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HomeMy WebLinkAbout1993-10-07; Senior Commission; MinutesMINUTES MEETING OF: SENIOR COMMISSION DATE OF MEETING: TIME OF MEETING: 1:15 p.m. PLACE OF MEETING: October 7, 1993 (Regular Meeting) CARLSBAD SENIOR CENTER CALL TO ORDER: Chairman Heard called the Meeting to order at 1:15 p.m. ROLL CALL: Present: Absent: Commissioner MacEnery. PLEDGE OF ALLEGIANCE was led by Chairman Heard. MATTERS FROM THE PUBLIC: Commissioners Heard, Chmiel, Whittaker and Zink. I There were no requests to address the Commission on a non-agenda item. APPROVAL OF MINUTES: On motion by Commissioner Chmiel, the Minutes of the Regular Meeting held September 2, 1993, were approved as presented. AYES: Heard, Chmiel and Zink ABSTAIN: Whittaker FUNDRAISING BROCHURE: Sue Spickard gave the staff report, stating that the brochure can be professionally prepared for a cost not to exceed $400. ACTION: On motion by Commissioner Whittaker, the Senior Commission recommended having the Fundraising Brochure professionally prepared, with funds to be provided from the Trust Fund. AYES: Heard, Chmiel, Whittaker and Zink CONTRACT BETWEEN CITY AND CSCA: Sue Spickard reported that in September, 1987, the City and the Senior Citizens Association entered into a contract which delineated the services to be provided to the seniors by each organization. The Senior Association agreed to be responsible for bingo, the newsletter and other fundraising activities to benefa the seniors in this community. The City took on the responsibility for all other services and activities. October 7, 1993 SENIOR COMMISSION Page 2 - I CONTRACT BETWEEN CITY AND CSCA: (Continued) Ms. Spickard stated that since that time, there have been no changes in the services provided by each. The old contract is written relating to the address at Harding Street. Since the Senior Center is now at 799 Pine Avenue, the members of the Association have urged staff to bring the contract up to date. The new contract has been presented to the Commission, and according to Ms. Spickard, most of the changes relate to the change of address, deleting all reference to Harding Street. The Senior Association must complete a facillty use application to utilize any portion of the Senior Center, other than their office (behind Supportive Services). Ms. Spickard stated that the Association has raised the issue of insurance. The City requires them to have one million dollars in liability insurance. Ms. Spickard stated she had discussed this matter with the Risk Manager, and it is the City’s policy to require any organization using a City facility to purchase this minimum insurance of one million dollars. Ms. Spickard stated that it is not within the scope of this Commission to waive such things as the insurance requirement. The only ones that can waive insurance requirements is the City Council. The Commission can make a recommendation to the Council and that would be included in the report to them. Joe Johnson, 3300 Belle Lane, stated the insurance premium has gone up 55 percent in fnre years, and next year will be $1,211. He stated that the Association voted to forget about insurance, as they had no agreement with the City that required them to have it. Mr. Johnson stated there is no danger to the bingo players, as they do not go up and down off of the platform. He said that the City is responsible for the rest of the building, and there is no danger to the bingo players while they are sitting in this room. Mr. Johnson said if the cost of the insurance exceeds the amount of money taken in by the bingo game, then the bingo should be dropped. However, he feels that bingo does provide entertainment for people. Commissioner Zink suggested asking each person to pay $1 to play bingo in order to cover the cost of insurance. Mr. Johnson said he could not answer that, as the Bingo Chairperson is not present. Commissioner Chmiel stated that bingo is enjoyed by a lot of people and they would be disappointed if it were canceled. Sue Spickard reiterated that it is a City policy to require any group planning an activity in a City facility to have liabillty insurance. Chairman Heard stated that this Commission reviews, considers and recommends to the City Council. The City has a contract agreement with the Senior Association, and this new contract is basically the same as the old contract. Don Clifford, 41 10 Triest Drive, suggested that all the bingo players sign a waiver of liability. There could be a form signed by the regular bingo people on file and any new players would have to execute this form. Phil Bunn, 