Loading...
HomeMy WebLinkAbout10-07-1996 Parks and Recreation Agenda~o~ AGENDA SARATOGA PARRS AND RECREATION COMMISSION MEETING TIME: Monday, October 7, 1996 - 7:30PM PLACE: Administrative Conference Room, City Hall 13777 Fruitvale Avenue Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A) Roll Call Introduction of new Commissioners Rick Blomquist and Elaine Clabeaux. B) Minutes (Meeting of September 9, 1996) C) Posting of Agenda Pursuant of Government Code 54954.2 the agenda for this meeting was posted on the City Hall Kiosk on October 3, 1996. II. OLD BUSINESS A) Ordinance relating to alcohol in E1 Quito Park. B) Update the status of Park Development Fund Projects. r: III. NEW BUSINESS A) Overview of the Recreation Department past and present. IV. WRITTEN COMMUNICATIONS A) Memo from the City Manager regarding scheduled workshop on the Brown Act for all City Commissioners. V. COMMISSION AND STAFF REPORTS A) Commissioner's Reports B) Previous Month Council Meeting Report C) Recreation Department Status Report-Joan Pisani D) Park Maintenance Division Update-Bob Rizzo C7 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Parka Superintendent, Bob Rizzo, at (408) 867-3438. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. • M E M O R A N D II M TO: Parks and Recreation Commission FROM: Secretary, Parks and Recreation Commission SUBJECT: Meeting of Monday, October 7, 1996 II. OLD BUSINESS A) Ordinance Relating to Alcohol in E1 Ouito Park Joan Pisani will update the Commission on the new proposed City Ordinance relating to use of alcohol in E1 Quito Park which reads "alcohol will be permitted in E1 Quito Park with a special permit". Joan will review for the Commission the group use permit process and staff recommendations to increase permit fees. B) Update the Status of the Park Development Fund Projects Secretary Rizzo will update the Commission on the status of the proposed improvement projects with two school districts: Saratoga Union School District and the Cupertino Union School District. III. NEW BUSINESS A) Overview of the Recreation Department Past and Present Joan Pisani will present to the Commission an overview of the Recreation Department, its past history and development, also how currently her department is meeting the leisure service needs for the community. MEMORANDUM DATE: October~l, 1996 TO: Park and Recreation Commission FROM: Joan Pisani, Director of Recreation SUBJECT: Park Alcohol Use Permit Process and Fee Differential for Non-residents As instructed by the City Council, a process to issue a special permit for use of alcoholic beverages by groups at El Quito Park and Wildwood Parks has been developed. I met with Yvonne Lampshire, the City's Facility Coordinator, to work out a process that does not create a lot of extra work for staff, and is also easy for our customers. . The process will be very simple. When someone is interested in reserving a park, they complete a use application, and on the form they indicate whether they will be serving alcohol. When the applicant pays the fees, a city staff person will sign the application and give a copy to the applicant, and retain a copy for our files. Currently, once a week, a park maintenance worker posts a listing of upcoming permitted uses in the kiosks located at each park site. This notice lists the name, date, time, and designated area reserved for the permittee. We will continue this procedure, and also ask that each group or individual renting a park area have with them their completed and approved application which will list that they are serving alcohol. It is felt that this process for issuing a permit for groups serving alcohol should work well. The City Council also -indicated that they would like the park rental fees to have a larger differential between residents and non-residents. Some revisions and increases were made to the fee schedule in December, 1995, and I am a little apprehensive about increasing the park rental fee again so soon. A slight increase can be recommended, and change the resident discount from 10% to 20o This will keep the rates just about the same for residents, and at the same time, increase the fees