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HomeMy WebLinkAboutPark & Rec Commission 2021-07-15 Agenda PacketPARK AND RECREATION COMMISSION AGENDA Thursday, July 15, 2021 6:00 P.M. Watch on Zoom: https://tinyurl.com/PRC-07-15-2021 Telephone: (669) 900-9128 Meeting ID: 946 0348 5912 CALL TO ORDER • Roll Call AGENDA AMENDMENTS MINUTES 1. Approve regular meeting minutes of June 17, 2021. MEETING OPEN TO THE PUBLIC 2. Introductions/Awards/Recognitions/Presentations 3. Public Comment from the audience regarding items not listed on the agenda. (Speakers are encouraged to limit comments to 3 minutes.) MATTERS BEFORE THE COMMISSION If necessary, to assure completion of the following items, the Chairperson may establish time limits for the presentations by individual speakers. 4. Discuss Sun Valley Park Prohibited Activities 5. Review of the Exhibition Guidelines and Agreement Forms 6. Discuss Proposed Revisions to the Albert J. Boro Community Center Community Use Policy 7. Selection of One (1) Commissioner to Serve on the Parks and Recreation Master Plan Steering Committee and One (1) Commissioner to Serve as the Alternate. COMMISSION REPORTS AND COMMENTS 8. Other brief reports on any meetings, conferences, and/or seminars attended by the Commission members. STAFF COMMENTS 9. Schedule of Upcoming Meetings and Events of Interest ADJOURNMENT NEXT MEETING: September 16, 2021 Notice Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485 -3066 (voice), emailing Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in acces sible formats upon request. Parks and Recreation Commission Agenda Page 2 of 2 July 15, 2021 Page 1 of 4 PARK AND RECREATION COMMISSION June 17, 2021 – 6:00 p.m. DRAFT MINUTES __________________________________________________________________ Watch on Zoom: https://tinyurl.com/PRC-05-20-2021 Telephone: (669) 900-9128 Meeting ID: 946 0348 5912# CALL TO ORDER Chair Machado called the meeting to order at 6:02 p.m. ROLL CALL Present: Commissioner Cabrales Commissioner Emerson Commissioner Gutierrez Chair Machado Commissioner Sandoval Absent: Commissioner Laumann, Commissioner Reisinger Also Present: Susan Andrade-Wax, Library & Recreation Director Catherine Quffa, Assistant Library & Recreation Director Becky Ordin, Senior Administrative Assistant Patty McCulley, Program Coordinator AGENDA AMENDMENTS None MINUTES 1. Approve regular meeting minutes of May 20, 2021 Commissioner Gutierrez moved, and Commissioner Emerson seconded, to approve the meetings minutes of May 20, 2021. AYES: Commissioners: Cabrales, Emerson, Gutierrez, Machado, Sandoval NOES: Commissioners: None ABSENT: Commissioners: Laumann, Reisinger 2 ABSTAINED: Commissioners: None Minutes approved as submitted. MEETING OPEN TO THE PUBLIC 2. Introductions/Awards/Recognitions/Presentations Ms. Andrade-Wax introduced Patty McCulley, Program Coordinator who presented an overview of the movies in the parks scheduled for the summer. Staff responded to questions from Commissioners. Ms. Quffa noted there had been interest from the Commission to participate in a more formal capacity at the events to meet with people. She asked the Commission if they were still interested and wanted to organize something. The Commissioners expressed interest. Ms. Andrade-Wax offered to give the Commissioners the dates and movies along with a script for the event, and those who can attend will have the oppor tunity to participate. 3. Public Comment from the audience regarding items not listed on the agenda None. MATTERS BEFORE THE COMMISSION If necessary, to assure completion of the following items, the Chairperson may establish time limits for the presentations by individual speakers. 4. Selection of Two (2) Commissioners to Participate on the Screening Committee for the Parks and Recreation Master Plan Request for Proposal (RFP) Process Ms. Andrade-Wax described what is entailed for the screening committee for the Parks and Recreation Master Plan Request for Proposal process and asked for participants. The Commission discussed and Commissioner Sandoval and Commissioner Cabrales volunteered to participate on the RFP process. Commissioner Emerson moved, and Commissioner Gutierrez seconded, to accept the selection of Commissioners Sandoval and Cabrales to participate on the Screening Committee for the Parks and Recreation Master Plan Request for Proposal Process. AYES: Commissioners: Cabrales, Emerson, Gutierrez, Machado, Sandoval NOES: Commissioners: None ABSENT: Commissioners: Laumann, Reisinger ABSTAINED: Commissioners: None 3 Selection Accepted 5. Review Proposed Scholarship and Community Center Meeting Room Fee Waiver Policies. Catherine Quffa presented Review Proposed Scholarship and Community Center Meeting Room Fee Waiver Policies. Staff responded to questions from Commissioners. Commissioner Emerson wanted to see a self-affidavit process for income, so people can qualify for services to reduce the barrier of those may not have a pay stub or be enrolled in a government program but doesn’t mean they don’t meet the eligibility requirement. Commissioner Emerson will provide examples of what the County of Marin uses to Ms. Andrade-W ax for the City Attorney to review. Commissioner Gutierrez moved, and Commissioner Sandoval seconded, to accept the Proposed Scholarship and Community Center Meeting Room Fee Waiver Policies. . AYES: Commissioners: Cabrales, Gutierrez, Machado, Sandoval NOES: Commissioners: Emerson ABSENT: Commissioners: Laumann, Reisinger ABSTAINED: Commissioners: None Report accepted COMMISSION REPORTS AND COMMENTS 6. Other brief reports on any meetings, conferences, and/or seminars attended by the Commission members. Commissioner Gutierrez just wanted to thank staff for opening the library. STAFF COMMENTS 7. Schedule of Upcoming Meetings and Events of Interest Ms. Quffa announced that the department has started summer camps this week. Both child care program and youth enrichment camps throughout the community centers and parks in the City. We could not have as many camps as we have had in the past, however enrollment has been strong. The Terra Linda and Hamilton pools are both open and have been in high demand. In July we will be doubling our capacity and reservations available for each time slot. The times will be lengthened, and fees reduced because we are able to increase capacity. We do not have the staff to fully re - open with the drop-in model. The Pickleweed soccer field opened last Saturday. The Pacifics started playing again at Albert Park Field. Rentals will start in the beginning of 4 July. The fees are going to Council on July 6th and if accepted we will be rolling them out. Chair Machado asked how we are going handle watering the parks with the drought. Parks Dept. will limit the days/times of general watering. They did get an exception for the baseball field to water a little bit more. Commissioner Cabrales asked about the watering in the community gardens. Ms. Quffa replied that watering is limited to occur between 7pm-9am and is limited to hand watering and drip watering. Timers are not allowed, so they need to be present when watering to make sure there are not leaks or things like that. Ms. Andrade-W ax asked if the Commission had a preference of going dark in July or August. The Commission discussed and felt like August would be best. ADJOURNMENT Chair Machado adjourned the meeting at 7:32 p.m. ___________________________________________ BECKY ORDIN, Senior Administrative Assistant APPROVED THIS_____DAY OF___________, 2021 ___________________________________________ SUSAN ANDRADE-WAX, Library & Recreation Director PARK AND RECREATION COMMISSION AGENDA REPORT July 15, 2021 Item #4 TITLE: DISCUSS SUN VALLEY PARK PROHIBITED ACTIVITIES SUMMARY: Over the last few months, both neighbors and patrons of the Sun Valley Park have expressed their concerns over dog owners allowing their dogs to be off leash in the park, as well as prohibited type of behavior occurring is and around the wooden gazebo located on the upper terrace at the back of the park. Residents who have expressed concerns regarding these two issues, have been invited to share their experiences with the Commission a tonight’s meeting. RECOMMENDATION: That the Park and Recreation Commission receive report and provide feedback. BACKGROUND: Over the last few months, both neighbors and patrons of the Sun Valley Park have expressed their concerns over dog owners allowing their dogs to be off leash in the park, as well as reported drinking and smoking occurring in and around the wooden gazebo located on the upper terrace at the back of the park. Although the practice of allowing dogs to be off -leash at Sun Valley Park spans more than two decades, there is growing concern about the interaction between dogs off- leash and the safety and wellbeing of park patrons. Additionally, there is concern about under-age drinking and smoking in and around the wooden gazebo especially due to its close proximity to adjacent park neighbors and a highly vegetated hillside. These types of behaviors and activity are prohibited and a violation of the City’s Municipal Code Chapter 8.10; however, they are extremely difficult to enforce for the following reasons: • The wooden gazebo is located at the back of the park on the upper terrace area behind a berm and cannot be seen from the roadways nor the park main turf area. Complaints are mainly received from the neighbors adjacent to the wooden gazebo as they are the most affected by the loud noise and trash that is thrown into their backyards. Page 2 of 2 • Dogs off-leash are hard to enforce because dogs and their owners are hard to identify and have often left the park before the police department has a chance to respond. DISCUSSION: Department staff have toured the site with Fire and Public Works staff to analyze the wooden gazebo and the adjacent area and discuss a couple of options for the Commission to review and consider. • Since there is already a newer picnic shelter within the lower level of the park, staff would like the Commission to discuss removing the wooden gazebo structure and barbeque from the upper terrace area. • In 1994, the City of Petaluma establish an off-leash dog program that allowed dog owners to exercise their dogs in designated areas of their parks during specified days and hours. Over the past 27 years, the off-leash dog program has proven successful and has been expanded to 13 of their City parks. City staff would like the Commission to discuss and consider establishing a pilot off-leash dog program. If the Park and Recreation Commission would like to pursue removing the wooden gazebo and/or develop a pilot off-leash dog program at Sun Valley Park, City staff will further develop those recommendations