5350 Los Robles, asked whether there was any way this activity could be covered by the policy the City has rather than a separate policy for this one activity. It was re-stated that the City owns this building and requires any group other than City staff to have liability insurance. The City is self-insured. October 7, 1993 SENIOR COMMISSION Page 3 - CONTRACT BETWEEN THE CITY AND CSCA: (Continued) Commissioner Whittaker asked whether the Association had compared insurance rates to make certain they had gotten the best rates. Commissioner Chmiel asked who would monitor the signing of a waiver, and Mr. Clifford stated that the people who are in charge of the bingo know the regular players. Chairman Heard stated that members of the Association should attend the City Council meeting armed with all the suggestions they have with regard to this matter. In reply to Commission query as to whether the income from bingo covers the expenses, Mr. Bunn, from the Association, stated that the excess income from bingo pays for the deficit in the newsletter and covers the cost of the insurance. Commissioner Whittaker stated he thought the annual dues covered the cost of the newsletter. Mr. Johnson said there $re no dues for the Association--just $4 a year for the newsletter, and it does not cover the costs. ACTION: On motion by Commissioner Zink, the Senior Commission approved the contract with the Carlsbad Senior Citizens Association, as presented, with the insurance requirement included in it. AYES: Heard, Chmiel and Zink NOES: Whittaker Sue Spickard stated she will keep the Association informed of when this item will be before the City Council to allaw the members to attend that meeting. The concerns of the Association members and the vote on the motion will be included in the report to the City Council. COMMIllEE REPORTS: Suaaestion Committee Commissioner MacEnery’s report was read by the Commission, as follows: Suggestion: Vegetarian Meals. Answer: This suggestion has been passed on to Vista and this Center will work with them on offering a lighter menu: including interest in a salad bar. Suggestion: No Perfume on the Bus. Answer: It is not within the Center’s authority to request that people wear or not wear perfume. If this is a problem, it should be brought to the tour guide’s attention and perhaps an exchange of seats could be arranged. October 7, 1993 SENIOR COMMISSION Page 4 - Suaqestion Committee: (Continued) Suggestion: Newspaper subscriptions for the Library. Answer: Due to budget constraints, all subscriptions have been eliminated. The Carlsbad Senior Citizens Association will consider sponsoring some subscriptions. Newspapers are available at the City Library. Nutrition Proiect Liaison Commissioner Chmiel reported on the September Nutrition Project Council meeting, as follows: During August, 3,111 meals were served; with an average donation of $1.57. The total home meals delivered in August, 989, with an average donation of $2.63. Commissioner Chmiel stated the next District 5 Project Council meeting will be September 23, and will be in Escondido. Sunshine Committee activiiies, dance and luau attendance were discussed, and a craft sale will be held in October, with a tentative bake sale on November 17. There are plans to have a menu survey. SENIOR COORDINATOR’S REPORT: Sue Spickard reported that the new bridge class is full and there is a waiting list. The trips with the mini bus have been successful. On September 28, staff and Commission representatives met with the Arts and Craft group leaders to set guidelines for the rotation of art in the art studio. The decision was reached to have each group select a month of the year for their work to be displayed. The empty months will be offered to those groups that are interested in displaying work for another month. Ms. Spickard reported that Gerico’s golf tournament had 65 golfers, and she recommended that everyone try the Koko Beach Restaurant for lunch or dinner. There will be an Octoberfest on October 20, in the dining room. October 21 there will be a safari to China Town, October 25, free hearing tests, and there will be the scheduled dance, with another costume dance on October 28. There will be a Crafty Crafters white elephant sale on October 29, and they are hoping to top the over seven hundred dollars cleared from the sale last year. Ms. Spickard said that staff is working on the Volunteer party, which will be held November 12, and the invitations should be in the mail within the next week. CHAIRMAN’S REPORT: Chairman Heard stated he had no further report. ITEMS FOR NEXT AGENDA: If the Fundraising