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HomeMy WebLinkAboutAGENDA REPORT 2024 1120 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA City Council Meeting of November 20, 2024 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. D. Consider Letter of Agreement with Southeast Ventura County YMCA to Host Its Bill Night on December 3, 2024, at Moorpark City Hall (323 Science Drive). Staff Recommendation: Authorize the City Manager to execute a Letter of Agreement with the Southeast Ventura County YMCA to host its Bill Night event on December 3, 2024, at Moorpark City Hall, subject to final language approval by the City Manager. (Staff: Brian Chong, Assistant to the City Manager) Item: 10.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: 11/20/2024 Regular Meeting SUBJECT: Consider Letter of Agreement with Southeast Ventura County YMCA to Host Its Bill Night on December 3, 2024, at Moorpark City Hall (323 Science Drive) BACKGROUND On November 20, 2020, the City Council approved Resolution No. 2020-3963, updating rules and regulations governing City facility rentals. Because the resolution predates the City’s acquisition of the new Moorpark City Hall (323 Science Drive), it was not identified as a rentable facility. Accordingly, use of the facility requires City Council approval. The Southeast Ventura County YMCA (YMCA) is requesting use of City Council Chambers for the evening of December 3, 2024, to conduct its Bill Night event. Staff recommends that the City Council approve the attached Letter of Agreement to authorize use of the Council Chambers in the new Moorpark City Hall for this event. DISCUSSION The City Council Chambers at 323 Science Drive currently has functioning lighting, and speaker systems. However, the room does not yet have television or video streaming capabilities, pending acquisition and installation of equipment expected in early 2025. Accordingly, the City Council and all City Boards and Commissions still meet at the former City Hall, located at 799 Moorpark Avenue. The City’s facility rental policy identifies indoor rooms available for rent at the Arroyo Vista Recreation Center (4550 Tierra Rejada Road) and Community Center (799 Moorpark Avenue). The policy has not yet been amended to include the City Council Chambers at 323 Science Drive or establish rental rates for the new Moorpark City Hall. As a result, staff cannot yet issue a standard Facility Rental Permit for its use. Item: 10.D. 137 Honorable City Council 11/20/2024 Regular Meeting Page 2 The YMCA is requesting rental of the City Council Chambers in the new City Hall for Tuesday, December 3, from 5:30 p.m. to 10:00 p.m. for its Bill Night event. The event is the premier event for school-age participants in the YMCA’s Youth & Government Program. Participants learn about the legislative process in California and write mock bills that they then present to a panel of legislative professionals during Bill Night. The program is intended to introduce young people to civic engagement, policy development, and the legislative process. The YMCA is requesting use of the room with its lighting and speaker systems; no recording or broadcasting is being requested. Up to 60 people are expected to attend. To facilitate use of the new City Hall City Council Chambers, a Letter of Agreement (attached) has been prepared. The letter outlines standard City rental requirements such as a refundable clean-up deposit and insurance/indemnity requirements. The YMCA is a 501(c)(3) non-profit organization. Under the City’s facility rental policy, Moorpark-based 501(c)(3) non-profit organizations qualify for no-cost rentals if they meet four criteria (open to public, no admission fee, duration limits, and attendance below 2,000 people). The YMCA’s Bill Night satisfies those four criteria. Although the YMCA’s regional offices are physically located in Westlake Village, they serve families in Moorpark, as well as Simi Valley, Thousand Oaks, and Westlake Village. Because of the civic nature of the event, staff recommends that the rental be authorized at no cost to the YMCA as if they were chartered within Moorpark. That recommendation is reflected in the draft Letter of Agreement. The City’s facility rental policy does pass through direct costs to renters, even if they qualify for no-cost rentals. However, only City management staff will be present during the event, so no direct staffing costs will be incurred or passed through to the YMCA. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 138 Honorable City Council 11/20/2024 Regular Meeting Page 3 STAFF RECOMMENDATION Authorize the City Manager to execute a Letter of Agreement with the Southeast Ventura County YMCA to host its Bill Night event on December 3, 2024, at Moorpark City Hall, subject to final language approval by the City Manager. Attachment: Draft Letter of Agreement 139 CITY OF MOORPARK CHRIS R. ENEGREN Mayor RENEE DELGADO Councilmember DANIEL GROFF Councilmember TOM MEANS Councilmember DR. ANTONIO CASTRO Councilmember 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov November 20, 2024 [NAME] Southeast Ventura County YMCA 31105 Thousand Oaks Blvd. Westlake Village, CA 91362 RE: Letter of Agreement for Southeast Ventura County YMCA Bill Night on December 3, 2024 (Moorpark City Hall) Dear _________: This letter is to confirm use of the Southeast Ventura County YMCA (YMCA) use of the City Council Chambers inside Moorpark City Hall (323 Science Drive) on Tuesday, December 3, 2024, from 5:00 PM to 10:00 PM, with a rental fee of $0.00. The terms of use shall be in accordance with the Moorpark City Council’s action on November 20, 2024. Accordingly, YMCA agrees to; 1. Abide by all City rules and regulations pertaining to City facilities, including but not limited to those included in Moorpark Municipal Code Chapter 12.16 and City Council Resolution 2020-3963 (Rules and Regulations Governing City Facility Rentals). 2. Identify a lead point of contact for the YMCA who will be present during the event, including all setup and cleanup. 3. Pay to City a five hundred dollar ($500) refundable clean-up deposit. Deposit shall be refunded to YMCA within 30 calendar days after the event, less any direct clean-up costs incurred by City. Should direct costs exceed the deposit, YMCA agrees to reimburse City for said costs within 90 days of the event. 4. YMCA agrees to prohibit all food, and any beverages except water, inside the City Council Chambers. 5. YMCA agrees to procure, and thereafter maintain, in full force and effect, at YMCA’s sole cost and expense, a general liability insurance policy written with a company acceptable to City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000) for ATTACHMENT 140 YMCA Bill Night | Letter of Agreement Page 2 bodily injury or death of any person or persons in any one occurrence, and One Million Dollars ($1,000,000) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability. The policy or policies shall be written on an occurrence basis. The policy shall name the City of Moorpark as an additional insured. YMCA shall furnish City evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance and additional insured endorsement. 6. YMCA agrees to indemnify, defend (with counsel reasonably acceptable to City), and hold harmless the City, and any and all of its employees, officials, volunteers, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), to the extent same are caused in whole or in part by any gross negligence or wrongful act, willful misconduct, error or omission of YMCA arising in whole or in part from YMCA’s officials, volunteers, contractors, agents, and run participants participation in the 5K Run event. YMCA agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every official, volunteer, vendor, run participant, performer, contractor, or subcontractor, or any other person or entity involved by, for, with, or on behalf of YMCA in the performance of this Agreement. In the event YMCA fails to obtain such indemnity obligations from others as required here, YMCA agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of YMCA and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against YMCA by reason of this letter, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this section. Please sign where indicated below and return both original signed copies of this letter to the City to acknowledge your acceptance of this agreement. A fully executed copy will be returned to you. 141 YMCA Bill Night | Letter of Agreement Page 3 SIGNED: __________________________________________ _______________ NAME, TITLE Date Southeast Ventura County YMCA __________________________________________ _______________ Troy Brown, City Manager Date City of Moorpark 142