MOORPARK CITY COUNCIL AGENDA REPORT

MOORPARK CITY COUNCIL AGENDA REPORT

TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Stephanie Anderson, Recreation Services Manager DATE: 01/15/2020 Regular Meeting SUBJECT: Consider an Ordinance Repealing and Replacing in its Entirety

Section 12.16.190 of Chapter 12.16, Parks and Open Space, of Title 12, Streets, Sidewalks and Public Places, of the Moorpark Municipal Code; Consider a Resolution Revising the Rules and Regulations Governing City Facility Rentals and Rescinding Resolution No. 2019-3842; and Consider a Resolution Revising Facility Rental Fees, Deposits, and Additional Charges and Rescinding Resolution No. 2019-3843

BACKGROUND AND DISCUSSION

On September 4, 2019, the Council approved revised rules for City facility rentals. Some of the more significant changes included combining the separate indoor facility and outdoor park facility resolutions into a single rules resolution, redefining the Group Classifications to allow for more low or no cost rental opportunities for Moorpark non-profit organizations and governmental agencies, adding rules and restrictions for rental use of the recreational trail at Arroyo Vista Community Park, and establishing rules and restrictions for service and sales of alcoholic beverages at City facilities. Also noted in the report was staff’s intention to return to Council in the near future regarding rental use of the Skatepark at Poindexter Park.

As described in that report, staff believes that there are certain advantages that limited organized rentals would bring to the Skatepark. For instance, it would provide another activity or event that Moorpark residents can participate in. Additionally, limited rental of the facility for classes and/or camps will provide Moorpark youth with an opportunity to learn how to safely navigate the challenges of the Skatepark.

Currently, rental use of the Skatepark is prohibited by Moorpark Municipal Code (MMC) 12.16.190 Skate facility, which includes the following language:

Item: 9.G.

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Honorable City Council 01/15/2020 Regular Meeting Page 2

F. No private rental of a skate facility is permitted.

G. No formal or organized contests or activities of any kind shall be held in a skate facility with the exception of a city-sponsored event.

In order to allow rental use of the skate park, changes to the MMC are required. Terms F. and G. will be deleted from Section 12.16.190, and changes to D., H., and I. will be made to include permitted rentals along with City sponsored events. Following are the proposed revisions to MMC Section 12.16.190, as shown using legislative format:

“12.16.190 Skate facility.

The following provisions for skate facility use are in addition to the other requirements of this chapter. Section 12.16.020, Hours of operation, Section 12.16.040, Animal control, and Section 12.16.160, Requirement and enforcement of park rental permits, are modified by the following skate facility use requirements.

A. Only individuals riding skateboards, roller skates, and in-line skates are authorized to use the city’s skate facility. No bicycles, scooters, or motorized vehicles are permitted to be operated in the skate facility.

B. All users of the city’s skate facility must wear protective gear including helmet, elbow pads, and knee pads at all times while using said facility. Appropriate signage shall be displayed at the skate facility informing users of the requirement to wear such protective gear and that a user failing to do so will be subject to citation pursuant to Section 12.16.230.

C. Skate facility age restrictions for users may be established by city council resolution.

D. Skate facility hours of operation and provisions for closure for city-sponsored events, permitted rentals, or for potentially hazardous conditions shall be established by city council resolution, and hours of operation for a skate facility may vary from the hours of operation established by Section 12.16.020. The City Council may also establish, by resolution, a fee for the use and/or rental of the skate facility.

E. No person owning or having charge, care, custody or control of any dog, livestock, or other animal shall cause, permit, or allow the same to be brought into, allow to be loose within, or run at large upon the skate facility. Even with a chain or leash, such animals are prohibited within the skate facility.

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F. No private rental of a skate facility is permitted.

G. No formal or organized contests or activities of any kind shall be held in a skate facility with the exception of a city-sponsored event.

H.F. Ramps, jumps, or other obstacles, equipment, or structures may not be brought into the skate facility, unless written approval is obtained from the city manager or designated representative except in conjunction with a city-sponsored event or if such equipment is approved on a rental permit.

I.G. All food and beverages are prohibited in a skate facility except water in a plastic bottle or container, unless written approval is obtained from the city manager or designated representative except in conjunction with a city sponsored event or if food or beverages are approved on a rental permit.”

In addition to changes to the MMC, changes to the rental rules and fees resolutions will be made. These changes will include adding restrictions to the type and frequency of Skatepark rentals in the rules resolution, and adding rental fees for the Skatepark to the fees resolution. In order to balance the desire to keep the Skatepark open to the public with the goal of allowing private rentals for the purpose of providing additional recreational opportunities to the community, the following restrictions will apply to rentals of the Skatepark:

• Filming: Filming is restricted to the hours between 8:00 a.m. and 3:00 p.m. Monday through Friday when school is in session. The Rental Permit will be for exclusive use of the facility and the facility will be closed to the general public.

• Camps, Classes, and Lessons: Camps, classes, and lessons are restricted to Saturdays and Sundays between 8:00 a.m. and 10:00 a.m. year-round, and Monday through Friday from 8:00 a.m. to 12:00 p.m. when school is not in session. The maximum total attendance allowed is fifteen (15). Only one (1) Rental is permitted per day. The Rental Permit will not include exclusive use, and the Skatepark will remain open to the general public.

• Events: Events are limited to once per quarter (defined as Winter: December / January / February, Spring: March / April / May, Summer: June / July / August, and Fall: September / October / November), and each Renter is limited to two (2) Rentals per year. The event must be open to the general public, but may include an entrance or participation fee. The Rental Permit will be for exclusive use of the facility and the facility will be closed to the general public.

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Honorable City Council 01/15/2020 Regular Meeting Page 4 The fees are differentiated based on the type of rental use, and whether the Skatepark remains open to the public during the rental time. The fees for rental use of the Skatepark will be as follows:

Park Rental Description Group 1 Group 2 Group 3 Group 4 Skatepark (lessons, camps, classes) Direct Costs $25 $35 $50 Skatepark (events, exclusive use) Direct Costs $100 $150 $200

In addition to the changes relating to the Skatepark, other minor changes have been made to the rules and fees. Minor changes to the rules include changing the attendance threshold for requiring a rental permit to twenty-five (25) for all parks, adding poor air quality to the same category as inclement weather for cancellations, and allowing more lead time in cancellations of tournaments and large events for inclement weather forecasts. Changes to the fees include the addition of a late application fee and reservation change fee. The City Attorney has reviewed the attached draft ordinance amending Section 12.16.190 of Chapter 12.16 of the MMC. ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. The Ordinance merely authorizes the City to rent its skate park for limited private and public use and makes other minor changes to the manner in which the skate park is operated. The Ordinance does not otherwise change the use or authorize any new development or redevelopment of skate parks. FISCAL IMPACT No fiscal impact with the introduction of this ordinance. The proposed change would potentially increase rental income due to increased rental activity. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Introduce Ordinance No. _____ for first reading, waive full reading, and place this

