chambers or Lobby. b. No foreign substance may be applied to the floo r, 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, col or, 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 T own 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. Others Boards and Commissions d. Town Departments e. All other Town uses Title : TOWN FACILITIES USE Page : 6 of 7 Policy Number : 1 -04 E. Town Plaza Park and Oak Meadow Park Town Plaza Park and Oak Meadow Park , as focal points for the Town of Los Gatos, shall be used as a location for free gatherings that are open to the public. E vents allowed includ e 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 even t per week. 3. No event may completely shut down the park. The park must always remain accessible to the public. 4. Private parties (outside of Town designated reservable spaces ) and fee for entrance events are not allowed. I ncidental i tem sales may be allowed if they are consistent with the event activitie s , as approve d . 5. Public entrances to the event venue must remain open to the public. This includes gates, roads, sidewalks, pathways , and parking lots. If shuttle buses are approved, the parking lot may be closed with a parking attendant present . Parking spots cannot be reserved, unless to increase handicap spots. 6. Recurring , multi day, or events beyond the scope of the Town ’s Special Event Permit shall require a Town agreement and receive Town Council approval. 7. 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”. Title : TOWN FACILITIES USE Page : 7 of 7 Policy Number : 1 -04 APPROVED AS TO FORM: Robert Schultz, Town Attorney