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HomeMy WebLinkAboutRES CC 2019 3842 2019 0904 RESOLUTION NO. 2019-3842 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REVISING RULES AND REGULATIONS GOVERNING CITY FACILITY RENTALS AND RESCINDING RESOLUTION NOS. 2016-3528 AND 2009-2791 WHEREAS, the City previously adopted Resolution No. 2016-3528, which established rules and regulations governing City park rentals; and WHEREAS, the City previously adopted Resolution No. 2009-2791, which established rules and regulations governing the rental use of City facilities; and WHEREAS, at its meeting of September 4, 2019 the City Council reviewed and concurred with the amendments to the Rules and Regulations Governing City Facility Rentals, and WHEREAS, Resolution Nos. 2016-3528 and 2009-2791 shall be rescinded and replaced with the revised Resolution herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. City Council Resolution Nos. 2016-3528 and 2009-2791 are hereby rescinded upon the effective date of this Resolution. SECTION 2. The revised Rules and Regulations Governing City Facility Rentals (Rules) are as follows: Section 2.1 Purpose The purpose and intent of the City Council in adopting the Rules is to provide direction to staff and the public relating to the use and rental of City facilities, including indoor and outdoor facilities in parks and at the Moorpark Community Center. In the event of non-compliance with, or violation of, any provision herein, such shall not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. Section 2.2 Definitions "City" shall mean the City of Moorpark. "Director" shall mean the Parks and Recreation Director or his/her designated representative Resolution No. 2019-3842 Page 2 "Facility" shall mean a rentable indoor or outdoor City property area, not including City public right-of-way subject to the City's encroachment ordinance. Examples of a City facility include a room in a City building, an outside area in a park, and a structure or amenity, such as a play field, walking trail, or parking area. "Rental" shall mean approved use of a Facility by an individual, organization, or business. "Renter" shall mean the individual, organization, or business responsible for the Rental. Renter must complete the Reservation Application and other required documentation, pay all required fees, provide or pay for insurance (if required), and be present for the duration of the Rental. "Reservation Application" shall mean the City's Rental application form. "Rental Permit" shall mean an approved, written Rental Permit issued by the Director, allowing rental use of a Facility. Section 2.3 Facility Rental Program Administration The Parks, Recreation, and Community Services Department oversees the administration of the City's Facility Rental Program. The Director or his/her designee will have the authority to approve Reservation Applications in accordance with the policies contained herein. Rental Permits are not finalized until the application has been approved in writing and all required Rental fees, deposits, and charges are paid in full and all conditions have been met. Section 2.4 City Use Priority Certain City Facilities may be rented for private use when such use does not conflict with City business or programs. In the unanticipated event that a scheduling conflict arises that, in the sole discretion of the City, prevents or interferes with City business or program operations, the Rental Permit may be canceled. In such an event, the City will make every effort to accommodate the canceled Rental at a different location or on a different date, if feasible. If such accommodations cannot be made, a full refund of all fees paid shall be issued. City sponsored programs shall have priority use over all reservation requests. Section 2 5 Right to Revoke or Deny a Park Rental Permit The City may revoke an issued Rental Permit or deny a Reservation Application, when it is determined by the Director that the proposed use of the Facility is not Resolution No. 2019-3842 Page 3 consistent with the intended use of the park or building, or the use will not be in the best interest of the City. A Rental Permit may be revoked or denied for violation of any rule or regulation contained in the Moorpark Municipal Code, State law, or established by this Resolution by the Renter, Renter's guests, attendees, employees, or vendors. Rental Permits may be revoked or denied if the Renter is found to have falsified or omitted information on a Reservation Application. If the City revokes or denies a Rental Permit for any of these reasons, all fees and deposits paid will be forfeited and the Renter may be suspended from future Rentals of any Facility as determined by the Director at his/her sole discretion. Section 2.6 Right to Establish Additional Rules and Conditions The Director may establish additional rules, regulations, and conditions pertaining to City Facilities and Rentals, so long as such requirements are consistent with this Resolution and Chapter 12.16 of the Moorpark Municipal Code, and are published in writing. SECTION 3. FACILITY RENTAL GROUP CLASSIFICATIONS. Rental group classifications shall be as follows: Section 3.1 Purpose The purpose and intent of the City Council in adopting the Rental Group Classifications shall be to provide direction for staff and the public relating to the classification of groups and individuals renting City Facilities. Section 3.2 Group Classification Definitions GROUP 1: Governmental agencies directly serving City residents when the Rental use is of direct benefit to City residents, and Moorpark nonprofit organizations with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code chartered within the limits of the City of Moorpark or with an official branch or chapter located within the City of Moorpark, when all of the following apply: • The