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HomeMy WebLinkAbout07-10-2012 PRC Agenda PACKET City of Saratoga Parks and Recreation Commission Site Visit & Regular Meeting AGENDA DATE: Tuesday, July 10, 2012 TIME: 5:00 p.m. – 8:30 p.m. LOCATION: Saratoga City Hall Administrative Conference Room 13777 Fruitvale Avenue Saratoga, CA 95070 Site Visit- 5:00 p.m. Congress Springs Quarry Tour- South of Highway 9 (Congress Springs Road) 1. Congress Springs Quarry- Review property and discuss parameters of recommendations for Master Plan Call to Order Roll Call Report on Posting of the Agenda: Pursuant to Government Code Section 54954.2, this meeting was properly posted July 3, 2012. Accept Agenda Items: No additional items may be added pursuant to Government Code Section 54954.2. Oral & Written Communication: Any member of the public may address the Commission about any matter not on the agenda for this meeting for up three minutes. Commissioners may not comment on the matter, but may choose to place the topic on a future agenda. Approval of Draft Parks and Recreation Commission (PRC) Minutes: - May 8, 2012 Old Business: 1. Let’s Walk Saratoga Issue: In February 2011, the City Council approved a resolution to become a Let’s Move City. In July, the Let’s Move City Ad Hoc prepared a draft Let’s Move City plan that was approved by the Council at the August 17, 2011 City Council meeting. The draft plan includes direction to the PRC to organize a program or activity that encourages physical activity. The Commission discussed this Council directive at the September 2011 and November 2011 meetings. During the November meeting, the PRC voted to move forward with Let’s Walk Saratoga and formed a subcommittee to work on the project. Action: Hear report from Let’s Walk Saratoga subcommittee on June 16th Let’s Walk Saratoga which took place at Congress Springs Park and discuss next event tentatively scheduled for Saturday, August 25th at Montalvo. 2. PRC Work Plan Issue: At the January 2012 meeting, the Commission discussed the PRC’s 2012 work plan and suggested to include the following projects into the work plan: Let’s Walk Saratoga, the Daffodil Planting, the planning for the Village Creek Trail and Quarry property, and placing distance markers on trails and park pathways. Action: Director of Public Works, John Cherbone will be present to discuss Master Plan expectations and give update on mile markers at trails. 3. City Council Joint Meeting Agenda Issue: The PRC and PEBTAC are scheduled to hold a joint meeting with the Saratoga City Council on September 05, 2012 at 6:00 p.m. in the Administrative Conference Room at City Hall. The purpose of the annual meeting is to provide the Council with an update on the status of the Commission and request approval of priorities and goals for the upcoming year. Action: Develop an agenda for the City Council Joint Meeting. 4. Wildwood Cinema Movie Night Issue: On September 10, 2011, the City, PRC, and Saratoga Monte Sereno Community Foundation hosted Wildwood Cinema Movie Night. During the event, the movie Up was shown for free. The PRC would like to host more a movie night event in the summer of 2012. Action: Finalize Movie Night planning activities. City staff has reserved the equipment for the Saturday, September 8, 2012 Movie Night event. The City Council has approved the extension of hours at Wildwood Park and gave the Commission permission to request for funds from the Saratoga- Monte Sereno Community Foundation. City staff also submitted a request of $900 from the Community Grant funds. Commission should discuss the outreach to Village neighborhood and next steps. New Business 5. Saratoga Parks Ordinance Update Issue: Since April 2012, staff has been working to improve oversight of large events in City parks. In particular, staff has been identifying ways to prevent conflicting uses in parks, ensure adequate support and facilities for large events, and make coordination of large park events more customer friendly. As a result, staff has been reviewing park requirements for large events in City parks. Staff is requesting that the Parks and Recreation Commission make a recommendation on the ordinance to the City Council at the July 10, 2012 Parks and Recreation Commission meeting. The parks ordinance is scheduled to go before the City Council on August 15, 2012. Action: Review proposed changes and make a recommendation to the City Council on the changes. Commissioner & Staff Reports (This includes committee updates and park reports. This section is informational only; no actions will be taken.) Agenda Items for Next Meeting - September 11, 2012 Adjournment In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, contact the Mainini Cabute at 408.868.1275 or mcabute@saratoga.ca.us. Requests must be made as early as possible and at least one full business day before the start of the meeting. Parks and Recreation Commission Agenda Note: In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Parks and Recreation Commission by City staff in connection with this agenda are available at the office of the City Manager at 13777 Fruitvale Avenue, Saratoga, California 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Manager at the time they are distributed to the Parks and Recreation Commission. Certificate of Posting of Agenda: I, Mainini Cabute, Administrative Analyst II for the City of Saratoga, declare that the foregoing agenda for the meeting of the Parks and Recreation Commission of the City of Saratoga was posted on March 9, 2012 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us. City of Saratoga Parks and Recreation Commission MINUTES DATE: Tuesday, May 8, 2012 TIME: 6:30 p.m. – 8:30 p.m. LOCATION: Saratoga City Hall Administrative Conference Room 13777 Fruitvale Avenue Saratoga, CA 95070 Call to Order Roll Call Present: Thomas Soukup, Mark Johnson, Vita Bruno, Terence Ward, Christine Zak Absent: None Staff & Liaisons: Mainini Cabute Report on Posting of the Agenda: Pursuant to Government Code Section 54954.2, this meeting was properly posted May 4, 2012. Accept Agenda Items: No additional items may be added pursuant to Government Code Section 