and invite the Sun Valley residents to participant in the Park and Recreation Commission meeting on September 16, 2021. FISCAL IMPACT: Although there are no costs associated with the review of this item, there may be costs associated with removing the wooden gazebo and establishing a pilot “off leash” dog program. ALTERNATIVE ACTION: Any other action as determined by the Commission. Submitted by: Susan Andrade-Wax, Library and Recreation Director PARK AND RECREATION COMMISSION AGENDA REPORT July 15, 2021 Item 5 TITLE: REVIEW OF THE EXHIBITION GUIDELINES AND AGREEMENT FORMS RECOMMENDATION That the Commission receive, provide feedback, and approve the Exhibition Guidelines, Exhibitor Agreement, and Loan Agreement forms to host art exhibitions at the Falkirk Cultural Center. BACKGROUND The Falkirk Cultural Center (Falkirk), located at 1408 Mission Avenue, was built in 1888 and is an excellent example of a Queen Anne style home. The house includes seventeen rooms, three floors, a large porch with oversized turned posts, and an open floor plan that was not common in Victorian homes. Falkirk now operates as an historic site and art gallery as well as an event venue for receptions, weddings, art exhibits, and meetings. There are three rooms at Falkirk that are used to display artwork, all of which are located on the second floor of the facility. Falkirk hosts five to six art exhibits each year that span approximately five to eight weeks. Some of the recurring exhibits include the California Watercolor Association (CWA), Terra Linda Ceramics, Marin Open Studios, and juried shows facilitated by City staff. The exhibits hosted at Falkirk can be categorized into two types: those offered by outside organizations and those that are co-sponsored by the City. For exhibits offered by outside agencies, the organizer is largely responsible for coordinating all aspects of the show, with the City providing the space and staffing for open hours. For example, during the CWA show, CWA selects their own theme for the exhibit, sends out a call for artists/members, selects the artwork, provides information on winning artists, installs and deinstalls the exhibit, and facilitates the opening/closing receptions. Alternately, for exhibits that are co-sponsored by the City, such as the Terra Linda Ceramics show and Juried Shows, City staff and/or instructors identify the artists, select the pieces, install and deinstall the exhibits, and facilitate an opening/closing ceremony. Currently, the City has a loan agreement that is signed by each artist when they drop off their work for exhibit (Attachment 1). This loan agreement is signed by artists and/or art owners exhibiting work for exhibits that are both City co -sponsored and put on by an outside organization. However, the City does not currently have a policy or standard agreement that provides a full overview of the process, responsibilities, and requirements for organizations that are interested in hosting an exhibit at Falkirk. DISCUSSION In order to provide guidance for both staff and prospective exhibit organizers on the requirements and procedures for accepting, organizing, and managing art exhibitions, staff have drafted the proposed Exhibition Guidelines (Attachment 2), Exhibitor Agreement (Attachment 3), and Loan Agreement (Attachment 4) forms for the Falkirk Cultural Center. Exhibition Guidelines The Exhibition Guidelines are intended to provide both staff and prospective exhibit organizers with a comprehensive understanding of the roles and expectations of each organization prior to entering into a formal agreement. The Exhibition Guidelines include the following information: 1. Overview of the history and facility amenities at Falkirk. 2. Instructions on the application process for those interested in hosting an exhibit at Falkirk. 3. Exhibit eligibility requirements that the City uses when selecting exhibits to allow at Falkirk. 4. Responsibilities of both the Exhibitor and the City, including marketing, installation/deinstallation, opening and closing receptions, and awards 5. Exhibit terms and conditions, including insurance and liability, sales and commissions, safety and facility usage, damage, publicity, and more. Exhibitor Agreement After an outside organizer has applied and been selected to host an exhibit at Falkirk, the Exhibitor Agreement specifies the terms and responsibilities of both the exhibit organizer and the City and provide a standardized contract template for these partnerships. The terms of the Exhibitor Agreement mirror the information provided in the Exhibitor Guidelines, including how the exhibit and the related activities will be managed, exhibit terms and conditions, and the specific responsibilities of the exhibit organizer and those of the City. Loan Agreement The Loan Agreement is the final document that staff have updated to develop a comprehensive policy around art exhibits at the Falkirk Cultural Center. The Loan Agreement is signed by every exhibitor that has artwork at either a co-sponsored exhibit or an exhibit put on by an outside agency. The Loan Agreement has been updated to match the proposed terms and conditions from the Exhibition Guidelines and Exhibitor Agreement. This agreement will be filled out prior to each piece being displayed at Falkirk and both the artist and City staff must sign the loan agreement. With the formal guidelines in place, both exhibitor organizers and staff will be able to clearly understand the responsibilities of each party and terms of their exhibition prior to submitting a proposal. The updated Agreements and requirements will also protect both the City and the exhibit organizers in terms of potential loss, liability, and damage incurred through the exhibit. FISCAL IMPACT: There is no fiscal impact associated with adopting the Exhibition Guidelines, Exhibitor Agreement, and Loan Agreement Forms. ALTERNATIVE ACTION Any other action as determined by the Commission. Submitted by: Darcie Chellew Darcie Chellew, Interim Program Coordinator Attachments: 1. Current Loan Agreement 2. Draft Exhibition Guidelines 3. Draft Exhibitor Agreement 4. Draft Loan Agreement Please return page 1 to Falkirk and retain page 2 for your records. LOAN AGREEMENT Falkirk Cultural Center 1408 Mission Avenue, San Rafael, CA 94901 Mailing: PO Box 151560, San Rafael, CA 94915 Falkirkart@cityofsanrafael.org / (415) 485-3328 Artist/Lender Information: Name: ________________________________________________ Phone: _______________________________________ Address:________________________________________________________________________ Email: _______________________________________ Exhibition Dates: ____________________________________________ Date of Delivery: _________________ Date of Return: _________________ Description of Loan: The object(s) described below are loaned to the City of San Rafael for display at the Falkirk Cultural Center. Artist Title/Description/Date Medium/Dimensions Condition Sales Price THE SIGNATURES BELOW INDICATE ACCEPTANCE OF THE CONDITIONS OF THIS LOAN AS STATED ON PAGE 2 ________________________________ _____________ _____________________________________________ ____________ Lender (Authorized Representative) Date Falkirk Representative/Title Date Acknowledgement of return of loaned objects: Lender hereby acknowledges receipt of the object(s) loaned to Falkirk under this agreemen t, all in condition as noted. ________________________________________________ _________________ Lender (Authorized Representative) Date ________________________________________________ _________________ Falkirk Representative/Title Date Please return page 1 to Falkirk and retain page 2 for your records. Falkirk Cultural Center LOAN AGREEMENT CONDITIONS 1. Unless Falkirk Cultural Center is notified in writing to the contrary; it is understood that this loan may be photographed and reproduced for publicity purposes connected with this exhibition, or for publications published by Falkirk Cultural Center. 2. Falkirk Cultural Center may request the removal of any property deposited with it by written notice directed to the lender at the address stated on the face of this agreement, or at such other address of which the lender has given Falkirk notice in writing. Failure of the lender to respond to this notice within 60 days after the mailing of this notice will constitute authorization to Falkirk Cultural Center to deliver such item to any warehouse to be stored for the lender’s account, or to otherwise store in any manner Falkirk Cultural Center may elect at the lender’s expense. The City of San Rafael shall have and enforce a lien on the loan for such costs of storage, including transport and insurance. 3. It is incumbent upon the depositor to notify Falkirk Cultural Center, in writing, of any change of address. If the legal ownership of the object(s) shall change during the pendency of this deposit, whether by reason of death, sale, insolvency, gift or otherwise, the new owner shall, prior to its return, be required to establish his legal right to receive the object(s) by proof satisfactory to Falkirk Cultural Center. If Falkirk has agreed to transport the loan, and if the address of the new owner should be of much greater distance than the locality from which the loan was borrowed, the new owner will be required t o pay any difference in the charges for the delivery of the work. 4. No alteration, restoration, or repair to objects will be undertaken without the lender’s permission. 5. Falkirk Cultural Center reserves the right not to exhibit accepted work that arrives in non-display condition (missing hanging wire, unstable, damaged, over size limits, or otherwise not ready for display). 6. Accepted entries in any exhibition are reviewed for possible use in advertising and promoting the exhibition (invitations, websites, press releases, and other advertising). Your entry into the exhibition will constitute your consent to the possible use of your images for such purpose s. 7. By submitting work for exhibition, the Exhibitor authorizes Falkirk Cultural Center to sell such work for the “Sales Price” indicated for each work on the entry form. After a sale occurs Falkirk Cultural Center will reimburse the exhibitor an amount equal to the “Show Price” less 30% c ommission. Enter NFS for work that is not for sale but please still indicate the value on your submission form. Commission may be waived for special exhibitions. 