HomeMy WebLinkAbout01/06/1998 - PB&R Commission (2)• Agenda Item No. 4
January 6, 1998
To: Parks, Beaches and Recreation Commission
From: LaDonna Kienitz, Community Services Director /City'Librarian
Subject: Facility Use Policy
Recommendation
Approve the proposed Facility Use Policy as prepared by the City Attorney's office.
Background
When the City Policy Manual was reorganized and adopted in totality by the City
Council several years ago, the Facility Use Policy was inadvertently omitted from the
document. The policy provides guidance to staff in the scheduling and rental use of
City facilities and is important to that operation.
The City Attorney's office has provided a current draft of the policy, with input from the
Community Services staff. After approval'by the Commission, it will go to the City
Council for final approval.
•
PUBLIC USE OF CITY FACILITIES
PURPOSE:
• City facilities, which include parks, gymnasiums, community rooms and
swimming pools, are available to the public for civic, social, educational, athletic
and cultural activities. It is the intent of this Policy to provide use regulations and
application and scheduling procedures to accommodate all groups that wish to
use City facilities.
PROCEDURE:
1. Applications to use the City facilities must be made on forms provided by
the Community Services Department. Applicants must provide all
information as may be required by the Department to assure compliance
with the requirements and regulations of this Policy.
2. Applicants will be required to pay a security deposit in an amount that will
promote use of the facilities to the Community Services in an orderly
manner without damage to the facilities. Security deposits will be
refunded upon inspection of facilities and confirmation that no property
damage has occurred.
3. Applicants will be required to acknowledge that neither the City nor the
Community Services Department assumes any liability for injury or loss of
personal property. Prior to the use of the facility, the application must
have approval of the Community Services Director /City Librarian or
designated representative.
4. Approval or denial of an application will be provided within five working
days of receipt of a completed application.
5. Reservations for use of Community Services facilities may be made up to
six months in advance, but no later than five working days before the
event. Any organization using City facilities on an ongoing basis shall
notify the Community Services Department when there is a change of
officers or of organizational policy.
6. The City of Newport Beach is not liable for any and all accidental injury to
any and all persons or loss of damage to group or individual property.
When it is deemed to be in the best interest of the general public, the City
of Newport Beach will require the permittee to furnish a Certificate of
Insurance naming the City of Newport Beach as an additional insured.
The amount of the insurance shall not be less than $1,000,000 per
occurrence of commercial general liability insurance.
. 7. A contract shall not be transferred, assigned or sublet. All contracts will
be issued for specific facilities and for specific hours, and the premises
must be vacated as scheduled.
8. The application must be completed and signed by one of the adults who
will attend and supervise the entire event or activities.
. REGULATIONS AND RESTRICTIONS:
All uses of Community Services facilities will be subject to the following
regulations and restrictions:
1. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the Community Services Department,
except beer and wine may be served for special occasions at the OASIS
Senior Center multi - purpose room when done in compliance with State
Alcohol Beverage Control regulations and approved in writing by the
Community Services Director. Approval to serve beer and wine at the
Oasis Senior Center shall not be deemed to approve service of alcohol in
violation of section 25604 of the Business and Professions code. The
Community Services Director will require the permittee to pay City costs to
provide additional security.
2. Smoking is prohibited in all City facilities including restrooms.
3. For all indoor facility rentals involving young people, 18 years and under,
there shall be at least one adult for every 20 minors, or increments
thereof, in attendance, who shall remain in the facility to supervise for the
. duration of the activity.
4. No group's activities shall interfere with the administration of the
Community Services Department.
5. Non- profit 501 C -3 groups may use the facility for fundraising activities
and charge entrance fees and collect donations provided that a detailed
plan of the event, including the expenses, marketing plan, and procedure
for collecting fees, is submitted with the rental application. The group
treasurer may be required to submit a financial report following any such
activity.