54954.2. Oral & Written Communication: Any member of the public may address the Commission about any matter not on the agenda for this meeting for up three minutes. Commissioners may not comment on the matter, but may choose to place the topic on a future agenda. Approval of Draft Parks and Recreation Commission (PRC) Minutes: - March 13, 2012 - Johnson moved to accept, Thomas seconded. Minutes accepted. Old Business: 1. Let’s Walk Saratoga Issue: In February 2011, the City Council approved a resolution to become a Let’s Move City. In July, the Let’s Move City Ad Hoc prepared a draft Let’s Move City plan that was approved by the Council at the August 17, 2011 City Council meeting. The draft plan includes direction to the PRC to organize a program or activity that encourages physical activity. The Commission discussed this Council directive at the September 2011 and November 2011 meetings. During the November meeting, the PRC voted to move forward with Let’s Walk Saratoga and formed a subcommittee to work on the project. Action: Hear progress report from Let’s Walk Saratoga subcommittee and continue coordination of Let’s Walk Saratoga. - Commission agreed to change the event day to Saturday June 16th at 9:30 a.m. and discussed outreach to include KSAR, Facebook pages, the Saratoga News, and website news, and fliers. Commission suggested that there should be a PR plan for all events which follow a routine distribution. 2. PRC Work Plan Issue: At the January 2012 meeting, the Commission discussed the PRC’s 2012 work plan and suggested to include the following projects into the work plan: Let’s Walk Saratoga, the Daffodil Planting, the planning for the Village Creek Trail and Quarry property, and placing distance markers on trails and park pathways. Action: Discuss 2012 PRC work plan. -Commissioners discussed that the following items should be included in its 2012 Work Plan: - Marketing strategy: PRC would like to focus on finding ways to successfully advertise its events. -Daffodil project: Zak will lead. -Let’s Walk Saratoga: Bruno and Zak -Audubon activities: Johnson will lead -Movie Night: Soukup and Ward -Quarry Master Plan- All Commissioners requested clear direction about their role in making a recommendation to Council about the Master Plan. Specifically, what is PRC expected to do and what are the timelines. -Distance Marker Project- All Commissioners requested that Public Works staff take ownership of this task. 3. City Council Joint Meeting Agenda Issue: The PRC and PEBTAC are scheduled to hold a joint meeting with the Saratoga City Council on September 05, 2012 at 6:00 p.m. in the Administrative Conference Room at City Hall. The purpose of the annual meeting is to provide the Council with an update on the status of the Commission and request approval of priorities and goals for the upcoming year. Action: Develop an agenda for the City Council Joint Meeting. -Commissioners prioritized their projects in preparation for their meeting with the Council in September. Refer to item #2 for list of projects. Commissioners plan to create two lists: one that contains all of the projects that the Commission would like to do and another that has just the projects that will be focused on in 2012. No item #4 5. Wildwood Cinema Movie Night Issue: On September 10, 2011, the City, PRC, and Saratoga Monte Sereno Community Foundation hosted Wildwood Cinema Movie Night. During the event, the movie Up was shown for free. The PRC would like to host more a movie night event in the summer of 2012. Action: Organize next event. -Commissioners voted to present Wall- E at the September 8th Movie Night event and if it is not available, next two choices are Finding Nemo, and Toy Story. Soukup and Ward will be the lead event coordinators and will work with City liaison to impellent the action plans. Commissioners plan to advertise that families should bring their own picnic and the Commissioners will request for a permit to consume alcohol. New Business 9. VTA BPAC Committee recruitment Issue: Each city in Santa Clara County has a representative on the VTA Bicycle & Pedestrian Advisory Committee (BPAC). Each city is responsible for appointing its own representative. Ray Cosyn, Saratoga’s current representative, ends his term on June 30, 2012 and does not want to renew his term on the committee. The City is recruiting for a new representative. The City is looking to its various commissions with hopes to find someone who may be interested. Action: Discuss recruitment possibilities. -Commissioners requested that the VTA BPAC description be emailed to them. Commissioner & Staff Reports (This includes committee updates and park reports. This section is informational only; no actions will be taken.) Committee Updates: -Commissioners gave brief updates about their assigned parks. Agenda Items for Next Meeting - July 10th, 2012 -Commissioners would like to discuss the Quarry Master Plan and complete the Work Plan one page summary. -Finalize Movie Night planning -Let’s Walk Update Soukup moved to adjourn, Ward seconded. End time 8:22 p.m. City of Saratoga Memorandum To: City of Saratoga Parks and Recreation Commission From: Crystal Morrow, City Clerk City of Saratoga Date: July 10, 2012 Parks and Recreation Commission Meeting Subject: Parks Ordinance Update Recommendation: Review the ordinance and provide a recommend action to the City Council on the ordinance that would amend City Code Article 11-05 and Article 11-10. Background: Since April 2012, staff has been working to improve oversight of large events in City parks. In particular, staff has been identifying ways to prevent conflicting uses in parks, ensure adequate support and facilities for large events, and make coordination of large park events more customer friendly. As a result, staff has been reviewing park requirements for large events in City parks. In reviewing large event requirements in City parks, staff has been evaluating language in City Code Article 11-05 and Article 11-10 in Chapter 11 – Parks and Recreation of City Code. These two sections of City Code describe which activities are allowed in parks and activities that are allowed with special permits. Staff has prepared a draft parks ordinance, attached to this report, which would update language in Article 11-05 and Article 11-10. The proposed revisions are intended to clarify requirements for large events in parks and special permits while better reflecting current City practices. Staff is requesting that the Parks and Recreation Commission make a recommendation on the ordinance to the City Council at the July 10, 2012 Parks and Recreation Commission meeting. The parks ordinance is scheduled to go before the City Council on August 15, 2012. A summary of changes in the proposed ordinance are listed below: 1. Revises language to make the Article 11-05 and Article 11-10 easier to understand and better reflect current City practices. 