Ordinance on the agenda for the February 5, 2020, meeting for purposes of providing second reading and adoption of the ordinance; and

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2. Approve Resolution No. 2020-____, Rules and Regulations Governing City

Facility Rentals, rescinding Resolution No. 2019-3842; and 3. Approve Resolution No. 2020-_____, Facility Rental Fees, Deposits, and

Additional Charges and Rescinding Resolution No. 2019-3843. Attachment 1: Draft Ordinance No. ___ Amending 12.16.190 of the Moorpark

Municipal Code Attachment 2: Draft Resolution No. 2020-____ in Legislative Format Adopting Rules

and Regulations Governing City Facility Rentals and Rescinding Resolution No. 2019-3842

Attachment 3: Draft Resolution No. 2020-____ in Legislative Format Adopting Facility Rental Fees, Deposits, and Additional Charges and Rescinding Resolution No. 2019-3843

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING AND REPLACING IN ITS ENTIRETY SECTION 12.16.190 OF CHAPTER 12.16 (PARKS AND OPEN SPACE) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION UNDER CEQA

WHEREAS, the City Council has determined that Section 12.16.190 (Skate facility) of Chapter 12.16 (Parks and Open Space) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code should be revised; and WHEREAS, the Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. This Ordinance merely authorizes the City to rent its skate park for limited private and public use and makes other minor changes to the manner in which the skate park is operated. The Ordinance does not otherwise change the use or authorize any new development or redevelopment of skate parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed the Community Development Director’s determination that this Ordinance is exempt from CEQA and concurs that the Ordinance does not have the possibility of having a significant effect on the environment and is therefore exempt from CEQA. SECTION 2. Section 12.16.190 of Chapter 12.16 of Title 12 of the Moorpark Municipal Code is hereby replaced in its entirety to read as follows:

“12.16.190 Skate facility. The following provisions for skate facility use are in addition to the other requirements of this chapter. Section 12.16.020, Hours of operation, Section 12.16.040, Animal control, and Section 12.16.160, Requirement and enforcement of park rental permits, are modified by the following skate facility use requirements. A. Only individuals riding skateboards, roller skates, and in-line skates are authorized to use the city’s skate facility. No bicycles, scooters, or motorized vehicles are permitted to be operated in the skate facility.

ATTACHMENT 1

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Ordinance No.____ Page 2

B. All users of the city’s skate facility must wear protective gear including helmet, elbow pads, and knee pads at all times while using said facility. Appropriate signage shall be displayed at the skate facility informing users of the requirement to wear such protective gear and that a user failing to do so will be subject to citation pursuant to Section 12.16.230. C. Skate facility age restrictions for users may be established by city council resolution. D. Skate facility hours of operation and provisions for closure for city-sponsored events, permitted rentals, or for potentially hazardous conditions shall be established by city council resolution, and hours of operation for a skate facility may vary from the hours of operation established by Section 12.16.020. The City Council may also establish, by resolution, a fee for the use and/or rental of the skate facility. E. No person owning or having charge, care, custody or control of any dog, livestock, or other animal shall cause, permit, or allow the same to be brought into, allow to be loose within, or run at large upon the skate facility. Even with a chain or leash, such animals are prohibited within the skate facility. F. Ramps, jumps, or other obstacles, equipment, or structures may not be brought into the skate facility, except in conjunction with a city-sponsored event or if such equipment is approved on a rental permit. G. All food and beverages are prohibited in a skate facility except water in a plastic bottle or container, except in conjunction with a city sponsored event or if food or beverages are approved on a rental permit.”

SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption.

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Ordinance No.____ Page 3

SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ___ day of _______, 2020. ______________________________

Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk

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RESOLUTION NO. 2020-____

A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REVISING RULES AND REGULATIONS GOVERNING CITY FACILITY RENTALS AND RESCINDING RESOLUTION NO. 2019-3842

WHEREAS, the City previously adopted Resolution No. 2019-3842, which established rules and regulations governing City facility rentals; and

WHEREAS, at its meeting of January 15, 2020, the City Council reviewed and concurred with the amendments to the Rules and Regulations Governing City Facility Rentals; and

WHEREAS, Resolution No. 2019-3842 shall be rescinded and replaced with the revised Resolution herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. City Council Resolution No. 2019-3842 is hereby rescinded upon the effective date of this Resolution.

SECTION 2. The revised Rules and Regulations Governing City Facility Rentals (Rules) are as follows:

Section 2.1 Purpose The purpose and intent of the City Council in adopting the Rules is to provide direction to staff and the public relating to the use and rental of City facilities, including indoor and outdoor facilities in parks and at the Moorpark Community Center. 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 “City” shall mean the City of Moorpark. “Director” shall mean the Parks and Recreation Director or his/her designated representative. “Facility” shall mean a rentable indoor or outdoor City property area, not including City public right-of-way subject to the City’s encroachment ordinance. Examples

ATTACHMENT 2

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Resolution No. 2020-____ Page 2

of a City facility include a room in a City building, an outside area in a park, and a structure or amenity, such as a play field, walking trail, or parking area. “Rental” shall mean approved use of a Facility by an individual, organization, or business. “Renter” shall mean the individual, organization, or business responsible for the Rental. Renter must complete the Reservation Application and other required documentation, pay all required fees, provide or pay for insurance (if required), and be present for the duration of the Rental. “Reservation Application” shall mean the City’s Rental application form. “Rental Permit” shall mean an approved, written Rental Permit issued by the Director, allowing rental use of a Facility.

Section 2.3 Facility Rental Program Administration The Parks, Recreation, and Community Services Department oversees the administration of the City’s Facility Rental Program. The Director or his/her designee will have the authority to approve Reservation Applications in accordance with the policies contained herein. Rental Permits are not finalized until the application has been approved in writing and all required Rental fees, deposits, and charges are paid in full and all conditions have been met. Section 2.4 City Use Priority Certain City Facilities may be rented for private 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 City business or program operations, the Rental Permit may be canceled. In such an event, the City will make every effort to accommodate the canceled Rental at a different location or on a different date, if feasible. 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 Deny a Park Rental Permit

The City may revoke an issued Rental Permit or deny a Reservation Application, when it is determined by the Director that the proposed use of the Facility is not consistent with the intended use of the park or building, or the use will not be in the best interest of the City.

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A Rental Permit may be revoked or denied for violation of any rule or regulation contained in the Moorpark Municipal Code, State law, or established by this Resolution 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 Facility as determined by the Director at his/her sole discretion. Section 2.6 Right to Establish Additional Rules and Conditions The Director may establish additional rules, regulations, and conditions pertaining to City Facilities and Rentals, so long as such requirements are consistent with this Resolution and Chapter 12.16 of the Moorpark Municipal Code, and are published in writing. SECTION 3. FACILITY RENTAL GROUP CLASSIFICATIONS. Rental group

classifications shall be as follows:

Section 3.1 Purpose The purpose and intent of the City Council in adopting the 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 GROUP 1: Governmental agencies directly serving City residents when the Rental use is of direct benefit to City residents, and Moorpark 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 within the limits of the City of Moorpark or with an official branch or chapter located within the City of Moorpark, when all of the following apply:

• The Rental is intended for, and open to, the general public. • No admission or entry fee is charged to attend the Rental. • The Rental spans no more than three (3) consecutive days, and is held no

more than once per year. • Rental attendance is less than 2,000 people.

