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HomeMy WebLinkAboutRES CC 2009 2791 2009 0218RESOLUTION NO. 2009 -2791 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING RULES AND REGULATIONS GOVERNING THE RENTAL USE OF CITY FACILITIES AND RESCINDING RESOLUTION NO. 2002- 2027 WHEREAS, the City has established rules and regulations that standardize and govern the rental use of City facilities which are reviewed and revised periodically; and WHEREAS, at its meeting of February 18, 2009, the City Council reviewed and concurred with the proposed revisions to the Rules and Regulations Governing the Rental Use of City Facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. City Council Resolution No. 2002 -2027 (Rules and Regulations for Renting of City Facilities) is hereby rescinded and replaced with the Resolution herein. SECTION 2. POLICY. The general policies of the Rules and Regulations Governing the Rental Use of City Facilities shall read as follows: Section 2.1 Purpose The purpose of these regulations is to provide rules to govern the Rental use of certain City facilities: Community Center, Arroyo Vista Recreation Center and Gymnasium. This shall be done without regard to race, religion, sex, or economic status. Section 2.2 Facilitv Rental Program Administration The Parks, Recreation, and Community Services (PRCS) Department oversees the administration of the City's Facility Rental Program The PRCS Director (Director) or his /her designee will have the authority to approve facility Reservation Applications in accordance with the policies contained herein. Rental Permits are not finalized until the application has been approved in writing by an authorized City representative and all Rental fees paid. Section 2.3 Definitions "Rental" shall mean approved use of a City facility by an individual, organization, or business. "Renter" shall mean the individual, organization, or business responsible for the Rental. Resolution No. 2009 -2791 Page 2 "Reservation Application" shall mean the City's Rental application form. "Rental Permit" shall mean an approved Facility Permit (Arroyo Vista Recreation Center) or Reservation Application (Moorpark Community Center), signed by the Director, allowing use of a City facility by an individual, organization, or business. Section 2.4 Use Priority Certain City facilities may be rented for public 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 business or program operations, the Rental Permit may be canceled. In such an event, the City will make every effort to locate another City facility to accommodate the canceled Rental. 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 Denv a Rental Permit The City may revoke or deny a Rental Permit when it is determined by the Director or his /her authorized designee that the proposed use of the facility 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 herein 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 City facility. Section 2.6 Right to Establish Additional Rules and Conditions The Director may establish additional- .rules, .,regulations, and conditions pertaining to City facilities so long as they are* consistent with these adopted Rules and Regulations and are published in writing. 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 direction for staff and the public relating to the classification of groups and individuals renting City facilities. Section 3.2 Group Classification Definitions Resolution No. 2009 -2791 Page 3 GROUP 1 City co- sponsored programs. When deemed a community benefit, the City, at its sole discretion, may co- sponsor an activity or event. Rental fees may be applied for City incurred costs, including but not limited to, utilities, City and law enforcement personnel costs, security, damage to City property, or any other direct cost incurred by the City. GROUP 2 Residents of the City of Moorpark, certain Moorpark nonprofit organizations, and governmental agencies serving the residents of Moorpark for purposes where an entrance or other fee for participation is not charged and no product is sold for profit, with the exception of a nonprofit organization fundraising event. • The designation of Moorpark resident applies to individuals who live within the incorporated Moorpark City boundary. Proof of residency will be required. • 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 and chartered within the limits of the City of Moorpark. Proof of 501 (C) status will be 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, and agencies of similar status. GROUP 3 Residents of the Moorpark Unified School District boundaries that reside outside of the City's incorporated limits; non Moorpark nonprofit organizations, Moorpark businesses and commercial for - profit organizations for purposes where an entrance or other fee for participation is not charged and no product is sold for profit, with the exception of a nonprofit organization fundraising event. • The designation of resident of the Moorpark Unified School District boundary applies to individuals living within the District boundaries but outside of the City's incorporated limits. Individuals will be required to show proof of address. • 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. • The designation of a Moorpark business and commercial for - profit organization applies to businesses with an established address within the incorporated City of Moorpark and with a current Moorpark Business Registration. Resolution No. 2009 -2791 Page 4 GROUP 4 All other Renters not included in Groups 1, 2, or 3. SECTION 4. RESERVATION