2. Designates the City Manager as Director of Parks so that specific park functions may be delegated to different departments, as appropriate. 3. Clarifies rules regarding alcohol to better implement the City Council’s prior direction that beer or wine may be consumed in all parks and consumption of beer or wine by a group of 12 or more in a park would require a special use permit. 4. Removes references to skate parks, because the City has no skate parks. 5. Reflects current practices by authorizing reservations of specific park facilities and providing individuals with reservations exclusive use the reserved area. 6. Clarifies that sales of food or goods in City parks must be conducted in connection with sports events or events of 75 persons or more. 7. Replaces noise standards based on the wattage of sound equipment with references to the existing City Code noise standards for parks. 8. Allows staff to approve “movie nights” open to the public without charge through a special use permit instead of requiring such uses to come before the City Council. 9. Conforms to current practice by specifying that insurance is required for group use permits and describes added measures that may be required to protect parks (e.g., a park attendant, damage deposit, etc.). Attachments: - Parks Ordinance Update Showing Proposed Changes Page 1 of 12 DRAFT 6/20/12 Saratoga Parks Ordinance Update Text to be added is shown in bold, double underlined font (example). Text to be deleted is shown in strikethrough (example). A. Article 11-05 - GENERAL PROVISIONS 11-05.010 - Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Amplified sound means speech or music projected or transmitted by electronic equipment including, but not limited to, amplifiers, loudspeakers, microphones, bull horns or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of speech, music or other sound and are powered by electricity or other sources of energy. (b) Park means and includes all real property, including grounds, roadways, parks, playgrounds, open space reservations, recreation centers or any part or area thereof, located within the City and open to the public for either active or passive recreation, whether owned, leased or maintained by the City. The term shall include all buildings, structures and other facilities located on such real property devoted to such use, and all parks are declared to be sanctuaries for wildlife. (c) Director of Parks, hereinafter in this Chapter referred to as "Director," means that person having authority over all parks within the City, and to whom is delegated the primary authority, responsibility and jurisdiction to administer and enforce the provisions of this Chapter. The Director of Public Works City Manager shall serve as the Director of Parks, or such other person(s) as may be designated by the City Manager shall serve as the Director of Parks. 11-05.020 - Hours of park operation; temporary closing. Unless otherwise provided in this Code or designated by minute order or resolution of the City Council, or unless otherwise posted at a particular park, all parks shall be closed to the public from one-half hour after sunset until sunrise of the following day, and no person other than an officer or employee of the City shall be or remain in any park during such hours of closure. In addition, the Director shall have the power to close all or any portion of any public park for other hours and times of any day as may be reasonable or necessary in order to Page 2 of 12 DRAFT 6/20/12 protect the public health, safety or welfare, and shall have the further power to close all or any section of any park to the public at any time, and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise), either entirely or to close the same to certain particular uses, as may be reasonable or necessary under the circumstances to protect the public health, safety and welfare. 11-05.030 - Acts prohibited in parks generally. No person shall do any of the following acts within the limits of any park in the City: (a) Cut, carve, paint, mark, deface, disfigure, tamper with, displace or remove any building or structure or any real or personal property, including, without limitation, any bridge, table, bench, fireplace, barbecue, fence, railing, monument, apparatus, facility, paving, water or other public utility lines, or utilities or parts or appurtenances thereof, nor cut, carve, paint, mark, paste, nail, staple or fasten in any fashion any mark, writing, bill, advertisement, sign, card, or display, on any tree, fence, wall, building, monument or other structure. (b) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, nor pick any flowers, foliage, berries or fruit of any such tree, shrub or plant. (c) Excavate, dig up or remove any grass, turf, dirt, earth, sand, gravel, stone, rock, mineral or other substance or substances of which the property is composed or contains; or otherwise engage in any excavation or quarrying, nor remove nor carry away any timber of felled trees, or wood or other materials located within or upon the ground not otherwise specifically enumerated herein. (d) Erect or construct or move into a park any building or structure of any kind, whether temporary or permanent in character, including without limitation tents or other temporary shelters for the purpose of overnight camping, house trailer, camp trailer, pickup camper, or other movable structure or