GROUP 2: City residents and businesses for noncommercial purposes (no entrance fees or sales), certain nonprofit organizations based in the City of Moorpark, and governmental agencies serving the residents of the City of Moorpark, when the rental does not comply with the requirements of Group 1.

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• The designation of City of Moorpark resident applies to individuals who live within the incorporated Moorpark City boundary. Proof of residency is required. The designation of a Moorpark business applies to businesses with a physical address (no post office boxes) within the incorporated City of Moorpark boundary and with a current Moorpark Business Registration.

• 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 chartered within the limits of the City of Moorpark, or with an official branch or chapter located within the City of Moorpark. Proof of 501 (C) status is 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, Ventura County Superintendent of Schools, and agencies of similar status as determined at the Director’s sole discretion.

• For park field rentals, a minimum of 51% of those attending the rental must be City of Moorpark residents in order for the Renter to be classified under Group 2.

GROUP 3: Residents of the Moorpark Unified School District boundaries that reside outside of the City’s incorporated limits, Moorpark businesses for commercial purposes, and non-Moorpark nonprofit organizations.

• The designation of residents of the Moorpark Unified School District

boundary applies to individuals living within the District boundaries but outside of the City’s incorporated limits. Proof of address is required.

• 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 and with no official chapters or branches located within the City of Moorpark.

• The designation of a Moorpark business applies to businesses with an established address within the incorporated City boundary and with a current Moorpark Business Registration.

GROUP 4: All other Renters not included in Groups 1, 2, or 3.

SECTION 4. RESERVATION APPLICATIONS AND RENTAL PERMITS. The

general policies governing Reservation Applications and Rental Permits are as follows: Section 4.1 Rental Permits Required An approved Rental Permit is required for the following rental use:

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• Any rental for which a reservation application for exclusive use is submitted.

• Private use of an indoor room. • Any activity with twenty-five (25) or more total people in attendance at

Arroyo Vista Community Park or fifteen (15) or more total people in attendance at all other parks or other City property. Attendance includes all participants and spectators at the Rental.

• An activity that is held on City property on a regular or re-occurring basis (once per week or more frequently, regardless of location) involving ten (10) or more total people in attendance and that is associated with any business or organization.

• Any fee or cost based activity, whether conducted by a for-profit, non-profit, or individual. This includes any activity for which monies are paid or collected, regardless of whether or not monies are paid or collected at the Rental location. This definition includes but is not limited to fund-raisers, private classes or lessons, and sports league activity.

• 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 only.

• Use of amplified sound. • Possession or consumption of alcoholic beverages at a City Facility. • Use of equipment (as defined in Section 5.3), attractions, or performers. • Any organized use of the Skatepark, including classes, camps, and

lessons. Section 4.2 Terms of Reservation Applications Reservation Applications 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 4.3 Application Period

Reservation Applications are accepted on a first come, first served basis. Any deviations to the application period must be approved by the Director in writing. Group 1 and Group 2 renters may submit a Reservation Application up to nine (9) months prior to the requested Rental date, and Group 3 and Group 4 renters may submit facility Reservation Applications up to six (6) months prior to the requested Rental date, except as described below.

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For athletic fields at Arroyo Vista Community Park, Campus Canyon Park, Mammoth Highlands Park, and Miller Park, a Reservation Application may be submitted no earlier than (all Groups):

Use Date: Submit Application: March 1-May 31 After February 15 August 15-December 31 After July 15

For ball fields at Arroyo Vista Community Park and Poindexter Park, a Reservation Application may be submitted no earlier than (all Groups):

Use Date: Submit Application: February 1-June 30 After January 15 August 1-November 30 After July 15

Reservation Applications for Rentals that require insurance as determined by the Director, have attendance of 200 or more people, or are for an indoor Facility, must be submitted at least thirty (30) calendar days in advance of the Rental date. Reservation Applications for all other Rentals must be submitted at least five (5) business days in advance of the Rental date. Section 4.4 Rental Fees, Deposits, and Additional Charges Rental fees will be charged in accordance with the Moorpark City Council Resolution Establishing Rental Fees, Deposits, and Additional Charges. Fees must be paid according to the Payment Schedule in the adopted Resolution. Failure to pay Rental fees by the required date may result in the loss of any deposit and cancellation of the Rental. 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/are needed to set up, clean up, or supervise activities; police services are 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. Section 4.5 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 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; and • All conditions of the Rental have been met.

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Standard conditions of approval for all Rental Permits are as follows: • Renter, or if Renter is an organization or business, Renter’s duly

authorized representative(s) shall be present at all times during the Rental.

• Renter shall sign a hold harmless and indemnification agreement, as approved by the Director, and as incorporated into the Rental Permit.

• Rentals requiring insurance include, but are not limited to, athletic games and tournaments, Rentals with 200 or more people in attendance, Rentals with vendors or food sales, Rentals with attractions, Rentals of indoor facilities, Rentals with alcoholic beverages, and other higher risk rentals as determined by the Director based on a recommendation from the City’s insurance provider. If determined by the Director that insurance is required as a condition of the Rental, the Renter must provide general liability insurance coverage of not less than $1,000,000, with the City of Moorpark named as additionally insured. Insurance documentation including certificate of liability insurance and endorsement naming the City of Moorpark as additional insured, and in a format acceptable to the City, must be provided to the City at least fifteen (15) business days prior to Rental date. Depending on the nature of the Rental, additional types and amounts of insurance may be required.

• Rentals with attendance of 2,000 or more and Rentals for which an admission fee is charged shall submit a solid waste site plan in compliance with Article V of Chapter 8.36 of the MMC.

• Renter shall comply with all requirements as set forth in the Moorpark City Council Resolution Adopting Rules and Regulations Governing City Facility Rentals.

• For park Rentals, Renter shall abide by all rules and regulations relating to use of City park facilities, including but not limited to Moorpark Municipal Code Chapter 12.16, Parks and Open Space.

The Director shall have the authority to establish additional special conditions of approval for any Rental Permit. Rental Permits are immediately revocable by Director if false statements or omissions are made on the Reservation Application, or if the Renter, Renter’s guest(s), attendee(s), employee(s), vendor(s), contractor(s), or subcontractor(s) willfully violate any rule or regulation established by the City or fail to meet any condition of the Rental Permit. All fees paid by Renter shall be retained by the City in the event the Rental is terminated under these circumstances. Future Rental use of City Facilities may be denied.