APPLICATIONS, RENTAL PERMITS, AND CHARGES. The general policies governing Reservation Applications, Rental Permits, and charges shall read as follows: Section 4.1 Terms of Reservation Applications Reservation Applications for the Rental of a facility 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 4.2 Application Period Moorpark City residents and City of Moorpark nonprofit organizations may submit a facility Reservation Application up to nine (9) months prior to the requested Rental date. All other individuals, organizations, and businesses may submit facility Reservation Applications up to six (6) months prior to the requested Rental date. Any deviations to the application period must be approved by the Director in writing. Individuals and groups submitting Reservation Applications more than six (6) months in advance must provide proof of their City of Moorpark residency or Moorpark nonprofit organization status. Reservation Applications are accepted on a first come, first served basis. Reservation Applications must be submitted at least thirty (30) calendar days in advance of the Rental date. Reservation Applications submitted less than thirty (30) calendar days prior to the Rental date may be considered by the Director or his /her designee. Section 4.3 Rental Fees and Charges Rental fees Will be charged in accordance with the City's Facility Fee Resolution. A holding deposit as identified in the Facility Fee Resolution must be paid at the time of application. The holding deposit will be applied toward Rental fees. All Rental fees must be paid in full thirty (30) calendar days prior to the Rental date. If a Reservation Application is accepted by the Director less than 30 days prior to the Rental date, all Rental fees are due within one business day of notification of acceptance of the Reservation Application. 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 needed to set up, clean up, or supervise activities; law enforcement is 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 or his /her designee. Resolution No. 2009 -2791 Page 5 Section 4.4 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 private 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 • All conditions of the Rental have been met Rental Permits are immediately revocable if false statements or omissions are made on the Reservation Application, or if the Renter, Renter's guest, attendee, employee, vendor, contractor, or subcontractor willfully violates any rule or regulation established by the City. All fees paid shall be retained in the event the Rental is terminated under these circumstances. Future use of City facilities may be denied. Section 4.5 Rental Cancellations Rental cancellations are subject to the following: a. For cancellations received ninety (90) days or more in advance of the Rental date, the City will refund all fees paid less a $25 processing fee. b. For cancellations received between eighty -nine (89) and fifteen (15) days prior to the Rental date, the City will refund all fees paid less any costs incurred by the City, plus a $100 cancellation fee and a $25 processing fee. 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 plus a $25 processing fee. Section 4.6 Refundable Security Deposits Security Deposits are required, in the amounts specified in the Facility Fee Resolution, for all Rentals. All or a portion of the deposit may be retained for excessive clean up of the facility, any damage to the premises, 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. The Renter's cleaning responsibilities are detailed on the Reservation Application. At the Director's discretion, security deposits may be waived when Rental attendance is less than 25 and categorized as a meeting. Resolution No. 2009 -2791 Page 6 Section 4.7 Liabilit All persons to whom Rental Permits are granted must agree in writing to hold the City harmless and indemnify the City from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the Renter, 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 damages result from the activity or are caused by the Renter, Renter's guest, attendee, employee, vendor, contractor, or subcontractor 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 there from. Additionally, the Renter must purchase liability insurance coverage through the City's provider for their Rental with limits of bodily injury and property damage of not less than $1,000,000, and $2,000,000 when beer and wine is served at the Community Center. Businesses and nonprofit organizations may provide their own insurance coverage in the same amount, with the City of Moorpark named as additionally insured. Insurance documentation including certificate of liability insurance and endorsement naming the City as additional insured, and in a format acceptable to the City, must be provided to the City thirty (30) days prior to Rental date. SECTION 5. TERMS OF USE. The general terms of use for City facilities shall read as follows: Section 5.1 Hours Facilities are available for Rental seven days a week from 7:00 a.m. 10:00 p.m. There is a two -hour minimum Rental time. All Rentals serving beer and wine (Community Center only) will be limited to a maximum 5 -hour Rental time for the entire event. When renting a kitchen in conjunction with a room Rental, the hours of both rooms must coincide. Facilities are not available for Rental on City/ rd holidays including but not limited to New Years Day, Memorial Day, July 3 , Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Section 5.2 Kevs Keys to the facility will not be issued under any circumstances. Staff will be available during Rentals to accommodate any access needs by Renter. Section 5.3 Opening and Closing Procedures The City will be responsible for opening and closing rented facilities. City staff will conduct a walkthrough of the facility with the Renter to note any previous unusual damage prior to the use. Resolution No. 2009 -2791 Page 7 Section 5.4 Set U The City shall set up the facility for each Rental based on a diagram provided by the Renter. Set up diagrams shall be provided to the City no less than five (5) calendar days prior to the event. A fee shall be charged for equipment use and set up as specified in the Facility Fee Resolution. 