vehicle used or to be used for any such purpose, except as may otherwise be provided in this Chapter. (e) Climb any tree or walk, stand or sit upon any monument, vase, fountain, railing, fence or other structure not designated or customarily used for such purpose. (f) Go upon any lawn or grass plot, where legible signs prohibiting the same are posted in a conspicuous location on or near such plot of lawn or grass. (g) Use, carry or possess any firearm of any description, or air rifle, spring gun, bow and arrow, sling shot, sling or other form of weapon potentially dangerous to wildlife or to human safety, nor hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, bird or reptile, with the exception of snakes known to be deadly poisonous such as rattlesnakes, which may be killed upon sight; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest of any young of any reptile or bird. Page 3 of 12 DRAFT 6/20/12 (h) Use or attempt to use or interfere with the use of any fireplace, barbecue, table, space or facility which at the time is reserved for any other person or group of persons which has received a permit reservation from the Director therefor in accord with Article 11-10. (i) Be under the influence of intoxicating beverage or any drug so as to be a threat to the safety of himself or any other person or property in such park or consume, exhibit, or possess any alcoholic beverage other than beer or wine with an alcohol content of fifteen percent or less. (j) Have in his possessionPossess, or set off, or otherwise cause to explode or burn any firecrackers, torpedoes, rockets or other fireworks or explosives of inflammable material, or discharge them or throw them into any park area from land or any other property or highway adjacent thereto. (k) Permit or allow any dog owned by such person, or under the custody or control of such person, to enter or remain in the park or any part thereof unless securely held and led by a leash of not more than six feet in length, securely attached to a harness or collar on such dog. Should any dog defecate on any park premises or property, the person who owns said dog, or has custody or control of said dog, shall immediately remove any and all excrement from the park. (l) Use or occupy any area or facility in any manner contrary to any posted notice, including without limitation the entering of any area posted as being closed to the public. (m) Throw, discharge or otherwise place or cause to be placed in the waters of any pond, lake, stream, creek, natural waterway, fountain, storm sewer or drain, swimming pool or any other body of water in or adjacent to any park, any substance, matter or thing, solid or liquid, which would cause or result in the contamination or pollution of such waters, or which would in any way clog or jam or interfere with the drainage, recycling, filtering or flow of such body of water. (n) Place, dump, deposit or leave any garbage, refuse, rubbish or other trash, including without limitation any bottles, broken glass, ashes, paper boxes, cans and similar items in any of the buildings or grounds of any park, except in proper receptacles or containers as are provided for the purpose of such disposal. (o) Ride or propel a skateboard upon any driveway, roadway, parking area or tennis court within such park, except within a skate park established by the City in accordance with Section 11-05.080. (p) Throw, kick, or hit any ball, rock, or other object into any public driveway, roadway, highway, parking area, sidewalk, bicycle path, or trail inside or outside the park in such a manner that the ball, rock, or other object could cause injury to any person or cause damage to any vehicle or other property. (q(q) Hawk, vend, peddle, sell, solicit the sale of or offering for sale any food, Page 4 of 12 DRAFT 6/20/12 drink, goods, wares, merchandise or services of any kind, or advertisement of the same, in any park or area thereof except at an event with a sports use permit or a gathering of 75 persons or more subject to a group use permit. (r) Amplified or non-amplified sound in violation of the noise ordinance standards for parks set forth at section 7-30.040 except in accordance with a noise exception permit issued pursuant to this Code. (qs) Any act which is in violation of any other provision of this Code or other ordinance of the City, or in violation of any County or State law. The above prohibitions shall not be applicable to any officer or employee of the City acting in the course and scope of his that person’s employment. 11-05.040 - Acts prohibited except in designated areas. No person shall do any of the following acts within the limits of any park in the City except in such areas of the park where specifically permitted: (a) Make, build, light, kindle or maintain any fire for any purpose, except at the specific picnic places provided for such purpose, and then only in a camp stove, or a fireplace or barbecue facility provided therefor. All such fires shall at all times be attended by at least one responsible person, and before leaving the area of such fire, the same shall be completely extinguished. (b) Stop, stand or park any motor vehicle or bicycle in other than a designated parking area, which use shall be in accord with all posted directions, and with instructions of any parking attendant in the employ of the City. (c) Ride on or in, or drive, any motor vehicle in any park area other than a designated parking area, except such area as is specifically signposted to permit such operation, except that, unless otherwise designated, motor vehicles may be operated at a speed of not to exceed fifteen miles per hour on all paved roads in any park area. (d) Operate or ride as a passenger on any bicycle on other than a paved road or bicycle path designated for that purpose. (e) Ride or lead any horse on other than paved roads or equestrian pathways designated for that purpose, or cause, permit or allow any horse or other domestic animal to be untethered or otherwise to be loose or to roam upon any park area. (f) Urinate or defecate other than in the receptacles provided therefor in restrooms provided for such purpose. (g) Practice or play golf, or operate any motor-driven model airplanes, boats or cars, or swim or bathe, or engage in any archery or target practice or fishing, except in such areas as are specifically signposted and designated therefor. (h) Lunch or picnic in any place other than as signposted and designated for such Page 5 of 12 DRAFT 6/20/12 purpose, and in such regard, fireplaces, barbecue facilities, benches and tables unless reserved in accordance with Article 11-10 shall be used on a first-come, first-served basis and no person shall use such area or facilities for an unreasonable length of time for such purpose. (i) Day or night camping in other than designated areas. (j) Engage in any organized team sport or game except in areas specifically designated therefor. 