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HomeMy WebLinkAboutRES CC 1999 1582 1999 0317RESOLUTION NO. 99 -1582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 94- 1067 (FEE SCHEDULE AND RULES AND REGULATIONS FOR CITY FACILITIES) AND ADOPTING REVISED RULES AND REGULATIONS GOVERNING THE USE OF CITY FACILITIES. WHEREAS, the City has developed rules and regulations that standardize and govern the use of City facilities; and WHEREAS, Resolution No. 94 -1067 (Fee Schedule and Rules and Regulations For City Facilities) has been reviewed and amended to be more efficient and consistent with the intended use of City facilities; and WHEREAS, at its meeting of March 17, 1999, the City Council reviewed and concurred with the amendments to the Rules and Regulations Governing the Use of City Facilities; and WHEREAS, City Council Resolution No 94 -1067 (Fee Schedule and Rules and Regulations For City Facilities) shall be rescinded and replaced with the Resolution herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. City Council Resolution No. 94 -1067 (Fee Schedule and Rules and Regulations For City Facilities) is hereby rescinded and replaced with the Resolution herein. SECTION 2. POLICY. The general policies of the Rules and Regulations Governing the Use of City Facilities shall read as follows: Section 2.1 Purpose The purpose of these regulations is to provide rules to govern the use of the Moorpark Community Center and Arroyo Vista Recreation Center. This shall be done without regard to race, religion, sex or economic status. Resolution No. 99 -1582 Page 2 Section 2.2 Facilitv Administration The Department of Community Services oversees the administration of the Moorpark Community Center and Arroyo Vista Recreation Center. Section 2.3 Use Priority Reservations for facility use can not be taken over the telephone. All facility rooms may be rented for public use when such use shall not interrupt City business. Use of the Moorpark Community Center and Arroyo Vista Recreation Center is primarily intended for the residents of the City of Moorpark and City based non - profit service organizations for use through City or community programs and private rentals. However, other businesses and organizations may rent the facility on a space available basis. Section 2.4 Use Restrictions The City may cancel or deny the use agreement of any person, group, organization or association when it is determined by the City Council, the City Manager or his /her duly authorized designee that the proposed use of the facility will not be in the best interest of the City. Facility users) not abiding by the rules and regulations contained herein may be suspended from use of the facility and all fees and deposits paid, forfeited. Also, future use of City facilities may be denied. SECTION 3. FACILITY RENTAL GROUP CLASSIFICATIONS. The facility rental group classifications shall read as follows: Section 3.1 Purpose The purpose and intent of the City Council in adopting the Facility Rental Group Classifications shall be to provide directory guidelines for staff and the public relating to the classification of groups and individuals renting City facilities. City sponsored programs shall have priority use over all reservation requests. Section 3.2 Group Classification Definitions GROUP 1 City sponsored programs or co- sponsored programs. Resolution No. 99 -1582 Page 3 GROUP 2 Residents of the City of Moorpark and organizations that are tax exempt under Section 501(C)(3) of the U.S. Revenue Code chartered within the City limits of the City of Moorpark, and other qualifying non - profit organizations. This includes such uses as recreation /youth serving organizations, Homeowners Association meetings and political fund - raisers for the City of Moorpark elections or other political offices where the candidate is a City resident. Other governmental agencies (the County, School District, for example), and their commissions, boards or departments. GROUP 3 Residents of the Moorpark Unified School District boundaries that reside outside of the City limits; non - profit service organizations not covered under Group 2. GROUP 4 City of Moorpark organizations, organizations. businesses and for profit and non -City non - profit GROUP 5 Non City businesses. SECTION 4. RENTAL APPLICATION. The general policies governing rental applications shall read as follows: Section 4.1 Terms of Rental The Community Center and Arroyo Vista Recreation Center are available for the reservation and use of individuals or groups subject to the issuance of a permit and payment of fees. All applications must be signed by an adult (21 years of age or older) who shall agree to be responsible for said use, meet all conditions required and pay all fees as required. Permits are immediately revocable if false statements are made in reserving a facility or if an individual(s) or group(s) willfully violates any rule or regulation established by the City. Fees shall be retained in the event the activity is terminated due to the violation of any rule or regulation, or the falsification of the application. Fees will be retained in the event the Resolution No. 99 -1582 Page 4 activity is terminated due to violation of any rule or regulation, or the falsification of the application. Rental of the Arroyo Vista Recreation Center Gymnasium is restricted to those activities designed to be held in a gymnasium as determined by the Director of Community Services. Youth sports organizations based in the City of Moorpark whose primary purpose is to serve Moorpark youth and whose activities are designed to be played in a gymnasium (e.g., basketball and volleyball) may reserve the gymnasium for a period of time not to exceed three (3) months, provided these reservations do not conflict with City sponsored activities and may be subject to preemption by City sponsored activities on occasion. The Director of Community Services may promulgate other rules and regulations pertaining to the gymnasium, so long as they are consistent with these adopted Rules and Regulations and are published in writing. Section 4.2 Application Window Applications for the use of Moorpark Community Center and Arroyo Vista Recreation Center may be made up to 6 (six) months prior to the event. Applications for use submitted any