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HomeMy WebLinkAboutRES CC 2007 2635 2007 0919RESOLUTION NO. 2007 -2635 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 2006 -2442 AND ESTABLISHING REVISED PARK FACILITY USE AND RESERVATION FEES AND RELATED RULES WHEREAS, the Parks and Recreation Commission has recommended revisions to the rules and fees governing the park facility use and reservations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. City Council Resolution No. 2006 -2442 (Park Reservation Fee Schedule) is hereby rescinded and replaced with the Resolution herein, upon the effective date of Ordinance No. 12.16. SECTION 2. The general provisions of the Park Facility Reservation Fees and Rules Policy shall read as follows: Section 2.1 Fur pose The purpose and intent of the City Council in adopting the Park Facility Use and Reservation Fees and Related Rules (Rules) is to provide direction to staff and the public relating to the use and rental of City park facilities. 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 "Director" shall mean the Parks, Recreation, and Community Services Director or his /her designee. "Park Permit" shall mean an approved rental application, signed by the Director or his /her designee. "Rental Application" shall mean the City's rental application form. Section 2.3 Enforcement The City Manager or his /her designee is hereby authorized to implement and administer the Policy contained herein. Resolution No. 2007 -2635 Page 2 Section 2.4 Hours No person shall enter or remain in any public park, public open space or public recreation grounds from dusk to six (6:00) a.m. except where otherwise noted without the authorization of the Director or his /her designee in the form of a park permit as required by resolution of the City Council. The exceptions to the dusk closing are as follows: lighted basketball courts, 9:00 p.m.; lighted sports fields, 10:00 p.m., and Arroyo Vista Recreation Center and Gymnasium, 10:00 p.m. when organized activities are scheduled (MMC 12.16.010). Deviations from these hours may be authorized by the City Manager for City sponsored activities. Section 2.5 Park Rental Hours Parks and park facilities must be for rented for a two -hour minimum; all rental time will be rounded to the nearest hour. Parks and park facilities are available for rentals between the hours of 8:00 a.m. to closing (see closing times in Section 2.4 above), with the exception of Arroyo Vista Community Park which may be rented as early as 6 a.m. Section 2.6 Terms of Rental Park facilities are available for private or personal reservation and use by individuals or groups subject to the issuance of a rental agreement (Park Permit), payment of all required fees, and compliance with any other conditions that may be imposed at the City's discretion. All rental applications must be signed by an adult of 21 years or older who shall agree to be responsible for said use. Rental applications submitted by organizations and businesses, must be signed by an authorized representative. Said groups may be required to show proof of signature authority. Park Permits are immediately revocable if false statements have been made in reserving a facility or if an individual or group 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 rental application. Any individual or group wishing to include a vendor(s) selling merchandise or food for their rental activity must include the request on their rental application and secure a vending permit through the Parks, Recreation and Community Services Department. There is an additional rental fee for vendors. If the approved park permit does not include authorization for a vendor who is subsequently on site at the request of the permittee, the subject Park Permit will be cancelled and any fees collected will be retained by the City. Resolution No. 2007 -2635 Page 3 Groups of more than fifty (50) persons will be required to obtain a permit before using any City park facility, unless otherwise specified (see for - profit and filming below). Section 2.7 For - profit and Filming No person or entity shall engage in any for - profit activity or 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, in any City Park without first obtaining an appropriate permit(s) from the City, regardless of the size of the activities or number of participants. Section 2.8 Youth and Adult Tournaments Youth and adult sports tournaments are limited to Arroyo Vista Community Park. Exceptions may be made by the Director for City and City co- sponsored programs, and Moorpark based non profit organizations 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 to minimize any potential inconvenience to the surrounding residents. Section 2.9 Application