to non-resident groups or individuals. The City Council has asked that I review this information with them on October 22, 1996. If you have any questions, suggestions, or recommendations, please let me know at the Commission meeting Monday, October 7, 1996. • I also wanted to share with you how well we have done since we hired the Facility Coordinator in July, 1995. It has made a big difference in the number of rentals, and revenue generated by having a staff person dedicated to marketing the availability of city facilities for private use. Attached you will find a memo from Yvonne Lampshire showing the comparison of Fiscal Year 1994-95 to 1995-96 and the number of resident and non-residents using the parks. Attachments: Current El Quito and Policy Memo from Yvonne and Wildwood Park Use Application Lampshire • EL QUITO PARK USE APPLICATION Please fill out and return with Deposit & Processing Fee. Make check payable to The City of Saratoga. .DATE & HOURS: (Day of Week) (Date) (Hours) NAME: (Please print) ADDRESS: (Street address) (City) (Zip) - HOME PHONE: PURPOSE OF ACTIVITY: WORK PHONE: ATTENDANCE: ALCOHOL SERVED: YES ~ NO EQUIPMENT BROUGHT INTO PARK Pick up key at Community Center W-F before event date. Please return key to Community Center the Monday following the event. CITY OF SARATOGA LIABILITY RELEASE & RISK ASSUMPTION All applications for use of El Quito Park must be approved by the Parks Department. Submission of application does not guarantee use. • Applicant hereby agrees to hold the City of Saratoga, the City Council, the individual members thereof, and all the officers, agents, and employees free and harmless from any loss, damage, liability, cost or expense that may arise during or be caused in any way by such use or occupancy of recreation facilities. I, the undersigned hereby certify that I will be personally responsible, on behalf of the applicant, for any damages sustained by the buildings, grounds or equipment, accruing through occupancy or use of said facility by the applicant. Any lost equipment or damages sustained to the above shall be compensated. I hereby certify that I have read and understand the Saratoga Park Use Policy and will abide by any special conditions set forth. I certify that the intended use is in compliance with said rules and regulations, application instructions and any specific use regulation subject to advance payment of all fees. I have read the LIABILITY RELEASE and ASSUMPTION OF RISK AGREEMENT and voluntarily sign it. (Signature of Applicant) (Date) ******************************************************************************************** PICNIC AREA RESERVATION AND USE POLICY EL QUITO PARK • 128SS PASEO PRESADA • SARATOGA . RESERVATION •A reservation will secure the picnic area only, which includes picnic tables with benches and a large barbecue. •The picnic area can accommodate a maximum of 24 people. •No reservation will be accepted for special activity days designated by the City. •Groups of minors must•be supervised by 1 adult per 20 minor children. •The park is open to the public. A reservation is allowed for the picnic area only, and does not intend or mean exclusive use of the park. •No amplified sound will be allowed. •No parking is allowed inside the park • •~P C~LtV Af CAT'atAOA /C 1T v f1t~ n nn ~:rit~ Tlinn~i~i}ioi. A r ..a_ _., ... omysance with the Ameri.,3.., n14~ L~JN/..,4VJ l \V~ and will make reasonable accommodations to ensure that facilities, programs and services are accessible to disabled individuals. To request accommodation please contact the Parks Superintendent. USE OF ALCOHOLIC BEVERAGES • Picnickers may drink alcoholic beverages so long as they conduct themselves in an orderly manner. Alcohol may not be sold in the park. FEES The Deposit and Processing Fee are due with the signed application foam. The entire rental fee is due 30 days in advance of the function. Fees are as follows: Refundable Security/Damage Deposit $ 50.00 Processing Fee $ 15.00 Picnic Area $ 30.00/Day Fundraisers Not permitted Only one group rental reservation will be accepted per day. The Public Works Department does not schedule staff to work weekends, therefore, user