8. Work will not be insured while on Falkirk premises. Loan agreement forms, acting as release of liability, will be required for all accepted and hung pieces for the show. If the lender elects to maintain his own insurance, Falkirk Cultural Center must be supplied with a certificate of insurance naming Falkirk Cultural Center as an additional insured or waiving subrogation against Falkirk Cultural Center. Otherwise, the loan agreement shall constitute a release of Falkirk Cultural Center from any liability in connection with loaned property. Falkirk Cultural Center can accept no responsibility for any error or deficiency in information furnished to the lender’s insurers or for lapses in coverage. 9. The aforesaid conditions shall apply to all objects sent to Falkirk Cultural Center on loan and cannot be altered, changed, waived or otherwise affected except by the express written consent of Falkirk Cultural Center. Falkirk Cultural Center Art Exhibition Guidelines The Falkirk Cultural Center (Falkirk), a California Victorian, was built in 1888 in the Mission city of San Rafael. An excellent example of the Queen Anne style, it captures the spirit of early California. It has a complex, picturesque roofline of gables and chimneys, variously shaped bays and decorative details that relate playfully to the different levels as was common of the style. A celebration of country living with seventeen rooms, three floors, and a large porch with oversized turned posts, Falkirk’s open floor plan was not common in Victorians. The home and the history of its occupants reflect both the emergence of San Rafael as a fashionable suburb of San Francisco and the growth of rail and shipping industries in the west. Falkirk now operates as an historic site and art gallery with tours available upon request. The house and grounds are available for receptions, weddings, art exhibits, and meetings. This document outlines the guidelines and requirements for groups and individual artists wishing to utilize the gallery space at Falkirk. 1. Overview There are three rooms at Falkirk that are used to display artwork, all of which are located on the second floor of the facility. The East Room is approximately 71 square feet, the Tamalpais Room is approximately 123 square feet, and the West Room is approximately 60 square feet. The size of these rooms is approximate as there is a fireplace in each room, multiple windows, and the rooms are irregularly shaped. Falkirk has 20 pedestals of various sizes for exhibition use. Falkirk hosts approximately five to six art exhibits a year and each exhibit runs between five to eight weeks long. The facility is open to the public Tuesday-Friday from 1:00pm-4:30pm, Saturdays from 10:00am-1:00pm, and during the Downtown San Rafael Second Friday Art Walks. Hours may be modified due to holidays and/or private events. Staff are available during these hours to answer questions, show the facility and grounds, and make the rooms available during art exhibits. Modified hours are posted at the front door and on Facebook. Additionally, most art exhibits include an opening reception that coincides with one of Downtown’s Second Friday Art Walks. More details can be found in Section 4. 2. Application Process All exhibits hosted at Falkirk undergo an evaluation process before approval. Organizations/Individuals seeking to partner on an exhibition with Falkirk must complete the steps below to be considered: 1. Application To initiate the proposal/partnership process, interested persons/organizations must complete the Exhibition Proposal located on our website at https://www.cityofsanrafael.org/falkirk-art-galleries/. Once received, the application will be reviewed by City staff. 2. City Approval /Contract After the Formal Proposal has been submitted it will be evaluated. If the proposal is denied, you will be notified via email. A follow-up meeting may be scheduled to review any questions and/or concerns. If approved, the proposal will go into the contract phase and the agreement will be finalized based upon the terms and conditions outlined below. If terms cannot be agreed upon by both parties, the proposal will be denied. 3. Eligibility Falkirk evaluates proposals based on the following criteria: • Community Interest The exhibition’s subject matter is determined to be of specific interest to the San Rafael community. • Quality of Work The City strives to partner with organizations that offer the opportunity to exhibit artwork of the highest possible caliber. • Track Record of Achievement Prospective organizations/individuals are asked to demonstrate a history of achievement via promotional materials, letters from previous partners, etc. Prospective organizations/individuals must demonstrate the ability to curate an exhibit of the size and scope required to fill all three gallery rooms at Falkirk. Approved exhibitions are overseen by City Staff. City staff reserves the right to finalize all installation decisions including final curatorial decisions, exhibit layout, displays, labeling, determining insurance coverage, appropriate security, lighting, staffing during hours of operation, artwork sales, and marketing plans. 4. Responsibilities Responsibilities of the Organizer include: 1. Designing marketing postcard. Conducting marketing and promotional activities for the exhibit through their own channels. Any publicity efforts or marketing materials must be reviewed by City staff prior to use. 2. All transportation, set up, installation, and take down of Artists' exhibit and display. All set up, installation, and take down of Artists' exhibit and display must be performed during the City of San Rafael regular business hours. The Organizer will also be responsible for providing title card information for each displayed work and will install said cards next to displayed works. 3. Providing the City with a digital excel file with an alphabetized list of selected artists and artworks. The list must include the following: artist’s or lender’s first and last name, street address, city, state, zip, phone number, email address, website information, social media contact information, artwork title, medium, size, selling price, provenance, and insurance values. Organizer must provide digital pictures (jpeg or png format required) of each selected work to be exhibited that correlate with the excel list of information. 4. To ensure ADA access, all exhibits must be available virtually as well as in person. If the Organizer does not have the ability to provide a virtual exhibit, the digital images provided must be of a high enough quality that the City can use them to create a virtual exhibit on the City’s website. 5. Organizing the opening reception, including creating invitations, promoting the event, organizing any entertainment, and providing any food and drink. If alcohol will be sold, the Organizer is also responsible for obtaining a permit from the State Alcoholic Beverage Control Department. The date of the opening reception (generally Friday evenings), along with the specific entertainment, food, and beverage plans, must be approved by City staff. 6. For juried shows, Organizer will retain 100% of entry fees and will be responsible for providing the call-for-entry prospectus and paying for the Exhibition Juror. 7. Providing all awards, if applicable. 8. Artists should inform City Staff if the exhibiting group would like the galleries to be open or closed during private events (wedding, memorials, etc.). There is also the option to have select galleries open. 9. Any requests to extend Falkirk’s hours for special events must be completed in writing and must receive approval from the City in advance. Organizers will be required to reimburse the City for any associated costs. Responsibilities of the City include: 1. Working with the Organizer to determine a mutually agreed upon five to eight-week exhibition period. 2. Printing marketing postcards for City use and distribution, any additional postcards must be printed at the Organizers expense. Promoting the exhibit through the City’s print and digital marketing platforms, including the website, social media, and email. 3. Provide staff during Falkirk’s open hours, as well as during the Second Friday Art Walks, to ensure that the galleries are open to the public. 4. Working with the Organizer to provide a complimentary Opening reception at the commencement of each exhibit. The City will support with promotion and will provide staff for the event. The City will also provide a water dispenser, cups, napkins, and flowers. The City will retain all donations grossed during the reception. All other coordination and planning of the event are the responsibility of the Organizer. 5. Working with the Organizer and the City’s marketing coordinator to ensure that the exhibit is ADA accessible by providing a virtual gallery of digital images and description either on the Organizer’s website or the City’s website. 5. Terms and Conditions The organization/individual seeking to host an exhibit with the Falkirk Cultural Center will be required to execute an agreement to and abide by the following terms and conditions: 1. Falkirk reserves the right to approve all installation decisions including final curatorial decisions, exhibit layout, displays, labeling, fine art, insurance, security, lighting, staffing during hours of operation, artwork sales, and marketing plans. City staff reserve the right not to accept the loan of work(s) that arrive in non-display condition (missing hanging wire, unstable, damaged, over size limits, or otherwise not ready for display). 2. All damage to City facilities, including, but not limited to, walls, carpeting, trim, lighting, furniture, that may occur during art installation, exhibition, or removal, will be the responsibility of the Organizer to cover the costs of repairs or replacement related to the exhibit. 3. The Organizer will grant the City the right to use images from the Exhibition for publicity purposes in Exhibition announcements, the City's internal publications (including but not limited to its newsletter), the City's Website, and other media. The Organizer will indemnify and hold the City harmless from any liability arising out of the City's use of such images for publicity purposes. 4. The Organizer will agree and ensure that no glass, other sharp edges, or hazardous materials will be exposed that may cause injury to City of San Rafael staff and the public. 5. The City will agree that no alteration, restoration, or repair to Artists’ work will be undertaken without the Organizer’s permission. 6. The City will agree that the Organizer/Artists will retain ownership of Artists' work during the duration of the exhibit and display. 