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HomeMy WebLinkAboutPRC_2008-05-15_AgendaPacketCITY OF A TA SCA DERO PA RKS AND RECREA TION COMMISSION AGENDA Thursday, May 15, 2008 7:00 P.M. Regular Meeting Atascadero City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Chairperson: Vice -Chairperson: Commissioner: Commissioner- Commissioner- Commissioner: ommissioner:Commissioner:Commissioner: Commissioner: Student Representative Student Representative Jay Sechrist Barbie Butz Daniel Chacon Julie Dunn Ann Hatch Jonalee Istenes Sorrel marks Paige Buck -Moyer Vacant COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Commission.) APPROVAL OF AGENDA: Roll Call COMMISSION/ YOUTH REPRESENTATIVE ANNOUNCEMENTS AND REPORTS: (On their own initiative, Commission Members may make a brief announcement or a brief report on their own activities. Commission Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Commission may take action on items listed on the Agenda.) PRESENTATION: 1. Atascadero Champion of the Community Award 2007 presentation to Judy Hutton. A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Commission concerning the item before action is taken.) 1. Parks and Recreation Commission Meeting Minutes — February 21, 2008 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Meeting Minutes of the February 21, 2008 meeting. [Community Services] 2. Parks and Recreation Commission Meeting Minutes — March 20, 2008 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Meeting Minutes of the March 20, 2008 meeting. [Community Services] 3. Parks and Recreation Commission Special Meeting Minutes — April 17, 2008 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Special Meeting Minutes of the April 17, 2008 meeting. [Community Services] B. MANAGEMENT REPORTS: 1. Atascadero Lake Water Quality Improvement Project / Duck Feeding Education Program (Cal Poly Senior Project — Progress Report Presentation) ■ Fiscal Impact: None. ■ Recommendation: Commission receive report and comment. Informational item only. [Public Works] 2. Commission Manual ■ Fiscal Impact: None. • Recommendation: Commission read and review the Commission Manual from the City Clerk. Informational item only. [Community Services] C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. Atascadero Youth Task Force - Next meeting 06/03/08 at 7:15 a.m., Atascadero Junior High School Library i_19 0101�hILTi14Llk&* L_1►1I[oil]►[a]:11►Ti14►k&15 1. Mark Your Calendar: ■ Children's Day in the Park — Saturday, May 17th at Atascadero Lake Park from 11:00am — 3:00pm. ■ Atascadero Magazine (Summer Edition) available May 19th (currently available for viewing online at www.atascadero.org). ■ Monte Carlo Casino Night (Zoo Benefit) — Friday, May 30th at Best Western Colony Hall from 6:00 — 11:00pm. ■ Atascadero Wine Festival — Saturday, June 21St at Atascadero Lake Park from 11:30am — 4:00pm. 2. Colony Park Community Center Update 3. Parks Project Update E. ADJOURNMENT: THE NEXT REGULAR PARKS AND RECREATION COMMISSION MEETING IS TENTATIVELY SCHEDULED FOR JUNE 19, 2008, AT 7:00 P.M. I, Shannon Sims, Administrative Assistant of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 15, 2008 Regular Session of the Atascadero Parks and Recreation Commission was posted on Wednesday, May 7, 2008 at Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 7th day of May, 2008 at Atascadero, California. Shannon Sims, Administrative Assistant City of Atascadero City of Atascadero WELCOME TO THE ATASCADER0 PARKS AND RECREATION COMMISSION MEETING The Parks and Recreation Commission meet in regular session on the third Thursday of each month at 7:00 p.m., in the Atascadero City Hall, located at 6907 El Camino Real, Atascadero. The Parks and Recreation Commission consider matters in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Services Department and are available for public inspection during City Hall Annex, 6907 El Camino Real, during business hours at the Central Receptionist counter and on our website; www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Parks and Recreation Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Services Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the Community Services Department at (805) 461- 5000. Notification of at least 48 hours prior to the meeting or time when services are needed, will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Parks and Recreation Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Chairperson will call for anyone from the audience having business with the Parks and Recreation Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the Community Services Department 14 days preceding the Parks and Recreation Commission meeting. Should you have a matter you wish to bring before the Commission, please mail or bring a written communication to the Community Services Department in the City Hall Annex prior to the deadline. ITEM NUMBER: A - 1 DATE: 05/15/08 CITY OF A TA SCA DERO PA RKS AND RECREA TION COMMISSION DRAFT MINUTES Regular Meeting Thursday, February 21, 2008 — 7:00 P.M. REGULAR SESSION: 7:00 P.M. Chairperson Sechrist called the meeting to order at 7:05 p.m. and Commissioner Hatch led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Chacon, Dunn, Hatch, Istenes, Marks, Butz and Chairperson Sechrist Student Representatives Buck -Moyer and Carden Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Deputy Public Works Director - Operations Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Callie Taylor, and Recreation Supervisor Jennifer Fanning. COMMUNITY FORUM: Eric Greening expressed concern that the staff report for the City Council's deliberations on taking the lead agency status for the Atascadero Creek Trail did not contain any written record to indicate that the Parks and Recreation Commission had met and made PRC Draft Minutes 02/21/08 Page 1 of 7 a recommendation on that item. He suggested it should become a standard practice to transmit to the City Council any related recommendation from the Commission. Deputy Public Works Director Geoff English stated he would discuss this issue with Community Services Director Brady Cherry and report back at the next meeting. APPROVAL OF AGENDA: MOTION: By Commissioner Hatch and seconded by Commissioner Marks to approve the agenda. Motion passed 7:0 by a roll -call vote. 2,1:7:(+'x_1►111110 x81 N =l_% 1101 1, [%]►yi I►Ti 1134 Eel k 10 x01:Zrf_16111FA_1% I Eelki I 1. Commission Appointment of Chairperson — Nominations from the Commission. MOTION: By Vice Chairperson Butz and seconded by Commissioner Istenes to nominate Commissioner Sechrist to the position of Chairperson of the Parks and Recreation Commission. Motion passed 7:0 by a roll -call vote. 2. Commission Appointment of Vice -Chairperson — Nominations from the Commission. MOTION: By Commissioner Hatch and seconded by Commissioner Marks to nominate Commissioner Butz to the position of Vice Chairperson of the Parks and Recreation Commission. Motion passed 7:0 by a roll -call vote. COMMISSION/ YOUTH REPRESENTATIVE ANNOUNCEMENTS AND REPORTS: None a0*44LI111 IF-AIEel ZI 1. Presentation to Outstanding Community Services Department Volunteer Jay DeCou. Deputy Public Works Director Geoff English recognized Jay DeCou for his contributions to the City of Atascadero, and Chairperson Sechrist presented him with a plaque and certificate in recognition of his volunteer services. PRC Draft Minutes 02/21/08 Page 2 of 7 A. CONSENT CALENDAR: 1. Parks and Recreation Commission Minutes — November 15, 2007 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Minutes of the November 15, 2007 meeting. [Community Services] 2. Parks and Recreation Commission Special Meeting Minutes — December 20, 2007 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Special Meeting [Community Services] Minutes of the December 20, 2007 meeting. MOTION: By Vice Chairperson Butz and seconded by Commissioner Dunn to approve Items #A-1 and 2. Motion passed 7:0 by a roll -call vote B. MANAGEMENT REPORTS: 1. Eaale Scout Proiect — Stadium Park Trailhead Sians (Swanson ■ Fiscal Impact: All costs related to this project will be covered through donations solicited by the Eagle Scout candidate. ■ Recommendation: Commission recommend approval of the proposed project by Eagle Scout Zac Swanson to install trailhead signs in Stadium Park. [Public Works] Deputy Public Works Director Geoff English introduced Eagle Scout Zac Swanson who explained his project and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner Marks and seconded by Commissioner Dunn to recommend approval of the proposed project by Eagle Scout Zac Swanson to install trailhead signs in Stadium Park with the Peelar log style. Motion passed 7:0 by a roll -call vote. 2. PLN 2007-1243 / PLN 2007-1197 / PLN 2007-1251 General Plan Amendment & Planned Development 7 Atascadero Avenue Triangle / 6905 Navaioa Avenue (City of Atascadero / MLW Holdings, LLC / Atascadero Homeowners, LLC) ■ Fiscal Impact: Depending on option chosen, impacts will vary. PRC Draft Minutes 02/21/08 Page 3 of 7 ■ Recommendation: Commission recommend approval to the City Council of the Draft Resolution recommending approval of General Plan Amendment 2007-0019 and Zone Change 2007-0140 consistent with the City Council's September 2007 direction at Atascadero Avenue and San Andres. [Community Development] Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, spoke about the history of this site, his plans to incorporate some sort of high school memorial for the landscape feature, and answered questions of the Commission. Eric Greening raised the question of the assumption that it was a taking and the lack of any timely legal challenge to the rezoning of the parcel following the 2002 General Plan Update. He questioned the safe pedestrian and bicycle egress to nearby parks for this development, and stated that it would be confusing to have a memorial on the site that was not accessible to those wanting to use it. Jay DeCou related a story about another development in town in which two small parks were required that subsequently became very expensive litter boxes with playgrounds that were not used. He stated this plan would create a nice entry way to the High School and encouraged the Commission to accept the project as proposed. Chairperson Sechrist closed the Public Comment period. Commissioner comments: Commissioner Dunn ■ This is not a park at all, but a private landscape feature that is not very big. ■ Does not think this area is for the high school students as they won't have access to it. ■ Would have liked the entire parcel kept as a recreational corner park for the other nine residences as the yards are small. ■ Would have been nice if the entire corner could have been a park open to the public. ■ Has heard concerns from local residents regarding the high density and traffic. Student Representative Carden ■ If the park was utilized for a high school memorial there could be the possibility of vandalism of the park, which is directly in the backyards of the two adjoining homes. ■ The landscape feature would be more protected if it remains a private area. ■ Atascadero Park is nearby for those living at the site with small children. PRC Draft Minutes 02/21/08 Page 4 of 7 Commissioner Butz ■ The corner parcel has never been visually attractive. • This proposal with the nicely landscaped area would upgrade that property and provide smaller homes in a nice area. Student Representative Buck -Moyer ■ Dislikes this plan, and wished the City Council had stood behind the Parks and Recreation Commission's recommended half acre park. ■ There will be no park now and no one will be able to go into the landscape feature, only look at it. • The entire corner was originally zoned for a park, now it will be high density housing and the city is not getting anything in return. Commissioner Chacon ■ In terms of property, there is not a great loss of recreation opportunity. ■ This site is within a reasonable distance of several opportunities for recreation. Chairperson Sechrist ■ Recommends that the '/z acre park area stay as a dedicated park space until the City has the money to maintain it as a park. ■ Sees this as a loss of a '/2 acre park, but understands the city did not want to take over ownership. ■ Questioned if there were other ways to insure the'/2 acre for the future. Commissioner Hatch ■ The city did not want the responsibility for the land yet it appears that some would wish to dictate how others should use it. Commissioner Istenes ■ Would like to see a smaller wall on the landscape feature. MOTION: By Commissioner Hatch and seconded by Commissioner Chacon to recommend approval to the City Council of the Draft Resolution recommending approval of General Plan Amendment 2007-0019 and Zone Change 2007-0140 consistent with the City Council's September 2007 direction at Atascadero Avenue and San Andres. Motion passed 4.3 by a roll -call vote. (Dunn, Istenes, Sechrist opposed) 3. Paloma Creek Park Playground Structure — Purchase and Installation ■ Fiscal Impact: Expenditure of $225,000 in previously allocated funds for the replacement of the Paloma Creek Park playground structure, if authorized by the City Council. PRC Draft Minutes 02/21/08 Page 5 of 7 ■ Recommendation: Commission review and recommend approval of the selected Services] playground structure to City Council. [Community Deputy Public Works Director Geoff English and Recreation Supervisor Jennifer Fanning gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jay DeCou spoke about the creation of the park and explained that purchase of playground equipment was not an option at that time. He stated this plan has all the necessary elements for play structures and suggested incorporating a few elements for handicapped children. Student Representative Page Buck -Moyer reported that there are several features in this structure that are accessible by the handicapped. Chairperson Sechrist closed the Public Comment period. MOTION: By Commissioner Dunn and seconded by Commissioner Hatch to recommend approval of the selected playground structure to the City Council with the option of considering having plain ground with no art or if there is to be art that it be addressed at another time. Motion passed 7:0 by a roll -call vote. C. COMMITTEE & LIAISON REPORTS: 1. Atascadero Youth Task Force - Next meeting 03/04/08 at 7:15 a.m., Atascadero Junior High School Library 2. Mayor/Mayor Pro Tem and Commission Chair/Vice Chair quarterly meeting — 03/03/08 at 12:00 p.m. (agenda to follow). Chairperson Sechrist stated if any Commissioner has anything they would like discussed at the meeting to contact him or Vice Chairperson Butz. D. STAFF COMMENTS/ ANNOUNCEMENTS: Deputy Public Works Director English and Recreation Supervisor Fanning reported on the following items. 1. Mark Your Calendar: ■ 2/23/08 - SLOCAPRA 2008 Parks and Recreation Commissioners Workshop (Hearst Castle Visitors Center) PRC Draft Minutes 02/21/08 Page 6 of 7 ■ T -Ball Opening Day — Saturday, March 15'" at 12:00 p.m., at Paloma Park • Zoo Easter Egg Hunt — Saturday, March 22nd (more details to follow) 2. Colony Park Community Center Update 3. New Zoo Website www.CharlesPaddockZoo.org 3. Prescription Trails Brochure 4. Parks Project Update Commissioner Butz requested that a discussion on the 100 Mile Club be placed on a future agenda. E. ADJOURNMENT: Chairperson Sechrist adjourned the meeting at 9:38 a.m. to the next regularly scheduled meeting of the Parks and Recreation Commission on March 20, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PRC Draft Minutes 02/21/08 Page 7 of 7 ITEM NUMBER: A - 2 DATE: 05/15/08 CITY OF A TA SCA DERO PA RKS AND RECREA TION COMMISSION DRAFT MINUTES Thursday, March 20, 2008 7:00 P.M. Regular Meeting REGULAR SESSION: 7:00 P.M. Chairperson Sechrist called the meeting to order at 7:07 p.m. and Commissioner Dunn led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Chacon, Dunn, Hatch, Istenes, Marks, Vice Chairperson Butz and Chairperson Sechrist. Absent: Student Representatives Buck -Moyer and Carden (Excused) Staff Present: Community Services Director Brady Cherry, Deputy Director of Public Works — Operations, Recreation Supervisor Jennifer Fanning and Administrative Assistant Shannon Sims. COMMUNITY FORUM: Student Representative Buck -Moyer joined the meeting. Eric Greening mentioned that at a recent workshop developing ideas for downtown and the vicinity, the Stadium Park Master Plan was the fourth highest priority out of about sixty. He wanted to inform the Commission in case they were contacted and encouraged them to attend the City Council meeting next Tuesday to voice their opinions. APPROVAL OF AGENDA: MOTION: By Commissioner Chacon and seconded by Commissioner Marks to approve the agenda. Motion passed 7:0 by a roll -call vote. COMMISSION/ YOUTH REPRESENTATIVE ANNOUNCEMENTS AND REPORTS: Vice Chairperson Butz informed the Commission that she has tickets available to purchase for the April 22nd Templeton Rotary family event to see the professional Harlem Ambassador Basketball Traveling Team. The event will take place at Atascadero High School. Commissioner Chacon had an opportunity to go visit the Colony Park Community Center. He said he was impressed by how well organized it was. He said there were great activities taking place and he specifically likes the tutoring program. He plans on contacting Cuesta Community College to see if they can get some students to do some community service work and help with the tutoring lab. Commissioner Istenes said that San Gabriel Elementary School had received grant approval for Safe Routes to Schools. She also spoke about Commissioner Workshop and said that all but Atascadero trail brochures were available. She requested the Atascadero brochures be distributed more widely. Student Representative Buck -Moyer apologized for being late to the meeting. She had a track meet for her school. Chairperson Sechrist mentioned the 2008 SLOCAPRA Workshop. Commissioner Chacon noted that at the Workshop he liked the focus on kids, the use of the parks, and the Bill of Rights for kids. Commissioner Marks inquired about the status of Stadium Park. Community Services Director Brady Cherry said the City is in the process of trying to get an easement. PRESENTATION: 1. Presentation to Outstanding Community Services Department Volunteer Sam McMillan. PRC Draft Minutes 03/20/08 Community Services Director Brady Cherry presented Sam McMillan with the award. He commended him on his many dedicated years of service to children of all ages within the community. A. CONSENT CALENDAR: 1. Parks and Recreation Commission Meeting Minutes — January 17, 2008 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Minutes of the January 17, 2008 meeting. [Community Services] 2. Parks and Recreation Commission Meeting Minutes — February 21, 2008 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Special Meeting Minutes of the February 21, 2008 meeting. [Community Services] Chairperson Sechrist pulled Item A-2. Item A-2 was tabled to the next meeting. Chairperson Sechrist requested that the minutes (Item A-2) be reviewed for accuracy. He thought that his comments on Page 5 were over summarized. MOTION: Vice Chairperson Butz and seconded by Commissioner Hatch to approve Consent Item A-1. Motion passed 7:0 by a roll -call vote. A discussion about the process of Parks and Recreation Commission recommendations being relayed to Council in a timely manner ensued. Community Services Director Brady Cherry explained that the minutes are the official record of the meeting. He explained the process and importance of the minutes. PUBLIC COMMENT: Eric Greening requested that his comments on the February 21, 2008 Minutes (Item A- 2) be reviewed. He referred to Page 4 and said he wasn't questioning whether it was legal, but he was questioning the assumption that it was a taking. Chairperson Sechrist closed the Public Comment period. Commissioner Comments: Commissioner Hatch inquired if there was any City policy that says if an item is to be presented to the Parks and Recreation Commission there is a required amount of time that must expire before that item can appear on the City Council agenda. PRC Draft Minutes 03/20/08 Chairperson Sechrist said this was one of the topics spoke about at the joint Mayor/Chair meeting that he recently attended. He said he would be addressing more of this issue later in the meeting when he gives his update. B. MANAGEMENT REPORTS: 1. Atascadero Lake Water Quality Improvement Project / Floating Wetlands Presentation ■ Fiscal Impact: None. • Recommendation: Informational item only. [Public Works] Deputy Director of Public Works — Operations Geoff English gave a brief presentation and introduced LynneDee Althouse, Ph.D. with Althouse and Meade, Inc. LynneDee Althouse, Ph.D. introduced fellow biologists May Perry and Cassie Murphy. She gave a power point presentation on the proposed floating wetlands concept. She explained the causes and possible solutions pertaining to water quality issues. May Perry and Cassie Murphy showed examples of floating materials to the Commissioners and answered their questions. 01 1100191IT, I LTJ 1:4►k6 Ernie Porter, Community Member, spoke of past problems with and around Atascadero Lake. He stressed the importance of the pipeline working correctly. He said he thought the floating wetlands were an excellent idea. Chairperson Sechrist closed the Public Comment period. Commissioner Comments: A discussion amongst Commissioners and LynneDee Althouse, Ph.D. ensued. Topics such as monitoring, harvesting, cost, baseline data assessment, aeration systems, materials and temperatures were discussed. Student Representative Buck -Moyer said that she's part of an organization at her school who would be happy to donate their time to help with this project. Commissioner Dunn commented on the duck feeding being a problem at the lake. She inquired if it would be possible to post signs prohibiting. Commissioner Istenes mentioned that AGP Video advertises the City on Channel 20 and that most of the pictures shown represent only domestic fowel, not native. Deputy Director of Public Works — Operations Geoff English said that he's been working with a Cal Poly senior who is preparing an educational campaign discouraging feeding the ducks for his senior project. PRC Draft Minutes 03/20/08 PUBLIC COMMENT: Ernie Porter, Community Member, spoke about the problem of people feeding the domestic ducks at the lake. Chairperson Sechrist closed the Public Comment period. Chairperson Sechrist recessed the meeting at 9:00 p.m. Chairperson Sechrist called the meeting back to order at 9:06 p.m. 2. Paloma Creek Park Plavaround Reolacement Proiect / Graahics and Theme Options ■ Fiscal Impact: None. ■ Recommendation: Commission review and select an option for the Paloma Creek Park Playground Structure graphics and theme panels. [Public Works] Deputy Public Works Director — Operations Geoff English presented the staff report. PUBLIC COMMENT: None. Commissioner Comments: Commissioners discussed various options for themes and logos. The majority of the Commission thought that the Building Dreams theme should be incorporated near the small playground structure for the younger kids, and that the Sports theme should be incorporated near the larger structure. C. COMMITTEE & LIAISON REPORTS: 1. Atascadero Youth Task Force - Next meeting 04/04/08 at 8:00 a.m., Colony Park Community Center Community Services Director Brady Cherry reported that there will be a Special Breakfast Meeting on Friday, April 11 th at 8:00 a.m. at the Colony Park Community Center. Youth initiatives and issues pertaining to community youth will be presented by school district officials. He clarified that there will be no meeting on April 4th D. STAFF COMMENTS/ ANNOUNCEMENTS: 1. Mark Your Calendar: ■ Zoo Easter Egg Hunt — Saturday, March 22nd ■ Sunken Gardens Flea Market, Saturday, April 19th at 8.00am 2. Colony Park Community Center Update 4. Parks Project Update PRC Draft Minutes 03/20/08 Community Services Director Brady Cherry reviewed upcoming special events. Recreation Supervisor Jennifer Fanning presented an update on the Colony Park Community Center. She informed the Commission that Recreation Coordinator — Sports Courtney Jones will be filling in for her while she is on maternity leave. Deputy Director of Public Works — Operations Geoff English mentioned that a new pre- fabricated restroom has been delivered to Atascadero Lake Park and is anticipated to be open in the next three weeks. He also mentioned the Atascadero Lake Parking Lot Improvement Project which, if approved, will start in approximately 3-4 weeks. Chairperson Sechrist reported on the joint Mayor/Chairperson meeting. Below were the four topics that he asked questions of: Orientation for New Commissioners and Annual Training for All Commissioners — The Commissioners Manual is completed and should be finalized and available soon. When it is ready, it will be agendized and reviewed by the Commission. In the meantime, there is a website Commissioners can refer to www.robertsrules.com as a resource. Goals of Council for Commissioners — Reviewed 2008 Parks and Recreation Commission Workplan at the meeting. The Council seemed to be in agreement with topics selected. Scheduling a Joint Meeting with the Council to Discuss Goals — Committed to having a joint meeting in September for the Parks and Recreation Commission and the City Council. No specific date was set. It was also suggested that Commissioners contact their individual Council Member to discuss and update them on issues. Communication Process of Recommendations to Council — Time issues were discussed. City Manager Wade McKinney suggested that after the Commission makes a Motion, Community Services Director Brady Cherry repeat the Motion back to the Commission and have Commissioners agree that it was the interpretation they intended. Chairperson Sechrist said they also discussed the Resource Conservation District Trail Project. It was confirmed that this item, if re -scoped, would come back to the Commission before it is finalized. Chairperson Sechrist elaborated on the discussion on the issue of Council voting on items without knowing the Commission's recommendations. Council agreed that it was a problem. Part of the problem lies in that some projects are time sensitive and can't wait a period of time in between Commission/Council meetings. He also pointed out that minutes have to be approved before they are final. PRC Draft Minutes 03/20/08 Vice Chairperson Butz said the Mayor/Chair meetings are a great way to improve communication between Council and Commissions. Commissioner Hatch asked if the issues with forwarding the recommendations to Council is a logistics problem. Community Services Director Brady Cherry mentioned that the City Council agenda packets require a lot more time for preparation. Reports are due 3 weeks in advance. He said he would agree with City Manager Wade McKinney's suggestion that he repeat back motions to the Commission and then he will relay to Council. Commissioner Chacon suggested that when staff writes the recommendation on the staff report, it be worded exactly as they would have the Commission make the motion. This way it can easily be read back by the Commission incorporating any changes/additions. Community Services Director Brady Cherry said that for every staff report that is brought to the Commission, he will create a slide to present to the Council with the Commission's recommendation. Chairperson Sechrist said it's helpful to have two -option recommendations (one accepting, one denying). Commissioner Istenes thought that if there was a split vote, the reasons why Commissioners voted the way they did should be relayed to Council. Community Services Director Brady Cherry said that the recommendation relayed to Council is either to approve or not to approve. He suggested that if Commissioners have concerns or want to relay why they voted a specific way, they contact Council Members or appear at the Council Meeting to speak. E. ADJOURNMENT: Chairperson Sechrist adjourned the meeting at 10:04 p.m. MINUTES PREPARED BY: Shannon Sims, Administrative Assistant PRC Draft Minutes 03/20/08 ITEM NUMBER: A - 3 DATE: 05/15/08 Atascadero Parks and Recreation Commission Staff Report — Community Services Department DRAFT MINUTES Thursday, April 17, 2008 6:00 PM Tour begins at Colony Park Community Center (5599 Traffic Way, Atascadero) FACILITIES TOUR SPECIAL MEETING: 6:00 P.M. Chairperson Sechrist called the meeting to order at 6:12 p.m. and Commissioner Marks let the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dunn, Istenes, Marks, Vice Chairperson Butz and Chairperson Sechrist. Student Representative Buck -Moyer. Absent: Commissioner Chacon (excused), Commissioner Hatch (excused) and Student Representative Cardin (excused). Staff Present: Community Services Director Brady Cherry, Deputy Director of Public Works — Operations Geoff English and Administrative Assistant Shannon Sims. ITEM NUMBER: A - 3 DATE: 05/15/08 COMMUNITY FORUM: Eric Greening expressed his wished that we have time to visit Stadium Park on the tour. APPROVAL OF AGENDA: 5:0 in favor to approve agenda by roll -call vote. A. CONSENT CALENDAR: 1. Parks and Recreation Commission Minutes — March 20, 2008 ■ Staff Recommendation: Commission approve the Parks and Recreation Commission Meeting Minutes of the March 20, 2008 meeting. [Community Services] Chairperson Sechrist pulled Item A-1. Item A-1 was tabled until next meeting. 