groups are required to clean and collect trash after their event. Residents Discount - 1 D% of facility rental fee. CANCELLATION POLICY OF ~'~ o ~s~ ryd` If reservation is canceled between 6 & 3 months 50% of the deposit is forfeited. Less than 3 months 100% of the deposit is forfeited. In case of rain you may reschedule. • The park is a public park and the City cannot restrict use of the facility by the general public during a scheduled activity. The park rental fee is to reserve a designated area. WILDWOOD PARK. USE APPLICATION Please fill out aad return with Deposit tit Processing Fee. Make check payable ro The City of Soratoga ATE & HOURS• (Day of Week) (Date) (Hours) NAME: (Please print) ADDRESS: (Street address) (City) (Zip) HOME PHONE: V/ORK PHONE: PURPOSE OF ACTIVITY: ATTENDAN(~: ALCOHOL SERVED: YES ~ NO EQUIPMENT BROUGHT INTO PARK RECORDID SOUND OR MUSICAL INSTRUMEN'T'S: YES ~ NO USE OF: PICNIC AREA A ~ pI(~TIC q~,~ g ~ STAGE USE OF: HORSESHOES n VOI,I,EygALIJNET n GATE KEY ~~ up key at Community Center W- before event ~, please retunn y to Community Center the Monday following the event. CITY OF SARATOGA LIABILITY RELEASE & RISK ASSUMPTION applications for use of Wildwood Park must be approved by the parks Department. Submission of lication does not guarantee use, Applicant hereby agrees to hold the City of Saratoga, the City Council, the individual members thereof, and all the officers, agents, and employees free and harmless from any loss, damage, liability, cost or expense that may arise during or be caused in any way by such use or occupancy of recreation facilities. I, the undersigned hereby certify that I will be personally responsible, on behalf of the applicant, for any damages sustained by the buildings, grounds or equipment, accruing through occupancy or use of said facility by the applicant. Any lost equipment or damages sustained to the above shall be compensated. I hereby certify that I have read and understand the Saratoga Park Use Policy and will abide by any special conditions set forth. I certify that the intended use is is compliance with said rules and regulations, application instructions and any specif c use regulation subject to advance payment of all fees. I have read the LIABII,ITY RELEASE and ASSLTMP'TION OF RISK AGREEMENT voluntarily sign it. k # ale ~k ~k~lc #ak+k ~k#~k~k#ak#######~k####~c##~k##~k~k~k~k###~kak~k~k#+kak+k#**~k~k#ak~ktk#######~k~k###~k############ak~k ~k ~k ~k## ~k ~k # (Signature of Applicant) ~~) i . i~ ~ I i • / ~ ' ~ 1 -~ •• ~~~ • • • • ~ ~ ~~1i r+ .~ .~ Lavn ~~, `•' Plar .Area A ~ ~ ~ a Stage a. SerYlCe ~ i n ~ ~ G[oup R F-'~~Re~troor 0 Picnic ~ Q~n~ 4 Area "A" Up . n O ~ • r Vollerball~ --••.. _ ~• Q p Court ~ ~ •1 ~ • ~ 4 ~ %? • • 1. • • Croup Picnic Area g' •••.. ~p .... , ~~~, / 'Picnic tablet Q'v~ ~ ` Horseshoes ~ 'oP` g f • • • RESERVATION AND USE POLICY WILDWOOD PARK • 20764 FOURTH STREET • SASATOGA og ~~! RESERVATION ~ T~ • ~ •Reservations are required for groups of 25 or more persons. + •Reservations will not be accepted for groups of less than 25 or more than 150. •No reservation will be accepted for special community activity days. •Groups of minors must be supervised by 1 adult per 20 minor children. •The pa-ic is~ope:Z to the public. A reservation is allowed in the group areas, but it does not intend or mean exclusive use of the park. •No amplified sound will be allowed. Recorded sound or musical instruments may be used if approved with this application. •There is no parking allowed inside the park You may obtain a key for the gate to drive in and drop off equipment. The gate must be kept locked az all times except when actually being used for entrance or exit. -iiiG Ciiy vi Saratoga is in compliance with the Americans with I)isatnlities Act and will make reasonable accommodation to ensure thaz facilities, programs and services are accessible to disabled individuals. To request accommodation please contact the Parks Superintendent. USE OF ALCOHOLIC BEVERAGES • Picnickers may drink alcoholic beverages between the hours of 8:00 A.M Saturday and midnight Sunday. No alcohol may be sold in the park without a temporary license from the Alcoholic