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Section 4.6 Rental Cancellations and Rental Fee Refunds Rental fee refunds for cancellations by the Renter are subject to the fees described below and the fee amounts as specified in the City Council’s Resolution Establishing Rental Fees, Deposits, and Additional Charges. Refunds will not be issued for amounts less than $25. The permit application fee is non-refundable, except for cancellations due to inclement weather or conditions which make the facility unusable, and described below. Park Facilities, excluding Rentals with 2,000 or more in attendance and tournaments: a. For cancellations received thirty (30) calendar days or more in advance of

the Rental date, the City will refund all fees paid less a processing fee established by City Council resolution. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees), which may be applied to a future Rental date. Said credit must be used within one (1) year of the cancellation.

b. For cancellations received between twenty-nine (29) and five (5) calendar

days prior to the Rental date, the City will refund all fees paid less any costs incurred by the City, a processing fee, and a cancellation fee established by City Council resolution. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees), which may be applied to a future Rental date. Said credit must be used within one (1) year of the cancellation.

c. For cancellations received less than five (5) calendar days prior to the

Rental date, the City will refund the security deposit, only, less any costs incurred by the City. If a security deposit was not paid, no fees will be refunded. Rescheduling of the canceled rental may only be considered with extenuating circumstances approved at the discretion of the Director.

d. For cancellations due to inclement weather (temperatures below 45°f or

above 95°f, active precipitation, winds in excess of thirty (30) miles-per-hour, or heavy fog), a National Weather Service forecast twenty-four hours prior to the rental date, or by noon on the prior business day, whichever is earlier, of 50% or greater chance of inclement weather in Moorpark during the rental hours, an Air Quality Index of 101 or greater in Moorpark during the rental hours, or conditions which make the park facility unusable (as determined by the Director), Renter is entitled to a full refund. Renter may also elect to reschedule the canceled Rental.

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Indoor Facilities, tournaments, and events with 2,000+ attendance:

a. For cancellations received sixty (60) calendar days or more in advance of the Rental date, the City will refund all fees paid less any costs incurred by the City, including staff costs, plus a processing fee. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees and costs incurred by the City), which may be applied to a future Rental date.

b. For cancellations received between fifty-nine (59) and fifteen (15) calendar days prior to the Rental date, the City will refund all fees paid less any costs incurred by the City, including staff costs, plus a cancellation fee and a processing fee. Renter may also elect to reschedule the canceled Rental, or receive a full credit (less any nonrefundable fees and costs incurred by the City), which may be applied to a future Rental date.

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, including staff costs, plus a processing fee.

d. For cancellations of outdoor Facilities due to inclement weather as described above, a National Weather Service forecast seventy-two hours prior to the rental date, or by noon on the prior business day, whichever is earlier, of 50% or greater chance of inclement weather in Moorpark during the rental hours, an Air Quality Index of 101 or greater in Moorpark during the rental hours, or conditions which make the Facility unusable (as determined by the Director), Renter is entitled to a full refund less any nonrefundable fees. Renter may also elect to reschedule the canceled Rental.

Section 4.7 Refundable Security Deposits Security Deposits may be required for certain Rentals, in the amounts specified in the Moorpark City Council’s Resolution Establishing Rental Fees, Deposits, and Additional Charges. The Director may determine that all or a portion of the deposit will be retained for excessive clean up or any damage to the facility or property, 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. Section 4.8 Rental Fee Exception For Moorpark Unified School District The Moorpark Unified School District (District) may request a waiver of park rental fees for one-day events involving three or less hours, such as year-end

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school parties. The Principal of the school hosting the event must complete and sign the Reservation Application form and submit a written request for a waiver of fees. Standard conditions of approval shall be as follows: • A supervision ratio of no less than one (1) adult to thirty (30) students is

required at all times during the event. • District will be responsible for cleaning the park facility used at the

conclusion of the event, returning the park facility to the condition that existed prior to the start of the event. All trash generated by District use must be bagged.

• District will be charged the permit application fee and for City direct costs associated with the event, which may include but are not limited to: lights and electricity, staff costs (if incurred), excessive trash removal, repair to damaged facilities, and vendor/attraction fees if applicable.

The Director shall have the authority to add special conditions of approval as determined necessary to protect the City’s property or other park users.

SECTION 5. TERMS OF USE. The general terms of Rental use for City

Facilities shall read as follows:

Section 5.1 Rental Hours Any exception to the Rental hours described below must be approved in writing by the City Manager or his/her designee. Park Facilities: Non-lighted park facilities are available for Rental between the hours of 6:00 a.m. to sunset at Arroyo Vista Community Park and 8:00 a.m. to sunset at all other parks. Lighted park facilities are available for Rental from 6:00 a.m. to 10:00 p.m. at Arroyo Vista Community Park and from 8:00 a.m. to 10:00 p.m. at all other parks. Picnic pavilions must be rented for a minimum of two hours. All other park Facilities must be for a minimum of one hour. Rental time above the minimum required will be rounded to the nearest half-hour. For field lights, the minimum rental time is thirty minutes and time thereafter may be rounded to the quarter hour. Indoor Facilities: Indoor facilities are available for Rental from 7:00 a.m. 10:00 p.m. There is a two-hour minimum Rental time. Rental time above the minimum required will be rounded to the nearest half-hour. When renting a kitchen in conjunction with a

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room Rental, the hours of both rooms must coincide. Indoor facilities are not available for Rental on City holidays including but not limited to New Year’s Day, Memorial Day, July 3rd, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

Section 5.2 Vendors Any Renter wishing to include a vendor(s) selling or distributing merchandise, food, informational materials, or any other item to the public at their Rental must include the request on the Rental Application and secure and submit a completed Vendor Information Form from the vendor. Food vendors, including food trucks, must comply with all applicable state, county, and local health code requirements. Vendors must possess a valid Seller’s Permit issued by the State Board of Equalization, and must report to the State Board of Equalization all sales occurring within the City of Moorpark. Vendors must be approved on the Rental Permit. An additional fee will be charged for vendors pursuant to the City Council’s Resolution Establishing Rental Fees, Deposits, and Additional Charges. Use of an unauthorized vendor may result in the cancellation of the Rental, and any Rental fees paid, including security deposits, may be retained by the City. The Director has authority to deny, approve, or conditionally approve a vendor request. Section 5.3 Use of Special Attractions, Performers and Equipment A Rental Permit is required for the use of special attractions, performers, and to bring certain equipment onto a City Facility. The use of unauthorized attractions, performers, or equipment at a Facility will result in the immediate revocation of the Rental Permit. In such cases, all fees paid by Renter will be retained by the City and the Renter will be assessed for any costs incurred to terminate the Rental activity including but not limited to City staff and police personnel. 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, turf, or other park facilities as applicable. The City reserves the right to deny the use of any attraction, performer, or equipment at a City Facility. The Director shall have the authority to add special conditions of approval as determined necessary to protect the City’s property or other Facility users. The use rules and standard conditions of approval for attractions, performers, and equipment in City parks shall include the following: ATTRACTIONS: Inflatable attractions (including bounce tents, obstacle courses, and slides) and other attractions (including laser tag and non-mechanical rides) may be permitted in specified parks subject to standard conditions of approval as follows:

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• Attractions must be set-up within 50 (fifty) feet of the rented Facility. • Attractions cannot exceed 20 feet by 20 feet in size. The Director may

approve larger attractions when the Renter is a City of Moorpark non-profit organization or governmental agency and the use is deemed a community benefit.