11-05.050 - Acts prohibited except with special permit. No person shall do any of the following acts within the limits of any park in the City except upon the issuance of a special permit for such act(s) pursuant to Article 11-10, and only so long as such permit remains in full force and effect, and the permittee has complied with all conditions set forth therein, and the permittee has obtained all other governmental approvals required for the permitted use (e.g., noise exception permit for amplified sound in excess of noise standards, business license for sales, County Health Department approval for serving food, etc.): (a) The use or occupation of any park or area thereof by any publicly advertised assemblage or by any group of persons twelve seventy-five or more in number. (b) The right to the exclusive use or occupation of any park or area thereof by any person or group of persons, regardless of number. (c) Use any device to create amplified (c) The use or occupation of any park or area thereof after the times specified in section 11-05.020 for showing of a movie open to the public without charge. (c) Amplified sound exceeding twenty-five watts of total output from all channels of equipment used in any park or area thereof. (d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any food, drink, goods, wares, merchandise or services of any kind, or advertisement of the same, in any park or area thereof. at an assemblage of persons seventy-five or more in number. (e) The consumption, exhibition, or possession of any alcoholic beverage other than beer or wine with an alcohol content of fifteen percent or less by any person in a publicly advertised assemblage or any group of persons twelve or more in number. 11-05.053 - Posting of signs in Congress Springs Park. (a) Notwithstanding any other provision of this Code, in Congress Springs Park signs, banners, and posters may be posted, affixed, or otherwise attached in accordance with this Page 6 of 12 DRAFT 6/20/12 Section of the Code provided that no sign, banner, or poster may be posted over a previously posted sign, banner, or poster. (b) Signs, banners, and posters are permitted only in the following areas of the park: (1) On fencing for all dugouts, bleachers, and batting cages; (2) The portion of backstop fencing from ground level to a height of ten feet. (3) The wall of the concession-stand facing the field area, provided that the sign, poster, or banner is not larger than four hundred fifty square inches; (4) On temporary structures erected by a user group in the field for use in an activity being carried out pursuant to a group use permit (e.g., on temporary outfield fencing for baseball or registration tables for a walk-a-thon or other event); and (5) At up to three locations in the field area on a temporary structure designed to hold only the sign, banner, or poster and erected in a manner that does not damage turf or otherwise impair future use of the park. Notwithstanding the foregoing, no sign may be erected in any location where the printing on the sign is clearly visible from Glen Brae Drive. (c) No signs, banners, or posters posted in Congress Springs Park may be larger than twenty square feet. (d) All signs shall be marked with the date of posting. No sign, banner, or poster may be posted for more than two weeks unless posted in connection with an activity permitted pursuant to a group use permit in which case the sign may be posted for the term of the use permit. Signs, banners, and posters may be re-posted for additional two-week periods provided that the sign is removed for at least forty-eight hours at the end of each posting period. (e) The area on the batting cage closest to Glen Brae Drive shall remain open for posting of signs, banners, and posters by any person notwithstanding any group use permit authorizing a particular group exclusive use of the park. (f) Nothing in this Section shall preclude the Director from posting signs necessary to protect public health and safety. 11-05.054 - Kevin Moran Park use permits. [Ed Note. Moved to § 11-10.012] (a) Any group use permit issued for use of Kevin Moran Park shall contain the following conditions: (1) The park may be used for practice use only—no games may be played at the park; Page 7 of 12 DRAFT 6/20/12 (2) No use shall be allowed on Sundays; (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first; and (4) No more than three teams may use the park at any one time. (b) No more than two user groups may have group use permits at Kevin Moran Park at any one time. (c) Kevin Moran Park may be used by user groups on no more than six Saturdays per year according to a schedule set by the Public Works Director. (d) All group use permits at Kevin Moran Park shall conform to a form agreement approved by resolution of the City Council. 