Beverage Control Board. FEES The Deposit and Processing Fee are due with the signed application form. The entire rental fee is due 30 days in advance of your function. Fees are as follows: Refundable Security/Damage Deposit $ 50.00 Processing Fee $15.00 Picnic area with barbectte/tables & benches $ 50.00/area/Day Stage $ 40.00/Day Horseshoe Pit w/equipment $10.00/Day Volleyball Court w/equipment $10.00/Day Fund raisers $ 500.00/Day Fundraising events may be permitted if conducted by a recognized non-profit oreattizadon. If mole rhea 500 persons attend wages and overhead for 1 staff person will be charged. Residents Discount -10% of facility rental fee CANCELLATION POLICY If reservation is canceled between 6 & 3 months 509'0 of the deposit is forfeited. Less than 3 months 100% of the deposit is forfeited. In case of rain you tray reschedule. • The park is a public park and the City cannot restrict use of the facility by the general public during a scheduled activity. The park rental fee is ro reserve a designated area only. Memo • To: Joan Pisani, Director of Recreation From: Yvonne Lampshire, Facility Coordinator Date: 10/1196 Subject: Comparison report of rental revenues The rental program has experienced steady and constant growth since the hiring of a Facility Coordinator (7!23!95). It appears this progressive development might be attributed to having an individual solely dedicated to this endeavor. BUILDING RENTALS FY 94195 1~Y 95196 1st atr 96197 • • # of rentals 55 77 2 8 Rental fee $28,415. $44,023. $17,944. TOTAL OF 104 BUILDING RENTALS "SOLD" IN FY 95196. PARK RENTALS FY 94195 FY 95196 1st qtr 96197 # of rentals 3 9 Rental fee NIA 106 40 $6,656. $4,479 TOTAL OF 92 PARK RENTALS "SOLD" IN FY 95196. PARK RENTAL S -RESIDENT VS NON-RESIDENT EL QUITO PARK Picnic Are: 16 Resident rentals 4 Non-resident rentals Field Area: 24 Resident Rentals 4 Non-resident rentals Some rentals are fora combination picnic & field - broken out to show park use. WILDWOOD PARK 49 Resident Rentals 22 Non-resident rentals these are i~` r, O~ • o~ a~~c~ ~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867-3438 ~~~~ a o ~~ COUNCIL MEMBERS: Ann Marie Burger Paul E. Jacobs Gillian Moran September 20, 1996 karenTucker ' Donald L. Wolfe TO: All City Commissioners and Committee Members City Commission Staff ' FROM: Harry R. Peacock, City Manager .. SUBJECT: WORKSHOP ON THE BROWN ACT - THE CAL FORNIA OPEN MEETING LAW City Attorney Mike Riback will conduct a workshop on the Brown Act on: Wednesday, October 16, 1996 5:30 to 6:30 p.m. Administrative Meeting Room, City Hall. • The purpose of the workshop is to acquaint newly appointed members and review for current members the rules and regulations of the Act. Attached is a copy of the brief introduction to the Brown Act which appears in the Commissioners' Handbook. This is an important workshop so please make an effort to attend. You may R.S.V.P. to my secretary, Jean Muser, at 867-3438 ext. 216. Attachment i~,-~ Printed on recycled paper J 4. Brown Act - The California Open Meetinq Law The requirements for a regular meeting time and well- publicized notice of any special meeting are necessary • because citizens have a right to know what business is conducted by the City government. Also known as the "Open Meeting Law," the Brown Act was enacted in 1961 to insure that the deliberations as well as the actions of local agencies are performed at meetings open to the public and to which the public has been given adequate notice. The Act applies to every Board, Commission or Committee of a governing board of a local agency. A gathering of less than a quorum, or a social event where rio business is discussed, does not constitute a meeting: California law requires that all decisions made by bodies which are subject to the law must be made in open session, not behind closed doors or through indirect means, or through the use of third parties. This law applies to all of the deliberations and decisions of the City Commissions and Committees. The law also requires that the agenda for all regular meetings be in writing and posted at least 72 hours before the scheduled time of the meeting. No action can be taken on any matter which has not been listed on the agenda except in very limited emergency situations. Exceptions to these requirements are few in number. . Certain closed sessions are permitted but generally they are limited to subject matters which pertain only to the City Council. As a general rule, closed sessions would not be permitted for any deliberations of the Commissions or Committees. 