Rental is intended for, and open to, the general public. • No admission or entry fee is charged to attend the Rental. • The Rental spans no more than three (3) consecutive days, and is held no more than once per year • Rental attendance is less than 2,000 people. GROUP 2: City residents and businesses for noncommercial purposes (no entrance fees or sales), certain nonprofit organizations based in the City of Resolution No. 2019-3842 Page 4 Moorpark, and governmental agencies serving the residents of the City of Moorpark, when the rental does not comply with the requirements of Group 1. • The designation of City of Moorpark resident applies to individuals who live within the incorporated Moorpark City boundary. Proof of residency is required. The designation of a Moorpark business applies to businesses with a physical address (no post office boxes) within the incorporated City of Moorpark boundary and with a current Moorpark Business Registration. • The designation of a Moorpark nonprofit organization applies to those with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code chartered within the limits of the City of Moorpark, or with an official branch or chapter located within the City of Moorpark. Proof of 501 (C) status is required. • The designation of governmental agency directly serving the residents of Moorpark applies, but is not limited, to the following agencies: Moorpark Unified School District, Moorpark College, Ventura County Water Works District I, County of Ventura, Ventura County Superintendent of Schools, and agencies of similar status as determined at the Director's sole discretion. • For park field rentals, a minimum of 51% of those attending the rental must be City of Moorpark residents in order for the Renter to be classified under Group 2. GROUP 3. Residents of the Moorpark Unified School District boundaries that reside outside of the City's incorporated limits, Moorpark businesses for commercial purposes, and non-Moorpark nonprofit organizations. • The designation of residents of the Moorpark Unified School District boundary applies to individuals living within the District boundaries but outside of the City's incorporated limits. Proof of address is required. • The designation of non-Moorpark nonprofit organizations applies to nonprofit organizations with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code, chartered outside of the City of Moorpark and with no official chapters or branches located within the City of Moorpark. • The designation of a Moorpark business applies to businesses with an established address within the incorporated City boundary and with a current Moorpark Business Registration. GROUP 4: All other Renters not included in Groups 1, 2, or 3. SECTION 4. RESERVATION APPLICATIONS AND RENTAL PERMITS. The general policies governing Reservation Applications and Rental Permits are as follows: Section 4.1 Rental Permits Required Resolution No. 2019-3842 Page 5 An approved Rental Permit is required for the following rental use: • Any rental for which a reservation application for exclusive use is submitted. • Private use of an indoor room. • Any activity with twenty-five (25) or more total people in attendance at Arroyo Vista Community Park or fifteen (15) or more total people in attendance at all other parks or other City property. Attendance includes all participants and spectators at the Rental. • An activity that is held on City property on a regular or re-occurring basis (once per week or more frequently, regardless of location) involving ten (10) or more total people in attendance and that is associated with any business or organization • Any fee or cost based activity, whether conducted by a for-profit, non- profit, or individual. This includes any activity for which monies are paid or collected, regardless of whether or not monies are paid or collected at the Rental location. This definition includes but is not limited to fund-raisers, private classes or lessons, and sports league activity. • Filming of any kind, with the exception of filming by an individual when such activities are not for commercial purposes and are for personal use only. • Use of amplified sound • Possession or consumption of alcoholic beverages at a City Facility. • Use of equipment (as defined in Section 5.3), attractions, or performers. Section 4.2 Terms of Reservation Applications Reservation Applications must be submitted in person. All applications must be signed by an adult (21 years of age or older), who shall agree to be responsible for said Rental, be in attendance during all the times of the Rental, meet all conditions required for the Rental, and pay all fees required. Incomplete or unsigned Reservation Applications will not be accepted. Section 4.3 Application Period Reservation Applications are accepted on a first come, first served basis. Any deviations to the application period must be approved by the Director in writing. Group 1 and Group 2 renters may submit a Reservation Application up to nine (9) months prior to the requested Rental date, and Group 3 and Group 4 renters may submit facility Reservation Applications up to six (6) months prior to the requested Rental date, except as described below For athletic fields at Arroyo Vista Community Park, Campus Canyon Park, Mammoth Highlands Park, and Miller Park, a Reservation Application may be submitted no earlier than (all Groups): Resolution No. 2019-3842 Page 6 Use Date: Submit Application: March 1-May 31 After February 15 August 15-December 31 After July 15 For ball fields at Arroyo Vista Community Park and Poindexter Park, a Reservation Application may be submitted no earlier than (all Groups): Use Date: Submit Application: February 1-June 30 After January 15 August 1-November 30 After July 15 Reservation Applications for Rentals that require insurance as determined by the Director, have attendance