11-05.060 - Supplemental regulations. The City Council may from time to time by minute order or resolution adopt additional supplemental regulations relating to the conduct of persons, uses and activities permitted, regulated or prohibited on park property which are not contradictory or contrary to any of the provisions of this Chapter, and may require the Director or any of his the Director’s subordinates to enforce the same. 11-05.070 - Violations of Article; penalties; enforcement. (a) The violation of any provision of this Article shall be unlawful and constitute an infraction, subject to the penalties as set forth in Chapter 3 of this Code. (b) The City Manager or his designee shall be the official responsible for the enforcement of this Article and for the implementation of this Article in the designation of areas for particular uses; and areas in which certain uses are prohibited, and for the posting of the requisite notices of the same. 11-05.080 - Skate parks. (a) Safety equipment. No person shall use a skateboard or in-line skates at any skate park unless that person is wearing a helmet, elbow pads, and kneepads. In addition, no person shall use in-line skates at any skate park unless that person is wearing wrist guards. (b) Signs. Signs shall be posted conspicuously at every skate park stating the following: (i) that no person shall use a skateboard or in-line skates at the skate park unless that person is wearing a helmet, elbow pads, and knee pads; (ii) that any person failing to wear a helmet, elbow pads, and knee pads while using a skateboard or in-line skates at the skate park is subject to citation; (iii) that the skate park is not supervised; and (iv) that even when Page 8 of 12 DRAFT 6/20/12 precautions are taken, skateboarding and in-line skating are dangerous activities. The sign may also state other rules promulgated by the City Manager or his designee pursuant to this section. No person shall use a skateboard or in-line skates at a skate park unless signs are posted at the skate park in accordance with this section. (c) Skate park. For purposes of this article, a skate park is any temporary or permanent facility owned or operated by the City that is designed and maintained for the purpose of recreational skateboard or in-line skate use. The boundary of a skate park is defined by fencing surrounding the park or, in the case of temporary facilities, by cones or other markers placed at the perimeter of the area in which skating is allowed. B. Article 11-10 – Special Permits 11-10.001 – Special Permits Generally. Article 11-05 of this Code specifies various uses that require special permits or reservations. This Article sets forth standards for issuance of special permits and reservations. 11-10.005 – Park Facility Reservations. Designated picnic areas, fireplaces, barbecues, tables, spaces and other facilities in City parks may be made available for the temporary exclusive use of up to seventy-five (75) persons for any use other than sports or games upon the issuance of a reservation therefor by the Director in accord with the following provisions: (a) The reservation must be issued to an adult who agrees in writing to be responsible for the activities or the person(s) using the reservation during the entire period of exclusive use. (b) The Director shall have the authority to limit the size of the group to a number less than the maximum specified above taking into consideration the capacity of the park area and amenities being reserved. (c) Each reservation shall specify: (1) the park area and amenities to which the permit applies; (2) the day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and (3) any other conditions imposed by the Director. (d) Prior to issuance of the reservation the City shall collect the requisite fee therefor as established from time to time by resolution of the City Council. 11-10.010 - Group Sports use permit. Certain predesignated areas of City parks may be made available for the temporary use of Page 9 of 12 DRAFT 6/20/12 groups of persons for sports and games upon the issuance of a use agreement approved by the City Council or a group sports use permit therefor by the Director in accord with the following provisions: (a) Each group must consist of ten or more persons unless it is a community-oriented group, and have one or more adults who agree in writing to be responsible for such group during the entire period of exclusive use of the area in question. (b) Each group shall in no event exceed in number seventy-five percent of the capacity of such park or the area of such park, as is established by the park regulations, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit. (c) Each permit shall specify: (1) the park(s) and area(s) of the park(s) to which the permit applies; (2) the day(s) and hour(s) for which the permit is issued over a period not to exceed one year; (3) whether the permit is for exclusive or non-exclusive use; and (4) any other conditions imposed by the Director. No group use permit or series of permits issued to the same or substantially the same group of persons shall authorize the use of City parks more than five (5) times in a calendar year unless approved by the City Council. be issued to the same or substantially the same group of persons more often than once every ninety days. 11-10.012 - Kevin Moran Park use permits. (a) Any sports use permit issued for use of Kevin Moran Park shall contain the following conditions: (1) The park may be used for practice use only—no games may be played at the park; (2) No use shall be allowed on Sundays; (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first; and (4) No more than three teams may use the park at any one time. (b) No more than two user groups may have sports use permits at Kevin Moran Park at any one time. (c) Kevin Moran Park may be used by user groups on no more than six Saturdays per year according to a schedule set by the Director. (d) All sports use permits at Kevin Moran Park shall conform to a form agreement approved by resolution of the City Council. Page 10 of 12 DRAFT 6/20/12 11-10.015 – Group use permit. Certain predesignated areas of City parks may be made available for the temporary use of groups of seventy-five (75) or more persons or groups of twelve (12) or persons where alcohol will be consumed upon the issuance of a group use permit by the Director in accord with the following provisions: (a) Each group must have one or more adults who agree in writing to be responsible for such group during the entire period of use of the area in question. (b) Each group shall not exceed seventy-five percent of the capacity of such park or the area of such park, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit. (c) Each permit shall specify: (1) the park(s) and area(s) of the park(s) to which the permit applies; (2) the day(s) and hour(s) for which the permit is issued over a period not to exceed one year; (3) whether the permit is for exclusive or non- exclusive use; and (4) any other conditions imposed by the Director. 