• Bounce tents must be enclosed. • Attractions must be in good condition and properly anchored. • Inflatable 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, has provided required insurance naming the City as additionally insured, and has a security deposit on file at all times with the City, in the amount specified in the Resolution Establishing Facility Rental Fees, Deposits, and Additional Charges).

• Renters requesting the use of an attraction must identify the specifications of the attraction (dimensions and design) and the name of the vendor on the Rental Application.

• Attractions must be self-contained (attractions requiring electricity must be powered by a generator).

• Attractions must be transported over turf by a handcart. Vehicles cannot be used to transport or set up attractions on park turf or beyond the designated parking lots.

• Attractions are allowed only at Arroyo Vista Community Park, Campus Park, Campus Canyon Park, College View Park, Glenwood Park, Mammoth Highlands Park, Miller Park, Mountain Meadows Park, Peach Hill Park, Poindexter Park, and Tierra Rejada Park.

GAME OR FOOD TRUCKS (Trucks): Trucks may be permitted in specified parks subject to standard conditions of approval as follows: • Trucks may only be used in conjunction with an approved Rental. • Trucks are allowed only at Arroyo Vista Community Park, College View

Park, Mammoth Highlands Park, Mountain Meadows Park, Peach Hill Park, Poindexter Park, and Tierra Rejada Park.

• If the Truck will be parked on the street, the Truck must be legally parked and comply with all posted parking restrictions. Trucks cannot park in “No Stopping” or “No Parking” zones, loading zones, or along red curbs. The Truck cannot block traffic or pose a safety hazard.

• If the Truck will be parked in the park parking lot, the truck cannot park across or over the parallel lines of a designated space or park across the parallel lines into the aisle so as to cause a safety hazard. City shall determine and designate space(s) in which Trucks may park. Oversize vehicles (vehicles which exceed nineteen (19) feet in length, seven (7) feet in width, or eight (8) feet in height) are not permitted in park parking lots.

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• Trucks are not allowed on park turf without the written authorization of the Director.

• Trucks must be self-contained. • The Truck company must provide proof of business auto coverage of no

less than State statutory limits per accident and general liability insurance of not less than $1,000,000 per occurrence. Depending on the nature of the Rental, additional types and amounts of insurance may be required.

• Food trucks must possess a valid Ventura County Mobile Food Facility permit.

• The Truck must be listed on the Reservation Application, including the name of the Truck company, truck dimensions, and the location where the truck will be parked.

PERFORMERS: Paid or contracted performers, including but not limited to clowns, magicians, balloon artists, face painters, musicians, and disc jockeys, must be listed on the Reservation Application and approved by the City on the Rental Permit. Renter may be required to purchase liability insurance or provide proof of liability insurance of not less than $1,000,000. Depending on the nature of the Rental, additional types and amounts of insurance may be required. Performers with live animals are prohibited, except as approved by Director for a Group 1 or Group 2 non-profit organization Rental. EQUIPMENT: A Rental Permit is required to set up or bring certain equipment onto a City Facility. Equipment including but not limited to sound amplification equipment, canopies covering an area greater than one hundred (100) square feet, mats covering an area of one hundred (100) square feet or greater, pitching machines, soccer or other goals greater than four (4) feet in width or three (3) feet in height, volleyball or badminton nets, taco or other food carts, and barbecues with cylinders 20 lbs. or larger must be listed on the Reservation Application and approved by the City on the Rental Permit. Insurance may be required for use of certain equipment, as determined by the Director. The requirement to obtain a permit for equipment may be waived for participants at a City-sponsored event with the written authorization of the City Manager. Play equipment such as balls, bats, Frisbees, kites, and tennis rackets and picnic equipment such as lawn chairs, blankets, picnic baskets, or barbecues with cylinders less than 20 lbs. do not require a Rental Permit. Section 5.4 Decorations The standard decorations condition of approval for all Rental Permits is as follows: 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. Decorations must be installed so as to not

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damage or deface City property. The use of nails, tacks, staples, or duct tape are not permitted. Any adhesive used may not leave any damage or residue. Decorations and/or any type of wire or cord may not be hung or draped on any light fixture. Time for decorating must be included in the Rental time. Section 5.5 Clean Up The standard clean-up condition of approval for all Rental Permits is as follows: It is the responsibility of the Renter to clean up decorations, debris, and their personal supplies and equipment from their Rental. This includes but is not limited to completely removing all decorative items, and the supplies used to attach decorative items such as tape and string. All debris must be placed in a trash receptacle, or if the trash receptacle is full, in a sealed trash bag directly adjacent to a trash receptacle. In the event that debris or the Renter’s items are left after the Rental, a fee to remove said debris or items will be deducted from the security deposit at a rate of not less than the City’s direct cost as identified in the applicable fee schedule. The Director shall make the final decision whether the security deposit will be returned. In the event the clean up expenses resulting from Renter’s activity exceeds the security deposit, or if no security deposit was paid by Renter, the City reserves the right to bill Renter for expenses. Renter shall reimburse the City the amount due within fifteen (15) calendar days of receipt of invoice. For Rental use of indoor Facilities, City staff will be responsible for setting up and putting away City property such as tables and chairs. Tables and chairs will be set up according to the quantity rented and included on the Rental Permit and arranged according to the set up diagram provided by the Renter. City staff will also be responsible for sweeping and mopping or vacuuming floors. If tables, chairs, floors, counters, or other surfaces are left in such a condition by the Renter that clean up exceeds one (1) hour, additional staff time will be deducted from the security deposit at a rate identified in the applicable fee schedule. Section 5.6 Responsibility for Damages to the Facility and Equipment The standard damages condition of approval for all Rental Permits is as follows: All equipment must be used only for the purpose for which it was intended. If the Facility or any portion thereof, or any City equipment is damaged, marred or defaced by the act, default, or negligence of the Renter, his/her employee or employees, patrons, guests, or any person admitted to the Rental by the Renter, the Renter will pay to the City from the security deposit such sums as the Director shall determine to be necessary to restore the Facility or equipment to its condition prior to such damage. In the event the damage resulting from Renter’s

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activity exceeds the security deposit, or if no security deposit was paid by Renter, the City reserves the right to bill Renter for expenses. Renter shall reimburse the City the amount due within fifteen (15) calendar days of receipt of invoice. Section 5.7 Attendance and Facility Capacity a. Renter agrees to ensure that the number of attendees does not exceed

the number declared on the Reservation Application and does not exceed the stated Facility capacity. Noncompliance with this obligation can subject the Rental to cancellation.

b. The maximum attendance for Arroyo Vista Community Park Rentals is 5,000 total attendance. Additionally, at least 50% of the park must remain open to public use.

