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WHEREAS, Resolution Nos. 2016-3528 and 2009-2791 shall be rescinded and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hereby rescinded upon the effective date of this Resolution.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
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"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
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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
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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
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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):
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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.
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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.
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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
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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.
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• 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
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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
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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.
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• 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:
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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.
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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)
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