Window Moorpark City residents and City of Moorpark non - profit organizations may submit rental applications nine (9) months in advance; all other groups may submit rental applications six (6) months prior to the requested rental date. Individuals and groups submitting rental applications more than six (6) months in advance must provide proof of their City of Moorpark residency and /or Moorpark incorporation address. Applications for use submitted any earlier than nine months (9), must be approved by the Director. A non - refundable reservation deposit of $25.00 or an amount equal to the total rental fee, whichever is less, will be charged to secure requested park facility rentals. Reservation will not be processed without the required deposit. Said deposit will be applied toward use fees, which must be paid in full thirty (30) calendar days prior to the rental date. If fees are not paid in full by the specified date, the reservation may be cancelled at the City's discretion. All rental requests are handled on a first come, first served basis in accordance with the resident /non- resident status rule. Requests received less than thirty (30) calendar days may be considered if staff scheduling can be accommodated and all fees paid in full. Rental applications submitted seven (7) calendar days prior to the requested date, if approved by the City, must be paid in full with cash, money order, Resolution No. 2007 -2635 Page 4 cashier's check, or valid /acceptable credit card. No personal checks will be accepted. Payments by personal check must be paid at least fourteen (14) days in advance. All rentals are subject to cancellation by the City in the event of inclement weather, as determined by the Director, or scheduling conflict with a City or City co- sponsored event with no less than 30 -days notice. In such cases, all fees paid will be refunded. Section 2.10 Security Deposits A refundable deposit may be required for an activity to be held in a public park facility. All or a portion of the deposit may be retained for clean up of facilities, any damage to the premises, and any additional staffing not included in the fees paid. Should damage or cleanup expenses exceed the amount of the deposit, the permittee shall be billed for the difference. Section 2.11 Additional Charges Additional charges may be levied beyond the basic rental rate if, in the opinion of the Director, additional security deposit is needed, or staff is needed to set up or clean up, supervise activities, or if the rental request contains unusual activity or accommodation requests. Such determination shall be made by the Director or his /her designee. Section 2.12 Refunds and Credits Park permit fees are non - refundable except under the following conditions: A. Cancellations due to inclement weather, at the City's discretion, or such conditions making the facility unusable. In such cases, the permittee is entitled to a full refund. B. If a cancellation is made 30 days in advance of the rental date, the permittee is entitled to a full refund, less $25. C. In the event of illness, permittee is eligible for a credit for a future rental up to the amount paid, if the City is notified 72 hours in advance. Said credit is only good for six (6) months from the original rental date and subject to availability. It is the responsibility of the permittee to contact the City of Moorpark to cancel the reservation and request a credit before the rental date. Failure to do so will negate any consideration for a credit or rescheduling. Resolution No. 2007 -2635 Page 5 Section 2.13 Non - Profit Organizations Annual Facility Reservation Policy Once each calendar year, a City of Moorpark organization having a non- profit status, may reserve the Arroyo Vista Recreation Center, the Moorpark Community Center, or park facilities to hold one (1) event with only direct staff costs being charged to that organization, so long as the majority of the park remains open to the public. Those events which qualify shall be of a nature whereby the benefit of the event will serve the community and /or involve all those City residents who are interested in this event. Examples for which these procedures may apply include citywide events by Girl or Boy Scouts, service organization events, including fund - raising activities, and special events, such as Country Days, which have a direct benefit to City residents. Regular organizational meetings or activities shall not qualify for this reduced fee. Direct staff costs shall be defined as hourly staff costs, including all personnel benefit costs required for the event. The Parks, Recreation and Community Services Director shall waive the standard rental fees pursuant to these procedures after an eligible organization