Any exception to the above stated maximums must be approved in writing by the City Manager. Section 5.8 Compliance 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. Section 5.9 Tips and Gratuities It is against City policy for any City 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 is appropriate. Section 5.10 Facility Access and Storage The City of Moorpark reserves the right of full access to all Facilities at any time. The City will be responsible for opening and closing rented Facilities. Keys to the Facility will not be issued to a Renter under any circumstances. For indoor rentals, City staff will be available during Rentals to accommodate any access needs by the Renter. Access to storage space is not available unless arranged in advance and included on the Rental Permit. Unless storage space is included on the approved Rental Permit, Renter shall have access to the rented Facility only during the Rental times, and Renter’s property may not be brought onto or stored at the Facility before or after the Rental times. The City assumes no liability for Renter’s property.

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Section 5.11 Prohibited Items and Activities The following are prohibited at all City Facilities:

• Smoking of any kind, including vaping. • Open flame devices, except canned jellied fuel (such as Sterno) when

used in conjunction with a chafing dish. • Fog machines. • Gambling, as defined by any Federal, State, or local law, except as may

be permitted by California and federal laws for a non-profit organization fund raiser.

• Throwing of bird seed, rice, confetti, or glitter.

Section 5.12 Rental Restrictions

a. Arroyo Vista Recreation Center Gymnasium: Rental use of the gymnasium is restricted to athletic activities appropriate for a gymnasium. Only soft soled non marking shoes may be worn in the gymnasium. Tables, chairs, or other equipment that may damage the wood flooring may not be set up on the wood flooring. No food or beverages, other than water, are allowed in the gymnasium.

b. Arroyo Vista Recreation Center, Magnolia Conference Room: The

Magnolia Conference Room may only be rented Monday through Friday between the hours of 3:00 to 10:00 p.m. Outside of these hours, the room may be rented if an additional staff fee is paid.

c. Arroyo Vista Community Park, Recreational Trail (Trail): The Trail may

only be rented by Group 1 and Group 2 governmental agencies and nonprofit organizations. Each entity is limited to no more than one (1) rental per calendar year, except Moorpark Unified School District, which is limited to no more than three (3) rentals per calendar year. During Rental use of the Trail, the Trail will remain open to the general public unless otherwise determined by the Director.

d. Poindexter Park Skatepark: The following restrictions shall apply:

• Filming: Filming is restricted to the hours between 8:00 a.m. and 3:00 p.m. Monday through Friday when school is in session. The Rental Permit will be for exclusive use of the facility and the facility will be closed to the general public.

• Camps, Classes, and Lessons: Camps, classes, and lessons are restricted to Saturdays and Sundays between 8:00 a.m. and 10:00 a.m. year-round, and Monday through Friday from 8:00 a.m. to 12:00 p.m. when school is not in session. The maximum total attendance allowed is fifteen (15). Only one (1) Rental is permitted

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per day. The Rental Permit will not include exclusive use, and the Skatepark will remain open to the general public.

• Events: Events are limited to once per quarter (defined as Winter: December/January/February, Spring: March/April/May, Summer: June/July/August, and Fall: September/October/November), and each Renter is limited to two (2) Rentals per year. The event must be open to the general public, but may include an entrance or participation fee. The Rental Permit will be for exclusive use of the facility and the facility will be closed to the general public.

Section 5.13 Rules and Regulations The standard Rules compliance condition of approval for all Rental Permits is as follows: The Renter, his/her employee or employees, patrons, guests, or any person admitted to the Rental by the Renter, is responsible to comply with the Moorpark Municipal Code, the conditions set forth in this Resolution, and all conditions specific to the Rental Permit. Rental Permits are immediately revocable if any individual or group violates any rule or regulation established by the City. If a Rental Permit is revoked for a violation, all fees collected for the subject Rental will be retained by the City and the Renter will be billed for any costs incurred to terminate the Rental activity including but not limited to City staff and police personnel. Renter shall reimburse the City the amount due within fifteen (15) calendar days of receipt of invoice.

Section 5.14 Wet Field and Trails Policy When park fields or trails are sufficiently wet such that their use may lead to damage or bodily injury, they will be closed to all Rental and public use at the Director’s sole discretion. All park patrons shall abide by the terms of the Wet Field and Trails Policy to preserve the quality and life of the fields and trails and promote a safe environment. The Wet Field and Trails Policy applies to conditions due to precipitation, over-watering, and/or irrigation system problems. A special condition of approval will be added to all Park Rental Permits that include use of one or more fields or trails to require acknowledgment of the City’s right to close fields and trails under the following conditions: • Rain (with the exception of light drizzle if the ground is relatively hard and

dry prior to the start of the drizzle.) • Standing water/ponding or mud is present. • Water gathers around the sole of a shoe. • Footprints leave an impression in the turf or on the trail.

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Renters may check the status of fields and trails by visiting http://moorparkca.gov/210/Current-Field-Conditions. The webpage will be updated by 9:00 a.m. and 3:00 p.m. each day. In the event a Rental is cancelled in advance of Rental time period due to wet field conditions, a full refund of all fees paid shall be issued. Section 5.15 Rental Use of Athletic Fields For this section, “athletic field” is defined as a soccer field, softball field, baseball field, and any other field used for the purposes of group sports activities. This section does not apply to use by a youth sports organization when the use falls within the scope of the organization’s facility use agreement. Unless approved in writing by the Director or his/her designee, Rental use of athletic fields shall be limited to the following: a. Athletic fields at Arroyo Vista Community Park:

Rental use of athletic fields shall be managed on a rotating schedule to be established in writing by the Director or his/her designee no less than quarterly each year. The intent of the rotating rental use schedule is to permit appropriate maintenance of the fields. Rental use is prohibited while a field is closed for maintenance.

b. Athletic fields at all other parks:

Rental use is allowed only at the following parks: Campus Canyon Park; Mammoth Highlands Park; Miller Park; Mountain Meadows Park; Peach Hill Park; and Poindexter Park.

Rental use is limited to Renters with a total attendance of 49 or less or Renters with a total attendance of 100 or less when the rental of an athletic field is in conjunction with a picnic pavilion or other park facility and the use is not associated with an organization or business.

c. Tournaments: Youth and adult sports tournaments are limited to Arroyo Vista Community Park. Exceptions may be made by the Director 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 as special conditions of approval for the Rental Permit to minimize any potential inconvenience to the surrounding residents.