2. Memorial Tree Placement Reauest — Atascadero Lake Park Memorial Grove (Orlando) ■ Fiscal Impact: None. ■ Recommendation: Commission recommend approval to the City Council of a request by Sal Orlando to dedicate a Western Redbud Tree in memory of Jeannette McAlister, to be planted at Atascadero Lake Park Memorial Grove Site #3. [Community Services] 3. Memorial Tree Placement Reauest — Atascadero Lake Park Memorial Grove (Peterson) ■ Fiscal Impact: None. ■ Recommendation: Commission recommend approval to the City Council of a request by Teresa Peterson to dedicate a California Buckeye Tree in memory of Hope Odell, to be planted at Atascadero Lake Park Memorial Grove. [Community Services] MOTION: By Commissioner Marks and seconded by Commissioner Dunn to approve items A-2 and A-3. Motion passed 4:0 by a roll -call vote (Commissioner Istenes abstained). PARK FACILITIES TOUR: The Commission toured the following facilities in the order listed. Community Services Director Brady Cherry and Deputy Public Works Director Geoff English lead the tour. They described the facilities, uses, maintenance, future plans and issues at each location. ITEM NUMBER: A - 3 DATE: 05/15/08 1) Colony Park Community Center 2) Colony Park (Formerly Traffic Way Park) 3) George C. Beatie Skate Park 4) Stadium Park The staff gave general operating information to the Commission about each facility, and answered questions of the Commission. No action was taken. I_10111L911101!1OT, 141!1S Chairperson Sechrist adjourned the meeting at 7:23 p.m. MINUTES PREPARED BY: Shannon Sims, Administrative Assistant ITEM NUMBER: B - 1 DATE: 05/15/08 Atascadero Parks and Recreation Commission Staff Report — Public Works Department Atascadero Lake Water Quality Improvement Project Duck Feeding Education Program Cal Poly Senior Project — Progress Report Presentation RECOMMENDATION: Commission receive report and comment. Informational item only. DISCUSSION: Background: Previous reports to the Parks and Recreation Commission have highlighted staff efforts to improve the water quality in Atascadero Lake. Improvements in water quality at Atascadero Lake are intended to minimize the frequency and size of periodic algae blooms and fish die -offs. Some of the efforts to improve lake water quality include; but are not limited: 1. Atascadero Creek Fill -pipe repairs/ enhancements. 2. Installation of two lake -side wells for additional water sources. 3. Acquisition of the Ag well from the Yellow Rose Ranch as an additional water source. 4. Periodic chemical applications (Copper Sulfate) to help control algae blooms. (The last application was in 2002 and this is an option of last resort). 5. Periodic domestic waterfowl removal and relocation efforts. 6. Sediment removal at times of low water levels. (The last significant sediment removal project occurred in early 1990's.) 7. Implementation of a routine water testing program to monitor water quality conditions. 8. Purchase a solar -powered water circulator, the SolarBee. The SolarBee is designed to draws up water from below the machine and spread it across the top of the pond/ lake in a near -laminar -flow manner for surface renewal. 9. Initiation of a pilot project to install floating wetlands for the potential water filtration benefits. Analysis: A still -applicable feasibility study on Atascadero Lake water quality in 1987, surmised that seasonal algae blooms and fish die -offs are a result of a lack of dissolved oxygen (DO) and high nutrient levels in the lake (copies of the 1987 feasibility study were previously distributed). Also, stated in this report (and still the case today) is that waterfowl populations contribute to the high nutrient levels in the lake. Staff is working with a Cal Poly Natural Resources Management student, Garth Leavans, on a project to educate the public about the potential negative impacts of high waterfowl populations on lake water quality. Garth Leavans will make a presentation on the progress of his Cal Poly Senior Project to the Parks and Recreation Commission. This report will focus on ways to reduce waterfowl populations through an educational program and about the negative consequences of duck feeding. Conclusion: Staff requests that the Parks and Recreation Commission receive and comment on this presentation. FISCAL IMPACT: None. ITEM NUMBER: B - 2 DATE: 05/15/08 Atascadero Parks and Recreation Commission Staff Report — Community Services Commission Manual RECOMMENDATION: Commission read and review the Commission Manual from the City Clerk. Informational item only. DISCUSSION: Background: The Commissioner Manual is intended to give Commissioner's a better understanding of their roles as appointed advisors to the City Council. The Commission is a community resource for parks and recreation related matters and issues. The authority of the Commission comes from the Municipal Code and is defined by the City Council. It is staff's hope that you will find the Commission manual helpful, as you carry out your responsibilities as Commissioner. ATTACHMENTS: 1. Commission Manual (comb bound packet attached) 2. Community Services Organizational Chart 3. Facility Policies, Procedures & Fees WELCOME! The Atascadero City Council, City Manager, and City staff are pleased you are interested in serving on one of the City's Commissions. Our community prides itself on citizen involvement in all issues concerning the City. By volunteering, you will not only help the City benefit from your time and experience - you will also broaden your horizons, get to know new people, and receive the satisfaction of knowing you are serving your fellow citizens. As a member of a City Commission, you will serve in an advisory capacity to the City Council, performing a valuable service by addressing community issues and needs. City Council Members look forward to your contribution as we work together to provide efficient municipal service, responsive to local needs and expectations. The City Council appreciates your willingness to work in this capacity and hopes your experience will be stimulating, enjoyable and satisfying. For questions concerning your responsibilities as Commissioner, please contact your staff advisor/Department Head, or the City Clerk. We look forward to working with you! 1 TABLE OF CONTENTS -:• Welcome 1 -:- Table of Contents 2 •:- Introduction 3 Section I Purpose of Commissions and General Information 4 ❖ Section II Relationships of Commissions with the City Council, City Manager, City Staff and the Public 10 ❖ Section III How to Conduct Effective Public Meetings 13 ❖ Section IV Individual Commission Responsibilities 17 ❖ Section V California Political Reform Act 19 ❖ Section VI California Ralph M. Brown Act 20 ❖ Section VII Attachments • A: Planning Commission Atascadero Municipal Code, Title 2, Chapter 9 21 • B: Parks and Recreation Commission Atascadero Municipal Code, Title 2, Chapter 13 23 • C: Commission Norms and Procedures 26 • D: "Can I Vote?" California Fair Political Practices Commission • E: 2008 Compliance Manual - The Brown Act 2 City of Atascadero Commissioner Handbook INTRODUCTION The City of Atascadero encourages and promotes participation by citizens in the decision making process through a variety of activities. Most notable is the appointment of citizens to standing Commissions to advise the City Council on specific issues and problems. In certain situations, Commissions are empowered to make decisions, subject to appeal to the Council. Commissions are considered advisory bodies. The City of Atascadero is fortunate to have many concerned citizens give their time by serving on City Commissions. These formal citizen bodies have helped define and formulate the City's goals and objectives that have guided its growth and development since its incorporation in 1979. The level of citizen involvement in local government is growing, and with it the challenge and opportunities that will require the careful attention of our Commissions. The primary purpose of this handbook is to provide a guide for Commissioners to conduct meetings in accordance with City laws and policies; to inform Commission members of the responsibilities and duties of the Commission on which they have been asked to serve; to clarify relationships between Commissioners and the City Council, City Manager, City staff and general public; and to provide general information that might be useful in conducting public meetings. This handbook is divided into six sections: Section I - Purpose of Commissions and General Information • Section II - Relationships of Commissions with the City Council, City Manager, City Staff and the Public. Section III —How to Conduct Effective Public Meetings. Section IV — Individual Commission Responsibilities Section V — California Political Reform Act • Section VI — California Ralph M. Brown Act Section VII - Attachments The detailed information on the establishment of the advisory Commissions, their roles, and the rules governing the Commissions can be found in the City of Atascadero Municipal Code and are attached as Attachments A & B. k] SECTION I Purpose of Commissions and General Information SCOPE OF AUTHORITY There are two Commissions serving the City Council: the Planning Commission and the Parks and Recreation Commission. The purpose of these Commissions is to: • Advise the City Council and the City Manager on matters within their area of responsibility and interest as prescribed by the City Council and their ordinances. • Hold hearings and make decisions and recommendations on projects within their scope of authority. • Help focus attention on specific issues and problems within their scope of responsibilities, and recommend actions and alternatives for their resolution. • Act as channels of communication and information between City government, the general public, and special interest groups. • Reconcile contradictory viewpoints and provide direction toward achieving citywide goals and objectives. • Encourage broad citizen participation in the definition and formulation of City goals and actions for achieving these goals. • Balance community needs with municipal responsibilities and resources. APPOINTMENT, TERMS, RESIGNATION AND TERMINATION The appointment process and number of members per Commission are set by ordinance. Currently, the Municipal Code specifies that the City Council has the power to appoint two members by a majority vote of the Council to each Commission for two- year terms, and the remaining five Commissioners to the Planning Commission and to the Parks and Recreation Commission are directly appointed by each individual City Council Member. The five directly appointed Commissioners' terms of office coincide with the term of office of the appointing Councilmember. All Commissioners serve at the pleasure of the City Council. In the event a Commission member is unable to continue to serve actively as a Commissioner, the individual should submit a letter of resignation to the City Clerk. Commissioners who are absent from three (3) consecutive regular Commission meetings, or from four (4) meetings during a calendar year without formal consent of the Commission noted in its official minutes, shall be reported by the responsible City staff member to the City Council for consideration of removal from office. 9 A member of a Commission serves at the pleasure of the City Council and may be removed from office, with or without cause, by a majority vote of all the members of the City Council. SELECTION Any Atascadero resident, who is registered to vote and at least 18 years of age, is eligible to apply to serve as a City Commissioner. Applications are available in the City Clerk's Office, Selection for appointment to Commissions is generally based on the following: • A broad perspective and concern for the welfare and progress of the City. • A familiarity with the City's history, issues, and goals. • An interest in the functions and area of responsibility of the particular Commission. • A readiness to devote time and effort to carrying out the duties and responsibilities of the particular office. • A willingness to be aware of and understand the policies of the City Council. • A willingness to serve as Chairperson of the particular Commission. • An ability to act impartially in the interest of the community at large. ORGANIZATION OF COMMISSIONS At its first meeting in February, each Commission shall elect a chair and vice -chair to serve one-year terms. MFFTINC=,S The time and place of Commission meetings are set by ordinance. Commissions meet at the time designated unless they act to change this time and/or location. Meetings must be held in a public place located within the City limits. If a regular meeting falls on a holiday, the Commission should reschedule the meeting to another date. Appropriate public notice is required for changes in meeting times and locations. The Brown Act and the Atascadero Municipal Code require only that a regular meeting date and time be established each month. If there are no items of business on the agenda, it is not necessary to convene. E ADJOURNED MEETINGS Commissions may adjourn any meeting to a time and place specified in the order of adjournment. An adjourned regular meeting is considered a regular meeting for the purposes of transacting business. SPECIAL MEETINGS Special meetings may be called at any time by the Department Head/Staff Advisor or a majority of the membership. Written notice of the special meeting must be delivered to the City Clerk and each member at least 24 hours before the time of the meeting and must indicate the business to be considered at the meeting. Notice must also be given to the local newspaper 24 hours in advance. AGENDAS Agendas of regular meetings are available at least 72 hours in advance of a meeting. As a Commissioner, you will also receive an agenda packet which includes all staff reports and attachments pertaining to the items listed on the agenda. Commissioners should review all documents thoroughly before the meeting, including visiting project sites, if desired. You must bring the agenda packet to the Commission meeting for reference. HEARINGS As directed by law, an official Notice of Public Hearing is generally published in a local paper or general circulation and mailed/posted. Hearings held by a Commission should be fair and impartial. Members need to address bias or conflict of interest issues prior to the hearing to determine if a member should disqualify himself/herself and not participate in the hearing. (Staff should contact the City Attorney if there are concerns in this area.) Persons and/or groups who may be affected by the subject of the hearing must be given sufficient notice of the time and place of the hearing and a reasonable opportunity to be heard. They may be represented by counsel if they wish, and may be permitted to present oral and documentary evidence. The Agenda must indicate the time, date, and subject of the public hearing. At the appropriate time, the Chair opens the hearing and explains to the audience the hearing procedures. If there are numerous persons who would like to participate, and all represent the same view and opinions, the chair may ask that a spokesperson be selected to speak for the group. Irrelevant and off -the -subject comments may be ruled out of order by the Chair. lJ The usual procedure after the hearing has been opened is for staff to present the staff report followed by Commissioners' questions relating to the report itself. Proponents should then be given the opportunity to present their case first. This is followed by an opportunity for opponents to present their case. Proponents can then present their rebuttal to those points presented by opponents. (Comments by residents should be made during the proponent/opponent speaking period.) Either side may ask questions through the Chair. The Chair must maintain order by making sure all discussions with the public occur at the lectern and that all questions are handled by the Chair. Discussion or debating from the audience, or discussions directly with staff, need to be redirected immediately by the Chair. After all interested persons have had and opportunity to speak, the hearing should be closed, ending audience participation. Commission members may then discuss the proposal and take action on the proposal. There are three different kinds of hearings: "informal" public hearings, "formal" public hearings, and "protest" hearings (a specific kind of formal public hearing). An informal public hearing is one which is not required by law but which is called by the City Council or a Commission in order to give the public chance to comment on a subject. A formal public hearing is one which is required by State Law or local ordinance and which must be conducted according to specified procedures. Most such hearings are designated to solicit comment from the general public. A protest hearing is usually associated with formation of a benefit assessment district or a Planning Department matter, and is called to give private property owners directly affected by the City's actions a chance to protest. MOTIONS A motion goes through the following steps: 1. The member asks to be recognized by the Chair. 2. After being recognized, the member makes the motion ("I move ...") 3. Another member seconds the motion. 4. The Chair states the motion and asks for discussion. 5. When the Chair feels there has been sufficient discussion, the debate is closed (i.e., "Are you ready for the question?" or "Is there any further discussion?"). 6. If no one asks for permission to speak, the Chair puts the question to a vote. 7. After the vote, the Clerk announces the decision ("The motion passes" or "The motion fails," as the case may be.) Phrasing a motion is often difficult and corrections may be necessary before it is acted upon. Until the Chair states the motion (step 4), the member making the motion may rephrase or withdraw it. If the original motion has already been seconded, the consent of the second is required. An amendment may be offered to a motion, which must also be seconded, and then acted upon by the members. After an amendment is approved, the original motion as amended still must be voted upon. It is particularly important when a motion is amended that the Chair restate the motion so that members are clear 7 on what they are voting on. For lengthy approval motions, a commission may simply move to adopt staff recommendation in order to avoid reading the entire approval action. DIVIDED MOTIONS In making motions, members should try to avoid including more than one proposal in the same motion. This is especially important when members are likely to disagree. If a member would prefer to see proposals divided and voted upon separately, the member should ask the Chair to divide the motion. If other members do not object, the Chair may proceed to treat each proposal as a distinct motion to be acted upon separately. The request to divide may also be made by motion. The minutes should indicate how each member voted. ADJOURNMENT If the body wishes to meet before the next regularly scheduled meeting, the motion to adjourn may adjourn the meeting to a stated time and place. If this is done, a notice of the adjourned meeting must be posted on the door of the regular meeting place within 24 hours after the time of adjournment. MINUTES Minutes of all meetings must be kept and will be prepared by staff. Written minutes, upon approval by the Commission, constitute the official record of its activities. Additions and corrections of the minutes may be made only in public meetings, with the approval of the body, and not by the private request of individual members. The City policy is to keep summary minutes, which are succinct and summarize findings and actions taken by the Commission. After the meeting, in addition to formal minutes, Commission decisions requiring City Council action are prepared by staff and forwarded to the City Council as an item for their Agenda. In certain instances, recommendations are in the form of a resolution (i.e.: Planning Commission recommendations for zone changes). ATTENDANCE A maiority of the members of a body constitutes a quorum. A quorum is essential to conduct business. Once a quorum is constituted, its majority can conduct business. If a quorum is not present, the Clerk will adjourn the meeting. Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Members should notify the Chairperson and staff advisor (Department Head) as soon as possible if they are not able to attend a meeting. 8 Commissioners who are absent from three (3) consecutive regular Commission meetings, or from four (4) meetings during a calendar year without formal consent of the Commission noted in its official minutes, shall be reported by the responsible City staff member to the City Council for consideration of removal from office. REQUIRED TRAINING On October 7, 2005, the Governor signed Assembly Bill 1234. This Bill requires (among other things) that all local agencies must provide ethics training to local agency officials by January 1, 2007, and every two years thereafter. This required training is offered by the City Attorney every year. Qualified ethics training is also available online and at various public agency conferences. The City Clerk will notify all Commissioners of upcoming training opportunities. SECTION II Relationships of Commissions with the City Council, City Manager, City Staff and the Public RELATIONS WITH THE CITY COUNCIL The primary responsibility of the Commissions is to advise and make recommendations to the City Council. Commissions should not attempt to relieve the Council of the responsibility for making policy decisions. This responsibility properly rests with the City Council and cannot be delegated to any other body, however capable and interested it might be. A Commission or individual Commissioner may disagree with the City Council on any matter, but once the Council has established its position on a matter, the Commission should not do anything contrary to the established policies and programs adopted by the City Council. If personal ethical problems arise, resignation from the Commission is an appropriate response. Commissions or members should not attempt to predict Council action, either publicly or privately. They may and should interpret Council policies or identify trends in Council thinking. RELATIONS WITH STAFF City staff works for, and is responsible to, the City Manager. The City Manager may assign staff to act in a technical advisory capacity and provide supportive assistance to a Commission. Except where administrative authority is specifically conferred upon a Commission, the Commission should not attempt to direct or decide on the priority of work for the department providing staff to it. Since staff personnel are directly responsible to the City Manager, it becomes his responsibility to allocate their time and efforts. Commissions should not ask staff to commit manpower for work that has not been budgeted or has not been approved by the City Council. The Commissioners should work through the staff advisor (Department Head), except for the purpose of inquiry, in carrying out the Commission's responsibilities. Commissioners shall not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. Commissioners shall not attempt to change or interfere with the operating policies and practices of any City department. 