Brochure is available, a copy will be provided to the Commission Volunteer Party Gerico’s report (if available) October 7, 1993 SENIOR COMMISSION Page 5 __ ADJOURNMENT: By proper motion, the Regular Meeting of October 7, 1993, was adjourned at 2:03 p.m. Minutes Clerk September 28, 1993 TO: SENIOR COMMJSSJON FROM: Senior Center Coordinator CONTRACT WITH CARLSBAD SENIOR CITIZEN'S ASSOCIATJON In September 1987, the City of Carlsbad and the Carlsbad Senior Citizens' Association (CSCA) entered into a contract (attachment A) which delineated the responsibilities of both organizations in providing service to Seniors. Although there has been no change in responsibilities since the signing of that agreement (attachment A), the Association has expressed their opinion that the contract was no longer valid because it speaks to utilization of the building at 3096 Harding, the old Senior Center location. A revised Agreement (attachment B) has been prepared for your review and recommendation. Changes indude: 0 All references are to the Senior Center now located at 799 Pine Avenue. a City sponsored Senior events shall be published in the newsletter at no cost to the City. 0 Any references to offering Bingo at the Harding Center have been deleted. 0 CSCA must complete a facility use application to utilize any portion of the Senior Center other than their office. CSCA has also raised a concern (attachment C) over the amount of insurance the City requires them to supply for coverage of their property and liability. The Risk Manager for the City has stated that the City requires all outside groups utilizing City facilities to supply a minimum of $1 million dollars in liability and adequate property insurance. Staff would encourage the Senior Commission to recommend the approval of the Agreement. L SUE SCHULTZ SPICKARD Senior Center Coordinator attachments AGREEMENT . ATTACHMENT A AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSRAD SENIOR CITIZENS ASSOCIATION TO PROVIDE PROGRAMS AND ACTIVITIES FOR THE SENIORS OF CARLSBAD THIS AGREEMENT is entered into by and between the City of 'Carlsbad, California, a municipal corporation, hereinafter called "City" and Carlsbad Senior Citizens Association, Inc., a California corporation, hereinafter called " C SC A" . WITNESSETH WHEREAS, the City and CSCA wish to provide social and recreational services .I to the Carlsbad Senior Citizens; and The City owns a certain building located at 3096 Harding and is known as Harding Community Center. This certain building is currently used for City park and recreational purposes, and by the CSCA to provide senior services; and WHEREAS, use of certain portions of Harding Community Center by the City and CSCA will benefit the public health and welfare and enhance the parks and recreation programs of the City for the benefit of the general public and the Carlsbad Senior Citizens. THEREFORE, it is agreed as follows: 1. CSCA PROGRAMS CSCA agrees to provide and take full responsibility for the following programs with the assistance of the City. A. Bingo - The profits from binqo will be used to finance programs and activities of the CSCA. All applicable rules and laws will be conformed to. -1 - B. Newsletter - Monthly publication distributed to those who subscribe. City staff will assist with subscription renewals. C. Other Fundraising Activities - Profits will go to offset CSCA operations and benefit senior programs in Carlsbad. . 2. CITY PROGRAMS The City will coordinate all other programs for the benefit of senior citizens in the Carlsbad area. 3. FINANCIAL RESPONSIBILITIES The City will pay for the programs and activities provided by the City. CSCA will pay for the programs and activities provided by CSCA including all costs and supplies relating to their operation. Additionally, CSCA shall pay for any long distance phone calls placed from Senior Center. When CSCA uses the auditorium at Harding Community Center for bingo, they shall pay the costs for the Facility Attendant. 4. PERSONNEL The City will hire a Senior Citizen Coordinator to direct the programs offered by the City. will hire staff and/or utilize volunteers for the coordination of their CSCA will no longer employee an Executive Director but programs . 5. FACIL’ITIES The CSCA shall be provided space within an office at the Senior Center, which they may utilize to carry out their operations. Scheduling for the use of such space shall be developed in conjunction with the City of Carlsbad. 