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SECTION 6. ALCOHOLIC BEVERAGES. The City policy regarding alcoholic beverages in conjunction with a Rental is as follows:

Section 6.1 Rental Permit Required The possession, consumption, or sale of alcoholic beverages is prohibited at all City Facilities except as authorized by a Rental Permit. Rental Permits including alcoholic beverages may be issued only for the following Rental Groups and Facilities. Any exception must be authorized in writing by the City Manager. a. Indoor Facilities: All rental Groups

b. Arroyo Vista Community Park: Group 1 and Group 2 non-profit organizations

only. Section 6.2 General Conditions for Possession and Consumption of Alcoholic Beverages at Rentals Possession and/or consumption of alcohol is subject to the following conditions: a. The Renter must request permission to serve alcoholic beverages on the

Reservation Application. The type of alcohol to be served and service times must be included on the application. Permission to serve alcoholic beverages must be approved in advance and included on the approved Rental Permit. Review and concurrence of the Moorpark Police Department may be required for certain events at the discretion of the Director. Such review may impose additional conditions on the rental permit.

b. The possession or consumption of alcoholic beverages may occur during the approved Rental hours only, and may not disrupt or conflict with City business or programs.

c. The service of alcoholic beverages is limited to no more than four (4)

hours and must conclude at least one (1) hour prior to the Rental end time.

d. Consumption, and/or possession of alcoholic beverages is allowed only at

the rented Facility or Facilities. Consumption of alcoholic beverages is prohibited in parking lots, or anywhere outside the rented Facility unless approved under the rental permit by the Director. To ensure compliance, the Rental Permit may include conditions such as requiring the installation of temporary fencing, placement of signs, and perimeter security.

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e. Alcoholic beverages may not be served to anyone under 21 years of age. Renter is responsible for providing adequate safeguards to prohibit the consumption of alcohol by anyone under 21 years of age and the excessive consumption of alcohol by adults.

f. Depending on the nature of the Rental, additional staff, security guards,

and/or law enforcement personnel may be required by the City. The Renter shall pay for all costs related to providing these services, as described in the applicable fee schedules. Staffing conditions and fees shall be included on the Rental Permit.

In addition to other insurances that may be required, individual Renters must purchase liquor liability insurance coverage through the City’s provider for their Rental with limits not less than one million dollars ($1,000,000). Higher limits may be required based on the nature of the Rental. Businesses and organizations may provide their own insurance coverage. The City of Moorpark must be named as additional insured. Insurance documentation including certificate of liability insurance and endorsement naming City of Moorpark as additional insured and written in a format acceptable to the City, must be provided to the City no less than ten (10) calendar days prior to the Rental date. Failure to do so will result in cancellation of the Rental and forfeiture of Rental fees paid.

g. Additional conditions may be added to the Rental Permit based on the

nature of the Rental. Section 6.3 Sale of Alcoholic Beverages at Rentals a. All conditions described in Section 6.2 apply to Rentals that include the

sale of alcoholic beverages. b. A California Department of Alcoholic Beverage Control permit shall be

required when alcoholic beverages are sold, the Rental is open to the public, or an admission fee is required to attend the Rental. Said permit shall be secured by the Renter, and a copy provided to the City no less than ten (10) calendar days prior to the scheduled Rental date. Failure to do so will result in cancellation of Rental and forfeiture of Rental fees paid.

c. A Ventura County Environmental Health Division Temporary Food Facility

permit is required if alcoholic beverages are sold at an event which is open to the public.

SECTION 7. Complaints and Right of Appeal. Section 7.1 Complaints

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Complaints and comments should be sent to the Director: City of Moorpark Parks and Recreation Director 799 Moorpark Avenue Moorpark, CA 93021

Section 7.2 Right of Appeal A Renter has the right to appeal the decision by City staff to revoke or deny a Rental 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, Moorpark, CA 93021 within five (5) business days of receiving your notification. The City Manager or his/her designee will affirm or deny the appeal in writing within ten (10) business days. Any further appeal must be made in writing to the City Council pursuant to Section 2.04.080 of the Moorpark Municipal Code.

Section 7.3 Suspension of the Rules

For good cause, rules contained herein may be temporarily suspended and/or modified by the Director as deemed necessary. SECTION 8. This Resolution shall become effective on the effective date of

Ordinance No. 476.

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 15th day of January 2020.

________________________________

Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk

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RESOLUTION NO. 2020-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED FACILITY RENTAL FEES, DEPOSITS, AND ADDITIONAL CHARGES; AND RESCINDING RESOLUTION NO. 2019-3843

WHEREAS, the City previously adopted Resolution No. 2019-3843 , which

established facility rental fees and related rules; and WHEREAS, at its meeting of January 15, 2020, the City Council reviewed and concurred with the amendments to the Rental Fees, Deposits, and Additional Charges; and

WHEREAS, Resolution No. 2019-3483 shall be rescinded and replaced with the Resolution herein upon the effective date of Ordinance No. ___.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. City Council Resolution No. 2019-3483 is hereby rescinded upon the effective date of this Resolution.

SECTION 2. Fees, Deposits and Additional Charges: Fees, deposits, and

other charges for the rental use of City Facilities shall be as follows: Section 2.1 Purpose The purpose and intent of the City Council in adopting the Schedule of Rental Fees, Deposits, and Additional Charges shall be to provide directory guidelines for staff and the public relating to the fees, deposits, and additional charges required to rent City facilities, structures, and amenities. Fees shall be charged based on Group Classifications, as defined in the Rules and Regulations Governing City Facility Rentals Resolution, as may be amended from time to time. The City shall reserve the right to make adjustments or impose additional fees on a case-by-case basis as a determination of the approval of a Rental Permit pursuant to Moorpark Municipal Code Section 12.16.140 and the current City Council Resolution Adopting Rules and Regulations Governing City Facility Rentals. As used in this resolution, “Direct Costs” shall be defined as measurable or quantifiable costs to the City resulting directly from the rental use, including but not limited to staff time, police costs, traffic control, etc..

ATTACHMENT 3

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Section 2.2 Hourly Park Rental Fees

Park rental fees shall be charged on an hourly basis based on the Groups defined in the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals. Rental fees for City park Facilities shall be as follows:

Park Rental Description Group 1 Group 2 Group 3 Group 4

Ballfield (softball or baseball) Direct Costs $20 $25 $30 Athletic Field (soccer or football) Direct Costs $20 $25 $30 Open Grass Area Direct Costs $10 $15 $20 Field lights $28 $35 $40 $45 Electricity (other than field lights) Direct Costs $5 $8 $12 Basketball Court (outdoor) Direct Costs $8 $12 $20 Tennis Court Direct Costs $8 $12 $15 Pickle Ball Court (each) Direct Costs $4 $8 $12 Multi-purpose court (AVCP*) Direct Costs $15 $20 $25 Horseshoe pit Direct Costs $8 $12 $20 Bocce ball court Direct Costs $8 $12 $20 Picnic table Direct Costs $5 $8 $12 Gazebo (Poindexter Park) Direct Costs $8 $12 $20 Small Pavilion (Campus, Campus Canyon, Glenwood, Mountain Meadows, Tierra Rejada. Maximum 75 people.)

Direct Costs $20 $25 $40

Medium Pavilion (College View, Mammoth Highlands, Miller, Peach Hill. Maximum 100 people.)


Large Pavilion (AVCP west, Poindexter. Maximum 175 people.)


Peppertree Pavilion (AVCP) Direct Costs $80 $100 $160 AVCP Recreational Trail Direct Costs $25 N/A N/A Parking Lot (per space) Direct Costs $3 $5 $7 Skatepark (lessons, classes, camps) Direct Costs $25 $35 $50

Skatepark (events, exclusive use) Direct Costs $100 $150 $200

Snack Bar (AVCP) Direct Costs $15 $25 $50 Batting Cages (Poindexter Park) Direct Costs $8 $12 $20 * AVCP = Arroyo Vista Community Park

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Section 2.3 Indoor Facility Use Fees Fees are calculated on an hourly basis unless otherwise noted. Fees for Group

2, 3, and 4 include one (1) staff person for the duration of the rental.