of 200 or more people, or are for an indoor Facility, must be submitted at least thirty (30) calendar days in advance of the Rental date. Reservation Applications for all other Rentals must be submitted at least five (5) business days in advance of the Rental date. Section 4.4 Rental Fees, Deposits, and Additional Charges Rental fees will be charged in accordance with the Moorpark City Council Resolution Establishing Rental Fees, Deposits, and Additional Charges Fees must be paid according to the Payment Schedule in the adopted Resolution. Failure to pay Rental fees by the required date may result in the loss of any deposit and cancellation of the Rental Additional charges may be levied beyond the basic Rental fees if, in the opinion of the Director, a higher level of security deposit is needed; additional staff is/are needed to set up, clean up, or supervise activities; police services are necessary based on the nature of the Rental activity; or if the Rental request contains unusual activities or accommodation requests. Such determination shall be made by the Director. Section 4.5 Approval of Application and Issuance of a Rental Permit Rental Permits may be issued under the following conditions: • The requested Facility, date, and time are available for Rentals; • The Rental will not interfere with City business or programs; • A completed and signed Reservation Application has been submitted by the Renter; • All applicable fees have been paid; and • All conditions of the Rental have been met. Resolution No. 2019-3842 Page 7 Standard conditions of approval for all Rental Permits are as follows: • Renter, or if Renter is an organization or business, Renter's duly authorized representative(s) shall be present at all times during the Rental. • Renter shall sign a hold harmless and indemnification agreement, as approved by the Director, and as incorporated into the Rental Permit. • Rentals requiring insurance include, but are not limited to, athletic games and tournaments, Rentals with 200 or more people in attendance, Rentals with vendors or food sales, Rentals with attractions, Rentals of indoor facilities, Rentals with alcoholic beverages, and other higher risk rentals as determined by the Director based on a recommendation from the City's insurance provider. If determined by the Director that insurance is required as a condition of the Rental, the Renter must provide general liability insurance coverage of not less than $1,000,000, with the City of Moorpark named as additionally insured Insurance documentation including certificate of liability insurance and endorsement naming the City of Moorpark as additional insured, and in a format acceptable to the City, must be provided to the City at least fifteen (15) business days prior to Rental date. Depending on the nature of the Rental, additional types and amounts of insurance may be required. • Rentals with attendance of 2,000 or more and Rentals for which an admission fee is charged shall submit a solid waste site plan in compliance with Article V of Chapter 8.36 of the MMC. • Renter shall comply with all requirements as set forth in the Moorpark City Council Resolution Adopting Rules and Regulations Governing City Facility Rentals • For park Rentals, Renter shall abide by all rules and regulations relating to use of City park facilities, including but not limited to Moorpark Municipal Code Chapter 12.16, Parks and Open Space. The Director shall have the authority to establish additional special conditions of approval for any Rental Permit. Rental Permits are immediately revocable by Director if false statements or omissions are made on the Reservation Application, or if the Renter, Renter's guest(s), attendee(s), employee(s), vendor(s), contractor(s), or subcontractor(s) willfully violate any rule or regulation established by the City or fail to meet any condition of the Rental Permit. All fees paid by Renter shall be retained by the City in the event the Rental is terminated under these circumstances. Future Rental use of City Facilities may be denied. Resolution No 2019-3842 Page 8 Section 4.6 Rental Cancellations and Rental Fee Refunds Rental fee refunds for cancellations by the Renter are subject to the fees described below and the fee amounts as specified in the City Council's Resolution Establishing Rental Fees, Deposits, and Additional Charges. Refunds will not be issued for amounts less than $25. The permit application fee is non- refundable, except for cancellations due to inclement weather or conditions which make the facility unusable, and described below. Park Facilities, excluding Rentals with 2,000 or more in attendance and tournaments: a. For cancellations received thirty (30) calendar days or more in advance of the Rental date, the City will refund all fees paid less a processing fee established by City Council resolution. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees), which may be applied to a future Rental date. Said credit must be used within one (1) year of the cancellation. b. For cancellations received between twenty-nine (29) and five (5) calendar days prior to the Rental date, the City will refund all fees paid less any costs incurred by the City, a processing fee, and a cancellation fee established by City Council resolution. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees), which may be applied to a future Rental date. Said credit must be used within one (1) year of the cancellation. c. For cancellations received less than five (5) calendar days prior to the Rental date, the City will refund the security deposit, only, less any costs incurred by the City. If a security deposit was not paid, no fees will be refunded. Rescheduling of the canceled rental may only be considered with extenuating circumstances approved at the discretion of the Director. d For cancellations due to inclement weather (temperatures below 45°f or above 95°f, active precipitation, winds in excess of thirty (30) miles-per- hour, or heavy fog), a National Weather Service forecast twenty-four hours prior to the rental date of 50% or greater chance of inclement weather in Moorpark during the rental hours, or conditions which make the park facility unusable (as determined by the Director), Renter is entitled to a full refund Renter may also elect to reschedule the canceled Rental. Indoor Facilities, tournaments, and events with 2,000+ attendance: a For cancellations received sixty (60) calendar days or more in advance of the Rental date, the City will refund all fees paid less any costs incurred by Resolution No. 2019-3842 Page 9 the City, including staff costs, plus a processing fee Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees and costs incurred by the City), which may be applied to a future Rental date. b For cancellations received between fifty-nine (59) and fifteen (15) calendar days prior to the Rental date, the City will refund all fees paid less any costs incurred by the City, including staff costs, plus a cancellation fee and a processing fee. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees and costs incurred by the City), which may be applied to a future Rental date. c. For cancellations received less than fifteen (15) days prior to the Rental date, the City will refund the security deposit only, less any costs incurred by the City, including staff costs, plus a processing fee. d. For cancellations of outdoor Facilities due to inclement weather as described above, or conditions which make the Facility unusable (as determined by the Director), Renter is entitled to a full refund less any nonrefundable fees. Renter may also elect to reschedule the canceled Rental. Section 4.7 Refundable Security Deposits Security Deposits may be required for certain Rentals, in the amounts specified in the Moorpark City Council's Resolution Establishing Rental Fees, Deposits, and Additional Charges. The Director may determine that all or a portion of the deposit will be retained for excessive clean up or any damage to the facility or property, additional staff costs not included in the fees paid, or if the Renter fails to meet any condition of the Rental as provided for in this Resolution. Should damage, cleanup or other expenses exceed the amount of the deposit, the Renter shall be billed for the difference. Section 4.8 Rental Fee Exception For Moorpark Unified School District The Moorpark Unified School District (District) may request a waiver of park rental fees for one-day events involving three or less hours, such as year-end school parties. The Principal of the school hosting the event must complete and sign the Reservation Application form and submit a written request for a waiver of fees. Standard conditions of approval shall be as follows. • A supervision ratio of no less than one (1) adult to thirty (30) students is required at all times during the event. • District will be responsible for cleaning the park facility used at the conclusion of the event, returning the park facility to the condition that existed prior to the start of the event. All trash generated by District use must be bagged. Resolution No. 2019-3842 Page 10 • District will be charged the permit application fee and for City direct costs associated with the event, which may include but are not limited to: lights and electricity, staff costs (if incurred), excessive trash removal, repair to damaged facilities, and vendor/attraction fees if applicable. The Director shall have the authority to add special conditions of approval as determined necessary to protect the City's property or other park users. SECTION 5. TERMS OF USE. The general terms of Rental use for City Facilities shall read as follows: Section 5.1 Rental Hours Any exception to the Rental hours described below must be approved in writing by the City Manager or his/her designee. Park Facilities: Non-lighted park facilities are available for Rental between the hours of 6:00 a.m. to sunset at Arroyo Vista Community Park and 8:00 a.m. to sunset at all other parks Lighted park facilities are available for Rental from 6:00 a.m. to 10:00 p.m. at Arroyo Vista Community Park and from 8:00 a.m. to 10:00 p.m. at all other parks. Picnic pavilions must be rented for a minimum of two hours. All other park Facilities must be for a minimum of one hour. Rental time above the minimum required will be rounded to the nearest half-hour. For field lights, the minimum rental time is thirty minutes and time thereafter may be rounded to the quarter hour. Indoor Facilities. Indoor facilities are available for Rental from 7:00 a.m. 10:00 p.m There is a two- hour minimum Rental time. Rental time above the minimum required will be rounded to the nearest half-hour. When renting a kitchen in conjunction with a room Rental, the hours of both rooms must coincide. Indoor facilities are not available for Rental on City holidays including but not limited to New Year's Day, Memorial Day, July 3rd, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Section 5.2 Vendors Any Renter wishing to include a vendor(s) selling or distributing merchandise, food, informational materials, or any other item to the public at their Rental must include the request on the Rental Application and secure and submit a completed Resolution No. 2019-3842 Page 11 Vendor Information Form from the vendor Food vendors, including food trucks, must comply with all applicable state, county, and local health code requirements. Vendors must possess a valid Seller's Permit issued by the State Board of Equalization, and must report to the State Board of Equalization all sales occurring within the City of Moorpark. Vendors must be approved on the Rental Permit. An additional fee will be charged for vendors pursuant to the