10 Commissioners should not attend internal staff meetings or meetings between City staff and third persons unless invited by City staff or directed by Council to do so. Commissioners may attend meetings of private organizations that staff may attend. Commissioners may attend any public meeting of the City or any public agency. It is not expected that every staff recommendation will be approved; however, based on the technical knowledge of staff, consideration should be given to their proposals and recommendations. After a staff recommendation has been made, the Commission may or may not agree; in the latter case, staff will present the Commissioners' decision or actions completely and accurately, but has the option of making their recommendation to the City Council, through the City Manager, which may be different from those of the Commission. Commissions or individual Commissioners should not discuss individual concerns regarding employee -related matters with employees. These matters shall be referred to the City Manager. New Commissioners receive an orientation by the Department Head of their assigned department regarding the relationship between all City Commissions and City staff, and the scope of activities within the field of influence of the particular commission. RELATIONS WITH THE PUBLIC • Commissioners are encouraged to become aware of public opinion related to their field of influence and welcome citizen input at Commission meetings. • Commissions should ensure that rules and procedures are clear to the public in public hearings and meetings. • Commission members should: o Conduct themselves at public meetings in a manner that is fair, understanding, and gracious as circumstances permit. o Be considerate of all interests, attitudes, and differences of opinion. o Take care to observe both the appearance and the principle of impartiality. • Commissioners should speak through the Chair and try to avoid speaker -to - audience conversation. The purpose of hearing the public is usually to help the Commission act, not to engage in debate or argument with the public. • Commissioners should avoid making statements to the media or to the public on matters that have not been presented before the entire Commission. • Commissioners should be aware that any statements or opinions made to members of the media could be considered "on the record" by reporters. Such statements should be made in consideration of the likelihood that they will be printed or broadcasted. • Relations with the City Council should also be kept in mind in communicating with the public or the media. Commissioners are considered by the public to be members of, and spokesperson for, the City. Because policy decisions are the sole responsibility of the City Council, it is inappropriate for Commissioners, as representatives of the City, to publicly criticize established Council policies or Council members. This does not in any way preclude a Commissioner's 11 responsibility to advocate his or her position on a policy matter prior to the decision on an official policy. CITY STAFF RELATIONS WITH COMMISSIONS City staff is available to provide general staff assistance in the conduct and operation of the meetings. Commissioners are not involved in the daily administration or operation of City departments, and members may not direct the activities of City staff. There will be occasions when City staff will be required to prepare agenda reports on either a Commission action or appeal for City Council review and/or action. In preparation of such a report the staff member will present both the staff position and the Commission's position. The position of members not voting in the majority on an item should also be present in the staff report if requested to do so by the member(s). City staff responsibilities are as follows: • Orientation of Commissioners. • Timely preparation of clear and concise reports. • Timely agenda preparation and dissemination. • Provide up-to-date technical knowledge. • Clear and accurate lines of communication. • Accurately present recommendations to City Council. • Explain the decisions of the City Council in response to Commission recommendations. • Help to make the work of the commission effective. The City Council developed the Council Norms and Procedures at a City Council Team Development Special Meeting in May 2007. As a result, the City Council developed a Commission Norms and Procedures reflective of the Council's document, which is attached to this Handbook as Attachment C. 12 SECTION III How to Conduct Effective Public Meetings FUNCTIONS AND BEHAVIOR Effective Commissions usually pay attention to the following functions and behavior: • Prioritizing tasks • Anticipating problems • Analyzing problems • Setting clear objectives • Developing actions/options • Identifying implementation roadblocks • Deciding • Active listening, not interrupting, not judging • Supporting your colleagues - Accepting their ideas - Creating opportunities to involve members - Building on members' ideas - Encouraging different ideas • Confronting what's happening - Questioning your and others' assumptions - Dealing directly with conflict - Focusing attention on the idea; not the person • Diagnosis skills - How are you working together? - Who isn't involved? - What isn't being discussed? - Where is your help needed? - When are YOU going to help? EFFECTIVE CONFLICT MANAGEMENT Public hearings or citizens input meetings are difficult to manage. Participants at public hearings are usually highly motivated and often nervous. When you have a group of potential adversaries in one room, the possibility of uncontrolled conflict is very high. As Commissioners, your role is toug ide conflict to positive results, not to eliminate it, which is usually not possible. The following suggestions should help manage conflict and confrontation effectively: Anticipate conflicts by doing your homework so you can concentrate on the dynamics of the meeting rather than learning about the topic at hand. 13 • Treat all sides fairly. Set the rules of the hearing early and make sure everyone follows them without exception. • Carefully explain the purpose of the public hearing and what action is expected at the conclusion of the hearing. Insistence on playing by the rules is your best tool for conflict management in the public hearing. • Make decisions as promptly as possible. Commissions may get so bogged down in procedural distractions, petty details, and endless searches for more information that the issue never seems to get resolved. • Try not to overreact to such inflammatory comments as: o "Who thinks up these ideas, anyway?" o "You must be in the developer's pocket." o "This whole idea stinks of politics." These types of comments do not require answers. Most are expressions of frustration. Try to turn frustration to constructive avenues. Ask questions. Be specific if you can. Reinforce areas where you agree. Do not return insult for insult. Your insults can turn the audience against you for your lack of control and unfairness. • Try to avoid speaker -to -audience conversation. The purpose of a hearing is to help your Commission act, not engage in debate. • If other Commission members have questions of the speaker, the Chair should permit these questions only during the speaker's time at the lectern. • Be careful not to prejudge the action of the Commission. Use the hearing to gather the necessary information about the project and individuals' desires concerning the proposal. Your Commission members should not express their views on the proposal until after public comment has ended. Commission members' comments and questions should not suggest a position one-way or the other. • In situations when a Commission's action constitutes a formal decision by the City (i.e. a zoning matter), a Commissioner's prior statements about the pending matter may cause the Commissioner to be disqualified and/or the Commission's decision to be invalidated. • Once public comment has ended, Commissioners should be invited to discuss their views on the proposal. • View the public hearing as an example of basic democracy in action at the local level. Make it your personal goal to make the public hearing work. This means that everyone will feel fairly treated, believe the Commission 14 had all the facts, was open in its deliberations, and acted accordingly. No one person dominated the meeting, there was sufficient time for all to speak and no one left the meeting feeling disenfranchised. Ideas for Commissioner Effectiveness 1. Learn all you can about Atascadero, its history, its operations, its financing. Do your homework. Know your City code and the General Plan. 2. Devote sufficient time to your office and to studying the present and future issues confronting Atascadero and San Luis Obispo County. 3. Don't burn yourself out on the little things, but recognize that they are often important to the public. Save your energy and time for the important matters. 4. Don't let honest differences of opinion within the commission degenerate into personality conflicts. 5. Remember that you represent all the people of Atascadero, not just neighbors and friends. Be wary of personal experiences coloring your public decisions. 6. Don't act as a commission of one; governing a City requires a multiple team effort—practically and legally. Be a team player and leader. 9. Make decisions on the basis of Council policy and the City Code, and be consistent. Treat similar situations similarly, and avoid favoritism. 10. Focus your attention on ways to prevent problems, rather than just trying to solve them as they occur. Filling potholes is one approach to governing; developing plans to prevent them is more effective. 11. Don't be misled by the strong demands of special interest groups that want something done now, their way. Your job is to find the long-term public interest of the City as a whole, and you may be hearing from the wrong people. 12. Don't be afraid of change. Don't be content to just follow the routine of your predecessors. Charge your appointed officers and employees with being responsible for new ideas and better methods. Listen to what they have to say and support good ideas. 13. Don't give quick answers when you are not sure of the real answer. It may be embarrassing to appear unknowledgeable, but it can be more embarrassing, and damaging, to give incorrect information. Just say "I'll get the answer and get back to you." 14. Don't rush to judgment. Few final actions have to be taken at the first meeting at which they are considered. Avoid "crisis management." 15.As an individual Commissioner, don't make promises you can't deliver! Decisions and actions require approval of the entire Commission. 16. Remember that you have legal authority as a Commission member only when the Commission is in legal session. 17. Don't spring surprises on fellow commissioners or your City staff, especially at public meetings. If a matter is worth bringing up for discussion, it's worth being on the agenda. Surprises may get you some publicity, at the embarrassment of others, but they tend to erode any "team" approach to governance. 18. Participate in official meetings with the dignity and decorum fitting those who hold a position of public trust. Personal dress and courteous behavior at meetings help create an environment for making sound public decisions. 15 19. Conduct your official public meetings with formality, and follow rules of procedure. 20. Don't be afraid to ask questions. It is one of the ways we learn. But do your homework by studying the agenda material before meetings. 21. Vote yes or no on motions. Don't cop out by abstaining except when you have a legitimate conflict of interest. A pass does not relieve you of responsibility when some decision must be made. 22. Once a majority decision of the governing body has been made, respect the official position and defend it if needed, even if you personally disagreed. 23. Respect the letter and intent of the open meetings law, but also keep private and confidential matters to yourself—don't gossip. 28. Don't always take no for an answer. The right question may be "How can we do this?" instead of "Is it possible to do this?" 29. Encourage imaginative solutions. Learn to evaluate recommendations and alternative courses of action. Ask staff to provide options. 30. Be concerned about the long-term future of the City. Avoid taking short-term gains at the expense of long-term losses. 31. When determining the public interest, balance personal rights and property interests, the possible harm to a few versus the good of the many. Recognize in many situations, everyone can't be a winner. 32. Provide leadership in the intergovernmental system. Keep in contact with and cooperate with your federal, state, county and special district officials. 33. Learn to listen—really listen—to your fellow Commissioners, other City officials and the public. Hear what they are trying to say, not just the words spoken. 34. Learn to be effective with the media. Cultivate good media relationships and communicate successes. 35. Maintain your sense of humor. Don't take yourself or the business of government so seriously that you don't enjoy it. It should be fun as well as a rewarding experience. Adapted from "53 Ideas on How to Govern Better", by E. A. Mosher, Connecticut Town and City, May -June 1990 16 SECTION IV Individual Commission Responsibilities Parks and Recreation Commission Responsibilities The Parks and Recreation Commission is composed of seven members and meets on the third Thursday of the month at 7:00 p.m. in the City Council Chambers. The duties and responsibilities of the Parks and Recreation Commission shall be to: a. Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming; b. Formulate policies and parks and recreation services for consideration by the City Council; c. Meet with the City Council at least once each year to discuss policies, programs, future needs, or other matters requiring joint deliberations. More frequent meetings may be held if deemed necessary by a determination of a majority of members of the City Council and Parks and Recreation Commission; d. Recommend to the City Council the development and improvement of parks, recreational areas, facilities, programs, and recreation services; e. Make periodic surveys of parks and recreation services that exist or may be needed and ascertain the needs of the public for such services; f. Assist in coordinating parks and recreation services with the programs of governmental agencies and voluntary organizations, g. Disseminate to the public information concerning the policies and functions of the Parks and Recreation Department; h. Advise the Director of Community Services in the development and operation of the parks and recreation programs and facilities; i. Suggest rules and regulations governing the use of parks and recreation areas and facilities. The detailed information on the establishment of the Parks and Recreation Commission, its roles, and the rules governing the Commission can be found in the City of Atascadero Municipal Code and is attached to this handbook as Attachment B. Assigned Staff: Community Services Director 17 Planning Commission Responsibilities The Planning Commission is composed of seven members and meets on the first and third Tuesday of the month at 7:00 p.m. in the City Council Chambers. The powers, duties, and functions of the Planning Commission shall be all those powers, duties, and functions of a Planning Commission as provided in Chapters 3 and 4 of Title 7, commencing with Section 65100 of the Government Code of the State. The Planning Commission shall perform such other duties and functions as may be directed or designated by the Council not inconsistent with State law. The planning commission's purpose: (a) Prepare, periodically review, and revise, as necessary, the general plan. (b) Implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. (c) Hear and decide applications for a variances, use permits, tentative tract maps, parcel maps, planned developments and native tree removal permits in accordance with adopted rules and procedures. (d) Annually review the capital improvement program of the city or county and the local public works projects of other local agencies for their consistency with the general plan, pursuant to Article 7 (commencing with Section 65400). (e) Endeavor to promote public interest in, comment on, and understanding of the general plan, and regulations relating to it. (f) Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan. (g) Promote the coordination of local plans and programs with the plans and programs of other public agencies. (h) Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title. The detailed information on the establishment of the Planning Commission, its role, and the rules governing the Commission can be found in the City of Atascadero Municipal Code and is attached to this handbook as Attachment A. Assigned Staff: Community Development Director 18 SECTION V Political Reform Act CONFLICT OF INTEREST Commission appointments are of such responsibility and accountability that they among other things, fall under the purview of the Political Reform Act. The voters of California enacted the Political Reform Act in 1974 to ensure that public officials, whether elected or appointed, would perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. Therefore, assets and income of public officials, which may be materially affected by their official actions, must be disclosed and in appropriate circumstances the officials must be disqualified from acting in order that conflicts of interest may be avoided. To this end, the State Fair Political Practices Commission has devised a standardized Statement of Economic Interest form for use throughout the State of California. Commission members are required to file an Assuming Office Statement within 30 days of their appointment. Commission members are required to file annual statements until their appointment expires. Upon terminating from their position, Commissioners will file a Leaving Office Statement. These forms are supplied by the City Clerk and filed with that office. It is the City Clerk's responsibility to provide the forms to Commissioners for filing in a timely manner. Commissioners shall not accept gifts from applicants or other persons concerned with matters which have been or might come before the advisory body. To accept a gift could be considered a bribe or payoff and advisory body members should not place themselves in this compromising position. Generally a gift is anything that has a value of $50 or more. For an overview of Public Officials' obligations under the Political Reform Act's Conflict of Interest Rules, please review the information from the California Fair Political Practices Commission attached as Attachment D. 19 SECTION VI Ralph M. Brown Act Summary Elected bodies and appointed commissions in California are required to conduct business openly. The requirements of the Ralph M. Brown Act are explicit in this regard: "In enacting this chapter, the legislature finds and declares that the public commissions, boards, and councils, and other public agencies in this state exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly." The Brown Act requires the posting of an agenda at least 72 hours before a regular meeting briefly describing each item of business and restricts actions or discussion to those items listed on the agenda. However, the Brown Act does allow members of the advisory body, or its staff, to "briefly respond" to comments or questions, provide a referral to staff, or reference other resources for factual information on a subject, or request a vote of the body to place the issue on a future agenda for discussion. Under the Ralph M. Brown Act, agendas and writings distributed to commissions for discussion or consideration at a public meeting are public record unless specifically exempt from public disclosure. Writings that are made public record under this provision and are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the agency or after the meeting if prepared by some other party. The Ralph M. Brown Act makes it a misdemeanor for members to attend or participate in the meeting where action is taken in violation of the Brown Act, and a member attends or participates in a meeting with wrongful intent to deprive the public of information to which it is entitled. The provisions of the Brown Act are not intended to apply to social gatherings where no action is taken. City staff members are familiar with the Brown Act and will assist Commissioners in meeting this responsibility. The City Attorney's Compliance Manual is attached to this handbook as Attachment E. ATTACHMENT A Title 2 ADMINISTRATION Chapter 9 PLANNING COMMISSION 2-9.01 Creation: Composition. 2-9.02 Members: Appointment: Terms of office. 2-9.03 Absence from meetings. 2-9.04 Members: Removal from office. 2-9.05 Vacancies. 2-9.06 Expenses. 2-9.07 Powers, duties, and functions. 2-9.08 Organization. 2-9.09 Planning Commission: Relations to Council and staff. 2-9.01 Creation: Composition. There is created a Planning Commission for the City which shall consist of seven (7) members who shall not be officials or employees of the City, but who shall be residents of the City. (Ord. 101 § 2 (part), 1985) 2-9.02 Members: Appointment: Terms of office. The City Council shall appoint members of the Planning Commission as follows: two (2) members shall be appointed by a majority vote of the entire Council. Those two (2) positions shall be appointed for terms of two (2) years commencing January 1, 2005 and expiring December 31, 2006. Except as modified below, the remaining five (5) members shall be directly appointed by each individual City Council Member in the December following the election at which the City Council member is elected. The terms of appointment for the directly appointed members of the Planning Commission shall be four (4) years and expire on December 31, or until the appointing Council Member vacates office. Appointments may be made after the commencement of a term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. In the event that a member at large (appointed by a majority vote of the entire Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event that a member directly appointed by a City Council Member resigns or is removed, the vacancy shall be filled by the individual City Council Member that made the appointment of the resigning or removed Planning Commission Member. All members shall serve at the pleasure of the City Council and may continue to serve after expiration of the stated term, with the approval of the City Council, until such time as a successor is selected according to the procedures set for the above. (Ord. 411 § 1, 2003: Ord. 327 § 2, 1997; Ord. 291 § 1, 1995: Ord. 200 § 1, 1990: Ord. 101 § 2 (part), 1985) 2-9.03 Absence from meetings. Absence of a member of the Planning Commission from three (3) consecutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Planning Commission noted in its official minutes, shall be reported by the Planning Director to the City Council for consideration of removal from office. (Ord. 200 § 2, 1990: Ord. 101 § 2 (part), 1985) 2-9.04 Members: Removal from office. A member of the Planning Commission serves at the pleasure of the City Council and may be removed from office, with or without cause, by a majority vote of all the members of the City Council. (Ord. 200 § 3, 1990: Ord. 101 § 2 (part), 1985) 2-9.05 Vacancies. 21 A vacancy on the Planning Commission occurring by death, resignation, removal, or any other cause before the expiration of the term of the member shall be filled by appointment for the unexpired term by the Council. (Ord. 101 § 2 (part), 1985) 2-9.06 Expenses. Planning Commission members shall be entitled to remuneration for expenses in accordance with the procedure approved by resolution of the Council. (Ord. 101 § 2 (part), 1985) 2-9.07 Powers, duties, and functions. The powers, duties, and functions of the Planning Commission shall be all those powers, duties, and functions of a Planning Commission and Board of Zoning Adjustment as provided in Chapters 3 and 4 of Title 7, commencing with Section 65100 of the Government Code of the State (the Planning and Zoning Law), as the same may be hereafter amended. The Planning Commission shall perform such other duties and functions as may be directed or designated by the Council not inconsistent with State law. (Ord. 101 § 2 (part), 1985) 2-9.08 Organization. As of February 1 st annually, or as soon thereafter as is feasible, the Planning Commission shall elect a chairman and a vice-chairman from among its members. The chairman shall preside over meetings, appoint appropriate committees, sign resolutions and direct the affairs of the Commission. In the absence of the chairman, the duties of this office shall be performed by the vice-chairman. The Commission shall conduct meetings pursuant to adopted rules for the transaction of business, shall keep a public record of its resolutions, transactions, findings, and determinations and shall hold regularly scheduled meetings in the Rotunda Room, fourth floor, Administration Building, 6500 Palma Avenue, Atascadero, every first and third Tuesday evening at 7:00 p.m., and on such other days, at such other times, as may be designated in order for a special meeting. When the day for any regular meeting of the Planning Commission falls on a legal holiday, the meeting shall not be held on such holiday but should be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Planning Commission. (Ord. 291 § 2, 1995: Ord. 142 § 2, 1986: Ord. 101 § 2 (part), 1985) 2-9.09 Planning Commission: Relations to Council and staff. (a) The City Council establishes policies citywide and specifically as they relate to the duties of the Planning Commission. The Planning Commission is advisor to the Council except where the Council has delegated specific authority to the Commission. City staff administers the policies of the Council, forwards recommendations of the Commission to the Council and administers Planning Commission actions on issues delegated to the Commission by the Council. The Planning Commission may recommend to the Council topics to be included in the City's work program. (b) The Commission and its members shall work through the Community Development Director, except for the purpose of inquiry, in carrying out the Commission's responsibilities. (c) Commissioners shall not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. Commissioners shall not attempt to change or interfere with the operating policies and practices of any City department. (d) Commissioners shall not attend internal staff meetings or meetings between City staff and third persons unless invited by City staff or directed by Council to do so. Commissioners may attend meetings of private organizations that staff may attend. Commissioners may attend any public meeting of the City or any public agency. (Ord. 504 § 3, 2007) 22 ATTACHMENT B Title 2 ADMINISTRATION Chapter 13 PARKS AND RECREATION COMMISSION 2-13.01 Established. 2-13.02 Qualifications. 2-13.03 Members: Appointment: Terms of office. 2-13.04 Ex officio member. 2-13.05 Absence from meetings. 2-13.06 Organization. 2-13.07 Procedure. 2-13.08 Quorum. 2-13.09 Secretary: Appointment: Minutes. 2-13.10 Duties and responsibilities. 2-13.11 Director of Community Services: Meeting attendance: Reports. 2-13.12 Expenses. 2-13.13 Parks and Recreation Commission: Relations to Council and staff. 