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. The City shall also pre- approve location and method of installation. The use of nails, tacks, scotch /duct tape or staples are not permitted. Decorations and /or any type of wire or cord may not be hung or draped on any light fixture inside /outside the facility. Time for decorating must be included in the Rental time. Section 5.6 Vendors /Contractors Renters must disclose any vendor, contractor, or subcontractor working their Rental including, but not limited to caterer, disc jockey, and entertainer, in the appropriate space on the Reservation Application. Failure to provide the required information will be considered falsification of the Reservation Application and may lead to the revocation of the Rental Permit and the loss of all fees paid including the security deposit. The City reserves the right to require Renter's vendor, contractor, or subcontractor to provide insurance, name the City additionally insured, and to sign a Hold Harmless and Indemnification provision. Vendors and contractors must hold a current Moorpark Business Registration. Section 5.7 Stora e Storage is not available with the exception of use of the refrigerator /freezer, limited to the hours of the permitted Rental. For use of the refrigerator /freezer, the kitchen must be rented and associated Rental fees paid. Section 5.8 Lost or Stolen Items The City is not responsible for lost, stolen, or damaged property belonging to the Renter, Renter's guest and vendors, and any other persons participating in Renter's event. Section 5.9 Clean Up The City shall be responsible for minimal clean up, removal of tables and chairs, and wet mopping and /or vacuuming the floors after the event. The Renter is responsible for moving all of their items at the end of their Rental. Items remaining behind will be disposed of and the staff time required to perform said task will be deducted from Renter's security deposit. Renter shall clear all tables, Resolution No. 2009 -2791 Page 8 remove all decorations, sweep the floor, and place all trash and debris in lined trash cans provided by City. Food and spills on the floors should be cleaned. If any stains remain, costs incurred by the City for professional cleaning will be deducted from the security deposit. If the kitchen is used, the counter must be wiped down and cleaned. If cleanup exceeds one -hour, additional labor time will be deducted from the security deposit at a rate identified in the Facility Fee Resolution. Renter should inspect the area with the assigned City staff person after the event to identify any damages or misuse resulting from the Rental activity. The Director shall make the final decision on what portion of the security deposit will be refunded. A list of specific cleaning tasks and obligations will be provided to Renter with Rental Permit. Section 5.10 Use of Citv EaUlDment Tables, chairs, and other City property may be made available to individuals renting City facilities. Fees for use will be charged in accordance with the Facility Fee Resolution. This equipment is for use inside the facility only. The Renter 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 security deposit consistent with the replacement costs of the equipment. All equipment must be used only for the purpose for which it was intended. Sitting or standing on tables is not permitted. Tables and chairs or other City property shall not be rented or loaned out for any purpose other than as part of an approved facility Rental. Section 5.11 Attendance and Facilitv Capacity Renter agrees to ensure that the number of guests or attendees does not exceed the number declared on the Reservation Application and does not exceed the posted room capacity. Non compliance with this obligation can subject the Rental to cancellation. Section 5.12 Citv Access and ComDliance 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. The City of Moorpark reserves the right of full access to all facilities at any time. Section 5.13 Tips and Gratuities It is against City policy for any 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 would be appreciated. SECTION 6. PROHIBITED OR RESTRICTED ACTIVITIES. Prohibited and restricted activities shall be handled as follows: Section 6.1 Smoking Smoking is prohibited in all City facilities and within twenty (20) feet, or the minimum required by law, whichever is greater, of exterior doors and windows of the buildings. Resolution No. 2009 -2791 Page 9 Section 6.2 Open Flame Devices and Fog Machines All open flame devices and fog machines are prohibited in all City facilities. The PRCS Department shall approve all closed flame devices before use is permitted. Section 6.3 Amplified Sound Svstems Persons wishing to use amplified sound shall make such a request on the Reservation Application and receive written authorization from the City. Persons permitted to use 