11-10.020 - Application for sports use and group use permits; indemnification of City. (a) Application for a sports use permit or group use permit shall be in writing on forms furnished by the City, and be filed with the Director no less than twenty thirty days, nor more than ninety days one year prior to the date of the proposed use, unless the City Council authorizes an earlier filing, and shall contain the following information: (1) Name and business and residence address of each applicant, and of the person or organization or entity sponsoring the proposed activity, and of each person or persons who will be in charge of and responsible for such proposed activity. (2) The park or area thereof for which such permit is desired. (3) The day and hours for which the permit is desired, including starting and finishing time. (4) An estimate of the anticipated attendance. (5) The nature of the proposed activity and a statement of all material and equipment as may be brought into the park. (6) Vending, sales or soliciting incidental to group use. (7) Such other information as the Director may find reasonable or necessary to make a fair determination of whether or not such permit should be issued. (b) The Each application for a sports use permit or group use permit shall be accompanied by a written agreement executed by one or more financially responsible adults agreeing that, if such permit is issued, (i) they, and each of them will jointly and severally hold Page 11 of 12 DRAFT 6/20/12 the City free and harmless and indemnify it from and against any and all claims, actions, damages, suits or liability for injury to persons or property occurring as the result of or arising from the activity sponsored by such applicant or the use and occupation of the park premises under and by virtue of any such permit as is granted, agreeing to be liable to the City for any and all damages as may be sustained to such park, facilities, buildings and structures which directly or indirectly result from the activity of such applicant or is caused by any participant in such activity and (ii) they will furnish to the City, at their own cost and expense, liability insurance coverage naming the City as an additional insured and otherwise in accordance with the applicable insurance standards of the City and that the insurance coverage will be maintained in full force and effect in accordance with the City’s insurance standards for as long as the permit remains issued and outstanding.. (c) Each such application shall be accompanied by the requisite fee therefor as established from time to time by resolution of the City Council. 11-10.030 - Findings required for issuance of permit; appeal of decision. (a) The Director shall issue a sports use or group use permit to the applicant upon making the following findings: (1) That the proposed use or activity will not unreasonably interfere with the promotion of the public health, welfare, safety and recreation. (2) That the proposed use or activity is not reasonably anticipated to incite crime, violence or disorderly conduct. (3) That the proposed use or activity will not entail additional expense of police protection by the City, or if it otherwise would, that the applicant is supplying sufficient additional police protection so as to eliminate such increase or burden and will reimburse the City for any expense of increased police protection as determined by the Director. (4) That the facilities desired have not been reserved for other use at the day and hour requested in the application, or are not otherwise programmed for use by the City for a City function at such time and place. (b) The decision by the Director to either grant or deny a special sports use or group use permit, or to grant the same with conditions, may be appealed by either the applicant or any interested person to the City Council in accordance with the procedure set forth in Section 2- 05.030 of this Code. 11-10.040 - Conditions of permit; clean-up deposit. (a) In issuing any special sports use or group use permit, the Director may impose any conditions he deems deemed necessary or appropriate to protect the public health, safety or welfare, including, without limitation, any or all of the following: Page 12 of 12 DRAFT 6/20/12 (1) Restrictions on the requested use or uses set forth in the application. (2) Restriction on the hours within which the use or activity may be conducted. (3) A requirement that the applicant provide, at his the applicant’s own cost and expense, a park attendant orto help maintain the condition and operations of the park and professional crowd-control monitors, such as sheriff's deputies or private licensed patrolmen, in such numbers as the Director reasonably anticipates may be necessary under all the circumstances. (4) A requirement that the applicant provide, at the applicant’s own cost and expense, restroom facilities sufficient to serve the expected number of persons attending the event that is the subject of the permit. A requirement that the applicant furnish to the City, at his own cost and expense, liability insurance coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such insurance coverage shall be maintained in full force and effect in accordance with said insurance standards for as long as the permit remains issued and outstanding. (b) A clean-up and damage deposit shall be required prior to issuance of the any sports use or group use permit, in such amount as indicated by the Director, but no less than fifty dollars, guaranteeing not only that the permittee will leave the park premises in a clean and orderly condition upon termination of the use, but also the repair of all damages and replacing of any park equipment or plantings removed or destroyed by permittee or any of the members or guests of the group or entity using the facilities under such permit. 