2-13.01 Established. There is created a Parks and Recreation Commission composed of seven (7) members. (Ord. 252 § 1, 1992: Ord. 101 § 4 (part), 1985) 2-13.02 Qualifications. The regular members of the Commission shall be qualified electors of the City. (Ord. 101 § 4 (part), 1985) 2-13.03 Members: Appointment: Terms of office. The City Council shall appoint members of the Parks and Recreation Commission as follows: two (2) members shall be appointed by a majority vote of the entire Council. Those two (2) positions shall be appointed for terms of two (2) years commencing January 1, 2005 and expiring December 31, 2006. Except as modified below, the remaining five (5) members shall be directly appointed by each individual City Council Member in the December following the election at which the City Council member is elected. The terms of appointment for the directly appointed members of the Parks and Recreation Commission shall be four (4) years and expire on December 31, or until the appointing Council Member vacates office. Appointments may be made after the commencement of a term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. In the event that a member at large (appointed by a majority vote of the entire Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event that a member directly appointed by a City Council Member resigns or is removed, the vacancy shall be filled by the individual City Council Member that made the appointment of the resigning or removed Commission Member. All members shall serve at the pleasure of the City Council and may continue to serve after expiration of the stated term, with the approval of the City Council, until such time as a successor is selected according to the procedures set for the above. (Ord. 411 § 2, 2003: Ord. 327 § 4, 1997; Ord. 292 § 1, 1995: Ord. 282 § 1, 1995: Ord. 268 § 1, 1993: Ord. 252 § 2, 1992: Ord. 209 § 1, 1990: Ord. 101 § 4 (part), 1985) 2-13.04 Ex officio member. A member representing the school district shall be appointed by the Mayor as an ex officio member of the Commission. The appointee shall serve at the pleasure of the Mayor and without compensation. (Ord. 101 § 4 (part), 1985) 23 2-13.05 Absence from meetings. Absence of a member of the Commission from three (3) consecutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Commission noted in its official minutes, shall be reported by the Recreation Director to the City Council for consideration of removal from office. (Ord. 205 § 1, 1990: Ord. 101 § 4 (part), 1985) 2-13.06 Organization. As of February 1 st annually, or as soon thereafter as is feasible, the members of the Commission shall elect a chairman and a vice-chairman, who shall hold office for one (1) year. The chairman shall preside over meetings, appoint appropriate committees, sign resolutions, and direct the affairs of the Commission. In the absence of the chairman, the duties of this office shall be performed by the vice- chairman. (Ord. 292 § 2, 1995: Ord. 101 § 4 (part), 1985) 2-13.07 Procedure. The Commission shall adopt rules and regulations to govern its procedures and shall set a time and place for regular meetings which will be held at least once a month. (Ord. 101 § 4 (part), 1985) 2-13.08 Quorum. A majority of the members shall constitute a quorum. (Ord. 101 § 4 (part), 1985) 2-13.09 Secretary: Appointment: Minutes. The City Manager shall designate a secretary who shall maintain accurate minutes of the activities and official actions of the Commission. If this person is a City employee, said person shall be compensated accordingly. (Ord. 101 § 4 (part), 1985) 2-13.10 Duties and responsibilities. The duties and responsibilities of the Parks and Recreation Commission shall be to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming; (b) Formulate policies and parks and recreation services for consideration by the City Council; (c) Meet with the City Council at least once each year to discuss policies, programs, future needs, or other matters requiring joint deliberations. More frequent meetings may be held if deemed necessary by a determination of a majority of members of the City Council and Parks and Recreation Commission. All such meetings shall be held in accordance with statutory requirements governing public meetings; (d) Recommend to the City Council the development and improvement of parks, recreational areas, facilities, programs, and recreation services; (e) Make periodic surveys of parks and recreation services that exist or may be needed and ascertain the needs of the public for such services; (f) Assist in coordinating parks and recreation services with the programs of governmental agencies and voluntary organizations; (g) Disseminate to the public information concerning the policies and functions of the Parks and Recreation Department; (h) Advise the Director of Community Services in the development and operation of the parks and recreation programs and facilities; (i) Suggest rules and regulations governing the use of parks and recreation areas and facilities. (Ord. 252 § 3, 1992; Ord. 101 § 4 (part), 1985) 2-13.11 Director of Community Services: Meeting attendance: Reports. The Director of Community Services or the Director's delegate shall attend the meetings of the Parks and Recreation Commission and shall make such reports to the Commission, to the City Manager or to the City Council as may be required. (Ord. 252 § 4, 1992: Ord. 209 § 2, 1990: Ord. 101 § 4 (part), 1985) 24 2-13.12 Expenses. Commission members shall be entitled to remuneration for expenses in accordance with the procedure approved by resolution of the Council. (Ord. 101 § 4 (part), 1985) 2-13.13 Parks and Recreation Commission: Relations to Council and staff. (a) The City Council establishes policies citywide and specifically as they relate to the duties of the Parks and Recreation Commission. The Parks and Recreation Commission is advisory to the Council except where the Council has delegated specific authority to the Commission. City staff administers the policies of the City Council, forwards recommendations of the Commission to the Council and administers Parks and Recreation Commission action on issues delegated to the Commission by the Council. The Parks and Recreation Commission may recommend to the Council topics to be included in the City's work program. (b) The Commission and its members shall work through the Community Services Director, except for the purpose of inquiry, in carrying out the Commission's responsibilities. (c) Commissioners shall not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. Commissioners shall not attempt to change or interfere with the operating policies and practices of any City department. (d) Commissioners shall not attend internal staff meetings or meetings between City staff and third persons unless invited by City staff or directed by Council to do so. Commissioners may attend meetings of private organizations that staff may attend. Commissioners may attend any public meeting of the City or any public agency. (Ord. 504 § 4, 2007) PAI ATTACHMENT C CITY OF ATASCADERO COMMISSION NORMS AND PROCEDURES (2007) GENERAL • All Commission Members receive the same information concerning upcoming issues, training opportunities, etc. • Return unwanted reports and documents to staff for distributing to the public or for recycling. • Commission chairs and vice -chairs meet quarterly with the Mayor and Mayor Pro Tem to exchange feedback and be kept informed. The Council will receive information and provide direction. • Commission needs: - All Commissioners should receive annual training. - To know Council vision, community vision, and General Plan 2025 - Understanding of their roles and authority. - To be knowledgeable of annual prioritized goals of the City Council. • Criteria for commissioner for re -appointment (and in extreme cases, removal) shall include: - Attendance (Absence from 3 consecutive meetings, or from 4 meetings during a calendar year without formal consent of the Council). - Support of General Plan. - Treat staff and public with respect. - Working for the greater good of the community versus personal purposes. 26 COMMISSION VALUES • The Commission values active participation and open mindedness. • Commission Members will have respect for each other as individuals. • Commission Members have a responsibility to do what is in the public's best interest. • Commission Members will subordinate political considerations to the good of the entire community, while being straightforward about the philosophy behind their decisions. • The Commission Members value humor. • Traditions are respected, but not binding. COMMISSION INTERACTION AND COMMUNICATION • Commission Members are responsible for initiating the resolution of problems as they arise. • Commission Members will not direct personal attacks at each other during public meetings or in the press. Difference of opinion should be about issues and not personalities. • Relationships should be professional and courteous [beware of impact on, and perception of, public]. • Substantive Commission / Department Director items are to receive advance notice and public notification. • Commissioners that are the Complainant on an issue before the Commission must declare their involvement in the issue before the item is reviewed by the Commission. COMMISSION INTERACTION AND COMMUNICATION WITH STAFF Department Director • Staff will provide essential information to all Commission Members. Staff will support the Commission to make the best decision or recommendation possible. 27 Staff in General Whenever possible, if there is a significant issue or question a Commission Member has on an agenda item, then the member should contact staff prior to the meeting so staff can be adequately prepared to address such issues during the public meeting. COMMISSION OPTIONS FOR KEEPING INFORMED • Read Council Minutes in order to keep up to date on current issues facing the City. (Available on City website) • Commission Members will do their homework by reading the agenda packets prior to meetings and making site visits when possible. CHAIR AND VICE -CHAIR SELECTION Each Commission shall elect a Chair and Vice -Chair to serve a one-year term at its first meeting in February. CHAIRPERSON'S ROLE • Each Chairperson is unique; the role is defined by the person, based on that person's style. • The Chairperson is the spokesperson for the Commission on actions approved by the Commission as a whole. The Chairperson shall not share his or her personal views while representing the Commission. • The Chairperson shall ensure fairness, and strive to expedite the meetings in an efficient and professional manner. • The Commission Chairs, as representatives of the Commission, communicate with the Mayor at quarterly meetings and at other times as necessary. PUBLIC MEETINGS • Department Director sets the Agenda for regular Commission meetings, with direction from the City Manager. • Public comment shall be received on all action items. ►: • Any Commission Member can request an item be placed on a future agenda under Commission Announcements and Reports. No action will be taken on the item unless it is placed on a future agenda by a majority of the Commission. • Commission Members will treat everyone equally with respect and courtesy. • Corrections to minutes are passed to the Commission Secretary before the meeting. • Each Commission Member may share his/her views about the issue and the reasons for his/her vote. • Consent Calendar - The Consent Calendar should be used for minutes, routine Commission business, and items already approved in the budget. - If a Commission Member has a personal question on a Consent Calendar, they are to ask staff ahead of time, rather than having it pulled off for discussion during the meeting. - Staff is prepared to report on every agenda item. • Public Comment - Hearing items will be organized as follows: 1. Staff Report 2. Questions from Commission 3. Open public comment 4. Applicant's report (may exceed 5 minutes) 5. Public comment (limited to 5 minutes) 6. Close public comment 7. Staff response 8. Commission deliberations 9. Motion and vote - Once public comment is closed, further public input will not be allowed unless re -opened by Chair. - Applicant's comments shall be limited to a reasonable time. - Public comments shall be limited to 5 minutes per speaker; per Municipal Code. - it is acceptable to ask questions of a speaker for clarification. - Each speaker will be thanked. 29 - Commission will not respond until all public comment has been received. - Chair allows other members to speak first and then gives his/her views and summarizes. • Votinq - Each Commissioner has an opportunity to speak before a motion. - Attempts will be made to get consensus on significant issues. - Commission Member discussions should not be redundant. 30 Can 1 vote? A Basic Overview Of Public Officials' Obligations Under the Political Reform Act's Conflict -of -Interest Rules b C tY --,_ Aurch Of q. New For pd "My home is near the proposed new shopping mall. Can I vote on the issue at next month's Planning Commission meeting?" Many of you may have been confronted with such questions. This booklet is offered by the FPPC as a general overview of your obligations under the Political Reform Act's conflict-of-interest rules. Using non- technical terms, the booklet is aimed at helping you un- derstand your obligations at the "big picture" level and to help guide you to more detailed resources. Stripped of legal jargon: ➢You have a conflict of interest with regard to a par- ticular government decision if it is sufficiently likely that FPPC 2 (revised 7105) the outcome of the decision will have an important im- pact on your economic interests, and ➢a significant portion of your jurisdiction does not also feel the important impact on their economic interests. The voters who enacted the Political Reform Act by ballot measure in 1974 judged such circumstances to be enough to influence, or to appear to others to influ- ence, your judgment with regard to that decision. The most important thing you can do to comply with this law is to learn to recognize the economic interests from which a conflict of interest can arise. No one ever has a conflict of interest under the Act "on general prin- ciples" or because of personal bias regarding a person or subject. A conflict of interest can only arise from par- ticular kinds of economic interests, which are explained in non-technical terms later in this booklet. An important note... —166-ASK-FPPC = as far in advance as possible. If you learn to understand these interests and to spot potential problems, the battle is mostly won be- cause you can then seek help on the more technical details of the law from your agency's legal counsel or from the California Fair Political Practices Commission. The Commission's toll-free advice line is 1-866- ASK-FPPC (1-866-275-3772). Under rules adopted by the FPPC, deciding whether you have a financial conflict of interest under the Politi- cal Reform Act is an eight -step process. If you me- thodically think through the steps whenever there may be a problem, you can avoid most — if not all — mis- takes. These steps are spelled out and explained in general terms in this booklet. If you learn nothing else from this booklet, re- member these things: This law applies only to financial conflicts of in- terest; that is, conflicts of interest arising from economic interests. Whether you have a conflict of interest that dis- qualifies you depends heavily on the facts of each governmental decision. The most important proactive step you can take to avoid conflict of interest problems is learning to recognize the economic interests from which conflicts of interest can arise. On the next page are the eight steps: Eight steps to help you decide Step One: Are you a "public official" within the meaning of the rules? Step Two: Are you making, participating in making, or influencing a governmental decision? Step Three: What are your economic interests? That is, what are the possible sources of a financial conflict of interest? Step Four: Are your economic interests directly or in- directly involved in the governmental decision? Step Five: What kinds of financial impacts on your economic interests are considered important enough to trigger a conflict of interest? Step Six: The important question: Is it substantially likely that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interests? Step Seven: If you have a conflict of interest, does the "public generally" exception apply? Step Eight: Even if you have a disqualifying conflict of interest, is your participation legally required? FPPC 5 (revised 7/05) Next, here is a non-technical explanation of each: Public Official Step One —Are you a "public official," within the meaning of the rules? The Act's conflict-of-interest rules apply to "public officials" as defined in the law. This first step in the analysis is usually a formality — you are probably a public official covered by the rules. If you are an elected official or an employee of a state or local gov- ernment agency who is designated in your agency's conflict-of-interest code, you are a "public official." If you file a Statement of Economic Interests (Form 700) each year, you are a "public official" under the Act (even if you are not required to file a Form 700, in some cases you may still be considered a public official because the definition covers more than specifically designated employees). The cases that are tougher to determine typically involve consultants, investment managers and advisers, and public-private partner- ships. If you have any doubts, contact your agency's legal counsel or the FPPC. Governmental Decision Step Two —Are you making, participating in making, or influencing a governmental decision? The second step in the process is deciding if you are engaging in the kind of conduct regulated by the FPPC 6 (revised 7/05) conflict-of-interest rules. The Act's conflict-of-interest rules apply when you: Make a governmental decision (for example, by vot- ing or making an appointment). Participate in making a governmental decision (for example, by giving advice or making recommenda- tions to the decision -maker). v Influence a governmental decision (for example, by communicating with the decision -maker). A good rule of thumb for deciding whether your ac- tions constitute making, participating in making, or influ- encing a governmental decision is to ask yourself if you are exercising discretion or judgment with regard to the decision. If the answer is "yes," then your conduct with regard to the decision is very probably covered. When you have a conflict — Regulation 18702.5 (special rule for section 87200 public officials) Government Code section 87105 and regulation 18702.5 outline a procedure that public officials speci- fied in section 87200 must follow for disclosure of eco- nomic interests when they have a conflict of interest at a public meeting. The full text of this law and regulation may be viewed in the Library and Publications section of the FPPC's website at http://www.fppc.ca.gov. Public officials specified in section 87200 of the Government Code, such as council members, planning commissioners, and boards of supervisors, must pub- FPPC 7 (revised 7/05) licly identify in detail the economic interest that cre- ates the conflict, step down from the dais and must then heave the room. This identification must be fol- lowing the announcement of the agenda item to be discussed or voted upon, but before either the dis- cussion or vote commences. Additionally, the disqualified official may not be counted toward achieving a quorum while the item is being discussed. The identification of the conflict and economic in- terest must be made orally and shall be made part of the public record. Exceptions: If the decision is to take place during a closed session, the identification of the economic inter- est must be made during the public meeting prior to the closed session but is limited to a declara- tion that the official has a conflict of interest. The economic interest that is the basis for the conflict need not be disclosed. The official may not be present during consideration of the closed ses- sion item and may not obtain or review any non- public information regarding the decision. • A public official is not required to leave the room for an agenda item on the consent calendar pro- vided that the official recuses himself or herself and publicly discloses the economic interest as described above. FPPC 8 (revised 7/05) A public official may speak as a member of the general public only when the economic interest that is the basis for the conflict is a personal eco- nomic interest, for example, his or her personal residence or wholly owned business. The official must leave the dais to speak from the same area as the members of the public and may listen to the public discussion of the matter. Examples: — The Arroyo City Council is considering widen- ing the street in front of council member Smith's per- sonal residence, which he solely owns. Council member Smith must disclose on the record that his home creates a conflict of interest preventing him from participating in the vote. He must leave the dais but can sit in the public area, speak on the mat- ter as it applies to him and listen to the public discus- sion. — Planning Commissioner Garcia is a greater than 10% partner in an engineering firm. The firm represents a client who is an applicant on a project pending before the planning commission. Commis- sioner Garcia must publicly disclose that the appli- cant is a source of income to her requiring her recusal. Commissioner Garcia must step down from the dais and leave the room. Since this is not a per- sonal interest that is the basis for the conflict, she may not sit in the public area and listen to the dis- cussion. — Supervisor Robertson rents a home to a county employee. The county employee is the sub- ject of a disciplinary matter in a closed session of the Board of Supervisors. During the open session prior to adjourning to closed session, Supervisor Robertson an- nounces that he must recuse himself from participating in the closed session but does not disclose that the reason for his recusal is a source of income nor does he name the county employee that is the source of income to him. He may not attend the closed session or obtain any non-public information from the closed session. Economic Interests Step Three — What are your economic interests? That is, what are the possible sources of a financial conflict of interest? From a practical point of view, this third step is the most important part of the law for you. The Act's conflict-of-interest provisions apply only to conflicts of interest arising from economic interests. There are six kinds of such economic interests from which conflicts of interest can arise: ➢ Business Investment. You have an economic in- terest in a business entity in which you, your spouse, your registered domestic partner, or your dependent children or anyone acting on your behalf has invested $2,000 or more. ➢ Business Employment or Management. You have an economic interest in a business entity for which you are a director, officer, partner, trustee, employee, or hold any position of management. Real Property. You have an economic in- "The mnof terest in real property in which you, your spouse, your regis- tered domestic part- ner, or your depend- ent children or any- one acting on your behalf has invested $2,000 or more, and also in certain lease- hold interests. thing portant ➢ Sources of Income. You have an economic inter- est in anyone, whether an individual or an organiza- tion, from whom you have received (or from whom you have been promised) $500 or more in income within 12 months prior to the decision about which you are concerned. When thinking about sources of income, keep in mind that you have a community property interest in your spouse's or registered do- mestic partner's income — a person from whom your spouse or registered domestic partner receives income may also be a source of a conflict of interest to you. Also keep in mind that if you, your spouse, your registered domestic partner or your dependent children own 10 percent of more of a business, you are considered to be receiving "pass-through" in- come from the business's clients. In other words, the business's clients may be considered sources of income to you. ➢ Gifts. You have an economic interest in anyone, whether an individual or an organization, who has FPPC 11 (revised 7/05) given you gifts which total $390 or more within 12 months prior to the decision about which you are concerned. Personal Financial Effect. You have an economic interest in your personal expenses, income, assets, or liabilities, as well as those of your immediate family. This is known as the "personal financial ef- fects" rule. If these expenses, income, assets or li- abilities are likely to go up or down by $250 or more in a 12 -month period as a result of the governmen- tal decision, then the decision has a "personal finan- cial effect" on you. On the Statement of Economic Interests (Form 700) you file each year, you disclose many of the economic interests that could cause a conflict of interest for you. However, be aware that not all of the economic inter- ests that may cause a conflict of interest are listed on the Form 700. A good example is your home. It is com- mon for a personal residence to be the economic inter- est that triggers a conflict of interest even though you are not required to disclose your home on the Form 700. Directly or Indirectly Involved? Step Four —Are your economic interests directly or indirectly involved in the governmental decision? An economic interest which is directly involved in and therefore directly affected by — a governmental decision creates a bigger risk of a conflict of interest than does an economic interest which is only indirectly involved in the decision. As a result, the FPPC's con- flict-of-interest regulations distinguish between eco- nomic interests that are directly involved and interests that are indirectly involved. Once you have identified your economic interests, you must next decide if they are directly involved in the governmental decision about which you are concerned. The FPPC has established specific rules for determin- ing whether each kind of economic interest is directly or indirectly involved in a governmental decision. The details of these rules are beyond the scope of this guide. In general, however, an economic interest is directly involved if it is the subject of the governmen- tal decision. For example, if the interest is real prop- erty, and the decision is about building a donut shop down the block from the property, then the interest is directly involved. If the interest is a business, and the decision is whether to grant