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 judgment of the City employee on duty and /or the law enforcement personnel and all instructions of such persons shall be complied with immediately. Section 6.4 Gambling Gambling, as defined by any Federal, State, or local law, is prohibited. Section 6.5 Bird Seed, Rice, Straw Use of bird seed, rice, confetti, straw, hay, sand, glitter, and similar materials is prohibited. Section 6.6 Arroyo Vista Gymnasium Restrictions Rental of the gymnasium is restricted to those activities appropriate to take place on hard wood flooring as determined by the Director. Only soft or rubber soled shoes may be worn in the gymnasium. No food or beverages, other than water, are allowed in the gymnasium. Any exceptions must be approved in writing by the Director or Director's designee. Section 6.7 Arroyo Vista Recreation Center Magnolia Conference Room Restrictions This room is restricted to business meetings of Moorpark nonprofit organizations. No food or beverages, with the exception of water, are allowed in the Conference Room. The Conference Room may only be rented during regular facility hours. SECTION 7. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES. The City policy regarding alcohol in conjunction with a facility Rental is as follows: Section 7.1 Arroyo Vista Recreation Center and Gymnasium Consumption of beer and wine is prohibited at the Arroyo Vista Recreation Center and gymnasium, including the parking lot and exterior of the buildings. Section 7.2 Community Center Possession and /or consumption of alcohol is limited to beer and wine only and is permitted at the Moorpark Community Center, subject to the following conditions: Resolution No. 2009 -2791 Page 10 A. Renter must request permission to serve beer and wine and be granted an Alcohol Use Permit, approved by the City. B. Maximum Rental time for all Rentals serving beer and wine may not exceed five (5) hours. C. Dispensing, consumption, and /or possession of beer and wine are allowed in the Moorpark Community Center Citrus Room, Apricot Room, and kitchen only. Beer and wine are not allowed on the patio, in the parking lot, or anywhere else on the premises under any circumstances. D. A State Department of Alcoholic Beverage Control permit shall be required when beer and wine are to be sold. Said permit shall be secured by the Renter, and a copy provided to the PRCS Department no less than ten (10) calendar days prior to the scheduled Rental date. Failure to do so will constitute cancellation of Rental and forfeiture of Rental fees paid. E. Beer and wine shall not be sold or served one (1) hour prior to closing time of Rental. F. The sale or consumption of beer and wine may occur during operating hours only if the function will not disrupt or conflict with City business or programs. G. The Renter shall provide two security guards, from the time beer and wine is served until all guests have vacated City property. The Renter shall pay for all costs related to providing security guards to the security company in advance of the Rental. A copy of the security guard contract and proof of payment shall be provided to the PRCS Department no less than ten (10) calendar days prior to the scheduled event. Failure to do so will constitute cancellation of Rental and forfeiture of Rental fees paid. This cost is in addition to any other facility use fees and deposits charged by the City. H. The Renter must purchase liability insurance coverage through the City's provider for their Rental with limits of bodily injury and property damage of not less than two million dollars ($2,000,000) when beer and wine is served at Moorpark Community Center. Businesses and nonprofit organizations may provide their own insurance coverage in the same amount, with the City of Moorpark named as additional insured. Insurance documentation including certificate of liability insurance and endorsement naming City as additional insured and written in a format accepted to the City, must be provided to the City ten (10) calendar days prior to the Rental date. Failure to do so will constitute cancellation of Rental and forfeiture of Rental fees paid. SECTION 8. SPECIAL CIRCUMSTANCES. Special circumstances with facility Rentals shall be handled as follows: Section 8.1 Right of Appeal A Renter has the right to appeal the decision by City staff to deny or 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) business days of receiving notification of permit denial or revocation, Resolution No. 2009 -2791 Page 11 additional charges levied or the withholding of the security deposit. The City Manager or his /her designee will affirm or deny the appeal in five (5) business days. The decision of the City Manager shall be final. Section 8.2 Suspension of the Rules The PRCS Department administers the use of the facilities. For good cause, rules contained herein may be temporarily suspended and /or modified by the Director as deemed necessary. Section 8.3 Complaints Forward your concerns in writing to: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Director of Parks, Recreation, and Community Services 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 18th day of February, 2009. ATTEST: Maureen Benson, Assistant City Clerk ni S. Parvin, Mayor Resolution No. 2009 -2791 Page 12 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. 2009 -2791 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of February, 2009, and that the same was adopted by the following vote: AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of March, 2009. Maureen Benson, Assistant City Clerk (seal)