13 • \h no deduction is allowed for the value of a breakfast or similar complimentary goods or services. Cities f should also be aware that.. legislation has ~ been introduced, although it has not been enacted, which .would require TOT credit, for complimentary services, A TOT ordinance should also provide for regular audits by the City. The City should regularly conduct such audits and pursue collections, if necessary, Outside speciality firms can perform such audits. Most TOT ordinances provide a 3-year statute of limitation for collection actions. Therefore, a City should consider doing routine audits every two years in. order to allow sufficient time to make demands, follow internal administrative procedures and file .a civil action, if necessary, for the collection of the TOT. A meaningful audit largely depends on the records that the operator keeps. Accordingly, the ordinance should specify the types of records which the operator must retain for a set period, These records should include pre-numbered registration cards and daily occupancy and room cleaning reports, Most ordinances require operators to keep documentation porting all the taxes collected for the City. They ould also require that documentation be retained as to any claimed exemptions. Finally, another area the City should review is its reporting forms. The City should insure that the information being reported is easily cross-referenced during audits. Cnrod R, Victor is a senior litigator with Burke, Williams & Sorensen. She has been successful in enforcing TOT ordinances. • ,.. r, __ REGULATION OF SPEECH AT CTiy r COUNCII, MEET'Il~TGS OR WHAT YOU CAN DO ABOUT A GADFli, By: Robert F. Messinger The right to .free speech is one of ,our most cherished"Constitutional rights. Residents of otu cities may exercise this right at City Council meetings .with respect to issues within the subject matter jurisdiction of the City Council, The Supreme Court has said, "Amencan citizenship includes the right to criticize public men and measures--and that means not only informed and responsible criticism but the freedom to speak foolishly and without moderation." However, no one has the unrestricted right to free speech whenever and wherever they wish, Accordingly, City Councils are constantly called on to balance the need to permit the free exercise of First Amendment rights against the need to efficiently conduct .the public's business, li- so doing, a City Council may impose reasonable restrictions on speech such as time limits on speaking, disallowing disruptive speech, including repetitive or irrelevant speech, and silencing or ejecting a speaker who persists in disrupting a meeting. Permissible Regulations A City Council may require: members of 'the public wishing to address the City Council to fill out a request form, and may restrict when and for how long a member of the public may speak to an issue. A limitation of public testimony to three minutes per item per person has been upheld as a reasonable time, place, and manner restriction that preserves a council's legitimate interest in conducting efficient, orderly meetings. Such time limits should be monitored by the City Clerk or Mayor and be evenly enforced, It is important to note that a general time limit during which a member of the public may speak should not apply to quasi judicial proceedings, which includes the consideration of discretionary land use permits, business Iic~nses, and other similar actions in which a property interest is at stake and where the City BuRI-'E, wn~,~ ~ soR~avsF~v NEwStE7TFJt • laoo- 3J.,,a2fl • Fa: aI3) bcrno • .:.....a..~....m. .. 