a license for which the business has applied, the interest is directly involved. These are just examples; you should contact your agency counsel, the FPPC and the specific regulations if you have questions as each case arises. Note also that the next step in the analysis — applying the right standard to determine whether an impact is material — depends in part on whether the interest is directly or in- directly involved. The regulations — Sections 18704 through 18704.5 — and other helpful information can be found on the FPPC's web site, http://www.fppc.ca. gov. Materiality (Importance) Step Five — What kinds of financial impacts on your economic interests are considered important enough to trigger a conflict of interest? At the heart of deciding whether you have a conflict of interest is a prediction: Is it sufficiently likely that the governmental decision will have a material financial ef- fect on your economic interests? As used here, the word "material" is akin to the term "important." You will have a conflict of interest only if it is reasonably fore- seeable that the governmental decision will have an im- portant impact on your economic interests. The FPPC has adopted rules for deciding what kinds of financial effects are important enough to trig- ger a conflict of interest. These rules are called "materiality standards," that is, they are the standards that should be used for judging what kinds of financial impacts resulting from governmental decisions are con- sidered material or important. There are too many of these rules to review in detail in this booklet. Again, you can seek advice for your ➢ If the economic interest is directly involved in the governmental decision, the standard or threshold for deeming a financial impact to be material is stricter (i.e. lower). This is because an economic interest that is directly involved in a governmental decision presents a bigger conflict-of-interest risk for the public official who holds the interest. ➢ On the other hand, if the economic interest is not di- rectly involved, the materiality standard is more leni- ent because the indirectly involved interest presents a lesser danger of a conflict of interest. ➢ There are different sets of standards for the differ- ent types of economic interests. That is, there is one set of materiality standards for business enti- ties, another set for real property interests, and so on. The rules vary by the size and situation of the eco- nomic interest. For example, a moment's thought will tell you that a $20,000 impact resulting from a governmental decision may be crucial to a small business, but may be a drop in the bucket for a big corporation. For example, the materiality standards distinguish between large and small businesses, between real property which is close or far from property which is the subject of the decision. Does a Conflict of Interest Result? Step Six -- Is it substantially likely that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interests? As already mentioned in the introduction, the heart of the matter is deciding whether it is sufficiently likely that the outcome of the decision will have an important impact on your economic interests. What does "sufficiently likely" mean? Put another way, how "likely" is "likely enough?" The Political Re- form Act uses the words "reasonably foreseeable." The FPPC has interpreted these words to mean "substantially likely." Generally speaking, the likelihood need not be a certainty, but it must be more than merely possible. A concrete way to think about this is to ask yourself the following question: Is it substantially likely that one of the materiality standards I identified in step five will be met as a result of the government decision? Step six calls for a factual determination, not necessarily a legal one. Also, an agency may sometimes segment (break down into separate decisions) a decision to al- low participation by an official if certain conditions are FPPC 16 (revised 7105) met. Therefore, you should always look at your eco- nomic interest and how it fits into the entire factual pic- ture surrounding the decision. "Public Generally" Exception Step Seven — If you have a conflict of interest, does the "public generally" exception apply? Now that you have determined that you will have a conflict of interest for a particular decision, you should see if the exceptions in Step 7 and Step 8 permit you to participate anyway. Not all conflicts of interest prevent you from lawfully taking part in the government deci- sion at hand. Even if you otherwise have a conflict of interest, you are not disqualified from the decision if the "public generally" exception applies. This exception exists because you are less likely to be biased by a financial impact when a significant part of the community has economic interests that are sub- stantially likely to feel essentially the same impact from a governmental decision that your economic interests are likely to feel. If you can show that a significant seg- ment of your jurisdiction has an economic interest that feels a financial impact which is substantially similar to the impact on your economic interest, then the excep- tion applies. The "public generally" exception must be considered with care. You may not just assume that it applies. There are specific rules for identifying the specific seg- ments of the general population with which you may compare your economic interest, and specific rules for deciding whether the financial impact is substantially similar. Again, contact your agency counsel, the FPPC and the specific rules for advice and details. The regu- lations outlining the steps to apply the "public generally" exception can be found on the FPPC website at http:H www.fppc.ca.gov under regulations 18707-18707.9. Are you required to participate? Step Eight — Even if you have a disqualifying conflict of interest, is your participation legally required? In certain rare circumstances, you may be called upon to take part in a decision despite the fact that you have a disqualifying conflict of interest. This "legally re- quired participation" rule applies only in certain very specific circumstances in which your government agency would be paralyzed, unable to act. You are most strongly encouraged to seek advice from your agency legal counsel or the FPPC before you act under this rule. Conclusion Generally speaking, here are the keys to meeting your obligations under the Political Reform Act's con- flict-of-interest laws: Know the purpose of the law, which is to prevent biases, actual and apparent, which result from the financial interests of the decision -makers. ➢ Learn to spot potential trouble early. Understand which of your economic interests could give rise to a conflict of interest. Understand the "big picture" of the rules. For ex- ample, know why the rules distinguish between directly and indirectly involved interests, and why the public generally exception exists. ➢ Realize the impor- tance of the facts. Deciding whether you have a disquali- fying conflict of in- terest depends just as much — if not more — on the facts of your particular situation as it does on the law. ➢ Don't try to memorize all of the specific conflict- of-interest rules. The rules are complex, and the penalties for violating them are significant. Learn to understand the "big picture." You'll then be able to look up or ask about the particular rules you need to apply to any given case. ➢ Don't be afraid to ask for advice. It is available from your agency's legal counsel and from the FPPC. FPPC 19 (revised 7105) How To Contact Us. - Mail: Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Website: www.fppc.ca.gov Telephone: Toll-free advice line: 1-866-ASK-FPPC (1-866-275-3772) Regular line- 1-916-322-5660 Enforcement hot-line: 1-800-561-1861 THE BROWN ACT 2008 COMPLIANCE MANUAL Esl \XVILUAMS zx SORENSEN, LU' 2310 East Ponderosa Drive, Suite 25 Camarillo, CA 93010-4747 (805) 987-3468 www.bwslaw.com TABLE OF CONTENTS Page No. I. OVERVIEW OF THE BROWN ACT.......................................................................................... 1 A. Introduction................................................................................................................... 1 B. Basic Rule And Purpose.............................................................................................. 1 II. AGENCIES AND ORGANIZATIONS COVERED..................................................................... 2 A. What Legislative Bodies Are Subject To The Brown Act? ........................................... 2 B. Are Advisory Committees Covered?............................................................................ 2 III. MEETINGS COVERED............................................................................................................. 3 A. Definition of Meeting.. ................................................................................................... 3 B. Means of Communication............................................................................................. 3 C. What Is Not A Meeting?............................................................................................... 4 D. When Is Action Taken?................................................................................................ 4 IV. NOTICE, AGENDA AND MEETING REQUIREMENTS........................................................... 5 A. Categories Of Meetings Subject To The Brown Act ..................................................... 5 B. Location of Meetings. .. ......... m .......................................... -- .............. — ...................... 6 C. Agenda Requirements.................................................................................................. 6 V. RIGHTS OF THE PUBLIC AT MEETINGS............................................................................... 7 A. Attendance...................................................................................................................7 B. Meeting Records.......................................................................................................... 8 C. Participation..................................................................................................................9 D. Public Conduct............................................................................................................. 9 VI. CLOSED SESSIONS................................................................................................................ 9 A. Matters Appropriate For Closed Session..................................................................... 9 B. Closed Session Agenda Requirements..................................................................... 11 C. Procedure For Adjourning To Closed Session.... ............... M . M ..................................... 11 D. Who May Be Present In Closed Session?................................................................. 12 E. Reporting After Closed Sessions............................................................................... 12 F. Improper Disclosure Of Closed Session Information ................................................. 12 VII. ADJOURNMENTS AND CONTINUANCES............................................................................ 12 A. Adiournments.............................................................................................................13 B. Continuances..............................................................................................................13 VIII. REMEDIES AND PENALTIES FOR VIOLATIONS................................................................. 13 © 2008 Burke, Williams & Sorensen, LLP -I- The Brown Act 4822-3809-1008 v5 A. Criminal Penalties......................................................................................... B. Civil Action.................................................................................................... C. Opportunity to Cure....................................................................................... D. Invalidation of Actions................................................................................... E. Costs and Attorney Fees............................................................................... IX. INCORPORATION OF THE AMERICANS WITH DISABILITIES ACT WITHIN THE BROWNACT.............................................................................................................. A. General ADA Requirements.......................................................................... B. Brown Act Application................................................................................... X. RECENT DEVELOPMENTS...................................................................................... © 2008 Burke, Williams & Sorensen, LLP 4822-3809-1008 v5 15 15 15 The Brown Act THE BROWN ACT' I. OVERVIEW OF THE BROWN ACT A. Introduction. The Ralph M. Brown Act ("Brown Act") is found beginning at section 54950 of the California Government Code.2 The purpose behind the Brown Act, as originally adopted and as it remains today, is to make sure that actions of public agencies — including their deliberations - are taken in open and public meetings where all persons are permitted to attend. The courts have construed the Brown Act liberally, in favor of openness. While the Brown Act guarantees the public's right to attend and participate in open and public meetings, the Americans with Disabilities Act ("ADA") ensures that the meetings will actually be accessible to all members of the public. Violations of the Brown Act can result in the action taken being invalidated and the imposition of criminal fines and penalties. B. Basic Rule And Purpose. Legislative Declaration: "In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." (§ 54950) 2. Basic Rule: "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body." (§ 54953(a)) As summarized by one court: "It is clearly the policy of this state that the proceedings of public agencies, and the conduct of the people's business, [must] take place at open meetings, and that the deliberative process by which decisions related to the public's business are made [must] be conducted in full view of the public." (Epstein v. Hollywood Entertainment Dist. 11 Bus. Improvement Dist. (2001) 87 Cal.AppAth 862, 867) Thus, except for closed sessions, all aspects of the decision-making process by legislative This manual is a general summary of the Brown Act and is not intended to provide legal advice on any specific issue. In addition, the statutory and case law summarized in this manual is subject to change. Public agency staff should always seek the advice of agency legal counsel as to the application of the Brown Act in a particular situation and to ascertain whether there have been recent changes to the Brown Act or its interpretation by the courts. 2 Unless otherwise indicated, all statutory references are to the California Government Code. © 2008 Burke, Williams & Sorensen, LLP -1- The Brown Act 4822-3809-1008 v5 bodies—including the acquisition of information, discussion and debate—must be conducted in public. Key components of the Brown Act: Compliance with the Brown Act involves an understanding or the meaning and application of the following key terms: a. Legislative Body Meetings C. Open and Public All Persons Permitted to Attend {I. AGENCIES AND ORGANIZATIONS COVERED Virtually every type of local government body, elected or appointed, decision making or advisory, permanent or temporary, including some types of private organizations must adhere to the Brown Act. A. What Legislative Bodies Are Subject To The Brown Act? Public organizations: The governing body of a local agency and any commission, committee, or board, whether permanent or temporary, decision-making or advisory, created by a formal act of the governing body is considered a "legislative body." (§ 54952) This definition includes entities established under the Joint Powers Act that are intended to operate as a legally separate entity. (See McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.AppAth 354.) Note: The Brown Act also applies to persons elected to serve on a legislative body covered by the Brown Act but who have not yet assumed the duties of office. (§ 54952.1) Private organizations: The board or other governing body of a private organization, such as a nonprofit corporation is subject to the Brown Act, if (a) a local agency legislative body created or was involved in bringing the organization into existence to exercise lawfully delegated authority, or (b) if both of the following requirements are met: (i) the organization receives funds from the agency and (ii) a member has been appointed as a full voting member of such board by the legislative body. (§ 54952(c); see also Op.Cal.Atty.Gen No. 01-401 (2002);3 and International Longshoreman's & Warehouseman's Union v. L.A. Export Terminal, Inc. (1999) 69 Cal.AppAth 287) B. Are Advisory Committees Covered? An advisory committee composed solely of members of a legislative body, but less than a quorum of the legislative body is not covered, unless: (a) it is a standing committee that has continuing subject matter jurisdiction, or (b) has a meeting schedule fixed by formal action of the legislative body. (§ 54952(b)) 3 The Attorney General Opinions referred to in these materials may be obtained online at www.caag.state.ca.us. C 2008 Burke, Williams & Sorensen, LLP -2- The Brown Act 4822-3809-1008 v5 III. MEETINGS COVERED A. Definition of Meeting. A "meeting" includes a gathering of a majority of the members of a legislative body to hear, discuss, or deliberate upon any item which is within its subject matter jurisdiction. (§ 54952.2(a)) As defined, the term meeting is not limited to gatherings at which action is taken but also includes deliberative gatherings as well. B. Means of Communication. A meeting includes any use of direct communication, personal intermediaries, or technological devices which are employed by a majority of the members of the legislative body to develop a collective concurrence. (§ 54952.2(b); see also Op.Cal.Atty.Gen. No. 00-906 (2001)) Technological conferencing: Meetings may be conducted by teleconferencing (i.e., any electronic audio or video connection) under the following conditions: a. agendas are posted at teleconferencing locations specifying all teleconference locations; b. public access provided at each teleconference location; C. public opportunity to speak at each teleconference location; and d. votes taken by roll call. At least a quorum of the members of the legislative body must participate in the teleconference within the boundaries of the local agency. (§ 54953(b)) Note: The use of teleconferencing is an option available to the legislative body and the statute appears to require a concurrence of the majority of the body for its use. (§ 54953(b)(3)["If the legislative body elects to use teleconferencing...]) The Brown Act does not create a right for the public to participate in meetings via teleconferencing unless members of the legislative body are present at such location, though the agency may provide the public with additional locations. (§ 54953(b)(4)) Compliance Tip: Local agencies should adopt policies on the use of teleconferencing that address the circumstances under which it may be appropriate to use this technology and the permissible additional costs, if any, that may be incurred. Serial meeting: This type of meeting can occur in two ways a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on, until a quorum has been involved. (See Wolfe v. City of Fremont (2006) 144 Cal.App.4'h 533 [citizen stated claim for Brown Act violation based on alleged series of discussions among individual council members]) © 2008 Burke, Williams & Sorensen, LLP -3- The Brown Act 4822-3809-1008 v5 b. Nub -and -spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to develop a collective concurrence (or communicate each member's respective positions) on an action to be taken by the legislative body. Compliance Tip: The use of e-mail can easily result in developing a collective concurrence along with a paper trail establishing a potential violation of the Brown Act. (See Op.Cal.Atty.Gen. No. 00-906 (2001) Agency members must be extremely careful with the use of e-mail, except to pass along general information. For example, agency members should refrain in e-mails from stating or taking a position on matters that may come before the agency. Members should also refrain from giving instructions or directions to staff members unless they have clear authority to do so. Remember: you never know where or in how many "in" boxes an e-mail may end up. C. What Is Not A Meeting? 1. Individual contacts or conversations. 2. Attendance by a quorum of members at: a. a conference; b. an open and publicized meeting of another body of the agency; C. an open and publicized meeting of the legislative body of another agency; or d. an open and publicized meeting of another organization; PROVIDED that a majority of the members do not discuss amongst themselves business of a specific nature that is within the subject matter jurisdiction of the agency other than as part of the scheduled meeting or program. (§ 54952.2(c)) e. a social or ceremonial occasion; PROVIDED that a majority of the members do not discuss amongst themselves business of a specific nature that is within the subject matter jurisdiction of the agency. (§ 54952.2(c)) f. an open and noticed meeting of a standing committee of the body; PROVIDED that the members of the body who are not members of the committee attend only as observers. (§ 54952.2(c)) D. When Is Action Taken? 1. A collective decision by a majority of the members of a legislative body; 2. A collective commitment, or promise by a majority of the members to make a positive or negative decision; or © 2008 Burke, Williams & Sorensen, LLP -4- The Brown Act 4822-3809-1008 v5 3. An actual vote by a majority of the members of the legislative body sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. (§ 54952.6) IV. NOTICE, AGENDA AND MEETING REQUIREMENTS A. Categories Of Meetings Subject To The Brown Act. Regular Meetings: Regular meetings of the legislative body, excluding advisory committees and standing committees, must be held at the time and place set by ordinance, resolution, or bylaws. (§ 54954(a)) 2. Special Meetings: The presiding officer or a majority of the legislative body may call a special meeting at any time. b. Written notice must be delivered to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, and to each radio or television station which has requested such notice in writing at least 24 hours before the time of the meeting. C. Only the business set forth in the notice may be considered at the meeting. (§ 54956; Ed. Code §§ 35144, 72129) 3. Emergency Meetings: a. The legislative body determines a work stoppage, crippling activity, or other activity severely impairs public health or safety. b. The legislative body determines a "dire" emergency exists, such as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses immediate and significant peril. C. The special meeting provisions apply to emergency meetings, except for the 24-hour notice. d. News media must be notified by telephone at least one hour in advance of an emergency meeting (except for "dire" emergencies), and all telephone numbers provided must be tried. If telephones are not working, the notice requirements are deemed waived, but the news media must be notified as soon as possible of the meeting and any action taken. e. Closed sessions are permitted during an emergency meeting under Section 54957 if agreed to by 2/3 vote of the members present (or all of the members if less than 2/3 present). f. The minutes of the meeting, a list of the persons notified or attempted to be notified, a copy of any roll call vote, and any action taken at the meeting must be posted in a public place for a minimum of ten days as soon after the meeting as possible. (§ 54956.5) © 2008 Burke, Williams & Sorensen, LLP -5- The Brown Act 4822-3809-1008 v5 B. Location of Meetings. Regular and special meetings of a legislative body must be held within the boundaries of the agency's jurisdiction except when: Complying with federal or state law or court order; 2. Inspecting real property or personal property that cannot be conveniently brought to the agency; 3. Participating in multi -agency meetings (provided the meeting takes place in a member agency's jurisdiction and is properly noticed); 4. Meeting in the closest meeting facility if the local agency has no meeting facility within its boundaries; 5. Meeting with elected or appointed federal or state officials when a local meeting would be impractical (solely to discuss local issues over which such officials have jurisdiction); 6. Meeting in or nearby a facility owned by the agency (provided the meeting is limited to items directly related to the facility); 7. Visiting the office of its legal counsel for a closed session on pending litigation when to do so would reduce legal costs. Joint powers agencies may meet within the territory of any member, or if members are located throughout the state, then they can meet anywhere in the state, provided such facility is open to all members of the public. (§ 54954(b)) Note: Retreats and workshops for agencies other than statewide JPAs must be held within the territory of the agency. Emergency meetings are subject to the same locational rules as regular and special meetings except that the presiding officer may move them to another location if it is unsafe to meet in the regular designated meeting location. C. Agenda Requirements. 1. General Rules: a. A written agenda must be prepared for each regular or adjourned regular meeting of the legislative body. b. The agenda must be posted at least 72 hours in advance of the meeting to which it relates. C, Each item of business to be transacted or discussed, including items to be discussed in closed session, must be the subject of a brief general description, which generally need not exceed 20 words. (§ 54954.2) © 2008 Burke, Williams & Sorensen, LLP -6- The Brown Act 4822-3809-1008 v5 Note: Agendas must be posted in areas that are freely accessible to the public at all times. Posting on a bulletin board inside the agency's office that is locked after business hours is not in compliance. 