City Council's Resolution Establishing Rental Fees, Deposits, and Additional Charges. Use of an unauthorized vendor may result in the cancellation of the Rental, and any Rental fees paid, including security deposits, may be retained by the City The Director has authority to deny, approve, or conditionally approve a vendor request. Section 5.3 Use of Special Attractions, Performers and Equipment A Rental Permit is required for the use of special attractions, performers, and to bring certain equipment onto a City Facility. The use of unauthorized attractions, performers, or equipment at a Facility will result in the immediate revocation of the Rental Permit. In such cases, all fees paid by Renter will be retained by the City and the Renter will be assessed for any costs incurred to terminate the Rental activity including but not limited to City staff and police personnel. Renters in violation of this section may be cited for violation of the Moorpark Municipal Code in addition to being required to pay for damage to landscaping, sprinklers, turf, or other park facilities as applicable. The City reserves the right to deny the use of any attraction, performer, or equipment at a City Facility. The Director shall have the authority to add special conditions of approval as determined necessary to protect the City's property or other Facility users. The use rules and standard conditions of approval for attractions, performers, and equipment in City parks shall include the following: ATTRACTIONS: Inflatable attractions (including bounce tents, obstacle courses, and slides) and other attractions (including laser tag and non-mechanical rides) may be permitted in specified parks subject to standard conditions of approval as follows: • Attractions must be set-up within 50 (fifty) feet of the rented Facility. • Attractions cannot exceed 20 feet by 20 feet in size The Director may approve larger attractions when the Renter is a City of Moorpark non-profit organization or governmental agency and the use is deemed a community benefit. • Bounce tents must be enclosed. • Attractions must be in good condition and properly anchored. • Inflatable attractions may only be supplied by a City authorized vendor (a vendor who has signed an agreement with the City indemnifying and holding the City harmless, has provided required insurance naming the Resolution No. 2019-3842 Page 12 City as additionally insured, and has a security deposit on file at all times with the City, in the amount specified in the Resolution Establishing Facility Rental Fees, Deposits, and Additional Charges). • Renters requesting the use of an attraction must identify the specifications of the attraction (dimensions and design) and the name of the vendor on the Rental Application. • Attractions must be self-contained (attractions requiring electricity must be powered by a generator) • Attractions must be transported over turf by a handcart. Vehicles cannot be used to transport or set up attractions on park turf or beyond the designated parking lots • Attractions are allowed only at Arroyo Vista Community Park, Campus Park, Campus Canyon Park, College View Park, Glenwood Park, Mammoth Highlands Park, Miller Park, Mountain Meadows Park, Peach Hill Park, Poindexter Park, and Tierra Rejada Park. GAME OR FOOD TRUCKS (Trucks): Trucks may be permitted in specified parks subject to standard conditions of approval as follows: • Trucks may only be used in conjunction with an approved Rental. • Trucks are allowed only at Arroyo Vista Community Park, College View Park, Mammoth Highlands Park, Mountain Meadows Park, Peach Hill Park, Poindexter Park, and Tierra Rejada Park. • If the Truck will be parked on the street, the Truck must be legally parked and comply with all posted parking restrictions. Trucks cannot park in "No Stopping" or "No Parking" zones, loading zones, or along red curbs. The Truck cannot block traffic or pose a safety hazard. • If the Truck will be parked in the park parking lot, the truck cannot park across or over the parallel lines of a designated space or park across the parallel lines into the aisle so as to cause a safety hazard. City shall determine and designate space(s) in which Trucks may park. Oversize vehicles (vehicles which exceed nineteen (19) feet in length, seven (7) feet in width, or eight (8) feet in height) are not permitted in park parking lots. • Trucks are not allowed on park turf without the written authorization of the Director. • Trucks must be self-contained. • The Truck company must provide proof of business auto coverage of no less than State statutory limits per accident and general liability insurance of not less than $1,000,000 per occurrence. Depending on the nature of the Rental, additional types and amounts of insurance may be required. • Food trucks must possess a valid Ventura County Mobile Food Facility permit. Resolution No. 2019-3842 Page 13 • The Truck must be listed on the Reservation Application, including the name of the Truck company, truck dimensions, and the location where the truck will be parked. PERFORMERS: Paid or contracted performers, including but not limited to clowns, magicians, balloon artists, face painters, musicians, and disc jockeys, must be listed on the Reservation Application and approved by the City on the Rental Permit. Renter may be required to purchase liability insurance or provide proof of liability insurance of not less than $1,000,000. Depending on the nature of the Rental, additional types and amounts of insurance may be required. Performers with live animals are prohibited, except as approved by Director for a Group 1 or Group 2 non-profit organization Rental. EQUIPMENT: A Rental Permit is required to set up or bring certain equipment onto a City Facility. Equipment including but not limited to sound amplification equipment, canopies covering an area greater than