7. The Organizer and the Artists whose work is on display understand and agree that their work is provided for display at their own risk of loss, vandalism, theft, damage, and destruction. Artists acknowledge and understand that the Falkirk Cultural Center is open to the public and the City does not employ security personnel or staff to manage or supervise the galleries where the art is on display. Artists further understand that the City's insurance carriers will not cover loss, vandalism, theft, damage, or destruction to his or her work while on display at the Falkirk Cultural Center, and acknowledge that he or she has been advised to purchase insurance coverage to protect against the risk of loss, vandalism, theft, damage, and destruction of his or her work while on display at the Falkirk Cultural Center. 8. The City requires that each artist sign an acknowledgment that he or she understands these conditions and will hold the City of San Rafael and its officers, officials, employees and volunteers harmless for any loss, vandalism, theft, damage, or destruction that occurs to the artwork, regardless of cause. 9. All sales of Artists' work on display at the Falkirk Cultural Center shall be handled through the City. The City will retain a list of the artists’ works and sales prices, along with artist contact information to share with the public and interested buyers. The City will collect and retain gross sales price per piece on display and retain 30% of the gross sales price. The City will remit 70% of the gross sale price per each piece to the Organizer. For exhibits that are conducted virtually only, the City will retain 10% of the gross sales price and remit 90% to the organizer. The Organizer will be responsible for paying the artist's individual commissions from Organizer’s percentage of the gross sale price and is responsible for any sales tax collecting and reporting, retaining a business license, if required, and adhering to all State and Federal laws. 10. If the Organizer does not remove materials at designated date and time, or within 24 hours of request to remove work, the City reserves the right to remove the material. If the exhibit materials remain unclaimed for more than thirty days after removal, the City may sell or dispose of them without further obligation to the Organizer. 11. Indemnification. The Organizer will, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by the City, and hold harmless the City, its officers, agents, employees and volunteers, from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, arising out of the Organizer’s performance of its obligations or conduct of its operations. The Organizer’s obligations will apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Organizer’s indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptan ce or approval of the Organizer’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Organizer’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from the Organizer’s performance of or operations under, the Organizer will provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. 12. Required insurance. The Organizer shall maintain, for the duration of the exhibit and associated installation and removal, and pay the cost thereof, the following insurance policies: a. General Liability Insurance. The Organizer shall procure and maintain Comprehensive General Liability Insurance in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. b. Property insurance sufficient to cover the artworks in the exhibit. 13. Other insurance requirements. All insurance policies obtained pursuant to this Section shall also meet the following requirements: a. The insurance policies shall be specifically endorsed to include the City of San Rafael, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. b. The additional insured coverage under the Organizer’s insurance policies shall be “primary and non-contributory” with respect to any insurance or coverage maintained by the City. c. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. The City will not be responsible to determine the adequacy of the property insurance for the artwork. If the insurance is not sufficient to cover a loss, the City will not be liable for any shortfall in coverage. Copies of all related insurance coverage shall be provided to the City, and complete copies of any insurance policies obtained pursuant to this Agreement shall be provided to the City if requested at any time. Updated 5/18/21 Falkirk Cultural Center 1408 Mission Avenue, San Rafael, CA 94901 Mailing: 618 B Street, San Rafael, CA 94915 Falkirk@cityofsanrafael.org / (415) 485-3328 EXHIBITION AGREEMENT Organization Information: Organization Name: _____________________________________________________ Phone: _________________________________________ Address:___________________________________________________________ Email: __________________________________________ Exhibition Name: ____________________________________________ Exhibition/Display Dates: ______________________________________ Contact Information: Primary Contact: ______________________________________________________ Phone: _________________________________________ Address:___________________________________________________________ Email: __________________________________________ Updated 5/18/21 Falkirk Cultural Center EXHIBITION AGREEMENT CONDITIONS Responsibilities of the Organizer include: 1. Designing marketing postcard. Conducting marketing and promotional activities for the exhibit through their own channels. Any publicity efforts or marketing materials must be reviewed by City staff prior to use. 2. All transportation, set up, installation and take down of Artists' exhibit and display. All set up, installatio n and take down of Artists' exhibit and display must be performed during the City of San Rafael regular business hours. The Organizer will also be responsible fo r providing title card information for each displayed work and will install said cards next to displayed works. 3. Providing the City with a digital excel file with an alphabetized list of selected artists and artworks. The list must includ e the following: artist’s or lenders first and last name, street address, city, state, zip, phone number, email ad dress, website information, social media contact information, artwork title, medium, size, selling price, provenance, and insurance values. Organizer must provide digital pictures (jpeg or png format required) of each selected work to be exhibited that cor relate with the excel list of information. 4. To ensure ADA access, all exhibits must be available virtually as well as in person. If the Organizer does not have the abili ty to provide a virtual exhibit, the digital images provided must be of a high enough quality that the City can use them to create a virtual exhibit on the City’s website. 5. Organizing the opening reception, including creating invitations, promoting the event, organizing any entertainment, and prov iding any food and drink. If alcohol will be sold, the Organizer is also responsible for obtaining a permit from the State Alcoholic Beverage Control Department. The date of the opening reception (generally Friday evenings), along with the specific entertainment, food, and b everage plans, must be approved by City staff. 6. For juried shows, Organizer will retain 100% of entry fees and will be responsible for providing the call -for-entry prospectus and paying for the Exhibition Juror. 7. Providing all awards, if applicable. 8. Artists should inform City Staff if the exhibiting group would like the galleries to be open or closed during private events (wedding, memorials, etc.). Option to have select galleries open. 9. Any requests to extend Falkirk’s hours for special events must be completed in writing and must receive approval from the City in advance. Organizers will be required to reimburse the City for any associated costs. Responsibilities of the City include: 1. Working with the Organizer to determine a mutually agreed upon five to eight week exhibition period. 2. Printing marketing postcards for the City use and distribution, any additional postcards must be printed at the Organizers ex pense. Promoting the exhibit through the City’s print and digital marketing platforms, including the website, social media, and ema il. 3. Provide staff during Falkirk’s open hours, as well as during the Second Friday Art Walks, to ensure that the galleries are op en to the public. 4. Working with the Organizer to provide a complimentary Opening reception at the commencement of each exhibit. The City will support Updated 5/18/21 with promotion and will provide staff for the event. The City will also provide a water dispenser, cups, napkins, and flowers . The City will retain all donations grossed during the reception. All other coordination and planning of the event are the responsibility of the Organizer. 5. Working with the Organizer and the City’s marketing coordinator to ensure that the exhibit is ADA accessible by providing a virtual gallery of digital images and description either on the Organizer’s website or the City’s website. Terms and Conditions The organization/individual seeking to host an exhibit with the Falkirk Cultural Center will agree to and abide by the follow ing terms and conditions: 1. Falkirk reserves the right to approve all installation decisions including final curatorial decisions, exhibit layout, displays, labeling, fine art, insurance, security, lighting, staffing during hours of operation, artwork sales, and marketing plans. City staff reserve the right not to accept the loan of work(s) that arrive in non-display condition (missing hanging wire, unstable, damaged, over size limits, or otherwise not ready for display). 2. The Organizer is liable for the costs of repairs or replacement required by the City as a result of any damage to City facilities, including, but not limited to, walls, carpeting, trim, lighting, furniture, that may occur during art installation, exhibition, or remov al. 3. The Organizer grants the City the right to use images from the Exhibition for publicity purposes in Exhibit ion announcements, the City's internal publications (including but not limited to its newsletter), the City's Website, and other media. The Organizer will indemnify and hold the City harmless from any liability arising out of the City's use of such images for publicity purposes. 4. The Organizer will ensure that no glass, other sharp edges, or hazardous materials will be exposed that may cause injury to City of San Rafael staff and the public. 5. The City will make no alteration, restoration, or repair to Artists’ work without the Organizer’s permission. 6. Organizer will retain ownership of Artists' work during the duration of the exhibit and display. 