has submitted: a) A completed Facility Reservation Form; b) a request for fee waiver; and c) proof of non - profit status. One -time events shall further be defined as an event for one day per calendar year, not to exceed twelve (12) hours. City staff shall maintain a record of each organization's request for the one - time -event fee, and shall notify the organization if they have already used their one - time -event option within a calendar year. Moorpark Unified School District (District) one -day events involving three or less hours, such as year -end school parties, the District may request a wavier of rental fees provided a park rental application is submitted and signed, and MUSD provides a signed hold harmless and indemnification agreement in a form approved by the City. Additionally, MUSD must ensure that supervision in a ratio of no less than 1 adult to 30 students is provided at all times during the rental and that the rented facility is cleaned after use. MUSD will be charged for City direct costs associated with the rental, including, but not limited to, lights and electricity, staff time if needed, excessive trash removal, or repair to damaged facilities. Resolution No. 2007 -2635 Page 6 Section 2.14 Right of Appeal A permittee has the right to appeal the decision by City staff to revoke or deny 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) days of receiving your notification. The City Manager or his /her designee will affirm or deny the appeal in five (5) days. Any further appeal must be made in writing to the City Council within ten (10) days upon notification of the decision on the appeal to the City Manager. Section 2.15 Liability In order to rent a City facility, the permittee must agree in writing to hold the City harmless and indemnify the City from liability for injury or death to persons or property occurring as a result of the rental. The permittee also agrees to be liable to the City for damage to the park, equipment, buildings, or facilities arising from its rental activity. If determined necessary by the Director, certain rentals may be required to provide general liability or special event insurance and secure an Endorsement, in a format to be approved by the City, naming the City as an additionally insured on the policy. The City may choose to provide necessary insurance on behalf of the permittee, at the permittee's expense. All for - profit rentals will be required to provide any insurance coverage deemed necessary by the Director. Section 2.16 Use of Special Attractions Activities that create loud or distracting noises are not permitted. Amplified sound is not permitted without an approved Amplified Sound Permit. Such a permit will only be issued for City sponsored or co- sponsored events or events deemed, in the opinion of the Director, to provide a community benefit. Persons permitted to use sound amplification equipment shall do so consistent with the Moorpark Municipal Code. Use of amplified sound without the appropriate permit will be cause to terminate the rental event. In such cases, all fees collected for the subject rental will be retained by the City and the renter will be assessed for any costs incurred to close down the rental activity, including but not limited to City staff and law enforcement personnel. No attractions, machines, or equipment, including, but not limited to: trampolines; pony rides; dunk tanks; pitching machines; carnival rides; remote controlled airplanes and rockets and any other similar devices and projectiles; may be brought into, or used in a City park, with the exception of inflatable attractions with an approved permit, within the parameters detailed below. Resolution No. 2007 -2635 Page 7 Inflatable attractions (example — bounce tent) may be permitted in specified parks under certain conditions. Inflatable devices may only be used in conjunction with the rental of a park pavilion and they must be set- up within 50 (fifty) feet of said pavilion. Inflatable attractions permitted for use cannot exceed 15' x 15' in size and must be enclosed to users for safety purposes. Said 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, provides required insurance naming the City as an additionally insured, as well as maintaining a damage deposit in the amount of $500 on file at all times with the City). Renters requesting the use of an inflatable attraction must identify the specifications of the inflatable attraction (dimensions and design) and the name of the authorized vendor on their rental application. The inflatable device must be self- contained (inflated by a generator) and transported to the park site by a handcart. Vehicles cannot be used to transport or set up special attractions on park turf. 