one hundred (100) square feet, mats covering an area of one hundred (100) square feet or greater, pitching machines, soccer or other goals greater than four (4) feet in width or three (3) feet in height, volleyball or badminton nets, taco or other food carts, and barbecues with cylinders 20 lbs. or larger must be listed on the Reservation Application and approved by the City on the Rental Permit. Insurance may be required for use of certain equipment, as determined by the Director. The requirement to obtain a permit for equipment may be waived for participants at a City-sponsored event with the written authorization of the City Manager. Play equipment such as balls, bats, Frisbees, kites, and tennis rackets and picnic equipment such as lawn chairs, blankets, picnic baskets, or barbecues with cylinders less than 20 lbs. do not require a Rental Permit. Section 5.4 Decorations The standard decorations condition of approval for all Rental Permits is as follows: All decorations must be approved by the City and must comply with Section 13- 143 of the Health and Safety Code of the State of California as to flame proofing of all decorations and materials. Decorations must be installed so as to not damage or deface City property. The use of nails, tacks, staples, or duct tape are not permitted. Any adhesive used may not leave any damage or residue. Decorations and/or any type of wire or cord may not be hung or draped on any light fixture. Time for decorating must be included in the Rental time. Section 5.5 Clean Up The standard clean-up condition of approval for all Rental Permits is as follows: Resolution No. 2019-3842 Page 14 It is the responsibility of the Renter to clean up decorations, debris, and their personal supplies and equipment from their Rental. This includes but is not limited to completely removing all decorative items, and the supplies used to attach decorative items such as tape and string. All debris must be placed in a trash receptacle, or if the trash receptacle is full, in a sealed trash bag directly adjacent to a trash receptacle. In the event that debris or the Renter's items are left after the Rental, a fee to remove said debris or items will be deducted from the security deposit at a rate of not less than the City's direct cost as identified in the applicable fee schedule. The Director shall make the final decision whether the security deposit will be returned. In the event the clean up expenses resulting from Renter's activity exceeds the security deposit, or if no security deposit was paid by Renter, the City reserves the right to bill Renter for expenses. Renter shall reimburse the City the amount due within fifteen (15) calendar days of receipt of invoice. For Rental use of indoor Facilities, City staff will be responsible for setting up and putting away City property such as tables and chairs. Tables and chairs will be set up according to the quantity rented and included on the Rental Permit and arranged according to the set up diagram provided by the Renter. City staff will also be responsible for sweeping and mopping or vacuuming floors. If tables, chairs, floors, counters, or other surfaces are left in such a condition by the Renter that clean up exceeds one (1) hour, additional staff time will be deducted from the security deposit at a rate identified in the applicable fee schedule. Section 5.6 Responsibility for Damages to the Facility and Equipment The standard damages condition of approval for all Rental Permits is as follows: All equipment must be used only for the purpose for which it was intended. If the Facility or any portion thereof, or any City equipment is damaged, marred or defaced by the act, default, or negligence of the Renter, his/her employee or employees, patrons, guests, or any person admitted to the Rental by the Renter, the Renter will pay to the City from the security deposit such sums as the Director shall determine to be necessary to restore the Facility or equipment to its condition prior to such damage. In the event the damage resulting from Renter's activity exceeds the security deposit, or if no security deposit was paid by Renter, the City reserves the right to bill Renter for expenses. Renter shall reimburse the City the amount due within fifteen (15) calendar days of receipt of invoice. Section 5.7 Attendance and Facility Capacity a. Renter agrees to ensure that the number of attendees does not exceed the number declared on the Reservation Application and does not exceed Resolution No. 2019-3842 Page 15 the stated Facility capacity. Noncompliance with this obligation can subject the Rental to cancellation. b. The maximum attendance for Arroyo Vista Community Park Rentals is 5,000 total attendance. Additionally, at least 50% of the park must remain open to public use Any exception to the above stated maximums must be approved in writing by the City Manager. Section 5.8 Compliance with Laws Renter agrees to obey all City policies, rules and ordinances, and State and Federal laws, including, but not limited to Health and Safety Codes. Section 5.9 Tips and Gratuities It is against City policy for any City employee to receive any form of cash, gift, tip or gratuity If a Renter wishes to express their gratitude, a letter to the employee's supervisor is appropriate. Section 5.10 Facility Access and Storage The City of Moorpark reserves the right of full access to all Facilities at any time. The City will be responsible for opening and closing rented Facilities. Keys to the Facility will not be issued to a Renter under any circumstances. For indoor rentals, City staff will be available during Rentals to accommodate any access needs by the Renter Access to storage space is not available unless arranged in advance and included on the Rental Permit. Unless storage space is included on the approved Rental Permit, Renter shall have access to