7. The Organizer and the Artists whose work is on display understand and agree that their work is provided for display at their own risk of loss, vandalism, theft, damage, and destruction. Artists acknowledge and understand that the Falkirk Cultural Center is open to the public and the City does not employ security personnel or staff to manage or supervise the galleries wh ere the art is on display. Artists further understand that the City's insurance carriers will not cover loss, vandalism, theft, damage, or destruction to his or her work while on display at the Falkirk Cultural Center, and acknowledge that he or she has be en advised to purchase insurance coverage to protect against the risk of loss, vandalism, theft, damage, and destruction of his or her work while on display at the Falkirk Cultur al Center 8. Each artist must sign an acknowledgment provided by the City that he or she understands these conditions and will hold the City of San Rafael and its officers, officials, employees, and volunteers harmless for any loss, vandalism, theft, damage, or destruction that occurs to the artwork, regardless of cause. 9. All sales of Artists' work on display at the Falkirk Cultural Center shall be handled through the City. The City will retain a list of the artists’ works and sales prices, along with artist contact information to share with the public and interested buyers. The City wi ll collect and retain gross sales price per piece on display and retain 30% of the gross sales price. The City will remit 70% of the gross sale price per Updated 5/18/21 each piece to the Organizer. For exhibits that are conducted virtually only, the City will retain 10 % of the sale and remit 90% to the organizer. The Organizer will be responsible for paying the artist's individual commissions from their percentage of the gros s sale price and is responsible for any sales tax collecting and reporting, retaining a business license, if required, and adhering to all State and Federal laws. 10. If the Organizer does not remove materials at designated date and time, or within 24 hours of request to remove work, the Cit y reserves the right to remove the material. If the exhibit mate rials remain unclaimed for more than thirty days after removal, the City may sell or dispose of them without further obligation to the Organizer. 11. Indemnification. The Organizer will, to the fullest extent permitted by law, indemnify, release, defend with c ounsel approved by the City, and hold harmless the City, its officers, agents, employees and volunteers, from and against any claim, demand, suit, judgmen t, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, arising out of the Organizer’s performance of its obligations or conduct of its operations. The Organizer’s obligations will apply re gardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Organizer’s indemnificat ion obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Organizer’s work or work product by the City or any of its directors, officers or employees sha ll not relieve or reduce the Organizer’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from the Organizer’s performance of or operations under, the Organizer will provide a de fense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. 12. Required insurance. The Organizer shall maintain, for the duration of the exhibit and ass ociated installation and removal, and pay the cost thereof, the following insurance policies: a. General Liability Insurance. The Organizer shall procure and maintain Comprehensive General Liability Insurance in the minimu m amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. b. Property insurance sufficient to cover the artworks in the exhibit. 13. Other insurance requirements. All insurance policies obtained pursuant to this Section shall also meet the following requirements: a. The insurance policies shall be specifically endorsed to include the City of San Rafael, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. b. The additional insured coverage under the Organizer’s insurance policies shall be “primary and non -contributory” with respect to any insurance or coverage maintained by the City. c. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. The City will not be responsible to determine the adequacy of the property insurance for the artwork. If the insurance is not sufficient to cover a loss, the City will not be liable for any shortfall in coverage. Copies of all related insurance coverage shall be provided to the City, and complete copies of any insurance policies obtained pursuant to this Agreement shall be provided to the City if requested at any time. Updated 5/18/21 THE SIGNATURES BELOW INDICATE ACCEPTANCE OF THE EXHIBITION AGREEMENT CONDITIONS ______________________________________________ ____________________________________________ __________________________ Organization Authorized Representative Print Organization Authorized Representative Signature Date ______________________________________________ ____________________________________________ __________________________ Falkirk Representative/Title Print Falkirk Representative Signature Date Updated 5/18/21 Falkirk Cultural Center 1408 Mission Avenue, San Rafael, CA 94901 Mailing: 618 B Street, San Rafael, CA 94915 Falkirk@cityofsanrafael.org / (415) 485-3328 LOAN AGREEMENT Lender/Authorized Representative: Name: ____________________________________________________________ Phone: ____________________________________________________ Address:________________________________________________________________________ Email: _______________________________________ Exhibition Name: ____________________________________________ Exhibition/Display Dates: __________________________________________ Description of Artwork: The object(s) described below are loaned to the City of San Rafael for display at the Falkirk Cultural Center. Please attach a photo or digital image of all artwork. Artist Title/Description/Date Medium/Dimensions Condition Sales Price Updated 5/18/21 Falkirk Cultural Center LOAN AGREEMENT CONDITIONS 1. Unless Falkirk Cultural Center is notified in writing to the contrary; it is understood that this loan may be photographed and reproduced for publicity purposes connected with this exhibition, or for publications published by Falkirk Cultural Center. 2. Falkirk Cultural Center will determine a designated date and time for artwork and materials to be removed from the property. If the Lender/Authorized Representative does not remove materials at designated date and time, or within 24 hours of request to remove work, the City reserves the right to remove the material. If the exhibit materials remain unclaimed for more than thirty days after removal, the City may sell or dispose of them without further obligation to the Lender/Authorized Representative. 3. It is incumbent upon the Lender/Authorized Representative to notify Falkirk Cultural Center, in writing, of any change of address. If the legal ownership of the loaned object(s) shall change during the pendency of this deposit, whether by reason of death, sale, insolvency, gift or otherwise, the new owner shall, prior to its return, be required to establish his or her legal right to receive the object(s) by proof satisfactory to Falkirk Cultural Center. If Falkirk has agreed to transport the loan, and if the address of the new owner should be of much greater distance than the locality from which the loan was borrowed, the new owner will be required to pay any difference in the charges for the delivery of the work. 4. No alteration, restoration, or repair to loaned objects will be undertaken without the Lender/Authorized Representative’s permission. 5. Falkirk Cultural Center reserves the right not to exhibit accepted work that arrives in non-display condition (missing hanging wire, unstable, damaged, over size limits, or otherwise not ready for display). 6. Accepted entries in any exhibition are reviewed for possible use in advertising and promoting the exhibition (invitations, websites, press releases, and other advertising). Lender/Authorized Representative’s entry into the exhibition will constitute consent to the possible use of loaned images for such purposes. 7. By submitting work for exhibition, the Lender/Authorized Representative authorizes Falkirk Cultural Center to sell such work for the “Sales Price” indicated for each work on the entry form. After a sale occurs Falkirk Cultural Center will reimburse the exhibitor an amount equal to the “Show Price” less 30% commission. Enter NFS for work that is not for sale but indicate the value on the submission form. Commission may be waived for special exhibitions. 8. Lender/Authorized Representative understands and agrees that their work is provided for display at their own risk of loss, vandalism, theft, damage, and destruction. Artists acknowledge and understand that the Falkirk Cultural Center is open to the public and the City does not employ security personnel or staff to manage or supervise the galleries where the art is on display. For exhibits that are put on by an outside organization, the Organizer and the Artists whose work is on display understand that the City's insurance carriers will not cover loss, vandalism, theft, damage, or destruction to his or her work while on display at the Falkirk Cultural Center and acknowledge that he or she has been advised to purchase insurance coverage to protect against the risk of loss, vandalism, theft, damage, and destruction of his or her work while on display at the Falkirk Cultural Center. For exhibits that are co-sponsored by the City, the City will be responsible for losses in a city-owned facility during an event sponsored by the city, as long as the total value of the art is less than $2.5M. 9. The City requires that each artist sign an acknowledgment that he or she understands these conditions and will hold the City of San Rafael and its officers, officials, employees and volunteers harmless for any loss, vandalism, theft, damage or destruction that occurs to the artwork, regardless of cause. Updated 5/18/21 10. The aforesaid conditions shall apply to all objects sent to Falkirk Cultural Center on loan and cannot be altered, changed, waived or otherwise affected except by the express written consent of Falkirk Cultural Center. THE SIGNATURES BELOW INDICATE ACCEPTANCE OF THE CONDITIONS OF THIS LOAN ON PAGE 2. __________________________________________________________________________________________________________________________________ Delivery: ________________________________ _____________ _____________________________________________ ____________ Lender/Authorized Representative Date Falkirk Representative/Title Date __________________________________________________________________________________________________________________________________ Return: Lender hereby acknowledges return/receipt of the object(s) loaned to Falkirk under this agreement and all in condition as noted on