6. BUSINESS USE CSCA shall not allow any business or commercial venture to use those 8 portions of the Harding Community Center utilized by the CSCA. -2- 7. PUBLIC USE All activities conducted by the CSCA at the Harding Community Center shall be open to the members of CSCA and to the general public. 8. FEES - CSCA may charge a fee to persons participating in CSCA activities conducted at the Harding Community Center. relate to the cost of* the CSCA for conducting such activity and shall be approved in advance by the Parks and Recreation Director or his designee. The amount of such fees shall reasonably 9. COMPLIANCE CSCA agrees to comply with all applicable laws and will not erect 'any sign or install any fixture without the prior written consent of the City. 10. ASSIGNMENT CSCA shall not assign or otherwise transfer its rights and privileges arising from thi.s agreement. 11. REPAIRS AND MAINTENANCE City shall make all required repairs to Harding Community Center. 12. ALTERATIONS CSCA shall make no alterations to Harding Community Center or the Harding Community Center property without prior consent of the City. 13. UTILTTIES The utilities, including water, shall be paid for by the City. The CSCA will, however, pay for their own long distance telephone calls. 14. SERVICES In order to provide funds for the operation of the CSCA's programs, the CSCA may establish civic and other services at Harding Community Center provided that the operation of such services does not significantly interfere with the - 3- provision of social and recreational services and programs. Services shall be developed in cooperation with the Senior Citizen Coordinator. 15. RENTAL For the use of Harding Comumnity Center as described herein during the term, the CSCA shall pay to the City the sum of $1.00 annually due and payable on the date of execution of this agreement by the City and annually on the anniversary date of the agreement, unless the agreement is otherwise terminated. 16. HOLD HARMLESS CSCA agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of CSCA's use of the Harding Community Center. substantiate CSCA's ability to comply with this provision, CSCA shall maintain a policy of liability and property insurance with limits of $1,000,000.00 and To naming the City as an additional insured and shall carry a policy of worker's compensation insurance covering any and all of the CSCA's employees. The CSCA shall also provide adequate insurance.to cover any injury occurring to a volunteer providing services to the CSCA and arising out of the provision of that service. The insurance policies are subject to approval by the City. The CSCA shall be responsible for ensuring that the Harding Community Center is maintained in a safe condition and shall immediately inform the City of any condition which may render the building or any portion of the property unsafe. 17. TERMINATION OF AGREEMENT This agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one year periods, provided that CSCA has fully complied with the terms and conditions of the agreement and unless sixty days notice of termination is given by the City Council or CSCA. Notwithstanding, anythinq to the contrary in this c - 4- paragraph either party may terminate this agreement at any time by qivina ninety (90) days prior notice to the other. 18. KEYS Association shall provide the Senior Citizen Coordinator with two sets of keys to all locks installed by the CSCA on the premises, except keys for any safe or safety box. 19. PRIOR AGREEMENTS All prior agreements between the City and the Association are superseded by this agreement and shall be of no further force or effect. EXECUTED THIS day of &./ , 1987, by the parties as # follows: CITY OF CARLSBAD, California, a municipal corporation ATTEST : . ANN J. KULCHIN, Mayor Pro-Tern CARLSBAD SENIOR CITIZENS ASSOCIATION, INC., a California corporation By: Chairperson APPROVED AS TO FORM: v City Attorney . - 5- ATTACHMENT B AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION TO PROVIDE PROGRAMS AND ACTN ITIES FOR THE SENIORS OF C ARLSBAD THIS AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation, hereinafter called "City" and Carlsbad Senior Citizens' Association, Inc., a California corporation, hereinafter called "CSCA". WITNESSETH WHEREAS, the City and CSCA wish to provide social and recreational services to the Carlsbad Senior Citizens; and The City owns a certain building located at 799 Pine Avenue and is known as the Carlsbad Senior Center. This certain building is currently used for the City and by the CSCA to provide senior services. THEREFORE, it is agreed as follows: CSCA agrees to provide and take full responsibility for the following programs 1. GsxmxwM with the guidance of the City. A. B. C. Binao - The profks from Bingo will be used to finance programs and activities of the CSCA. All applicable rules and laws will be conformed to. Newsletter - Monthly publication distributed to those who subscribe. City staff will assist with subscription renewals. City sponsored senior activities and programs shall be published in the newsletter at no cost to the City. er Fundmisina Activities - Profits will go to offset CSCA operations and benefit senior programs in Carlsbad. .. 