2. Non -Agenda Items: Action or discussion on any item not appearing on the posted agenda is generally prohibited except that members may briefly respond to statements made or questions posed by the public. a. Members may: b. ask a question for clarification; C. make a brief announcement; d. make a brief report on activities; e. provide a reference to staff or other sources for factual information; f. request staff to report back to the legislative body in a subsequent meeting; or g. direct staff to place a matter of business on a future agenda. (§ 54954.2) 3. Statutory exceptions to action on non -agenda items: A legislative body may take action on items of business not appearing on the agenda under the following conditions: a. Emergency: When a majority decides that an emergency situation exists (i.e., work stoppage, crippling disaster, etc.). b. Subsequent need urgency item: When 2/3 present (or all members if less than 2/3 are present) determine there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted. C. Hold over item: When the item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier. (§ 54954.2(b)) V. Rights Of The Public At Meetings A. Attendance. "All persons shall be permitted to attend..." (§ 54953) 1. Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise fulfill any condition precedent to attending. If an attendance list, register, questionnaire or similar document is circulated to persons present during the meeting, it must state that the signing, registering or completion of the document is voluntary. 2. No meeting or any other function can be held in a facility that prohibits attendance based on race, religious creed, color, national origin, ancestry or sex, or which is inaccessible to the disabled. © 2008 Burke, Williams & Sorensen, LLP -7- The Brown Act 4822-3809-1008 v5 3. No meeting may be held where the public must pay or make a purchase to attend. 4. Action by secret ballot, whether preliminary or final, is prohibited. (§ § 54953.2; 54953.3; 54961; and 54953(c)) B. Meetinq Records. 1. The public has the right to review agendas and other writings distributed to a majority of the legislative body (except for privileged documents). A fee or deposit may be charged for a copy of a public record. 2. Writings must be made available to the public: a. at the time of distribution to a majority of the legislative body meeting if prepared by the agency or a member of its legislative body, or b. after the meeting if prepared by some other person. 3. Any audio or video tape record of a public meeting made by or at the direction of the local agency is subject to inspection under the Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. 4. Any inspection of a video or audio tape recording is to be provided without charge on a video or tape player made available by the local agency. The agency may impose its ordinary charge for copies. 5. The public is allowed to use audio or video tape recorders or still or motion picture cameras at an open meeting, absent a reasonable finding by the legislative body that such recording, if continued, would persistently disrupt the proceedings due to noise, illumination or obstruction of view. (§§ 54957.5 and 54953.5) © 2008 Burke, Williams & Sorensen, LLP -8- The Brown Act 4822-3809-1008 v5 C. Participation. 1. A regular meeting agenda must allow an opportunity for members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. 2. The public must be allowed to speak on a specific item of business before or during the legislative body's consideration of it. 3. The legislative body may adopt reasonable regulations, including time limits, on public comments (e.g., 5 minutes/speaker). (§ 54954.3; see Chaffee v. San Francisco Public Library Commission (2005) 134 Cal.AppAth 109) D. Public Conduct. 1. The legislative body may remove any person from a meeting who willfully interrupts the proceedings. If order still cannot be restored, the meeting room may be cleared. 2. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. 3. Expressions of support or opposition to members before the agency (provided they are not overly disruptive) constitute protected speech. 4. The legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself. (§ 54954.3(c)) VI. CLOSED SESSIONS The exceptions to the Brown Act's requirement that all meetings be open are termed "closed sessions." Without specific authority in the Brown Act for a closed session, a matter must be discussed in public even if the subject is sensitive, embarrassing or controversial. A. Matters Appropriate For Closed Session. Personnel matters: A closed session may be used to: a. Appoint, employ, evaluate the performance of, discipline, or dismiss a public employee. b. Hear specific complaints or charges brought against a public employee unless the employee requests a public session upon 24 hours' advance written notice. (§ 54957(b). C. While a closed session is permissible for reviewing an employee's job performance and making threshold decisions about whether any salary increase should be granted, discussions concerning the amount of any salary increase should be held in public session. (San Diego Union v. City Council (1983) 146 Cal.App.3d 947 [two step process contemplated: © 2008 Burke, Williams & Sorensen, LLP -9- The Brown Act 4822-3809-1008 v5 (1) closed session for evaluation of performance or appointment; (2) open session for setting employee's salary]) Note: The personnel exception only applies to "employees." All action taken on persons other than employees (e.g., elected officials, members of the legislative body, or independent contractors not functioning as an officer or employee) must be taken in open session. 2. Pending litigation: A closed session is appropriate to discuss: a. Existing litigation. Note: The ability to meet in closed session for pending litigation only applies to litigation to which the local agency is a party. (Shapiro v. Board of Directors of the Centre City Development Corp. (2005) 134 Cal.AppAth 170.) b. Potential litigation to be initiated by the agency. C. Threatened or anticipated litigation against the agency, based on "existing facts and circumstances." Existing facts and circumstances include: 2. 3. facts and circumstances that the agency believes are not known to a potential plaintiff; the receipt by the agency of a claim pursuant to the Tort Claims Act or some other written communication threatening litigation; a statement made by a person in a public meeting threatening litigation on a specific matter within the responsibility of the legislative body; or 4. a statement made outside a public meeting so long as the official or employee of the agency receiving knowledge of the threat makes a record of the statement prior to the meeting, and the statement is available for public inspection. A legislative body may meet in closed session to decide if the above facts and circumstances are present and thus whether the closed session is authorized. (§ 54956.9) 3. Real estate negotiations: A closed session is appropriate for the legislative body to discuss with its real property negotiator the purchase, sale, exchange or lease of real property by or for the agency. a. May discuss the price and terms of the transaction. b. This exemption is very limited. Discussions regarding related policy matters such as design work, traffic and EIR considerations, etc., are beyond the scope of the exemption. (§ 54954(b)); see also Shapiro v. San Diego City Council (2002) 96 Cal.App. 4th 904) © 2008 Burke, Williams & Sorensen, LLP -10- The Brown Act 4822-3809-1008 v5 4. Labor negotiations: A closed session is appropriate: a. To discuss salaries, salary schedules, fringe benefits, funding priorities and other matters within the statutory scope of employee representation. b. Final action must be taken in open session. (§ 54957.6) 5. Grand Jury testimony. 6. License applications. 7. Security of public facilities and services: May discuss matters posing a threat to security of public buildings and facilities as well as essential public services, and threats to the public's right of access to public services or facilities. (§ 54957(a)) Note: These 2002 amendments to the Brown Act (AB 2645) are unclear as to the scope of the exceptions with respect to the planning for and implementation of security assessments. 8. Discussion of student matters: The Education Code authorizes closed sessions to consider the discipline of any student or to consider any action involving a student where disclosure of information would violate the privacy of students records protected from disclosure by state and federal law. (Ed. Code §§ 35146, 48918(c)) A parent may request that the discipline hearing be conducted in public session. Even so, the board must consider matters conflicting with privacy rights of students who are not subject to the discipline in closed session. The board may deliberate its decision to expel a student in closed session. However, if the board permits anyone else into closed session while it is deliberating, then the board must also permit the parent, pupil and their counsel into the closed session as well. (Ed. Code § 48918(c)) While a school board must take final action and announce the decision regarding discipline of a student in public session, the board must not disclose the identity of the student because such disclosure would be a violation of FERPA. (See Rim of the World Unified School Dist. v. Superior Court (2002) 104 Cal.AppAth 1393) 9. Discussion regarding conferral of honorary degrees and acceptance of anonymous gifts. B. Closed Session Agenda Requirements. The Brown Act provides a format for describing closed sessions, which if substantially followed, provide a "safe harbor" from any alleged notice violations of the Act. (§ 54954.5) Ex: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) C. Procedure For Adjourning To Closed Session. Prior to holding any closed session, the legislative body of the local agency must disclose, in an open meeting, the item or items to be discussed in the closed session. This announcement may be made at the location announced in the agenda for the closed © 2008 Burke, Williams & Sorensen, LLP -11- The Brown Act 4822-3809-1008 v5 session, as long as the public is allowed to be present at that location for the purpose of hearing the announcement. (§ 54957.7) Compliance Tip: For convenience, many agencies schedule closed sessions prior to commencement of the regular agenda and often hold such closed sessions in separate locations. Under § 54957, the public has the right to be present at such location and also has the right to address the legislative body regarding any agendized closed session items under § 54954.3 prior to the legislative body adjourning into closed session. D. Who May Be Present In Closed Session? Closed sessions should only include those members of the legislative body and support staff necessary to conduct business regarding the specific item (e.g., legal counsel, consultants, real estate or labor negotiators). (See Op.Cal.Atty.Gen. No. 03-604 (2003) E. Reporting After Closed Sessions. The legislative body must reconvene in open session to report any "action taken" in closed session. In general, only final action on a matter need be reported (e.g., an agreement to buy property, settlement of a lawsuit, acceptance of a resignation, etc.). Thus, for example, the dismissal or nonrenewal of an employment contract is not reported until the first public meeting following exhaustion of administrative remedies, if any. Once final approval occurs, the agency must disclose the action taken "upon inquiry by any person." 2. Copies of contracts, settlement agreements, or other documents finalized in closed session must be made available within 24 hours of the action, or, in the case of substantial amendments or retyping, when complete. (§ 54957.1) Compliance Tip: Although § 54957.1(a)(1) indicates that real estate agreements may be approved in closed session, as a practical and political matter, it is prudent to take final action on such agreements in open session so that the public may more fully participate in the deliberations. F. Improper Disclosure Of Closed Session Information. The disclosure of confidential information acquired in a closed session is prohibited unless the legislative body authorizes the disclosure of the information. "Confidential information" means communication made in closed session that is specifically related to the basis for the closed session meeting. Violations of this disclosure prohibition may be addressed by any legal remedy, including: injunctive relief to prevent future disclosures; disciplinary action (against employees); or referral to a grand jury (for violations by members of the legislative body). (§ 54963) Note: A joint powers agency may authorize in its agreement or bylaws the disclosure of confidential information by members of the agency's legislative body to their local agency legislative body in a closed session as well as to legal counsel of a member local agency. (§ 54956.96) VII. ADJOURNMENTS AND CONTINUANCES. © 2008 Burke, Williams & Sorensen, LLP -12- 4822-3809-1008 v5 The Brown Act A. Adjournments. The legislative body may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may adjourn such meetings and if all members are absent, the clerk or secretary of the legislative body may declare the meeting adjourned but written notice of the adjournment must be provided in the same manner as notice for special meetings. A copy of the order or notice of adjournment must be posted on or near the door of the place where the meeting was held within 24 hours of the adjournment. If the order of adjournment fails to state a specific hour for the next meeting, the meeting must be held at the hour designated for regular meetings. (§ 54955) B. Continuances. A duly noticed hearing may also be continued in the same manner as adjourned meetings. However, if the hearing is continued to a meeting that will occur in less than 24 hours, a copy of a notice of continuance must be posted immediately following the meeting at which the continuance was adopted. (§ 54955.1) VIII. REMEDIES AND PENALTIES FOR VIOLATIONS A. Criminal Penalties. A member of a legislative body may be charged with a misdemeanor where: 1, action is taken in violation of the Brown Act; and 2. the member intends to deprive the public of information to which it is entitled under the Act. (§ 54959) Note: If the challenged meeting involves only deliberation and no action is taken, there can be no misdemeanor penalty. Moreover, as with most criminal statutes, it is often difficult to prove criminal intent. As a result, criminal enforcement of the Brown Act is rare. B. Civil Action. The district attorney or any interested person can file a civil action asking the court to: Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body; 2. Determine the applicability of the Brown Act to actions or threatened future action of the legislative body; 3. Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law; or 4. Compel the legislative body to tape record its closed sessions. (§ 54960) C. Opportunity to Cure. 1. Before filing a court action, the aggrieved party must send a written "cure or correct' demand to the legislative body. 2. The demand must clearly describe the challenged action, the nature of the alleged violation, and the "cure" sought, and must be sent within 90 days of the © 2008 Burke, Williams & Sorensen, LLP -13- The Brown Act 4822-3809-1008 v5 alleged violation (or 30 days if the action was taken in open session but in violation of § 54952.2, which defines "meetings.") 3. The legislative body has up to 30 days to cure and correct its action. If it does not act, any legal action must be commenced within 15 days after (i) receipt of written notice from the legislative body of such non -action, or (ii) the expiration of the 30 -day cure period if the legislative body does not respond to the cure request. (§ 54960.1) D. Invalidation of Actions. 1. Invalidation is limited to actions in violation of the following sections: a. 54953 (the basic open meeting provision); b. 54954.2 and 54954.5 (notice and agenda requirements for regular meetings and closed sessions) (see also Ed. Code § 35145(b)); C. 54954.6 (tax hearings); and d. 54956 (special meetings). 2. Certain violations cannot be invalidated if they involve: a. substantial compliance; b. sale or issuance of notes, bonds or other indebtedness, or related contracts or agreements; C. a contractual obligation upon which a party has in good faith relied to its detriment; d. the collection of any tax; or e. the complaining party had actual notice at least 72 hours prior to the meeting at which the action is taken. (§ 54960.1(d)) Compliance Tip: If a legislative body cures or corrects the alleged violation, the action must be dismissed. Because a subsequent cure or correction cannot be introduced as evidence of a violation of the Brown Act, there is rarely a legitimate reason for a legislative body not to take any post -lawsuit steps to cure or correct an alleged violation if there is any question as to Brown Act compliance. (§ 54960.1(e) and (f)). C 2008 Burke, Williams & Sorensen, LLP -14- The Brown Act 4822-3809-1008 v5 E. Costs and Attorney Fees. If a court finds that a legislative body violated the Brown Act, the plaintiff may be awarded costs and attorney fees. The costs and fees are the liability of the agency and not its officers or employees. 2. A public agency may only get costs and fees if it wins and the court determines that the action was "clearly frivolous and totally lacking in merit." (§ 54960.5) IX. INCORPORATION OF THE AMERICANS WITH DISABILITIES ACT WITHIN THE BROWN ACT A. General ADA Requirements. The Americans with Disabilities Act ("ADA" )4 prohibits a governmental entity from discriminating against individuals with disabilities in the programs, services and activities it offers. Programs and activities are required to be readily accessible to and usable by disabled individuals.5 Therefore, public entities must make accommodations for disabled individuals to participate in the meetings unless doing so would be an undue burden or cause a fundamental alteration in the program or activity.s B. Brown Act Application. Physical facilities: All open meetings must meet the protections and prohibitions of Section 202 of the ADA and all of its implementing rules and regulations. (§ 54953.2) This means that in addition to the meeting room being accessible, the telephones and bathrooms must also be made accessible if phones and bathrooms are provided for non -disabled individuals.? It also means that the meeting rooms have wheelchair seating and assistive listening systems.8 Agenda and written materials: Agendas must include information regarding how, to whom and when a request for disability -related modification or accommodation may be made in order for a person with a disability to participate in the meeting. When requested by a person with a disability, the agenda and documents in the agenda packet must be made available in "appropriate alternative formats," and writings distributed at a public meeting must also be made available in "appropriate alternative formats," even when the materials are handed out by members of the public. (§§ 54954.2(a), 54954.1, 54957.5(b)) 3. Enforcement: For ADA complaints that cannot be resolved, the Department of Justice ("DOJ") is ultimately the enforcing agency.9 In addition to the DOJ, actions may be brought by private individuals who are not required to follow the complaint procedure prior to bringing a lawsuit.10 Possible remedies for violation of the ADA are the termination or suspension of federal funds, equitable relief and attorney's fees and litigation costs.'' 4 42 U.S.C. § 12101 et seq. 5 42 U.S.C. § 12132; 28 C.F.R. § 35.149. 6 ADA Compliance Guide, 1831. DOJ Technical Assistance Manual (Title II), Section 11-5.1000. 6 28 C.F.R. Sections 35.150, 35.151. 9 ADA Compliance Guide, ¶ 621. 1 Id_ 11 28 C.F.R. § 35.175. © 2008 Burke, Williams & Sorensen, LLP -15- The Brown Act 4822-3809-1008 v5 X. RECENT DEVELOPMENTS Wolfe v. City of Fremont (Oct 31, 2006) 144 Cal.App.4th 533 A city resident appealed dismissal of his suit alleging that private city council discussions violated the Brown Act. The Court of Appeal reversed in part, finding that the resident did state a claim against the city and City Council, but not against two city officials. The Court held that individual discussions between council members that become a serial meeting undertaken to reach a collective decision outside of public view violates the Brown Act, while similar discussions between a council member and another city official only violates the Act if the official is acting as an intermediary between council members. Noteworthy Quote: "If a collective concurrence results from direct communication among members of the legislative body, it does not matter whether the participants intended that result. The absence of an intent requirement is consistent with the purpose of the act, which is not merely to prevent conscious backroom deals but to ensure that collective deliberations, whatever their outcome, are conducted in public." Id. at 550. Holbrook v. City of Santa Monica (Nov 20, 2006) 144 Cal.App.4th 1242 City Council members appealed dismissal of their complaint that late -running City Council meetings violated the Brown Act. The Court of Appeal affirmed, finding that an attempt to cut off public meetings at a particular point at night actually runs counter to the intent of the Brown Act. Furthermore, the Court reaffirmed that the City Council members forfeited their standing to sue the City Council under the Brown Act upon joining the Council. Morrow v. Los Angeles Unified School Dist. (Apr 20, 2007) 149 Cal.App.4th 1424 A school principal appealed the dismissal of his action against a school district in regards to negative comments made by district officials that appeared in the press regarding the principal's handling of some campus disturbances. The principal contended that these comments amounted to a personnel performance evaluation, which officials were precluded from making except in a closed session. The Court of Appeal affirmed the dismissal, holding that such comments to the press about personnel issues did not violate Brown Act exceptions, and that to try to use the Brown Act to shield such publication runs counter to the intent of the Brown Act, which is to increase awareness about governmental affairs. Noteworthy Quote: "The statute's plain meaning, as bolstered by the Brown Act's overarching purpose and the requirement that the personnel exception be read narrowly, forecloses an interpretation that would equate the kind of generalized criticism Roemer made to the press with a formal "evaluation of performance" as contemplated under Government Code section 54957. Stated another way, as a federal district court pointed out, while the Brown Act "allows public employees to demand that a governing body air complaints about the employee in public, it does not grant the employees the right to force the conflict behind closed doors." Id. at 1439. © 2008 Burke, Williams & Sorensen, LLP -16- The Brown Act 4822-3809-1008 v5 Aquatics Coordinator City of Atascadero Community Services Organizational Chart Community Services Director Administrative Assistant Recreation Supervisor Recreation Recreation Coordinator I Coordinator I - Pavilion - Sports Pavilion Staff 11 11 P/T Staff Recreation Supervisor Colony Park Community Center Staff Parks & Recreation Commission Zoo Director Zoo Staff CITY OF ATASCADERO FACILITY POLICIES, PROCEDURES & FEES we STAFF OF THE DEPARTMENT OF COMMUNITY SER VICES Revised August 28, 2007 FACILITY POLICIES, PROCEDURES & FEES Table of Contents FACILITIES AVAILABLE FOR RENTAL....................................................................................................... 3 GENERAL CONDITIONS GOVERNING USE OF FACILITIES................................................................... 4 ABANDONED EQUIPMENT: .................................................................................................................. 6 ADMISSIONCHARGES: ......................................................................................................................... 5 ALCOHOLICBEVERAGES: ................................................................................................................... 6 AMPLIFIED MUSIC IN INDOOR FACILITY: ........................................................................................ 6 AMPLIFIED MUSIC IN OUTDOOR FACILITIES: ................................................................................. 7 AVAILABILITY OF FACILITIES: .......................................................................................................... 4 CAPACITY OF FACILITIES: ................................................................................................................... 5 CEREMONIAL OCCASIONS: ................................................................................................................. 5 CLEAN-UP: ............................................................................................................................................... 6 CONCESSIONS: ....................................................................................................................................... 5 DAMAGE: ................................................................................................................................................. 5 DANCES: ................................................................................................................................................... 6 DECORATIONS OR STAGE PROPS: ...................................................................................................... 6 DISPLAYING COMMERCIAL WRITTEN MATERIALS:.................................................................... 5 DISPLAYING NON-COMMERCIAL WRITTEN MATERIALS: ........................................................... 5 EQUIPMENTUSE: ................................................................................................................................... 6 GENERALPOLICY: ................................................................................................................................. 4 HOURS OF OPERATION: ........................................................................................................................ 4 PERMITS AND LICENSES: ..................................................................................................................... 6 PROHIBITED BEHAVIOR: ...................................................................................................................... 6 RIGHTOF FULL ACCESS: ...................................................................................................................... 4 RULESAND REGULATIONS: ................................................................................................................ 7 RULESOF ENFORCEMENT: .................................................................................................................. 4 SECURITYGUARDS: .............................................................................................................................. 