6. Facilities and equipment are to be left in the same condition as they were
prior to the rental. The permittee is responsible to pay for any damage to
property or loss of property. A fee equal to total replacement cost will be
charged. It shall be the responsibility of the permittee to see that
unauthorized portions of the facility are not used. Continued or repeated
use of city facilities will be contingent upon care of the facility, property
and equipment, and observance of all approved rules and regulations.
7. No gambling of any kind shall be conducted on, or in, City facilities, and
• the permittee shall insure that no disorderly or illegal conduct shall be
allowed in any facility.
8. The use of public address equipment shall be limiteded to that provided
by the facility, unless written approval has been secured by the
Community Services Department through a. Special Event Permit.
• 9. Private groups wishing to collect fees, donations or admission charges will
be considered commercial users.
10. The capacity of City facilities shall not be exceeded.
11. Storage space will not be granted to any ongoing activity or uses.
12. All persons using the facilities shall observe and obey regulations of this
policy, the rules of the Community Services Department and all applicable
City, State and Federal laws, rules and regulations.
FEE CLASSIFICATIONS
PRIORITIES OF USE:
Permission for use of City facilities shall be granted on a first come, first served
basis, subject to the following priorities:
1. All official Community Services Department initiated and /or conducted
activities, including those of the Friends of OASIS at the OASIS Senior
Center;
• 2. All official City of Newport Beach activities;
3. All official City co- sponsored groups and /or activities such as community
groups and activities which are non- profit, self governing, privately
organized and- of an educational ,nature which may be brought under the
sponsorship of the Community Services Department;
4. Official public agency sponsored programs and activities not included in 1,
2, and 3 above;
5. Recreational, social or civic activities of groups which are resident
promoted and sponsored by local non - profit* organizations which are
open to the public and have 50% or more of memberships consisting of
Newport Beach residents;
6. Recreational or social activities of private Newport Beach residents which
are not open to the public;
7. Recreational, social or civic activities and /or groups which are non-
resident promoted and sponsored by non - profit organizations which are
• open to the public, but not qualifying under number 4 above;
8. Schools, colleges, hospitals and other similar civic groups not qualifying
under the definition of non - profit;
• 9. Others.
* Non - profit status is defined as an organization that is so defined by the
Internal Revenue Service, § 501(c) (3) and has a State of California Tax
Identification Number.
FEES, DEPOSITS AND CANCELLATION PROCEDURES:
Fees may be charged for the use of City facilities and shall be established and
periodically adjusted by the Parks, Beaches, and Recreation Commission and
approved by the City Council. Fees are imposed to cover overhead, processing,
deposits, maintenance and replacement costs for application and scheduling and
maintenance of the facilities.
1. A security deposit will be required for all room rentals. All or a portion of
the deposit may be retained by the Community Services Department after
inspection of the facility by the Community Services Director or a
designated representative and a determination that the facility has not
been left clean and /or in good repair.
2. A separate additional cleaning fee will be charged for rental of the OASIS
• Senior Center multi - purpose room.
3. No fee or deposit shall be charged for use of City facilities by the City of
Newport Beach, the Friends of OASIS when utilizing the OASIS Senior
Center, or events co- sponsored by the City of Newport Beach or its
departments, with the exception of set -up charges and fees for lighting
usage.
4. Cancellations for any facility other than the OASIS Senior Center multi-
purpose room may occur seventy -two hours prior to the scheduled use of
facilities without forfeiting fees collected by the City, with exception of a
City service refund processing fee. Cancellations with less than seventy -
two hours notice will be charged a $30 cancellation fee. In the event of
cancellation by the City, notice will be given as far in advance of the
scheduled use as possible.
5. Cancellation of rentals by users for the OASIS Senior Center multi-
purpose room that occur less than thirty days prior to the scheduled use of
the facility will be charged 25% of the rental fee. Cancellations with less
than seventy -two hours notice will be charged the entire rental fee.
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