page 1. ________________________________ _____________ _____________________________________________ ____________ Lender/Authorized Representative Date Falkirk Representative/Title Date PARK AND RECREATION COMMISSION AGENDA REPORT July 15, 2021 Item #6 TITLE: DISCUSS PROPOSED REVISIONS TO THE ALBERT J. BORO COMMUNITY CENTER COMMUNITY USE POLICY SUMMARY: The Albert J. Boro Community Center Community Use Policy was last updated in 2006 and laid out the priority by which the City allocates space at the Community Center as well as the guidelines for waiving fees through the Co-Sponsorship Program. Staff have conducted a thorough review of the policy and have developed proposed updates to better align with the current needs of the City, the Community Center, and the community. RECOMMENDATION: That the Park and Recreation Commission discuss proposed revisions to the Albert J. Boro Community Center Use Policy and recommend that the Policy be approved by City Council. BACKGROUND: In 1997, City Council first approved policy changes that allowed for increased community use of the Albert J. Boro Community Center (Community Center) for little or no charge. In 2005, the Pickleweed Advisory Committee (formerly the Pickleweed Advisory Board) reviewed the policy and recommended revisions to allow for balanced and equitable provision of space at the newly renovated Community Center. The updated Community Use Policy was approved by City Council in 2006 and is included as Attachment 1. The 2006 Community Use Policy laid out the priority by which the City allocates space at the Community Center as well as the guidelines for waiving fees through the Co-Sponsorship Program. Through the Co-Sponsorship Program, non-profit organizations are able to apply to the City and the Pickleweed Advisory Committee (Advisory Committee) for a reduction or full waiver of rental fees at the Community Center and Pickleweed Park. This process has supported organizations in providing timely programs for Canal residents, while also saving the City of San Rafael administrative costs of providing similar programs inhouse. The intent was that working together, the City, organizations, and the Page 2 of 4 community itself can create a web of supporting programs that ebbs and flows with current needs and trends to enrich Canal residents. In addition to the co-sponsorship guidelines and application process, the 2006 Community Use Policy also contained information on general facility rental policies, fees, and processes. DISCUSSION: Given that the Community Use Policy has not been updated since 2006, City staff felt that the time was right to conduct a thorough review of the policy and to propose updates to better align with the current needs of the City, the Community Center, and the community. The proposed draft includes updates to the Community Use Policy and is included in Attachment 2. Outlined below are the primary areas in which staff are recommending changes. At their regular meeting on July 7, 2021, the Advisory Committee accepted the proposed Albert J. Boro Community Center Use Policy and supported staff in recommendations. Once staff has received feedback from the Park and Recreation Commission, the proposed changes will be incorporated into the Community Use Policy and will be brought forward to the City Council for approval. Usage Priority The 2006 Community Use Policy sets out the usage priority for the Community Center as 1. City Programs, 2. City Co-Sponsored Programs; and 3. Room Rentals, without any restrictions on days, times, or room types. However, in practice, the Advisory Committee has avoided allowing co-sponsored programs to access the multi-purpose room on Fridays, Saturdays, and Sundays, as those days are popular for large event rentals that are critical to the financial health of the Community Center and often serve members of the community. Staff are proposing that this restriction be formally adopted in the updated Community Use Policy. Additionally, staff recommend the inclusion of Regional and Local Emergency use as the top usage priority in the updated policy. The City has experienced an increased need to utilize community centers for charging stations, cooling and clean air centers, testing and vaccination sites, and more over the past few years. This proposed change would reflect that growing need. Co-Sponsorship Application Process Currently, the 2006 Community Use Policy states that co-sponsorship applications must be received no later than 45 days prior to the program start date. In practice, this has meant that organizations have been allowed to apply for a co-sponsorship at any Advisory Committee meeting. While this approach provides flexibility for organizations in administering their programs, it also limits the Advisory Committee’s ability to evaluate the program offerings of the Center in a holistic manner. By accepting applications on an ongoing basis, the Committee cannot easily identify programmatic gaps or areas where they may be receiving multiple applications to provide similar services to the same community. Additionally, those organizations that apply early are able to secure desirable dates and times, perhaps at the expense of those that apply later in the year. Page 3 of 4 To ensure that the Advisory Committee can effectively and fully evaluate its co- sponsorship program and that all organizations have an equal opportunity to apply for facility usage, City staff are proposing that the Advisory Committee review all applications on a biannual basis. Applications would be due by a specific date and the Advisory Committee would then have time to review, rank all applications, and decide to award a full waiver, a partial waiver, or deny the fee waiver. Staff and the Advisory Committee recommend establishing two application periods, one intended but not limited for summer programs (June – August) and a second intended but not limited for school year programs (September – May). Organizations could apply in between application periods providing they demonstrate the urgency of the program and explain why they were not able to apply during the standard timeframe. This approach would both fulfill the desire to strengthen the application process and still provide seasonal opportunities for agencies to request support for their Canal serving programs. An additional benefit of a biannual process is that the sponsorship becomes more meaningful to the applying organization and more like a formal grant process for the City. Should a new co-sponsorship application process be adopted, staff recommends that it be implemented starting summer 2022. Co-Sponsorship Fee Waiver Amount Additionally, staff and the Pickleweed Advisory Committee recommend setting an annual dollar amount, based on the Albert J. Boro Community Center’s non-profit fee rate, that the Committee is able to waive. While the current level of co-sponsorship can be absorbed by the Department and the City, there is a concern that if applications were to increase substantially, there is no established ceiling to protect the City’s financial position. The goal of setting a maximum annual co-sponsorship amount is not to reduce the number of programs, but rather to ensure the ongoing fiscal sustainabi lity of the Center as a whole. Considering the City would like to continue to co-sponsor a similar number of programs as it currently does through the Pickleweed Advisory Committee, staff , supported by the Pickleweed Advisory Committee, recommends setting an annual rate of $140,000 which would cover all recent co-sponsored programs. Of this amount, approximately $50,000 has historically been allocated for “Kids Club,” a robust, no-cost after school program for the Canal community, and $15-20,000 has been allocated for the Kids Club summer camp program. There is a huge need for no-cost youth programming in the Canal neighborhood and staff would encourage the Committee to continue to set aside a similar allocation for this type of program moving forward. Staff also recommends that the approved annual amount be adjusted an equal percentage with any future increase of the Center’s non-profit rental rate. Rental Policies and Fee Schedules Staff is also recommending the removal of general Rental Policies and Rental Fee Schedules from the proposed Community Use Policy. Those items are already included in detail in the Department-wide Rental Reservation Policies and Regulations and the Page 4 of 4 Ongoing Facility Rental Allocation Process, which are currently in the process of being updated and implemented. If the guidelines are replicated across multiple policies, it will create challenges and process barriers to keeping all of the documents consistent and current. Application Documents Finally, staff recommends the removal of the application documents from the proposed Community Use Policy. Similar to the Rental Policies, staff recommends that these documents be managed separately so that they can be more regularly updated by the Department to remain effective and contain current legal terminology. FISCAL IMPACT: Although no direct expense to the City, waiving or reducing rental fees for co-sponsored programs restricts Albert J. Boro Community Center space and reduces the time available for potential revenue generating rentals and programs. The proposed policy also establishes a $140,000 maximum fee waiver amount for the Co-Sponsorship program. ALTERNATIVE ACTION: Any other action as determined by the Commission. Submitted by: Steve Mason Senior Recreation Supervisor Attachments: 1. 2006 Community Use Policy 2. Draft Albert J. Boro Community Center Community Use Policy 1 DRAFT ALBERT J. BORO COMMUNITY CENTER COMMUNITY USE POLICY 50 Canal Street San Rafael, CA 94901 (415) 485-3077 Section 1: OVERVIEW As one of three of the City of San Rafael’s community centers serving the City and County of Marin, the Albert J. Boro Community Center is located in the Canal neighborhood and is considered a gathering place for the surrounding community. The Center provides classes, activities, and events for children, adults, and older adults. The Center additionally partners with local organizations to provide programs as well as space for non-profit, private businesses and individuals to rent and hold activities for the community or their families. The purpose of this policy is to provide guidance on the process and regulations associated with community use of the Albert J. Boro Community Center. Section 2: USAGE PRIORITY The City prioritizes use of the Albert J. Boro Community Center in the following order: 1. Regional and Local Emergencies: Emergency use of Community Center, as determined by the City of San Rafael, to support the community during a regional or local emergency. Possible uses include but are not limited to: Power Safety Power Shutoff charging and information center, emergency shelter, and emergency resource center. 