5 SIGNAGE: ................................................................................................................................................. 5 SMOKING: ................................................................................................................................................ 6 STORAGE: ................................................................................................................................................ 5 SUPERVISION: ......................................................................................................................................... 4 FEE AND PERMIT PROCEDURES................................................................................................................... 7 FEES........................................................................................................................................................................ 9 CLASSIFICATION OF USERS: ............................................................................................................... 9 EXPLANATION OF BASIC FEES.....................................................................................................................10 ADDITIONALCHARGES: ..................................................................................................................... 10 INDOOR FACILITY MINIMUM CHARGE: .......................................................................................... 10 OUTDOORFACILITY MINIMUM CHARGE: ....................................................................................... 10 FACILITY FEE SCHEDULE..............................................................................................................................10 CITY HALL PUBLIC MEETING ROOM................................................................................................10 CITY HALL COUNCIL CHAMBERS.....................................................................................................10 COLONY PARK COMMUNITY CENTER.............................................................................................11 PAVILION ON THE LAKE...................................................................................................................132 RANGERHOUSE..................................................................................................................................143 CHARLES PADDOCK ZOO....................................................................................................................13 OUTDOOR FACILITIES.......................................................................................................................134 SOFTBALL TOURNAMENT GUIDELINES..................................................................................................144 TOURNAMENT APPLICATION PROCESS: ....................................................................................... 144 ALCOHOLIC BEVERAGE POLICY................................................................................................................15 FOOD SERVICE POLICY..................................................................................................................................15 IUEll Is] 11,W]9ocy/110WTAOWNtW.T1191o11111.1x. G9 ALCOHOLIC BEVERAGE SALES: ........................................................................................................ 17 APPROVAL PROCESS: ............................................................ BUSINESS LICENSE: ................................................................ CITY OF ATASCADERO REQUIREMENTS :......................... ..........................................................16 CLEAN-UP/TRASH DISPOSAL: ......................................................................................................... DECORATIONS: .................................................................................................................................. EMERGENCYSERVICES: .................................................................................................................. EQUIPMENTSTORAGE: .................................................................................................................... EVENTSECURITY: ............................................................................................................................. FEESAND CHARGES: ........................................................................................................................ FIRE DEPARTMENT PERMIT INSPECTION FEES: ......................................................................... FOODSALES: ....................................................................................................................................... LIABILITY INSURANCE: ................................................................................................................... ON-SITE STAFF SUPERVISION: ........................................................................................................ PARKING: ............................................................................................................................................. PLOT PLAN/FACILITY DIAGRAM:.................................................................................................. PORTABLE SANITATION UNITS: ..................................................................................................... SALESTAX: ......................................................................................................................................... SIGNAGE:............................................................................................................................................. STATE AND COUNTY REQUIREMENTS AND PERMITS: ............................................................. STREETCLOSURE: ............................................................................................................................. 2 17 17 18 18 19 19 18 19 19 17 17 19 19 17 18 17 18 17 19 FACILITIES AVAILABLE FOR RENTAL CITY HALL PUBLIC MEETING ROOM: Available for rental from 8am-5pm Monday — Friday only. Seats 57 people with meeting room tables. Access to public restrooms. CITY HALL COUNCIL CHAMBERS: Available for rental from 8am-5pm Monday — Friday only. Seats 299 people assembly. Access to public restrooms. ANZA ESTATES EQUESTRIAN ARENA: Available for private rental only. No facilities. ATASCADERO LAKE PARK: BARBECUE AREA #1: Barbecue pit with seating for approximately 150 people. Electricity and lights available. BARBECUE AREA #2: Barbecue pit with seating for approximately 150 people. Electricity and lights available. BARBECUE AREA #3: Barbecue pit with seating for approximately 50 people. Electricity available. No lights. BANDSTAND: Covered patio area suitable for outdoor concerts. Electricity and lights available. GAZEBO: An area suitable for outdoor wedding ceremonies. Chairs available for rent. RANGER HOUSE/MEETING ROOM: A house setting with a conference room. Kitchen and bathroom available. Maximum capacity 20 people. 500 Sq Ft. PAVILION: 10,000 Sq. Ft. facility, suitable for receptions, dances, meetings, and special events. Kitchen facility and several various sized meeting rooms available. (See page 12 for room capacities) ALVORD FIELD: Adult -sized baseball field with field lights, bleachers, and restrooms. PALOMA CREEKPARK: SOFTBALL FIELDS #1 AND #2: Two adult -sized softball fields with field lighting, bleachers, and restrooms. SPORTS OPEN FIELDS: Two large multi-purpose open space fields suitable for sports activities or special events. BASEBALL FIELD: Fenced youth -sized baseball field with bleachers. EQUESTRIAN ARENA: Multi-purpose equestrian arena available for daily use and special events. Arena lighting and announcer's booth are available. BBQ AT EQUESTRIAN ARENA: BBQ area with 3 tables to accommodate 25 people BBQ AT PALOMA: Shaded patio with barbecue pit and 8 picnic tables to accommodate approximately 60 people. COLONY PARK: SOFTBALL FIELDS #1 AND #2: Two youth -sized softball fields. No field lighting. Bleachers and restrooms are available. Retrieval of balls over the outfield fence is not allowed. SUNKEN GARDENS PARK: Large multi-purpose grass area adjacent to City Administration Building, suitable for special events. No BBQ facility or restrooms available. PA VILION: GREATROOM: Lakeview room with a maximum capacity of 300 banquet, 250 reception, 400 assembly/theatre. ROTARY ROOM: Lakeview room with a maximum capacity of 200 banquet, 150 reception, and 250 assembly/theatre. GRONSTRAND ROOM: Lakeview room accommodates a maximum of 75 banquet, 100 assembly/theatre. COMMUNITY ROOM: Meeting room accommodates a maximum of 40 people classroom style or 70 assembly/theatre. KITCHEN: A complete commercial kitchen. No dishes or utensils supplied. GENERAL CONDITIONS GOVERNING USE OF FACILITIES The following conditions shall govern the use of facilities, which are administered by the Department of Community Services. AVAILABILITY OF FACILITIES: When use of facilities does not conflict with the City's operations, programs, activities, or maintenance schedule, they shall be available for use by individuals or groups. Reservations will be granted at the discretion of the Director on a first-come, first-served basis for no more than one year in advance. Applications for use of public facilities will be approved based on availability, without discrimination or regard to the applicant's viewpoint or subject matter, including religious or political viewpoints or subject matter. In the case of conflicting usage, facility authorization is at the discretion of the Director, or his designee. GENERAL POLICY: It is the objective of the Department that facilities are primarily used by groups and individuals for community recreation activities regardless of race, color, creed, national origin, religion, sex, economic status, or area of residence of said group and/or individual. RULES OF ENFORCEMENT: The Director or designee shall enforce, or cause to have enforced, the provisions herein; and shall have the authority to deny use of any facility to an individual or group who refuses to comply with the rules and regulations. RIGHT OF FULL ACCESS: The Department has the right of full access to activities at all times to ascertain compliance with rules, regulations, city and state laws. HOURS OF OPERATION: Dawn to Dusk: Outdoor facilities without lighting 6:00 a.m. to 10:00 p.m.: Outdoor facilities with lighting 6:00 a.m. to 12:00 midnight: Indoor facilities (excluding City Hall meeting room) The above are the standard hours of operation, unless extended by authorization of the Director, or designee. SUPERVISION: A City of Atascadero employee shall be in attendance at any facility whenever it is deemed necessary by the Director or designee. Said Department employee will determine if all rules, regulations, and laws governing use of the facilities are being complied with. However, primary responsibilities for conformance with said rules, regulations, and laws rest with the permittee. 4 SECURITY GUARDS: Security guards are required at all City facilities where alcoholic beverages are served and at other events where the Director or designee deems appropriate. One security guard per hundred people or thereof shall be present for the full length of the event, unless amended by the Director or designee. Security guard(s) are required to remain on site until all guests and renters have left the premises. The expense for said security guard(s) shall be assumed by the permittee. CEREMONIAL OCCASIONS: There shall be NO use of City facilities that will unconstitutionally discourage any religious sect, church, or sectarian denomination. Performances, activities, services and presentations conducted or given at facilities shall not unconstitutionally promote, support, or discourage particular religious or philosophical beliefs. CAPACITY OF FACILITIES: Permittee shall not admit a greater number of persons than the maximum capacity posted or documented on the facility confirmation. CONCESSIONS: The Department reserves all concession rights. Programs, records, tapes, books, and related items may be sold in conjunction with an event if they relate to a performance or meeting if prior written approval has been received. Arrangements must be made in advance, and may be subject to a payment of a percentage of the gross receipts, which will be determined by the Director or designee. ADMISSION CHARGES: Unless specifically stated and approved in the permit, it is understood that activities or events will not be benefit affairs, that no admission will be charged, that no tickets will be sold, and that no collection or donation will be made. DISPLAYING COMMERCIAL WRITTEN MATERIALS (SIGNS, POSTERS, ETC): No written commercial or advertising materials or signs shall be placed in, on, or distributed about parks/facilities. DISPLAYING NON-COMMERCIAL WRITTEN MATERIALS (PAMPHLETS, POSTERS, ETC.): Non-commercial written material shall not be affixed to any park structure. Such material is allowed only in conjunction with a permitted event. It shall not be displayed or offered in a manner to cause damage to the park structures, flora, or facilities; nor shall the material create a litter, safety, or access problem. The distributor of material shall be responsible for cleaning up any litter caused by the display or distribution of this material. SIGNAGE: Posting of signage related to advertising any event on City -owned property must be authorized by the Director or designee. If advertising signage is approved, signs can only be placed at the facility where the event is to be held. No signage is allowed to be posted on streets, utility poles, traffic signs, or other traffic control devices. Signs can only be posted a maximum of 20 days prior to the event, and are required to be removed immediately after the event. Signs shall be reviewed and approved by the Department of Community Services staff for professional quality. Sign maximum size is 20 square feet. Directional and safety signage is allowed at the event site only. Refer to the City's Sign Ordinance for further details. Hyl 1111 ty.X" X No receipt, handling, care, or custody of property of any kind shipped, or otherwise delivered to any facility, either prior to, during, or subsequent to the use of facilities by any permittee is allowed, unless authorized by the Director or his designee. The City or its officers, agents, or employees shall not be liable for any loss, damage, or injury of such property. DAMAGE: Permittee will be responsible for all damage to facility, and shall be responsible for reimbursement to the City for any loss or damage to City property caused by such use. CLEAN-UP: Permittee is responsible for leaving the facility in a clean and orderly condition. A portion or all of the security deposit may be withheld if the facility is not left clean and without damage to furnishings. At specific facilities, a cleaning fee may be charged at the director's discretion. EQUIPMENT USE: Special requests for equipment should be noted on the permit application. At specific facilities, an equipment rental fee may be charged. DANCES: Dances will be allowed at the discretion of the Director. Persons under 21 will not be permitted at dances serving alcoholic beverages. Dances for minors require chaperones over 21 years of chaperone to 25 minors, unless amended by the Director Director. DECORATIONS OR STAGE PROPS: age to be present during the entire event at a ratio of 1 Security guards may be required at the discretion of the Existing facility decorations may not be removed without the prior approval of the Director or designee. When decorating, DO NOT fasten any decorations to light fixtures. Scotch tape, masking tape, hold -it, thumb tacks, staples, etc., are not allowed. Decorations belonging to the permittee must be disposed of immediately after the event. Any decorations left may be discarded by the Department, and the removal effort could affect the amount of the security deposit refunded. Exit doors, exit lights, fire alarm sending stations, wet standpipe hose cabinets, and fire extinguishers shall not be concealed or obstructed by any decorative material or props. Use of candles or fuel lamps is prohibited at all indoor facilities except the Pavilion, if Fire Department requirements are met. Any special effects, including curtains, hangings, or props shall be made of non-flammable material and approved by the Fire Marshall. PROHIBITED BEHAVIOR: Illegal and immoral activities, the use of obscene language, gestures or behavior shall not be permitted at any time. SMOKING: City Ordinance #235 prohibits smoking in all City -owned indoor facilities. Smoking is prohibited within 20 feet of any public entrance. ALCOHOLIC BEVERAGES: Alcoholic beverages are allowed in City parks and facilities unless specifically designated. Authorization to sell alcoholic beverages at all City facilities may be requested in coordination with a facility request application for a special event. Authorization for such permit will be at the discretion of the Director or his designee. If alcoholic beverages are for sale, a permit from the State of California, Alcohol Beverage Control, will be required. Proof of liability insurance in the amount of $1 million dollars is also required for the sale of alcoholic beverages, naming the City as an additional insured. No one under the age of 21 is allowed to consume alcoholic beverages. ABANDONED EQUIPMENT: Any equipment, effects, or decorations of the permittee remaining on the premises after the expiration of the permit will be deemed abandoned and disposed of by the Department. PERMITS AND LICENSES: The permittee has the responsibility to obtain any additional permits and/or licenses required by City ordinances or State laws, and shall furnish evidence of having obtained same to the Department of Community Services. AMPLIFIED MUSIC IN INDOOR FACILITY: Amplified music is allowed in certain City facilities, upon the approval of the Director or designee. Amplified music is allowed in indoor facilities from 8:00 a.m. to 12:00 a.m., unless extended by the Director or designee. 31 AMPLIFIED MUSIC AT OUTDOOR FACILITIES: Amplified music is not allowed at outside facilities, unless authorized specifically by the Director or designee, or unless the request meets one of the following criteria: 1. The amplified music is conducted during an approved Major Special Event. All provisions of the Major Special Event policies must be met. 2. The amplified music is conducted at the Atascadero Lake Park Gazebo on Fridays, Saturdays, Sundays from noon until 8:00 p.m. 3. The amplified music is associated with the annual City -sponsored Concerts in the Park Series. 4. The permit holder is required to immediately comply with requests by City staff to reduce the music volume. Failure to comply, will result in denial of future requests for amplified music by the permit holder. RULES AND REGULATIONS: In order that activities at City facilities can best be enjoyed by everyone, basic rules of good conduct must be observed. These include, but are not limited to, the following: 1. All City ordinances must be observed. 2. Gambling, the use of obscene language, dangerous conduct, unusually loud amplified music, or any other activity that creates a disturbance will not be permitted. 3. The sale of alcoholic beverages without the proper permits is prohibited. 4. No equipment or furnishings shall be removed from a facility without Director approval. 5. Animals are not allowed in City buildings, except for handicap assistance purposes, unless Director approval has been given. 6. Flea Markets and rummage sales are not permitted on City property except for City sponsored events. Failure to comply with the rules and regulations may result in termination of a facility use permit. FEE AND PERMIT PROCEDURES 1. A Facility Use Permit is required for all groups or individuals reserving City facilities. 2. All use permit requests for usage of City facilities shall be authorized by the Director of Community Services or designee, and subject to the availability of the facility. Application forms are available at the City Hall, 6907 El Camino Real or online at www.atascadero.org. 3. A written application is required by applicant, and payment submitted before a reservation date can be considered. 4. Facility confirmations are to be present at the function for which the application was applied. In the case of a group or organization, it is recommended that one spokesperson be designated, and all arrangements made through this representative. 5. Reservations shall be made in the order of receipt of application by the Department and subject to the availability of the facility. All required fees must be paid prior to the facility being utilized. Specific date reservations can be submitted a maximum of one (1) calendar year in advance from date of application. Continuing multiple -date reservations can be submitted for a maximum time period of one (1) calendar year in advance from date of application. Recognized non-profit organizations (see Classification of Users Section) continuing multiple -date reservations are to be submitted for a maximum time period of one (1) calendar year in advance. 6. A non-refundable reservation deposit is required on certain City facilities and is due at the time of permit application submittal. This deposit will be applied towards the facility usage fee if the application is approved. If an application is not accepted, the reservation deposit will be refunded to applicant in full. If event is cancelled by applicant, the reservation deposit will not be refunded. 7. A security deposit may be required at certain facilities and must be paid in full 20 business days prior to the facility being confirmed. This fee shall be refunded only if the facility is left clean and without damage to the building or its furnishings. The City reserves the right to retain all or part of the security deposit if facility is left unclean or damaged. If event runs over the agreed-upon time, fees will be deducted from the security deposit. 8. All facility use rental fees are due a minimum of twenty (20) business days prior to the event date. If all rental fees are not paid within this time period, the facility application may be canceled and the reservation deposit (if applicable) will be retained in whole by the City. 9. All other permits, insurance certificates, licenses, etc., required in relation to a facility use permit are to be submitted a minimum of twenty (20) business days prior to the event date. 10. Rental time period must include decorating and cleanup time. Rental time is adjusted to the next full half hour. The facility must be vacated promptly at the time specified on the permit. 11. When applicable, persons utilizing City facilities are to receive necessary City keys from the Department of Community Services immediately prior to the scheduled facility use. All keys must be returned to the Department by the first business day after the rental. A key deposit of $50.00 may be charged. 12. At certain events, City staff may be assigned to assist at a rate of $15 per hour. This fee must be paid prior to the event date. 13. Permits granted on a continuing basis are valid for a maximum period of twelve (12) months. 14. Fees for indoor facilities will be based on a one-hour minimum rental time frame. Fees for the Pavilion will be based on a four-hour minimum on Friday, Saturday and Sunday. 15. A permit will not be issued under the following conditions: Insufficient Notice: When Department personnel cannot be scheduled, facilities prepared, or other conditions relating to such use cannot be completed in the time between the date of the request and the date of the proposed event. For Hazardous Activities: When permittee has mistreated a facility or violated facility use policies during a previous occupancy. When Event Publicized Prior to Approval: When an event has been publicized prior to receiving approval for facility use and the facility is not available. 16. CANCELLATION OF PERMIT: BY PERMITTEE: To cancel a reservation or change the date of a facility usage permit, the permittee must give a minimum of twenty (20) business days written notice for all indoor facility reservations and the Sunken Gardens Park. A reservation deposit (if applicable) may be transferred, but is not refundable if permittee cancels. To change the time of an event, a minimum of 7 days notice is required. In the case of inclement weather for outdoor facility reservations, the applicant may request a full refund of usage fees or reschedule the reservation date. BY THE CITY: A permit may be canceled for any of the following conditions: A. If the permit is found to contain false or misleading information. B. If the use or proposed use will be detrimental to the health, safety or general welfare of the City, or to the efficient operation of the facility for the public welfare. C. If any individual, group, member or guest willfully, or through gross negligence, mistreats the equipment/facility, or violates any of the rules, policies, regulations, terms and conditions established for use of the facility. D. Failure to make rental fee payments within the minimum time provided. E. If permittee defaults on, or has not completed, all conditions and requirements for use of a facility. F. If the facility is needed for public necessity or emergency use. G. If required permits and/or licenses are not obtained. FEES CLASSIFICATION OF USERS: Facility users are classified by group type. The classification of users is for the purpose of determining fees and charges for facility rental. When a facility use application is approved, an hourly or set fee shall be charged in accordance with the user's classification. CLASSIFICATION A (Non-Profit/Government Rate): This class encompasses incorporated non-profit/governmental organizations recognized for fee discounts by the City. Groups in this class, whose activities are not for profit, provide a community service for the residents of the City of Atascadero. Organizations must have a minimum of 51 percent Atascadero residents as members. (This requirement may be waived if the organization is providing a public service to Atascadero residents). This class is intended for the normal activities of non-profit service clubs and similar organizations. Reservations and security deposits will be charged, if applicable. All non-profit 501 (c) (3) organizations will be charged the same fee for leasing or usage of public facilities, irrespective of the applicant's viewpoint or subject matter, including religious or political viewpoints or subject matter. CLASSIFICATION B (Private/Commercial/Resident): This class includes private parties for individuals or families who reside within the boundaries of Atascadero City limits. This class includes commercial and private groups whose activities are for financial gain, or groups conducting religious, political or union meetings. Reservations and security deposits will be charged, if applicable. CLASSIFICATION C (Private/Commercial/Non-Resident): This class includes private parties for individuals or families who reside outside the boundaries of the Atascadero City limits. This class includes commercial and private groups, whose activities are for financial gain, or groups conducting religious, political or union meetings. This class may also include non-profit groups with less than 51% Atascadero residents. Reservations and security deposits will be charged, if applicable. Field rental fees will be at full rate for ALL user groups, regardless of classification. CO-SPONSORED CLASS: Class "A" criteria must be met. Co-sponsored status is extended to groups providing a service with a formal partnership with the City of Atascadero. Co-sponsorship status does not require that normal staffing patterns be maintained. The organization or activity must be organized with the expressed purpose of conducting non-profit programs/services for residents. A copy of the group's bylaws and financial records may be required. FFF, WAIVERS Any group or individual conducting events may qualify for a fee waiver. In order to qualify, the event must meet one of the following three criteria; 1) Proceeds from the event go to a charitable organization with a demonstrated record of direct service to the Atascadero community. 