2. v The City will coordinate all other programs for the benefit if senior citizens in the Carlsbad area. 3. m The City will pay for the programs and activities provided by the City. CSCA will pay for the programs and activities provided by CSCA including dl costs and supplies relating to their operation (Le., photocopying, etc.). Additionally, CSCA shall pay for any long distance phone calls placed from Senior Center. 4. PERSONNEL The City will hire a Senior Citizen Coordinator to direct the programs offered by the City. CSCA will no longer employee an Executive Director, but will hire staff and/or utilize volunteers for the coordination of their programs. 5. FAClLlTlES The CSCA shall be provided an office at the Senior Center, which they may utilize to carry out their operations. Scheduling for the use of such space shall be developed in conjunction with the City of Carlsbad. Any other use by CSCA of any portion of the Senior Center facility shall require an approved facility use application. 6. iUWESlE CSCA shall not allow any business or commercial venture to use those portions of the Senior Center utilized by the CSCA. 7. l?lmsLE All activities conducted by the CSCA at the Senior Center shall be open to the members of CSCA and to the general public. 2 8. FEES CSCA may charge a fee to persons participating in CSCA activities conducted at the Senior Center. The amount of such fees shall reasonabb relate to the cost of the CSCA for conducting such activity and shall be approved in advance by the Parks and Recreation Director or his designee. 9. COMPLlANCE CSCA agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City. IO. ASSIGNMENT CSCA shall not assign or otherwise transfer its rights and privileges arising from this agreement. 11. AIRS AND MAINTENANCE City shall make all required repairs to Carlsbad Senior Center. CSCA shall make no alterations to the Senior Center or the Center property 12. ALTERATIONS without prior written consent of the City. 13. 1 JTlLlTlES The utilities, including water, shall be paid for by the City. The CSCA will, however, pay for their own long distance telephone calls. 14. ERVICFS In order to provide funds for the operation of the CSCA's programs, the CSCA may establish civic and other services at the Senior Center provided that the operation of such services does not significantly interfere with the provision of social and recreational services and programs. Services shall be developed in cooperation with the Senior Citizen Coordinator. 3 15. BENT& For the use of the Senior Center as described herein during the term, the CSCA shall pay to the City the sum of $1 .OO annually due and payable on the date of execution of this agreement by the City and annually on the anniversary date of the agreement, unless the agreement is othemvise terminated. 16. CSCA agrees to hold the City, its officials, employees and volunteers totally harmless for all costs, expenses, claims and liability arising out of CSCAs use of the Senior Center. To substantiate CSCA's ability to comply with this provision, CSCA shall maintain a policy of liability and property insurance with limits of $1,000,000 and naming the City as an additional insured and shalt carry a policy of worker's compensation insurance covering any and all of the CSCAs employees. The CSCA shall also provide adequate insurance to cover any injury occurring to a volunteer providing services to the CSCA and arising out of the provision of that service. The insurance policies are subject to approval by the City. The CSCA shall be responsible for informing the City of any condition which may render the Senior Center building or any portion of the property unsafe. 17. TFRMINATION OF AG- This agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one-year periods, provided that CSCA has fully complied with the terms and conditions of the agreement and unless sixty days notice of termination is given by the City Council or CSCA. Notwithstanding, anything to the contrary in this paragraph either party may terminate this agreement at any time by giving ninety (90) days prior written notice to the other. 