2. City Programs: All programs, activities, and events developed and maintained by San Rafael Library and Recreation Department staff. 3. City Co-Sponsored Programs: All programs, activities and/or events provided through a partnership, collaboration or other agreement with the San Rafael Library and Recreation Department. All City co-sponsored programs are required to complete a Community Use Agreement with San Rafael Library and Recreation Department and are subject to approval by City staff with guidance from the Pickleweed Advisory Committee. 4. Facility Rentals: Paid usage of City facilities by non-profit, private, or commercial entity. Exception: • Ongoing City co-sponsored programs are not permitted in the Multi-Purpose Room on Fridays, Saturdays, and Sundays to ensure sufficient space for large event rentals and other activities. While the City has established the usage priority above, the timeline for which these events are scheduled can conflict with the City’s stated priorities. For example, large event rentals are often planned up to a year in advance, while community classes or free programs are organized on a much shorter timeframe. As such, the City’s approach to allocating facility space m ust remain flexible to both honor the desired prioritization of community use at the Albert J. Boro Community Center while at the same time reflecting the realities of the diverse program needs. 2 Except in the case of an emergency or important City function, established programs will not be bumped for other types of uses unless alternative times, dates, and/or locations can be mutually agreed upon. Section 3: CITY CO-SPONSORSHIP PROGRAMS It is the policy of the Library and Recreation Department and the Pickleweed Advisory Committee to consider co- sponsorship of programs, activities, or events based on the established criteria outlined in this policy. A co-sponsored program/activity/event may be established between the Department and one or more groups or organizations. Co- sponsored programs/activities/events may receive a reduced or waiver of facility use fees of up to 100% and may receive approval for facility use for up to 12 months. Co-Sponsorship Applications are accepted twice a year to accommodate program seasons. Annually, the Committee shall award a maximum of $140,000 worth of fee waivers. This amount shall be updated and increased proportional to any rental fee increases adopted by City Council. Co-sponsorship applications must be reviewed and approved by staff, with guidance from the Pickleweed Advisory Committee. City co-sponsored programs are required to abide by the below criteria: • The program/activity/event must be open to all residents of San Rafael (special requirements may apply; minimum age, skill level, etc.). • The program/activity/event is of direct benefit to residents of San Rafael. • The program/activity/event is low or no fee to participants (Program budget required in application). • The proposed program/activity/event will not be part of any private commercial enterprise of promotion thereof. In addition to the above requirements, the following criteria will be considered when evaluating co-sponsorship applications: 1. Is the program/activity/event within the scope of the Department’s mission? 2. Is there current community interest in the proposed programs/activities/event? 3. Does this help the City maintain a balance of programming to serve all age groups? 4. What is the impact of the proposed program/activity/event on facilities and/or community? 5. How many community members are likely to benefit from the proposed program/activity/event? 6. Is the facility available during the requested date/time? 7. Is the program is being offered during normal Albert J. Boro Community Center operating hours and during times and in rooms intended for co-sponsored programming? 8. Programs/activities/events that duplicate established offerings may be limited in number to reflect community need. Co-sponsored programs/activities/events are cooperatively arranged by the Department and community groups and organizations and require an approved Co-Sponsored Use Agreement before any program/activity/event may begin. Co-Sponsored programs/activities/events may be advertised in the department’s seasonal brochure as space allows. All City co-sponsored programs will be subject to all City of San Rafael rules, regulations, and procedures. This includes the facility use terms and conditions, as defined in the City of San Rafael Facility Rental Reservation Policies and Procedures and Regulations, including all insurance requirements. However, if available, the City may choose to provide limited storage for only those essential items that are needed to operate ongoing programs (e.g., bridge cards, computer, board games). For co-sponsored programs, large-item storage may be approved by staff based on available storage space within the building. Staff reserves the right to terminate storage usage at any time and for any reason. Section 4: ROOM DESCRIPTIONS AND USE GUIDELINES Unless otherwise noted below, the following guidelines apply to all rooms in the Albert J. Boro Community Center in addition to those stated in the City of San Rafael Facility Rental Reservation Procedures and Regulations: 1. Rooms are to be left clean with tables wiped down, floors swept, and chairs placed neatly under the table upon completion of use. Rooms are used by multiple groups daily and respect should be given for the next group using the space. 3 2. Blue painter’s tape or mounting putty are the only approved method for affixing items to the walls. Tacks, nails, staples, cellophane tape, duct tape, or other fastening methods are not permitted. 3. Items may not be affixed to the windows. 4. Supplies may not be left in rooms. 5. Spills must be reported immediately. 6. Do not move tables without first consulting with staff. 7. Sounds, including amplified music, must be kept at a reasonable level and not audible outside of the rooms when the doors are closed. Below are descriptions of each room along with guidelines specific to their use. Multi-Purpose Room The Multi-Purpose Room is 3,300 square feet in size and has the capacity to hold 200 people seated, 455 standing. The room also has access to a spacious deck (included) and kitchen (for an additional fee). The room may be rented for non- profit, private, non-profit fundraising or commercial events. Co-sponsorship of ongoing programs is not permitted in the Multi-Purpose Room on Fridays, Saturdays, and Sundays to ensure sufficient space for large event rentals and other activities. Advance notice of 72 hours is required for access to Assistive Listening System or ADA wheelchair access to Multi-Purpose Room stage. Specific Multi-Purpose Room Guidelines 1. External doors are to remain closed when amplified music is being played. 2. Dance wax may not be used. Gymnasium The Gymnasium facility is intended for sports and fitness related activities. It has a “sports floor”, sound and scoreboard systems, basketball backboard/hoops, and is equipped to accept volleyball standards (2 sets). It may be rented for use during times when classes and activities are not scheduled. Specific Gymnasium Room Guidelines 1. Food is not allowed in Gymnasium. 2. Sport drinks or water are the only beverages allowed. 3. Indoor sports shoes are required. 4. Use of sound and/or scoreboard systems with staff approval only. Classrooms (3, 4 & 5) The classrooms have the capacity to accommodate25 people. They are multi-use rooms that can be used for meetings, lectures, classes, and small group recreational activities. The classrooms may be rented for use during times when programs or other activities are not scheduled. Art Room The Art Room has the capacity to seat 30 people. It has a linoleum floors and is used for arts and crafts activities and educational classes. It may be rented for use during times when classes and activities are not scheduled. Specific Art Room Guidelines 1. All spills must be cleaned up immediately. 2. Sink, tables, chairs, and floor must be left clean following use. 3. Tables may not be moved by dragging nor removed from the Art Room. Please ask staff if tables must be rearranged. Teen Activity Room The Teen Activity Room has the capacity to accommodate 6 people. This room is primarily used for small recreational and educational programs, as well as to provide meeting space for various groups that do not require a formal classroom setting. The room contains three computer terminals with internet access. The room may be rented for use during times when no classes or other activities are scheduled. 4 Computer Lab (Available for City and City Co-sponsored programs only) The Computer Lab has 16 computer workstations and is available to the public for classes and during open lab hours. Public hours are determined and posted by the Pickleweed Library. San Rafael Public Library Staff will be present during public open lab time.1 The Computer Lab is for City and Co-Sponsored programs only and is not available for rent. Specific Computer Lab Room Guidelines 1. Food and drinks are not allowed. 2. Computers are available on a first-come, first-served basis and can be checked out by Library staff. 3. There is no monitoring or control of the material that may be accessed through the internet. It is the responsibility of individual users (for minors, their parents/guardians) to restrict access to inappropriate web sites and to determine the suitability of information received on-line. 4. Responsibility for internet use by youth is the responsibility of their parents or legal guardians. The City will not limit access to the internet based on the age of the user. Parents/legal guardians are encouraged to work closely with their children to select material that is consistent with personal and family values. 5. Failure to responsibly use the internet may result in revocation of internet use privileges. 6. Loading personal software on Computer Lab equipment is not allowed. Only software provided by the City of San Rafael is allowed on the computers. Kitchen Kitchen may be rented only in conjunction with rental of the Multi-Purpose Room. Kitchen contains sinks, oven, stove, microwave, ice machine, dishwasher, refrigerator and counterspace. Renters and program providers must provide their own needed supplies, i.e.: pots, pans, cutlery, cutting boards, dish soap, etc. Access to Kitchen is not permitted prior to contracted Multi-Purpose Room start time. Lobby The Lobby is 1,700 square feet in size. The Reception Desk, which serves as the hub of the Albert J. Boro Community Center, is located in the Lobby and provides information and/or registration for Recreation programs and activities. The Lobby has a large sitting area that is for general leisure use by the public. It may be used as a conversation area, a reading area, or just a place to relax and enjoy the lovely view. No activities or programs are scheduled in the Lobby, with the exception of special occasions as authorized by the Library and Recreation Department. 