the rented Facility only during the Rental times, and Renter's property may not be brought onto or stored at the Facility before or after the Rental times. The City assumes no liability for Renter's property. Section 5.11 Prohibited Items and Activities The following are prohibited at all City Facilities. • Smoking of any kind, including vaping. • Open flame devices, except canned jellied fuel (such as Sterno) when used in conjunction with a chafing dish. • Fog machines. Resolution No 2019-3842 Page 16 • Gambling, as defined by any Federal, State, or local law, except as may be permitted by California and federal laws for a non-profit organization fund raiser. • Throwing of bird seed, rice, confetti, or glitter. Section 5 12 Rental Restrictions a. Arroyo Vista Recreation Center Gymnasium: Rental use of the gymnasium is restricted to athletic activities appropriate for a gymnasium. Only soft soled non marking shoes may be worn in the gymnasium. Tables, chairs, or other equipment that may damage the wood flooring may not be set up on the wood flooring. No food or beverages, other than water, are allowed in the gymnasium. b. Arroyo Vista Recreation Center, Magnolia Conference Room: The Magnolia Conference Room may only be rented Monday through Friday between the hours of 3:00 to 10:00 p.m. Outside of these hours, the room may be rented if an additional staff fee is paid. c. Arroyo Vista Community Park, Recreational Trail (Trail). The Trail may only be rented by Group 1 and Group 2 governmental agencies and nonprofit organizations. Each entity is limited to no more than one (1) rental per calendar year, except Moorpark Unified School District, which is limited to no more than three (3) rentals per calendar year. During Rental use of the Trail, the Trail will remain open to the general public unless otherwise determined by the Director. Section 5.13 Rules and Regulations The standard Rules compliance condition of approval for all Rental Permits is as follows: The Renter, his/her employee or employees, patrons, guests, or any person admitted to the Rental by the Renter, is responsible to comply with the Moorpark Municipal Code, the conditions set forth in this Resolution, and all conditions specific to the Rental Permit. Rental Permits are immediately revocable if any individual or group violates any rule or regulation established by the City. If a Rental Permit is revoked for a violation, all fees collected for the subject Rental will be retained by the City and the Renter will be billed for any costs incurred to terminate the Rental activity including but not limited to City staff and police personnel. Renter shall reimburse the City the amount due within fifteen (15) calendar days of receipt of invoice. Section 5.14 Wet Field and Trails Policy Resolution No. 2019-3842 Page 17 When park fields or trails are sufficiently wet such that their use may lead to damage or bodily injury, they will be closed to all Rental and public use at the Director's sole discretion. All park patrons shall abide by the terms of the Wet Field and Trails Policy to preserve the quality and life of the fields and trails and promote a safe environment. The Wet Field and Trails Policy applies to conditions due to precipitation, over-watering, and/or irrigation system problems. A special condition of approval will be added to all Park Rental Permits that include use of one or more fields or trails to require acknowledgment of the City's right to close fields and trails under the following conditions: • Rain (with the exception of light drizzle if the ground is relatively hard and dry prior to the start of the drizzle.) • Standing water/ponding or mud is present. • Water gathers around the sole of a shoe. • Footprints leave an impression in the turf or on the trail. Renters may check the status of fields and trails by visiting http://moorparkca.gov/210/Current-Field-Conditions. The webpage will be updated by 9 00 a m. and 3:00 p.m. each day. In the event a Rental is cancelled in advance of Rental time period due to wet field conditions, a full refund of all fees paid shall be issued. Section 5.15 Rental Use of Athletic Fields For this section, "athletic field" is defined as a soccer field, softball field, baseball field, and any other field used for the purposes of group sports activities. This section does not apply to use by a youth sports organization when the use falls within the scope of the organization's facility use agreement. Unless approved in writing by the Director or his/her designee, Rental use of athletic fields shall be limited to the following: a. Athletic fields at Arroyo Vista Community Park: Rental use of athletic fields shall be managed on a rotating schedule to be established in writing by the Director or his/her designee no less than quarterly each year. The intent of the rotating rental use schedule is to permit appropriate maintenance of the fields. Rental use is prohibited while a field is closed for maintenance b. Athletic fields at all other parks: Resolution No 2019-3842 Page 18 Rental use is allowed only at the following parks: Campus Canyon Park; Mammoth Highlands Park; Miller Park, Mountain Meadows Park; Peach Hill Park; and Poindexter Park. Rental use is limited to Renters with a total attendance of 49 or less or Renters with a total attendance of 100 or less when the rental of an athletic field is in conjunction with a picnic pavilion or other park facility and the use is not associated with an organization or business c. Tournaments: Youth and adult sports tournaments are limited to Arroyo Vista Community Park. Exceptions may be made by the Director when the use is limited to no more than three consecutive days; the tournament will benefit the community; and it is determined that the Rental activity will not adversely impact surrounding residents. Additional Rental restrictions may be