11-10.050 - Revocation of reservation or permit. Any reservation or permit issued under the provisions of this Article shall be subject to revocation: (i) by the Director upon a finding of any violation of any of the provisions of this Chapter, any other provisions of this Code, or any of the conditions of such reservation or permit, or (ii) by the City Council at any time. Such revocation shall be effective immediately, but in the case of a revocation by the Director, shall be subject to review by appeal to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code. 339861.1 399509.1 Group Use Permits are required for use of the City’s parks by groups of 75 people or more. The requirements for the permit are listed below. Page 1 of 4 Park Community Event Checklist City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Check List Item Cost Comment Complete and Submit Group Use Permit Application N/A Return the application to: Mainini Cabute Saratoga City Manager’s Office 13777 Fruitvale Avenue Saratoga, CA 95070 Email: mcabute@saratoga.ca.us Phone: (408) 868-1275 Fax: (408) 867-8559 Reserve Park The City will be charging the following prices for the following parks: Wildwood, El Quito, and Kevin Moran $100/hour for full park rental. $15 for picnic area with bbq $30 for stage at Wildwood. $30 for baseball diamond and $15 for all other amenities. Eligible parks for group events include Wildwood, El Quito, and Kevin Moran, Congress Springs Park may be rented by sports groups. Once the City has received the Group Use Permit, the City will work with the applicant to reserve the requested park. The applicant is responsible for payment of the park reservation fees. Sign Indemnity Agreement N/A City Staff will provide Agreement form. This agreement Check List Item Cost Comment holds the City free and harmless and indemnifies it from and against any and all claims, actions, damages, suits or liability for injury to persons or property occurring as the result of event activities. Provide proof of Certificate of Insurance (City of Saratoga must be named as additional insured along with the event venue) PROVIDE Range of rates Cost is dependent on size of event. Applicant may use existing home insurance if allowed by carrier. If not, City can refer the applicant to an event insurance provider. For the typical community event, insurance will range from $122- $253. The applicant must provide liability insurance coverage in the amount of $1 million, and naming the City as an additional insured. Event insurance may be obtained through the applicant’s homeowner’s insurance provider or external insurance provider through Association of Bay Area Governments. Pay park clean-up deposit, dependent on type of event. $250 Applicants may be required to pay a $250 clean-up deposit that will be returned if the park is left in a clean and orderly condition. Complete the Santa Clara County Fire Special Event form Fees are dependent on the type of event. Return form and maps and floor plan to the City of Saratoga and staff will send the information to the Fire Marshal for official clearance. The form and floor plan may be submitted with Group Use Permit Application. Provide a map that shows placement of tents or booths and a floor plan of the event showing tables, chairs, equipment and exits will be located Obtain security, if necessary. Provide range of hourly rate and state that there will be a 3 hour minimum. Also note that they may hire an outside security firm The applicant may be required to hire off-duty/reserve Sheriff’s Office deputies, particularly if alcohol is to be consumed or sold during the event. The City will help coordinate security presence at the event by working Check List Item Cost Comment if they do not want to hire Sheriff deputies. $380.50/2 hours reserved deputy $639.90/2 hours regular deputy Or with the Sheriff’s department. The applicant will be responsible for the cost of security. Contact at the Santa Clara County Sheriff’s Office: Steve Rooks at (408) 808-4573 or steven.rooks@sheriff.sccgov.org to schedule off-duty/reserve officer(s) for the event. Obtain permit from the County Department of Environmental Health if serving food. The County will charge $70 per vendor and also a $60 coordinator fee. No fee required if hiring food trucks The County Department of Environmental Health will not require a permit if you hire food trucks. Obtain necessary permits if alcohol is to be consumed or sold. The State will charge $25 for a special event daily fee plus $50 per dispensing area for beer & wine. 100 Paseo de San Antonio, Room 119 San Jose, CA 95113 (408) 277-1200 (408) 971-9421 FAX SNJ.Direct@abc.ca.gov Primary contact: Karyn Nielsen The applicant may be required to obtain an alcohol permit from the State of California Alcohol Beverage Control if alcoholic beverages will be consumed, served or sold. Staff will direct you to the ABC 221 Instructions and ABC 221 form. City Code also requires the applicant to obtain an alcohol permit from the City of Saratoga for the event. City staff will facilitate issuance of this permit upon receipt of the Group Use Permit. Applicants must contact the CA Department of Alcoholic Beverage Control (ABC) to obtain a permit and must also contact the Sheriff’s Office to alert them that alcohol will be present at this event. Obtain noise exception permit or notify park neighbors of higher than usual noise levels, if $50 A noise exception permit may be required if the applicant plans to have a live band or amplified music. Check List Item Cost Comment necessary. Obtain additional restroom facilities, if necessary. $300 for portable unit and washing area. Applicants may be required to obtain, at the applicant’s own cost, additional restroom facilities sufficient to serve the expected number of people attending the event subject to the permit. The City will be able to coordinate the ordering and delivery of portable restroom facilities. One portable unit with a washing station may be $300/day. Obtain a park attendant, if necessary $200 Applicants may be required to obtain a park attendant for the event to maintain park operations. A park attendant fee is $200/ day.