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HomeMy WebLinkAbout9 - Amendment to Council Policy I-25 - Public Use of City Facilities(Item 9) September 5, 2000 COMMUNITY SERVICES DEPARTMENT • Arts Ex Cultural - Library - Recreation - Seniors To: Parks, Beaches and Recreation Commission From: Andrea McGuire, Senior Recreation Manager Re: Amendment to Council Policy 1 -25 RECOMMENDATION Approve the following amendments to City Council Policy 1 -25: Public Use of City Facilities REGULATIONS AND RESTRICTIONS M. Any intended use of outside vendors such as bounce houses, entertainment and caterers must be disclosed in the application and if permitted shall comply with insurance procedures as outlined in this policy under Procedure - Section F. FEES, DEPOSITS AND CANCELLATION PROCEDURES A. A security and compliance deposit will be required for all 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 Senior - Recreation Manager or a designated representative and a determination that the facility has not been left clean and /or in good repair or that a group has failed to comply with rules and restrictions such as number limits, noise regulations or outside vendor restrictions. 1. Any permittee that disputes the retention of a deposit for failure to comply with the rules of this policy or the Community Services Department rules may appeal to the Community Services Director in writing in the same manner as appeals to the Parks, Beaches and Recreation Commission are outlined in Council Policy 1 -27. The decision of the CS Director shall be final. PRIORITIES FOR USE C. 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. is 1. Time allocations for use of fields and gymnasiums by Co- sponsored Youth Groups will be based on the number of youth served. Full text of City Council Policy 1 -25, as amended, is attached. Amendment to Council Policy 1 -25 Page 2 • BACKGROUND City Council Policy 1 -25 — Public Use of City Facilities Policy was adopted in 1998 to regulate the use and procedures for City Facilities such as community centers and parks. Since that time, staff has noted an increase in the number of renters who do not comply with regulations and restrictions as set forth in the policy. These breaches has resulted in numerous resident complaints regarding groups that are too large, that have outside vendors or that have live entertainment which was not properly noted on their applications. Community Services has no way to enforce these regulations other than retaining deposits. Although resident complainants are encouraged to notify the Police Department, complaints are usually received after the event /rental is finished (i.e. Monday morning after a weekend rental). Staff is being more diligent about explaining regulations to applicants, however there are still numerous infractions. Community Services processes over 1400 rentals annually with revenue of over $55,000. Renters range from private citizens having picnics and birthday parties to Homeowner Association Meetings. There are 11 co- sponsored youth groups requesting time on fields or in gymnasiums throughout the City. The extra line in the Priorities of Use section helps clarify how these • allocations are assigned, giving groups that serve larger numbers the greater portion of time assigned. In the past years, the Parks, Beaches and Recreation Commission has granted co- sponsorship status to single teams or groups that serve very small numbers of youth. These groups should be allocated time in proportion to their number of youth served. • 2 I -25 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 A. 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. B. Applicants will be required to pay a security deposit in an amount that will promote use of the facilities to Community Services in an orderly manner without damage to the facilities. Security deposit will be refunded upon inspection of facilities and confirmation that no property damage has occurred. C. 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. D. Approval or denial of an application will be provided within five working days of receipt of a completed application. E. 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. F. 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. G. 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. • H. The application must be completed and signed by one of the adults who will attend and supervise the entire event or activities. I -25 REGULATIONS AND RESTRICTIONS • All uses of Community Services facilities will be subject to the following regulations and restrictions: A. 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. B. Smoking is prohibited in all City facilities including restrooms. C. 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 for the duration of the activity. D. No group's activities shall interfere with the administration of the Community Services Department. • E. 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 will be required to submit a financial report following any such activity. F. 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. G. 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. • 2 I -25 H. The use of public address should equipment will be limited to that provided by • the facility, unless written approval has been secured by the Community Services Department through a Special Event Permit. I. Private groups wishing to collect fees, donations or admission charges will be considered commercial users. J. The capacity of City facilities shall not be exceeded. K. Storage space will not be granted to any ongoing activity or uses. L. 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. M. Any intended use of outside vendors such as bounce houses entertainment and caterers must be disclosed in the application and if permitted shall comply with insurance procedures as outlined in this policy under Procedure Section F 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: • A. All official Community Services Department initiated and /or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center. B. All official City of Newport Beach activities. C. 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. 1. Time allocations for use of fields and gymnasiums by Co- sponsored Youth Groups will be based on the number of youth served D. Official public agency sponsored programs and activities not included in A, B, and C above. E. 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. 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. • 3 I -25 F. Recreational or social activities of private Newport Beach residents which are not • open to the public. G. 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 D above. H. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non - profit. I. Others. 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. A. A security and compliance deposit will be required for all ree 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 Direeter Senior Recreation Manager or a designated representative and a determination that the facility has not been left clean and /or in good repair or that a group has failed to comply with rules and restrictions such as number limits, noise regulations or outside vendor restrictions. 1. Anv vermittee that disputes the retention of a deposit for failure to compl with the rules of this policy or the Community Services Department rules may appeal to the Community Services Director in writing in the same manner as appeals to the Parks, Beaches and Recreation Commission are outlined in Council Policy I -27 The decision of the CS Director shall be final. B. A separate additional cleaning fee will be charged for rental of the OASIS Senior Center multi - purpose room. C. 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 I -25 D. 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. E. 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. Adopted - May 26,1998 • 0 5