4 18. KEYS CSCA shall be provided from the Senior Citizen Coordinator two sets of keys to the CSCA office. CSCA agrees not to duplicate or loan such keys. Any additional keys will be distributed by the Senior Citizen Coordinator. All pe'kons issued a key will complete a City key authorization form which will be kept on file in the Senior Center Office. 19. PRIOR AGWENTS All prior agreements between the City and CSCA are superseded by this EXECUTED THIS day of ,1993, by agreement and shall be of no further force or effect. the parties as follows: AlTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: CITY OF CARLSBAD, California, a municipal corporation By: CLAUDE A. LEWIS, Mayor CARLSBAD SENIOR CITIZENS' ASSOCIATION, INC., a California Corporation By: Chairperson RONALD R. BALL City Attorney 5 ATTACHMENT C CARLSBAD SENIOR CITIZENS’ ASSOCIATION We Care + We Listen + We Help Carisbad Senior Center 799 Pine Avenue Carisbad, CA 92008 . 4344 127 Boerd of Directors Septemjer 24, 1993 The 3oard of Directors met in specie1 session cn Septeaber 24, I993 with a11 directors present. With e correctton mede to tha dcta of the next regularly scheduldd meeting, minutes of the meting of JLly 15, 19-92 were accepted es reed. After e discussion regarding the lsgscy crested by the will of h’s. AnnAlyn Ven De Velde, eirectors voted to acknowledge ri:ct;iDt of the two checks with a discleimer to the printed scknowledgerrent on the form since we hsve no knowledge of the dbties itzposed on the Trustee by the Trust Agreement. A semnle copy is ettsched. The dirsctors then reviewed the discussion of the liability insurence policy as set forth in the Julj 15, 1993 rinutes of the directors meeting. The directors do not wish to create a situstion caLsing the Associction to be banned from conducting zny activity (such as the Tuesday Bingo gatlles). They therefore voted unsnimously to submit a copy of those minutes to the Sdnicr CommissiLn for any action thet body deems necessary. png discussion of the $1,900.00 contribution made each of the lest two yeors to helo defray the expenses of the annual volcnteer dinner, the meeting WES SdjoLrnee. Foilowing o motion tsblinp cntil the hoxt meeting of the 3oord A Non-Profit Corporation incorporated in the State of California. June 25. 1975 Corporate No. 738726 c CARLSBAD SENIOR CITIZENS’ ASSOCIATION We Care + We Listen + We Help . Carlsbad Senior Center 799 Pine Avenue Carisbad, CA 92008 434-4 127 MGeting of 3osrd of Diractors July 15, 1993 Members of the Board of Directors met on July 15, 1993, with all prasent, incumbents Ph’l gunn find Jot: Johnscn, and thd three newly elected directors Alonzo Cowling, Ruth Sherwood end aarbara Johnson. As the first order Of business, the following officers were e 13 c t ed : Pres. Alonzo Cowling Treasurer phi1 aunn V. P. Ruth Sherwood Secretary Jot: Johnson Vinutes of the mesting of April 15, 1993. and the tre~s~rar~s re3ort for the fiscal year ended June 30, 1993, were accepted as rzad. The Tuesday bingo operot ion was then discussed. Tha diractors , none of whom is directly connected with the operatlon, unanimously voted to have the operation handled by a committee. Estelle Sanchez nes then appointed to cheir a committee of her choosing from those now conducting the gems, with authority to establish types of cards to be used, amounts of grizds, dtc, but with a suggestion that any major Droblen! be brought before the 3oard. Next followed e discussion regnrding renewal of th6 liability insurance, the cost of which has increased from $S9i.OO during the fiscal yesr ended June SU, 1989 to $~,07;J,UU for the fiscal year ended June SO, 1993, an increase of 55.3 percent. Considering that the Association has no control over conditions within the auditorium where the bingo games are play~d, and has ebsolutely no control over other facilities used by the bingo players (rest rooms, et&), the airectors feel that any liability of the Association is extremely limited. Also, since preparablon and distribution of tho Newslatter is aone under a contractual agreetmnt batween the Association and the editor, Don Clifford, the Association hrs iittie iisbility in this function. The directors feel thst the move to the new Senicjr Center negeted the egreement between the City and the Associstion executed Szptember 3, 1Y87 and, in the obsance of any requirement to do so, voted to not renew the liebility insurancz policy. Tho next meeting fo directors is scheauled for Qctober a, 199S. There being no further business, t A Non-Profit Corporation incorporated in the State of California, June 25, 1975 Corporate No. 738726