earlier must be approved by the Director of Community Services or his /her designated representative. A deposit as identified in the fee structure is required to secure the reservation. The deposit will be applied toward use fees, which must be paid in full thirty (30) calendar days prior to the rental date. All requests are handled on a first come, first served basis. An application for use must be made at least thirty (30) calendar days in advance of the day of intended use. Requests received less than thirty (30) calendar days may be considered by the Director of Community Services, or his /her designated representative. A fee may be levied on rentals providing less than 14 (fourteen) calendar days notice. Section 4.3 Rental Cancellations Any group or individual finding it necessary to cancel a reservation must do so in writing to the Community Services Department at least thirty (30) calendar days prior to the reservation date. Cancellations with thirty (30) calendar days or more notice are refunded all fees paid, less the Resolution No. 99 -1582 Page 5 cancellation fee. A cancellation with less than thirty (30) calendar days notice will be refunded in full, less an additional cancellation fee as specified in the Facility Fee Resolution. Section 4.4 Approval of Application The Community Services Director or his /her designated representative will have the authority to approve applications in accordance with the policies contained herein. Rentals are not confirmed until the application has been approved in writing by authorized staff. Section 4.5 Suspension From Use Facility users) not abiding by the rules and regulations contained herein may be suspended from use of the facility and all fees and deposits paid, forfeited. Also, future use of City facilities may be denied. Section 4.6 Liability All persons to whom use permits are granted must agree in writing to hold the City harmless and indemnify City from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the renting party, and said person shall be liable to the City for any and all damages, to parks, equipment, and buildings owned or controlled by the City, which result from the activity or are caused by any participant in said activity. The City shall approve the form of the Indemnification and Hold Harmless. A person exercising any of the privileges authorized by this policy does so at his /her own risk without liability on the part of the City of Moorpark for any injury to persons or property resulting therefrom. Additionally, the renting party must provide liability insurance coverage for their event with limits of bodily injury and property damage of not less than $500,000, and $1,000,000 when alcohol is served at Moorpark Community Center, with the City named as additionally insured. An endorsement of insurance is required prior to the rental. SECTION 5. TERMS OF USE. The general terms of use for City facilities shall read as follows: Resolution No. 99 -1582 Page 6 Section 5.1 The facility 7:00 a.m. to rental time. considered. Section 5.2 Hours is available for 12:00 midnight. A waiver of Keys rental seven days a week from There is a two -hour minimum the two -hour minimum can be Keys to the facility will not be issued under any circumstances. Staffing will be available during use to accommodate any access needs by groups. Section 5.3 Opening and Closing Procedures The Community Services staff or their designated representatives will be responsible for opening and closing for all rentals. The renting party should check the area rented with the assigned City staff person and note any previous unusual damage prior to the use. Section 5.4 Set Up The City shall set up the facility for each event based upon diagram provided by the renting party. A flat rate calculated on the size of the group and group classification is charged for set up. Set up diagrams shall be provided to the City no less than five (5) calendar days prior to the event. Section 5.5 Decorations 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 and all decorations and materials. The City shall also pre- approve location and method of installation. The room may be decorated prior to the rental time if there is no rental conflict, the activity takes place during the facility's regularly open hours and staff is on duty. Otherwise, decoration time should be included in the rental time. Resolution No. 99 -1582 Page 7 Section 5.6 Clean Up The City shall be responsible for minimal clean up and take down of table and chairs in the facility after the event, but should not exceed one hour, except for the kitchen, which will be the responsibility of the renting party, excluding the kitchen floor. If clean up exceeds one -hour, additional labor time will be deducted from the security /clean up deposit at a rate of no less than the City's direct cost as identified in the applicable fee schedule. Also, the renting party should inspect the area with the assigned City staff person after the event for damages or misuse. The Director of Community Services shall make the final decision whether security /clean up deposit will be returned. Section 5.7 Use of City Equipment Tables, chairs and other City property may be made available to individuals renting City facilities. This equipment is for use inside the facility only and shall not be taken outside. The renting party is subject to an equipment use and set up fee and, is responsible for the condition of the City equipment at the end of the rental. Damage to City equipment will result in a deduction from the deposit consistent with the replacement costs of the equipment. Tables and chairs or other City property shall not be rented or loaned out for any purpose other than City sponsored events or used except as part of an approved use of the Moorpark Community Center and Arroyo Vista Recreation Center. Section 5.8 Responsibility for Damages to the Facilit and Equipment The use of cellophane tape, adhesive tape, nails, staples, screws, etc. on tables, chairs, walls, lights or other facilities is not permitted. Masking tape may be used on paneling and tables only and must be removed immediately following its use. Glitter, confetti and similar substances are not permitted. If the facility or any portion thereof, or any equipment shall be damaged, marred or defaced