1 Each prospective user must have a San Rafael Library card, which can be obtained at the Pickleweed Library. PARK AND RECREATION COMMISSION AGENDA REPORT July 15, 2021 Item #7 TITLE: SELECTION OF ONE (1) COMMISSIONER TO SERVE ON THE PARKS AND RECREATION MASTER PLAN STEERING COMMITTEE AND ONE (1) COMMISSIONER TO SERVE AS THE ALTERNATE SUMMARY: The City of San Rafael is about to begin the process of developing a comprehensive Parks and Recreation Master Plan that will inventory the City’s current facilities and programs; and identify what parks and recreational facilities and funding mechanisms will be needed over the next ten (10) years. Over the past few years, the City has developed a model for using “ad-hoc” and/or “steering” committees to achieve desired outcomes; recent examples include the General Plan 2040, Downtown Precise Plan, Bicycle and Pedestrian Master Plan, Climate Change Action Plan, Wildfire Prevention and Protection Action Plan, and Library and Community Center Conceptual Design Plan. This model of City and public collaboration has served well to address the issues in a timely manner wh ile allowing for a participatory community process. At its regular meeting on July 6, 2021, the City Council approved the formation of the Parks and Recreation Master Plan Steering Committee to assist with the Parks and Recreation Master Plan process. RECOMMENDATION: That the Park and Recreation Commission select one (1) Commissioner to serve on the Parks and Recreation Master Plan Steering Committee and one (1) Commissioner to serve as the Alternate. Page 2 of 5 BACKGROUND: There has been a significant growth in the demand for recreation services and facilities that is requiring a thorough assessment. In addition, the scope of recreational programming has been changing such that it is now defined not so much in terms of specific leisure activities, but in terms of meaningful experiences that contrast with work and school obligations, enhance personal skills and increase an awareness of the larger community. To address this situation, the City Council’s Goals and Objectives and Measure A Work Plan includes a Parks and Recreation Master Plan. This plan will provide a foundation for the future development and maintenance of parks, facilities, and amenities. Specifically, the Master Plan will analyze the use of existing facilities, assess their condition, gather community input, provide recommendations for improvement, and suggest funding/implementation strategies. The Master Plan will be based upon the 2040 General Plan which set forth specific actions to help implement public facilities and community programs, objectives and policies. This process shall meet the City’s goal to provide a diverse and inclusive process. After significant collaboration between the consultant, City staff, Parks & Recreation Master Plan Steering Committee, and the community, the Master Plan will be a valuable strategic guide and create a roadmap for both current and future development. ANALYSIS: Over the past few years, the City has developed a model for using “ad-hoc” and/or “steering” committees to achieve desired outcome s; recent examples include the General Plan 2040, Downtown Precise Plan, Bicycle and Pedestrian Master Plan, Climate Change Action Plan, Wildfire Prevention and Protection Action Plan, and Library and Community Center Conceptual Design Plan. This model of City and public collaboration has served well to address the issues in a timely manner while allowing for a participatory community process. DISCUSSION: Steering Committee The 15-person Steering Committee will be instrumental in guiding the project team regarding engaging the community and reviewing content before releasing the Master Plan to a broader audience. The project team will meet with this group 5 -7 times throughout the process. Each meeting will focus on presenting the project team’s research, exploring the City’s history of parks/recreation, and strategizing on how to engage the community during workshops most effectively. The Steering Committee includes individuals who come from diverse backgrounds to get input and feedback from the broadest cross-section. Throughout the process, the Steering Committee will be the project team’s primary support in spreading the word about engagement and answering questions about local knowledge and City culture. Page 3 of 5 • One (1) Park and Recreation Commissioner • One (1) Pickleweed Advisory Committee Member (Non-P & R Commissioner) • One (1) Library Board of Trustees Member • One (1) Bicycle & Pedestrian Advisory Committee Member • One (1) Age-Friendly Task Force Board Member • One (1) ADA Advisory Committee Member or Marin Center for Independent Living • Two (2) Youth Sports Organizations Board Members (1 Field Based Youth Sport & 1 Non-Field Based Youth Sport) • One (1) Local Non-Profit Recreation Service Provider Representative • One (1) Local Non-Profit Multi-Cultural Social Service Provider • One (1) Artworks Downtown Representative • One (1) Marin Conversation League Representative (Open Space) • One (1) SRCS District Representative • One (1) Marin County Parks Representative • One (1) Chamber of Commerce Representative The Park and Recreation Commission, Library Board of Trustees, Pickleweed Advisory Committee, Bicycle & Pedestrian Advisory Committee and Age-Friendly Task Force representatives will be selected from their respective memberships. The other advisory groups and/or organizations will each select a representative. Committee Roles and Expectations To assure a successful and timely process, it is important to define the role of the Committee. Similar to other recently formed committees, staff have identified the following roles and responsibilities: • Be informed, collaborative and solution oriented. Be committed to attending meetings, reviewing relevant information and being prepared to balance individual and special interests for the overall good of the community. • Provide a forum for community discussion. Actively engage the community in a constructive dialogue about the options for future services and facilities. Be open to varied comment and viewpoints. • Provide input on draft products. Review and provide input on draft documents as requested by staff. • Keep their respective commission, committee and /or agency informed and up to date regarding Committee activity. Keeping the lines of communication open at their commission, committee or agency assures that there is collective collaboration throughout the process which helps lead to a successful conclusion. • Provide recommendations as requested by City staff. Providing recommendations to the City Council and/or commissions is important to assure they receive guidance prior to making decisions needed to formally adopt the Master Plan. Page 4 of 5 COMMUNITY OUTREACH OF MASTER PLAN PROCESS: Community Engagement Process Creating a shared vision for San Rafael’s diverse population means creating a multi - pronged community outreach plan. To ensure the project team receives the most feedback from the broadest cross-section of the City, the process will solicit input through community meetings, surveys, and interviews with community stakeholders. The purpose is to collect as much information as possible to create a complete understanding of how San Rafael’s current park and the recreational system is meeting or failing to meet community needs. Stakeholder Interviews Interviews with selected stakeholders such as key City personnel and community leaders to gain valuable perspective regarding needs, expectations, a nd current conditions. Focus Groups Focus Groups are a critical tool for understanding the community’s concerns, opportunities, values, and needs. Focus Group meetings would provide an i n-depth discussion with a select group of experts and constituents o n specific topics. This will allow the project team to leverage the community’s existing knowledge to collect as much pertinent information as possible in a comfortable, open forum. Participants will represent a myriad of community partners, non-profits, activists, volunteers, and employees. Community Workshops Community workshops will be held to get feedback from a larger group of San Rafael residents. Workshops will be held during weekday evenings in different areas of the City to make it more convenient for people to attend. Statistically Valid Survey & Open Participation Survey/Questionnaires The purpose of this survey is to receive an objective, unbiased response from constituents. Surveys will be made available in both English and Spanish. These surveys will be in addition to the community workshops, series of focus groups, and advisory committee meetings that involved a broad spectrum of stakeholders. City Website All meeting information and materials will be available on the City’s website and City staff will encourage participants to provide the Cit y with their e -mail addresses in order to keep them informed of the processes progress and upcoming meetings and events. FISCAL IMPACT: Although there are no costs associated with the review of this item, the City has allocated $250,000 in Measure A funding for the development of the City-wide Parks and Recreation Master Plan. The project has been programmed into the City’s FY 2021- 2022 Capital Improvement Program (CIP) Budget and Measure A – Work Plan. Page 5 of 5 ALTERNATIVE ACTION: Any other action as determined by the Commission. Submitted by: Susan Andrade-Wax, Library and Recreation Director Item 9 MEMORANDUM Date: July 15, 2021 To: Park and Recreation Commission From: Susan Andrade-Wax, Library & Recreation Director Subject: Schedule of Upcoming Meetings and Events of Interest Date Time Meeting/Event Location July 15 6:00 p.m. Park and Recreation Commission Zoom July 19 7:00 p.m. City Council Zoom August 2 7:00 p.m. City Council Zoom August 6 Dusk Movies in the Park – Lion King (Spanish) Pickleweed Park August 13 Dusk Movies in the Park – Finding Dory Terra Linda Park August 16 7:00 p.m. City Council Zoom August 19 CANCELLED Park and Recreation Commission August 20 Dusk Movies in the Park – Moana Victor Jones Park August 27 Dusk Movies in the Park – How to Train Your Dragon: The Hidden World Gerstle Park