applied by the Director as special conditions of approval for the Rental Permit to minimize any potential inconvenience to the surrounding residents SECTION 6. ALCOHOLIC BEVERAGES. The City policy regarding alcoholic beverages in conjunction with a Rental is as follows: Section 6 1 Rental Permit Required The possession, consumption, or sale of alcoholic beverages is prohibited at all City Facilities except as authorized by a Rental Permit. Rental Permits including alcoholic beverages may be issued only for the following Rental Groups and Facilities. Any exception must be authorized in writing by the City Manager. a. Indoor Facilities: All rental Groups b. Arroyo Vista Community Park: Group 1 and Group 2 non-profit organizations only Section 6.2 General Conditions for Possession and Consumption of Alcoholic Beverages at Rentals Possession and/or consumption of alcohol is subject to the following conditions: a. The Renter must request permission to serve alcoholic beverages on the Reservation Application. The type of alcohol to be served and service times must be included on the application. Permission to serve alcoholic beverages must be approved in advance and included on the approved Rental Permit. Review and concurrence of the Moorpark Police Department may be required for certain events at the discretion of the Director. Such review may impose additional conditions on the rental permit. Resolution No. 2019-3842 Page 19 b. The possession or consumption of alcoholic beverages may occur during the approved Rental hours only, and may not disrupt or conflict with City business or programs c. The service of alcoholic beverages is limited to no more than four (4) hours and must conclude at least one (1) hour prior to the Rental end time. d. Consumption, and/or possession of alcoholic beverages is allowed only at the rented Facility or Facilities. Consumption of alcoholic beverages is prohibited in parking lots, or anywhere outside the rented Facility unless approved under the rental permit by the Director To ensure compliance, the Rental Permit may include conditions such as requiring the installation of temporary fencing, placement of signs, and perimeter security. e. Alcoholic beverages may not be served to anyone under 21 years of age Renter is responsible for providing adequate safeguards to prohibit the consumption of alcohol by anyone under 21 years of age and the excessive consumption of alcohol by adults. f. Depending on the nature of the Rental, additional staff, security guards, and/or law enforcement personnel may be required by the City. The Renter shall pay for all costs related to providing these services, as described in the applicable fee schedules. Staffing conditions and fees shall be included on the Rental Permit. In addition to other insurances that may be required, individual Renters must purchase liquor liability insurance coverage through the City's provider for their Rental with limits not less than one million dollars ($1,000,000). Higher limits may be required based on the nature of the Rental. Businesses and organizations may provide their own insurance coverage. The City of Moorpark must be named as additional insured. Insurance documentation including certificate of liability insurance and endorsement naming City of Moorpark as additional insured and written in a format acceptable to the City, must be provided to the City no less than ten (10) calendar days prior to the Rental date Failure to do so will result in cancellation of the Rental and forfeiture of Rental fees paid. g. Additional conditions may be added to the Rental Permit based on the nature of the Rental. Section 6.3 Sale of Alcoholic Beverages at Rentals a. All conditions described in Section 6.2 apply to Rentals that include the sale of alcoholic beverages b. A California Department of Alcoholic Beverage Control permit shall be required when alcoholic beverages are sold, the Rental is open to the public, or an admission fee is required to attend the Rental. Said permit shall be secured by the Renter, and a copy provided to the City no less than ten (10) calendar days prior to the scheduled Rental date. Failure to do so will result in cancellation of Rental and forfeiture of Rental fees paid. Resolution No. 2019-3842 Page 20 c. A Ventura County Environmental Health Division Temporary Food Facility permit is required if alcoholic beverages are sold at an event which is open to the public. SECTION 7. Complaints and Right of Appeal Section 7.1 Complaints Complaints and comments should be sent to the Director: City of Moorpark Parks and Recreation Director 799 Moorpark Avenue Moorpark, CA 93021 Section 7.2 Right of Appeal A Renter has the right to appeal the decision by City staff to revoke or deny a Rental Permit, levy additional charges, and/or deduct a portion of a deposit. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving your notification. The City Manager or his/her designee will affirm or deny the appeal in writing within ten (10) business days Any further appeal must be made in writing to the City Council pursuant to Section 2.04.080 of the Moorpark Municipal Code. Section 7.3 Suspension of the Rules For good cause, rules contained herein may be temporarily suspended and/or modified by the Director as deemed necessary. SECTION 8. This Resolution shall become effective on October 4, 2019. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of September 2019. 41';'... ' i , f , ;at , ice S. Parvin, Mayor ATTEST: /0~'_ �O v SP/1 K S ler, y Clerk �.fr/AAIIONOW�_ Y P 9 Y i ar� f� \�:�, A0�i 1 'OTFD JV" Resolution No. 2019-3842 Page 21 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2019-3842 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of September, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of September, 2019. Ky Span er, Cit lerk (seal) QPp O�� '9 ��`ia OrrlikrA s4'fr7