by the act, default or negligence of the renting party, his /her employee or employees, patron, guests or any person Resolution No. 99 -1582 Page 8 admitted to the facility by the renting party, the renting party will pay to the City from the cleaning /damage deposit such sums as the City shall determine to be necessary to restore the facility or such equipment to its condition prior to such damage. Should charges exceed the amount on deposit, the renting party shall be billed for the difference and allowed thirty (30) calendar days in which to make payment. SECTION 6. PROHIBITED OR RESTRICTED ACTIVITIES. Prohibited and restricted activities shall be handled as follows: Section 6.1 Smoking Smoking is prohibited in all rooms of the Community Center and Arroyo Vista Recreation Center at all times. Section 6.2 Alcoholic Beveraaes Consumption of alcoholic beverages is prohibited at Arroyo Vista Recreation Center. Possession and /or consumption of alcoholic beverages is permitted at the Moorpark Community Center, subject to the following conditions: A. Dispensing, consumption and /or possession of alcoholic beverages are allowed in the Moorpark Community Center Citrus Room, Apricot Room, kitchen, and patio areas only. Alcoholic beverages are not allowed in the parking lot. B. A State Department of Alcoholic Beverage Control permit shall be required when alcoholic beverages are to be sold. Said permit shall be secured by the applicant, and a copy provided to the Moorpark Community Services Department no less than five (5) calendar days prior to the scheduled date of event. Failure to do so will constitute cancellation of event and forfeiture of rental fees previously paid. C. Alcoholic beverages shall not be sold or served one (1) hour prior to closing time of event. Resolution No. 99 -1582 Page 9 D. The sale or consumption of alcoholic beverages may occur during operating hours only if the function will not disrupt or conflict with the general programming of the Center. E. The renting party shall provide two security guards to be hired from the time alcohol is served until all guests have vacated City property. Proof that security guards have been hired must be provided no less than 2 (two) weeks prior to the event. The applicant shall pay for all costs related to providing security guards to the security company in advance of the event. A copy of the security guard contract and proof of payment shall be provided to the Community Service Department no less than ten (10) calendar days prior to the scheduled event. Failure to do so will constitute cancellation of event and forfeiture of rental fees previously paid. This cost is in addition to any other facility use fees and deposits. F. The renting party must provide the City with a certificate of insurance in the amount of one million dollars ($1,000,000) with the City of Moorpark named as additional insured. Section 6.3 Open Flame Devices and Fog Machines All open flame devices and fog machines are prohibited in the facility. The Community Services Department shall approve all closed flame devices before use is permitted. (Title 19; Article 6; Section 624 of the California State Administrative Code). Section 6.4 Amplified Sound Systems Any amplified sound system shall require an Amplified Sound Permit. Persons using sound amplification equipment shall keep the sound level of such equipment at a reasonable level to avoid disturbing nearby residents. The determination of a reasonable sound level shall be the judgement of the City employee on duty and/or the Sheriff's Department, and all instructions of such persons shall be complied with immediately. Resolution No. 99 -1582 Page 10 Section 6.5 Gambling Gambling is prohibited without the express approval of the City Council. This includes any game of skill or chance played with cards, dice or any other device for money, checks, credit or any other representative item of value. Section 6.6 Arroyo Vista Gymnasium Restrictions Gym rental is restricted to groups of 533 persons or less. Only soft or rubber soled shoes may be worn on the gymnasium wood floor. The Director of Community Services may promulgate other rules and regulations pertaining to the gymnasium, so long as they are consistent with these adopted Rules and Regulations and are published in writing. SECTION 7. SPECIAL CIRCUMSTANCES. Special circumstances to facility rentals shall be handled as follows: Section 7.1 Right of Appeal A permittee has the right to appeal the decision by City staff to revoke a 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 within five (5) calendar days of receiving your notification. The City Manager or his /her designee will affirm or deny the appeal in five (5) calendar days. Any further appeal must be made in writing to the City Council within ten (10) calendar days upon notification of the decision on the appeal. Such appeal shall be considered within thirty (30) calendar days. In the event of an appeal of an administrative decision regarding use or policy, the appeal shall be filed in writing, clearly stating the reason(s) therefore, and shall be processed as follows until resolved by: 1. Community Services Director - decision appealed to; 2. City Manager - decision appealed to; 3. City Council - decision shall be final. No appeal will be valid until it has been submitted and considered in the above listed order. Resolution No. 99 -1582 Page 11 Section 7.2 Suspension of the Rules The Community Services Department administers the use of the facilities. For good cause, rules contained herein may be temporarily suspended and /or modified by the Director of Community Services as deemed necessary. Section 7.3 Complaints Forward your concerns in writing to: City of Moorpark Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 SECTION 8. 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 17th day-T7-� March, 1999. ATTEST: Deborah S. Traffens edt, City Clerk atrick Hurter, Mayor Resolution No. 99 -1582 Page 12 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1582 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of March, 1999, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Harper, Rodgers, Wozniak WITNESS my hand and the official seal of said City this 19th day of May, 1999. Deborah S. Traffenste t, City Clerk (seal)