1'~a s ~e Council is required to apply legal standards to specific facts. A reasonable time limitation can be imposed in such matters based upon the circumstances. These types of actions are governed by the due process requirements of the fourteenth amendment of the United States Constitution which requires that persons are.given a nin 1 opportunity to be heard. A City Council may prohibit speech that is disruptive. Disruptive speech may include personal, impertinent, slanderous or profane remarks, loud threatening, personal or abusive language, -other disorderly • conduct which disrupts, disturbs or otherwise impedes the orderly .conduct of a 'council meeting. A speaker may be disruptive by speaking too long, by being repetitious, or by extended discussion of irrelevancies. Where a large group of persons wish to speak about the same issue, to prevent endless repetition the City Council may require that • a spokesperson for the group be selected. • A speaker may not be stopped from speaking because the Council disagrees with the viewpoint he is expressing. A City Council may not prohibit public criticism of the policies, procedures, programs, or services of the city, or of the acts or omissions of the City Council. When the Mayor or other member of the council chairing the meeting determines that a speaker is disrupting the meeting, the speaker should be warned against continued disruption. In the event the speaker continues to disrupt the meeting, the Mayor may order the person ejected from the chambers. U The comments contained in these articles are, of necessity, general in nature. For speeif c advice, interested persc I should contact their agency's attorneys or the writer. • A City Council may wish to have present at council meetings a sworn officer as sergeant-at-arm remove from the chambers disruptive members of public. At a minimum, a City Council shoul~ system in place to immediately summon poli event a member of the public becomes disrupt? unruly and refuses to leave. Robert Messinger, is an associate with $urloe, Willi4 & Sorensen and serves as Assistant .City Attorney the City of Downey.. • fn another life, Mr. Messina served as Assistant to the City Manager in the Cit of Cudahy and Downey. Bvet~, wtLllAl4fs & soRIIVSF7d AtEwst.EnFx • (f0o- Ski-217 • Far aln z~27oo • .nv...b..d.w.eam p~ I • • • ~~ CITY OF SARATOGA Treasurer's Report of Fund Balances August 31, 1996 Fund Number Description 0001 GENERAL 0010 T.D.A. 0012 H.C.D.A. 0013 TRAFFIC SAFETY 0014 GAS TAX 0015 ENVIRON PROGRAMS 0016 HILLSIDE STREET REPAIR 0021 LIBRARY DEBT 0022 STATE PARK BONDS 0024 CERTS OF PART. 0031 PARK DEVELOP 0040 RECREATION FUND 0060 HERITAGE 0061 G~UARRY CREEK TRUST 0062 C.A.TV FOUND TRUST 0063 PARKING DISTRICT #2 0064 PARKING DISTRICT #3 0066 DEFERRED COMPENSATION 0067 SARATOGA PUB. FIN. AUTH: 0068 DEPOSIT AGENCY FUND 0071 LANDSCAPE/LIGHT DIST. 0073 PKG DIST BONDS #1 & 4 0076 LEONARD ROAD ASSMNT. Total Unaudited # Adjustments Year to Date Year to Date 6/30/96 8 Transfers Revenues Expenditures As of 8/31 /96 $4,121,417 ($845,794) $1,029,256 $1,208,919 $3,095,960 0 0 0 0 $0 101,955 (5,938) 0 5,137 $90,881 21,148 1,498 0 0 $22,646 0 11,502 99,710 76,787 $34,425 361,849 (7,416) 34,037 55,086 $333,385 99,163 0 0 1,712 $97,451 1,730 0 0 0 $1,730 4,340 0 0 0 $4,340 221,791 788,814 0 399 $1,010,206 1,277,039 0 0 0 $1. 77 0~4 (1,324) 57,334 98,489 193,363 ~ ($38,865) 5,675 0 0 0 $5,675 29,964 ~ 0 0 0 $29,964 ' 46,294 0 0 0 $46,294 ' 12,563 0 0 11,450 $1,113 0 0 0 130,899 ($130,899) ' 2,747,465 0 0 0 $2,747,465 ' 233,767 0 0 0 $233,767 ' 872,832 0 0 0 $872,832 ' 86,797 0 0 29,654 $57,143 (47,644) 0 0 0 ($47,644) 42,570__ 0___ 0 8,750 $33,820 ' _ $10,239 392_ $0 $1,261,491 $1 722 156 - $9,778,728 ---_-_ - NOTE: # The balances as of June 30, 1996 are preliminary and unaudited. A number of year end entries, which will have a material effect on the statement, have not been booked. As part of the normal and routine process.of closing the books at year end, these entries will be recorded. * Trust and agency balances are treated as a liability versus fund equity for financial statement purposes. Accordingly, the balance shown are f r informational purposes only. ---- - --- Submitted by: Approved by: O ~REPUR7y MM W AFB. W q 09/U% (Unaudited Results) .. b ~'~ ~1 ~