2) The event directly benefits City of Atascadero facilities, programs or services. 3) The event is conducted by a group in Classification A and is determined by the City Council or their Designee to be for the greater good of the residents of Atascadero. Any group applying for a fee waiver must submit a written request, at least three weeks prior to the event, stating the justification for the waiver. All fee waivers are granted at the discretion of the Director of Community Services. EXPLANATION OF BASIC FEES Fees have been established considering that only the basic facility is to be furnished. This includes: 1. Normal utilities 2. Normal maintenance 3. Standard table and chair set-up 4. General supervision 5. Sound set-up with microphone (Pavilion only) ADDITIONAL CHARGES: Charges may be assessed over the standard fee schedule for additional set-up, supervision or technical support provided by the Department. INDOOR FACILITY MINIMUM CHARGE: Fees for indoor facility reservations are based on an hourly rate. There is a minimum of two (2) hours rental fee for the Pavilion Gronstrand and Rotary Rooms. All other meeting rooms may be reserved for a one (1) hour minimum rental fee. There is a Four (4) hour minimum on Friday and Sunday at the Pavilion. Non-profit groups must reserve the Pavilion for a minimum of twelve (12) hours on Saturdays. Private group rentals on Saturdays are a flat fee for the entire day. OUTDOOR FACILITY MINIMUM CHARGE: Usage fees are charged for reserving various City outdoor facilities. Fee rates do not include equipment unless specifically stated. No facility usage fee is charged to City -sponsored softball teams for reserving City softball fields for softball practice. FACILITY FEE SCHEDULE CITY HALL FACILITY GROUP FEE CITY HALL PUBLIC A (Non Profit) $20.00/Hr MEETING ROOM B (Private/Resident) $30.00/Hr Capacity C (Private/ Non -Resident $40.00/Hr 57 Meeting Room CITY HALL COUNCIL A (Non Profit) $60.00/Hr CHAMBERS B (Private/Resident) $120.00/Hr Capacity C (Private/Non-Resident) $135.00/Hr 299 Assembly SECURITY DEPOSIT D (All Users) $300.00 CITY HALL COUNCIL CHAMBERS EQUIPMENT RENTAL FEES THESE FEES APPLY TO ALL USER GROUPS EQUIPMENT FEE EQUIPMENT FEE Projector and Screen $35.00/day Sound System $25.00/day Table and Chair Set-up $35.00/day 10 COLONY PARK COMMUNITY CENTER FACILITY GROUP FEE DANCE ROOM A (Non -Profit) $30/Hr (Weekday) Capacity $45/Hr (Evening/Sat/Sun) B (Private/Resident) $35/Hr (Weekday) 25 $50/Hr (Evening/Sat/Sun) C (Private/Non-Resident) $40/Hr (Weekday) $55Hr (Evening/Sat/Sun) EXERCISE ROOM A (Non -Profit) $30/Hr (Weekday) Capacity $45/Hr Evenin /Sat/Sun B (Private/Resident) $35/Hr (Weekday) 25 $50/Hr (Evening/Sat/Sun) C (Private/Resident) $40/Hr (Weekday) $55/Hr (Evening/Sat/Sun) FITNESS* (Dance and Exercise A (Non -Profit) $60/Hr (Weekday) Rooms Combined) $75/Hr (Evening/Sat/Sun) B (Private/Resident) $65/Hr (Weekday) Capacity 50 $80/Hr (Evening/Sat/Sun) C (Private/Non-Resident) $70/Hr (Weekday) $85/Hr (Evening/Sat/Sun) CONFERENCE ROOM A (Non -Profit) $25/Hr (Weekday) Capacity $40/Hr (Evening/Sat/Sun) B (Private/Resident) $30/Hr (Weekday) 50 $45/14r (Evening/Sat/Sun) C (Private/Non-Resident) $35/Hr (Weekday) $50/Hr (Evening/Sat/Sun) GYMNASIUM A (Non -Profit) $55/Hr (Weekday) Capacity $70/Hr (Evening/Sat/Sun) B (Private/Resident) $60/Hr (Weekday) 400 Sport 600 Banquet $75/Hr (Evening/Sat/Sun) C (Private/Non-Resident) $65/Hr (Weekday) $80/Hr (Evening/Sat/Sun) TEEN CENTER A (Non -Profit) $65/Hr (Weekday) Capacity $80/Hr (Evening/Sat/Sun) B (Private/Resident) $70/Hr (Weekday) 100 $85/Hr (Evening/Sat/Sun) C (Private/Non-Resident) $75/Hr (Weekday) $90/Hr (Evening/Sat/Sun) ARTS AND CRAFTS ROOM A (Non -Profit) $30/Hr (Weekday) Capacity $45/Hr (Evening/Sat/Sun) B (Private/Resident) $35/Hr (Weekday) 39 $50/Hr (Evening/Sat/Sun) C (Private/Non-Resident) $40/Hr (Weekday) $55/Hr (Evening/Sat/Sun) RESERVATION DEPOSIT All users 50% of total estimated due Non -Refundable SECURITY DEPOSIT All users $250 Re uired or all special events CLEANING All users $250 Re uired or all special events EQUIPMENT FEE EQUIPMENT FEE Projector and Screen $35.00/day Sound System $25.00/day Table and Chair Set-up $35.00/day 11 PAVILION ON THE LAKE FACILITY GROUP FEE ROTARY ROOM 4 -hr minimum (Fri & Sun) 12 or 15hr minimum (Saturday only) A (Non -Profit) $30/Hr B (Private/Resident) $35/Hr (Weekdays) $50/Hr (Evenings & Sundays) C (Private/Non-Resident) $40/Hr (Weekdays) $60/Hr (Evenings & Sundays) GRONSTRAND ROOM 4 -hr minimum (Fri & Sun) 12 -hr minimum (Saturday only) A (Non -Profit) $25/Hr B (Private/Resident) $30/Hr (Weekdays) $40/Hr (Evenings & Sundays C (Private/Non-Resident) $35/Hr (Weekdays) $45/Hr (Evenings & Sundays) COMMUNITY ROOM 4 -hr minimum (Fri & Sun) 12 -hr minimum (Saturday only) A (Non -Profit) $25/Hr B (Private/Resident) C (Private/Non-Resident) $25/Hr (Weekdays) $30/Hr (Evenings & Sundays) KITCHEN A (Non -Profit) $30/Hr B (Private/Resident) $40/Hr (Weekdays) $50/Hr (Evenings & Sundays) C (Private/Non-Resident) $45/Hr (Weekdays) $55/Hr (Evenings & Sundays) GREAT ROOM A (Non -Profit) $55/Hr B (Private/Resident) $65/Hr (Weekdays) $90/Hr (Evenings & Sundays) C (Private/Non-Resident) $75/Hr (Weekdays) $105/Hr (Evenings & Sundays) LAKESIDE ROOM All users $25/Hr CLEANING FEE All users $150.00 SATURDAY FULL-DAY RATE AT THE PAVILION FULL-DAY RATE FEE SATURDAYS ONLY Includes entire building B (Private/Resident $2000.00 9:00 a.m. to midnight C (Private/Non-Resident) $2500.00 CLEANING All users $150.00 SECURITY DEPOSIT All users $250.00 PAVILION EQUIPMENT RENTAL FEES THESE FEES APPLY TO ALL USER GROUPS EQUIPMENT FEE EQUIPMENT FEE Coffee Pots (3) 60 -cup $10.00/ea Podium $20.00/day 5 Disc CD Player $30.00/day Stage (4'x8' pieces, 6 avail.) $10.00/ea Overhead Projector $25.00/day Wireless Internet use $25.00/day Cordless Microphones (2) $20.00/ea TV/VCR/DVD (27") $35.00/day Portable Sound System $100.00/day 12"x12" Mirrors $2.00/ea 6' portable screen $15.00/day Glass Candle Holders (26) $1.00/ea 10' electronic screen $25.00/day Topiary Trees (4) $20.00/ea White Lattice Screens (2) $50.00 ea GAZEBO TABLE & CHAIR SET-UP FEE Table & Chairs $1.50 per person + $35 set up fee 12 RANGER HOUSE RANGER HOUSE A (Non Profit) $20.00/Hr Capacity A (Non -Profit) $150/Day 20 Dining/Conference B (Private) $4.25 1 hr min reservation A (Non -Profit) $50/Day RANGER HOUSE B (Private) $25.00/Hr Capacity A (Non -Profit) $30/Day 20 Dining/Conference B (Private) $50/Day (1 hr min reservation) ATASCADERO LAKE PARK Hours of Operation - 6:00 am to 10:00 pm FACILITY GROUP FEE GAZEBO includes grass A (Non -Profit) $150/Day area in front of Gazebo B (Private) $4.25 BANDSTAND A (Non -Profit) $50/Day B (Private $75/Da BBQ AREAS 1, 2, or 3 Cap: A (Non -Profit) $30/Day 150 people for I & 2 B (Private) $50/Day 50 people for 3 MAJOR SPECIAL EVENT A (Non -Profit) $500/Day Includes all open grass areas, B (Private) $750/Day** BBQ areas, Bandstand MAJOR SPECIAL EVENT A (Non Profit) $250.00* Security Deposit B Private MAJOR SPECIAL EVENT A (Non Profit) $50.00 Reservation Deposit B (Private) * The City reserves the right to increase the amount of security deposit for major special events with expected attendance over 1,000. ** Events requiring paid admission (i.e., commercial event fundraisers) are subject to a basic rate, or 10% of gross ticket sales, whichever is greater. CHARLES PADDOCK ZOO: ENTRANCE FEE: STROLLER RENTALS: Single $3.00 Jeep and Dolphins $4.00 Ages 2 & Under Free Ages 3 to 11 $4.00 Ages 12 to 64 $5.00 Ages 65 & Over $4.25 13 OUTDOOR FACILITIES FACILITY GROUP FEE SUNKEN GARDENS PARK A (Non -Profit) $100/Day B (Private party) $200/Da ALVORD FIELD: BASEBALL FIELD All Users $20/Hr LIGHTS All Users $15/Hr ANZA EQUESTRIANARENA: PRIVATE RENTAL ONLY No Facilites All Users $100/Day COLONY PARK: SOFTBALL FIELDS #1 & #2 All Users $20/Hr FIELD BASE RENTAL (Optional) Key Deposit All Users $50 $50 PALOMA CREEK PARK: SOFTBALL FIELDS #1 & #2 2 Fields & BBQ Facility Deposit All Users $20/Hr $500/Day $100 LIGHTS All Users $15/Hr FIELD BASE/SOCCER GOAL RENTAL Key Deposit Base Deposit (per field) All Users $50 $50 $200 OPEN FIELDS 2 Fields & BBQ Facility Deposit All Users $20/Hr $500/Hr $100 YOUTH BASEBALL FIELD $15/Hr BARBECUE AREA Approximate Capacity: 60 people 6 a.m. to 10 p.m. reservations All Users $40/Day PALOMA EQUESTRIANARENA: SPECIAL EVENTS All Users $100/Day SECURITY DEPOSIT All Users $200 INSURANCE All Users $1 MILLION ARENA PREPARATION (Optional) All Users $40 STADIUM PARK SPECIAL EVENTS (> 150 people) A (Non -Profit) $750/Day B (Private party) $1500/Da SPECIAL EVENTS (< 150 people) A (Non -Profit) $200/Day B (Private party) $500/Da NO FEE/MEMBERSHIP FOR NON -SPECIAL EVENT USAGE SOFTBALL TOURNAMENT GUIDELINES The Atascadero Department of Community Services encourages organized sports tournaments for youth and adults, utilizing City recreational facilities. The following guidelines include application procedures, general information and fees. TOURNAMENT APPLICATION PROCESS: Submittal of tournament application form, approval of proposed tournament dates, location, fields used, and payment of application fees. FEES SER VICES / OPTIONS $50 / site Reservation Fee (will be applied to the Field Use Fee) Field Use Fee (mandatory) 14 $20.00 / Hr per field OR $500.00 / Day for 2 fields and the BBQ Area $750.00 / 2 Days for 2 fields and the BBQ Area $100.00 / site Security deposit, (refundable, submitted one week prior to the tournament) $50.00 Food Concession Fee (optional) $15.00 / Hr Field Lights (optional, Paloma Creek Park & Alvord Field only) $15.00 / Hr Recreation Leader to supervise facility (May be assigned at the discretion of the Director of Community Services) $50.00/site Lost key / lock replacement fee (if facility key is not returned) $25.00 / Hr City Staff clean-up time (charged to Tournament Director if required) $50.00 Field preparation fee $50.00 /field Base Rental $200.00/field Base security deposit 2. Sponsor to meet with Adult Sports Recreation Coordinator no later than one (1) week prior to tournament to review event schedule, services requested, and options desired. Fees for the services and options are listed below: Managers are responsible for their dumpster fees. ALCOHOLIC BEVERAGE POLICY Individuals or organizations may request permission to sell alcoholic beverages in conjunction with the use of City facilities (except the City Administration Building). Permittee shall follow the procedures hereinafter set forth. It shall be the full responsibility of the individual or organization to contact the Department of Alcoholic Beverages to determine the exact requirements pertinent to the type of use. 1. Groups or individuals wishing to sell alcoholic beverages must submit an application for permit to use City facilities a minimum of twenty (20) business days prior to the event. Applications may be obtained at the City of Atascadero, Department of Community Services, 6907 El Camino Real, Atascadero. 2. The Director of Community Services or his designee approves or disapproves all requests for the sale of alcoholic beverages at City facilities. 3. If approved, a letter from the Department of Community Services will be prepared authorizing the event, and presented to the permittee for submittal to the Department of Alcoholic Beverages, located at 3220 Higuera, San Luis Obispo. 4. A copy of the Department of Alcoholic Beverages sales permit must be presented to the Department of Community Services a minimum of ten (10) business days prior to confirmation for use of the facility. 5. A copy of liability insurance in the amount of $1 million dollars, listing the City as additional insured, for the date(s) of the event, is required prior to confirmation for the use of the facility. 6. Security guards will be required for any event selling or serving alcoholic beverages in any City facility. 7. Ratio of security guards to participants will be l guard per 100 guests or thereof. FOOD SERVICE POLICY FACILITIES SUITED FOR FOOD AND BEVERAGE SERVICE: Pavilion on the Lake: A complete commercial kitchen, offering a facility for various types of food service. Accessories such as dishes, utensils, cups, glasses, silverware, linens, and cookware are not available. Picnic Areas: Barbecue pits, electricity outlets and water are available. 15 FOOD PREPARATION FOR SALE: Individuals or organizations may request permission to sell or collect donations for providing food services at the above locations. Permittee shall follow the procedures hereinafter set forth. It shall be the full responsibility of the individual or organization to contact the County Health Department to determine the exact requirements pertinent to the type of use. 1. Individuals or organizations wishing to sell or collect donations for food services must submit an application for a permit to use a City facility a minimum of twenty (20) business days prior to the event. Applications may be obtained at the City of Atascadero, 6907 El Camino Real, Atascadero, or at www.atascadero.org. 2. The Director of the Department of Community Services shall approve or disapprove all requests for the sale or collection of donations for food services at City facilities. 3. If approved, the applicant will be required to contact the County Health Department to receive a permit for food sales for a temporary event. Their office is located at 2156 Sierra Way, in San Luis Obispo (781-5544). 4. A copy of the County Health Department permit must be provided to the Department of Community Services a minimum of ten (10) business days prior to confirmation for use of the facility. 1"01143-MUZO rill a BMA MM1111101 ' I Individuals, organizations, or businesses may request the use of Atascadero Lake Park or the Sunken Gardens for major special events. Applicants may request permission to hold a major special event by submitting an "Application To Use A City Facility For Major Special Events." Applications describing the event are to be submitted to the City Hall Annex, Department of Community Services Office, 6905 El Camino Real, Atascadero. DEFINITION OF MAJOR SPECIAL EVENT: The Director of Community Services, or his/her designee, based on one or more of the following criteria may determine a "Major Special Events" status: 1. Estimated attendance of over 250 people. 2. The event organizers will receive fees or donations. 3. Amplified music or entertainers will be present. 4. Paid entertainment will be present. 5. Food or alcoholic beverages are to be sold. 6. Special event involves special security or public safety controls. 7. Precludes any other uses at the Park. APPROVAL PROCESS: If "Major Special Event Status" is determined, the Director of Community Services will make a recommendation for approval or denial to the Atascadero Parks and Recreation Commission for all first-time external events only. Recommendations and comments will be sought from the Police Department and Fire Department prior to review by the City Council. The Director of Community Services will approve all continuing or recurring events unless the applicant has requested significant changes to the event. No more than six major special events will be allowed at Atascadero Lake Park during the period of time between and including the Easter holiday weekend and the Labor Day holiday weekend. A minimum of two (2) weeks is required between major special events. 16 Major Special Events will not be granted if a group picnic area or the gazebo has already been reserved. STATE AND COUNTY REOUIREMENTS AND PERMITS: If approved, the applicant will be notified and a confirmed permit will be mailed. All approved major special events will be required to comply with all established local, County, and State laws and regulations including, but not limited to, food sales, alcohol beverage sales, and sales tax. FOOD SALES: The applicant is responsible for acquiring all necessary food sales permits. A copy of the permit must be provided to the City of Atascadero and posted at the event. Food sales permits may be obtained from the San Luis Obispo County Health Department, located at 2156 Sierra Way, San Luis Obispo, telephone number 781- 5544. ALCOHOLIC BEVERAGE SALES: The applicant is responsible for providing to the City of Atascadero, and to post at the event, a copy of the State Alcoholic Beverages Sales Permit. To secure this permit, the applicant must receive a letter from the City stating permission to sell alcoholic beverages on City property. The letter must be presented to the State Department of Alcoholic Beverage Control located at 3220 South Higuera, Room #305, San Luis Obispo. SALES TAX: Intended for applicants who sell any personal property that will require the application of sales or use tax. You may obtain information regarding the application of tax to your business by contacting the State Board of Equalization, (800) 432-2829 or (805) 677-2700, located at 4822 McGrath, Suite 260, Ventura, CA. It is the responsibility of the applicant to notify any and all vendors who may participate in the proposed special event about the sales tax requirements. CITY OF ATASCADERO REQUIREMENTS: In addition, by abiding to all pertinent State and County laws and regulations, the event holder must also abide by all applicable City ordinances, policies and procedures listed below. Additional requirements may be applied at the discretion of the Director of Community Services, or his/her designee, and/or the Police or Fire Chief, or his/her designee. BUSINESS LICENSE: The applicant is responsible to obtain a City of Atascadero Business License if any food, personal property, or services will be sold. The applicant must provide a copy of their business license to the Community Services Department office. Business licenses may be obtained at the City of Atascadero, Community Development Department (470-3491), located at 6907 El Camino Real, Atascadero. LIABILITY INSURANCE: The applicant is responsible for obtaining a comprehensive liability insurance policy in the amount of $1,000,000, listing the City of Atascadero as additionally insured. A certificate of insurance must be provided to the City of Atascadero at least ten (10) business days prior to the event. PLOT PLAN/FACILITY DIAGRAM: It is the responsibility of the applicant to submit a plot plan of the proposed major special event depicting the approximate location of all activities, booths, vehicles, tables, and other related equipment, at least 20 business days prior to the event date. City staff will meet with the applicant to review the plan and make any necessary revisions. 17 CLEAN-UP/TRASH DISPOSAL: It is the general policy of the City of Atascadero that the facility be returned in the same or better condition than received. It will be the responsibility of the event coordinator to remove all refuse generated by the major special event. Failure of the event holder to leave the park in a clean and unlittered condition may result in forfeiture of all or part of the security deposit. A minimum of one commercial grade, three yard capacity, refuse container must be provided by the event coordinator. The container(s) is to be delivered no more than two (2) days before the event and picked up no later than two (2) days following the event. Refuse containers may be obtained at Atascadero Waste Alternatives, (466-3636), located at 7625 San Luis Avenue, Atascadero. Confirmation of refuse container rental must be provided to the City at least 20 business days prior to the event date. Trash pickup and emptying of facility trash cans during and after the event will be the responsibility of the event holder. Recycling containers must also be provided at all approved major special events held at City facilities. The event holder is responsible for all fees associated with renting said equipment. PORTABLE SANITATION UNITS: Portable sanitation units will be required at all major special events conducted at City facilities. The number of portable sanitation units will be determined by the number of expected persons, length of event and the type of activity. A minimum of two portable sanitation units is to be provided at any event of 250 people or less. Two additional units will be required for every additional 250 persons expected. Portable sanitation units can be rented from several local companies, and confirmation of rental must be provided to the City no later than 20 business days prior to the event. The units are to be delivered no more than two days before the event, and must be picked up no later than two days after the event. The event holder is responsible for all fees associated with renting said equipment. SIGNAGE: All signs posted for major special events held at City facilities must conform to the City's sign ordinance and be approved in advance by the Director of Community Services or his/her designee. Below is a brief outline of the guidelines regarding special event signs. I. Signs will not be allowed that are off-site from the actual event. For example, signs in the Sunken Gardens cannot advertise an event at Atascadero Lake Park. 2. Signs providing directions to an event are not allowed. Directional signs are allowed only on the actual event site. 3. No signs can be posted on trees, utility poles, traffic signs, or any other traffic control devices. 4. Portable signs such as sandwich boards are not allowed. 5. Temporary event signs are permitted as long as they are less than twenty (20) square feet, are not posted more than twenty (20) days prior to the event, and are removed immediately after the event. DECORATIONS: Attaching decorations to trees, signs, pole, buildings, tables, or other park equipment with nails, tacks, staples, or eyebolts is strictly prohibited. All decorations must be removed immediately after the event. EVENT SECURITY: Any Major Special Event that includes alcoholic beverages and/or amplified music will be required to have a minimum of two state certified security guards on site during the entire event for every 500 people expected. Additional security guards may be required at the discretion of the Director of Community Services or his/her designee. Please note that amplified music is not allowed at Atascadero Lake Park, unless the Director has granted permission. IN, EOUIPMENT STORAGE: No equipment is to be stored at the facility either prior to or after the event. All delivery, set-up, tear -down, and removal of equipment must occur on the day of the event. The City of Atascadero will not be responsible for any equipment left at the facility. PARKING: At the discretion of the Director of Community Services, special arrangements for parking such as off-site parking lots and shuttle service may be required. For all major special events, parking spaces must be reserved exclusively for Charles Paddock Zoo visitors. Parking lot attendants may be required. At no time can parking space be reserved exclusively for patrons of the Major Special Event. All City Park facility parking spaces are to remain available for general park use. Vehicles are not allowed onto grass areas unless the applicant receives expressed permission from the Director of Community Services. STREET CLOSURE: Any requests for road closure are to be listed on a Road Closure Request Form and submitted along with the special event application form. Road closure requests must include suggested alternate routes, an emergency access plan, and proposed traffic controls. City staff will review street closure requests and the applicant will be notified about special traffic control requirements. FEES AND CHARGES: A non-refundable reservation deposit will be charged at the time an application is submitted. Applications for use of City facilities will not be accepted without the correct reservation deposit for the facility requested. This deposit will be applied to the facility use fees when paid. A security deposit will be charged for all major special events. This security deposit is due along with all other facility use fees a minimum of twenty (20) business days prior to the event date. The entire security deposit will be refunded to the applicant if the facility is returned clean and in its original condition. The cost for any damages or additional fees will be deducted from the security deposit. ON-SITE STAFF SUPERVISION: At certain events, City staff may be assigned to assist at a rate of $10.00 per hour. If applicable, this fee must be paid prior to the event. EMERGENCY SERVICES: Any extraordinary police or fire services required as a result of the event (riot, etc.) may be charged (in full) to the event organizer. FIRE DEPARTMENT PERMIT INSPECTION FEES: If a permit is required by the City of Atascadero Fire Department for inspection of the major special event site, specific fees may apply. Examples of permit inspection fees include, but are not limited to; inspection of tents over 200 square feet, inspection of circuses, and use of open flame in an assembly area. Any City staff time out of the normal routine necessary for clean up, preparations or repairs will be charged directly to the applicant at a rate of $20.00 per hour. Any City equipment requested for the event will be charged to the applicant at the rate established in the City's facility rental policies and procedures. T