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, and /or turf as applicable. Inflatable attractions are only allowed at Campus Canyon Park, Mountain Meadows Park, Arroyo Vista Community Park, Peach Hill Park, College View Park, Tierra Rejada Park, and Poindexter Park. The use of unauthorized attractions, machines, or equipment and the like, in a City park will result in the cancellation of the park permit. In such cases, all fees collected for the subject rental will be retained by the City and the renter will be assessed for any costs incurred to close down the rental activity including but not limited to City staff and law enforcement personnel. Section 2.17 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 of all decorations and materials. The City shall also pre - approve location and method of installation. Section 2.18 Clean Up It is the responsibility of the permittee, to clean up decorations and debris from their event. In the event that excessive debris is left after the rental, a fee 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. The Director shall make the final decision whether the security /clean up deposit will be returned. In the event the damage resulting from permittee's activity exceeds the security deposit, the City reserves the Resolution No. 2007 -2635 Page 8 right to bill permittee for outstanding expenses. Permittee shall reimburse the City the amount due within 10 days of receipt of invoice. Section 2.19 Responsibility for Damages to the Facility and Equipment The use of nails, staples, screws, etc. on park walls, lights, or other facilities is prohibited. If the facility or any portion thereof, or any equipment shall be damaged, marred or defaced by the act, default or negligence of the permittee, his /her employee or employees, patron, guests, or any person admitted to the event by the renting party, the permittee 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 fifteen (15) calendar days in which to make payment. Section 2.20 Park Rules The permittee, his /her employee or employees, patron, guests or any person admitted to the event by the renting party, is responsible to comply with the Moorpark Municipal Code governing use of parks. Park permits are immediately revocable if any individual or group willfully violates any rule or regulation established by the City. If a park permit is revoked for a said violation, all fees collected for the subject rental will be retained by the City and the renter will be assessed for any costs incurred to close down the rental activity including but not limited to City staff and law enforcement personnel. Section 2.21 Complaints Complaints and comments should be sent to the Director at: City of Moorpark Parks, Recreation & Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 SECTION 3. The Park Rental Group Classifications Section 3.1 Group Classification Definition GROUP 1 City co- sponsored programs. When deemed a community benefit, the City, at its discretion, may co- sponsor an activity or event. Fees may involve the City's direct costs including, but not limited to: City and law enforcement personnel costs, lights and utilities, excess trash collection, security, damage Resolution No. 2007 -2635 Page 9 to park property, or any other out -of- pocket cost incurred by the City. GROUP 2 City of Moorpark residents 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 non - profit tax exempt organizations chartered within the City limits of the City of Moorpark, such as recreation /youth serving organizations, homeowners association meetings, service groups, and churches. Other governmental agencies (the County of Ventura, Moorpark Unified School District, Water Works District I, in which City of Moorpark residents are within the jurisdictional boundaries of those agencies), 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; and City of Moorpark businesses and commercial for profit organizations for activities where no admission fee is charged and no product is sold (i.e.: for recreational purposes). GROUP 4 All other rentals not included in Groups 1, 2, and 3, including but not limited to: City of Moorpark businesses and for - profit organizations conducting business, non City residents not included in Group 3, non Moorpark business and for - profit organizations regardless of the activity. SECTION 4. The Park Rental /Use Fee Schedule shall read as follows: Section 4.1 Fees The City reserves the right to make adjustments or impose additional fees on a case -by -case basis to address rental activities that, in the opinion of the City, could potentially create unusual, extraordinary, or burdensome expense to the City based on the rentals size or nature. Section 4.2 Park Facility Permit Fees A. Ball field (Softball /Baseball): Group 1: Direct Costs Group 2: $10 per hour Group 3: $15 per hour Group 4: $25 per hour Resolution No. 2007 -2635 Page 10 B. Ball field (Softball /Baseball) Preparation - flat fee: Group 1: Direct Costs Group 2: $25 Group 3: $35 Group 4: $45 C. Softball /Baseball Base Rental — flat fee: Group 1: Direct Costs Group 2: $10* Group 3: $15* Group 4: $25* * deposit required D. Ball field (Softball /Baseball) Lights: Group 1: Direct Costs Group 2: $20 per hour Group 3: $25 per hour Group 4: $35 per hour E. Athletic (Soccer /Football) Field: Group 1: No Charge Group 2: $10 per hour Group 3: $15 per hour Group 4: $25 per hour F. Outdoor Basketball Court: Group 1: Direct Costs Group 2: $10 per hour Group 3: $15 per hour Group 4: $25 per hour G. Tennis Court: Group 1: Direct Cost Group 2: $10 per hour Group 3: $15 per hour Group 4: $25 per hour H. Multipurpose Court (AVCP): Group 1: Direct Costs Group 2: $10 per hour Group 3: $15 per hour Group 4: $25 per hour Resolution No. 2007 -2635 Page 11 J Horseshoe Pit: Group 1: Direct Costs Group 2: $5 per hour Group 3: $10 per hour Group 4: $20 per hour Horseshoes: Group 1: Direct Costs — flat fee Group 2: $10* Group 3: $15* Group 4: $20* *Deposit required K. Picnic Pz Group 1: Group 2: Group 3: Group 4: ivilion (Small — 50 people max): No Charge $10 per hour* $15 per hour* $25 per hour* * Deposit required L. Picnic Pavilion (Large —AVCP Pepper Tree, Poindexter Park): Group 1: Direct Costs Group 2: $30 per hour* Group 3: $55 per hour* Group 4: $80 per hour* * Deposit required M. Gazebo: Group 1: Group 2: Group 3: Group 4: Direct Costs $10 per hour* $15 per hour* $25 per hour* * Deposit required N. Open Area: Group 1: Direct Costs Group 2: $10 per hour Group 3: $15 per hour Group 4: $25 per hour O. Snack Bar: Group 1: Group 2: Group 3: Group 4: Direct Costs $15 per hour* $25 per hour* $35 per hour* *Deposit required Resolution No. 2007 -2635 Page 12 P. Electricity (electrical use other than ball field lights): Group 1: Direct Costs Group 2: $5 per hour* Group 3: $10 per hour* Group 4: $20 per hour* *Electricity charge shall be based on the duration of the rental agreement. Q. Inflatable Attractions (must be rented in conjunction with a pavilion): Group 1: Direct Costs Group 2: $10 flat fee Group 3: $15 flat fee Group 4: $25 flat fee Section 4.3 Refundable Security Deposit A. Softball /Baseball Bases Rental: $100 deposit B. Horseshoes: $50 deposit C. Small Pavilion and Gazebo Deposit: $100 D. Large Pavilion Deposit: $200 E. Snack Bar: $500 deposit F. Groups of 200 or more, including sports tournaments, and all for - profit rentals: $500 to $1,000 depending on the size of the group, activity, and rental facility. Section 4.4 Additional Fees A. An additional staffing and deposit fee may be assessed for events of 200 people or more and /or for rentals that, in the opinion of the Director, require staff assistance or coverage, and /or in the opinion of the Police Chief, law enforcement officers. In determining whether or not additional security fees, staff or law enforcement officers are necessary, the City will consider, but not limited to, the following: size of area for rental use, anticipated attendance, nature of the event, time of day, and location of the rental and its compatibility to the surrounding area. Resolution No. 2007 -2635 Page 13 Fee for additional City staff and law enforcement (hourly): Group 1: Direct Costs Group 2: Cost plus 15 percent Group 3: Cost plus 20 percent Group 4: Cost plus 50 percent B. A vending fee will be assessed at the rate of $50.00 per day per approved vendor. C. An administration fee of $5.00 is required to be paid at the time the park use permit is filed for groups 2, 3, and 4. D. For tournaments or events that charge either an admission fee to the general public or an entry fee to participants and have more than 2000 persons attendance throughout the event, an additional fee of the City's actual cost (recycling bin, tonnage) plus 15% will be assessed for the City's recycling program. SECTION 5. The City C!ipK shall certify to th adoption of the resolu * n and shall cause a certified resolutio o be filed in the book of iginal resolu ns. PASSED AND ADOP ED this 19th day of Septemb r, 2007. ATTEST: Maureen Benson, Assistant City Clerk r Resolution No. 2007 -2635 Page 14 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2007 -2635 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of September, 2007, and that the same was adopted by the following vote: AYES: Councilmembers Millhouse, Parvin, Van Dam, and Mayor Hunter NOES: Councilmembers Mikos ABSENT: None ABSTAIN: None 2007. WITNESS my hand and the official seal of said City this 3rd day of October, Maureen Benson, Assistant City Clerk (seal)