A. AVRC Sycamore Room. Seating capacity: Up to158 seated with tables and chairs, up to 340 seated theater style.

Community Center Apricot Room. Seating capacity: Up to 150 seated with tables and chairs, up to 205 seated theater style. Group 1 Group 2 Group 3 Group 4 Direct Costs $60 $70 $80

B. AVRC Jacaranda and Cypress Rooms. Seating capacity: Up to 98

seated with tables and chairs, up to 210 seated theater style. Community Center Citrus Room. Seating capacity: Up to 80 seated

with tables and chairs, up to 100 seated theater style.

Group 1 Group 2 Group 3 Group 4 Direct Costs $45 $55 $65

C. AVRC Magnolia Conference Room. Seating capacity up to 25.


D. Kitchen Use Fee - AVRC and Community Center (Calculated hourly

in conjunction with a room rental. (Kitchen may not be rented by itself.)


E. Gymnasium Use Fee


F. Equipment Use Fees (includes set-up and take-down.) All Groups.

Item Fee Table $5 each Chair $0.25 each Stage $25 section

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Section 2.4 Flat Rate Fees

Fees shall be charged for administrative and other services and specified equipment rental at a flat rate. Flat rate Rental fees shall be as follows:

Permit Application Fees

(Nonrefundable) Group 1 Group 2 Group 3 Group 4 Single Date/Single Facility $0 $10 $10 $10 Single Date/Multiple Facilities or Multiple Dates/Single Facility $0 $25 $25 $25

Multiple Dates/Multiple Facilities $0 $50 $50 $50 Sports Tournaments 500-1,999 total attendance $0 $50 $75 $100

Sports Tournaments 2,000+ total attendance $0 $75 $100 $125

Events 500 -1,999 total attendance $0 $50 $75* $100*

Large Events 2,000+ total attendance $0 $75 $100* $125*

Youth Sports Organization Seasonal Permit (fee is per field) n/a $10 n/a n/a

*Rental also requires payment of 10% of event gross receipts Other Flat Rate Fees Group 1 Group 2 Group 3 Group 4

Refund Processing Fee (to process a Rental cancellation/refund)

$0 $15 $15 $15

Attraction/Performer Permit Fee (Pre-approved company) $0 $10 $10 $10

Attraction/Performer Permit Fee* (All others) $25 $50 $75 $100

Late Fee (for applications submitted less than 3 business days in advance)

$0 $20 $20 $20

Change Fee (for renter requested changes to approved permits. Fee is per facility and date)

$0 $5 $5 $5

Field Preparation Fee $40 $50 $60 $75 Soccer Goal Rental* $25 $35 $45 $60 Softball/Baseball Base Rental* $10 $15 $20 $25 Vendor Fee (per vendor) $0 $25 $50 $75 Alcohol Permit Fee $0 $50 $75 $100 * Security deposit also required

Section 2.5 Payment Schedule For Reservation Applications submitted more than thirty (30) calendar days in advance of the first rental date requested, and with rental fees exceeding

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$500.00, the Renter may submit partial payment of not less than $200.00, which will be applied toward the rental fees. Payment of all rental fees is due in full thirty (30) calendar days prior to the first rental date on the Rental Permit. For Reservation Applications submitted thirty (30) calendar days or less before the first rental date requested, full payment must be made at the time the Reservation Application is submitted. For all rentals with rental fees totaling $500.00 or less, full payment must be made at the time the Reservation Application is submitted. Fees for Reservation Applications submitted less than ten (10) business days in advance must be paid by credit card (Visa or MasterCard only), cashier’s check, money order, or cash. Personal checks will be accepted only when the Reservation Application is submitted ten (10) or more business days in advance. Reservation dates on a Rental Permit may not span a time period of more than ninety (90) calendar days, except those Rental Permits issued to youth sports organizations for use under an agreement with the City. Security deposits must be paid in full at the time the Reservation Application is submitted. Section 2.6 Refundable Security Deposits The following security deposit amount(s) shall be collected to ensure return of rented equipment and protection of City property. All or a portion of the deposit may be retained for the reasons specified in the City Council’s Resolution Adopting Rules and Regulations Governing City Park Rentals. Security Deposit Description All Groups Soccer Goals $100 Softball/Baseball Bases $100 Attractions, Performers, Equipment (except City preauthorized) $100 Stage (Indoor use only) $100 Snack Bar $500 Park Rentals 51+ attendance $100 Park Rentals 200+ attendance, Indoor Rentals $300 Park Rentals 500+ attendance, Rentals w/alcohol, AVRC Gym $500 Park Rentals 2000+ attendance $1000 Attraction Company Deposit $500

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Section 2.7 Additional Charges

Additional charges over the basic rates are as follows:

A. Staff Fees: Staff fees will be charged when staff is required for additional set up, breakdown, or cleanup beyond normal time requirements, for tournaments, for indoor Rentals with 100 or more total attendance and park Rentals with 200 or more total attendance, for Rentals with alcoholic beverages, or for special circumstances as described in the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals. Staff fees shall be charged in accordance with the current billing rate established in the City Council’s Staff Billing Rates Resolution, as follows:

Part-time staff: Hourly rate equivalent to the current billing rate for the Park and Facility Attendant III position. Full-time staff: Hourly rate equivalent to the current billing rate for the applicable position.

B. Police Service Fees: Fees for Police service may be charged for any

rental requiring Police services, as determined necessary by the Director. For all Groups, the Police service fee shall be consistent with the City Council’s Resolution Establishing Police Service Fees (hourly rate plus a fifteen percent City general government overhead cost).

C. Contract Security Guards: Fees for private Security Guards may be charged for any rental requiring Security Guards, as determined necessary by the Director. The fee for Security Guards shall be the City’s current hourly contract rate + 15%

D. Insurance Fees: For Rentals which require insurance in accordance with

the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals, insurance fees shall be charged to the Renter in accordance with current rates as established by the City’s insurance provider. Insurance fees may be waived if insurance documentation is provided, including certificate of liability insurance and endorsement naming the City of Moorpark as additional insured, in accordance with the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals.

E. Large Event and Large Venue Waste Management: Consistent with

Article V of Chapter 8.36, Solid Waste, of the City’s Municipal Code, all large events and large venues, as defined in Chapter 8.36, are subject to the requirements of that Chapter, including the requirement for a waste management plan and a waste management fee as established by resolution of the City Council.

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F. Other Charges: Additional charges may be levied for rental requests containing unusual activities or accommodations as determined by the Director.

Section 2.8 Cancellation Fees Rental fee refunds for cancellations by the Renter are subject to the provisions established in the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals, which includes description of deductions for the Processing Fee and Cancellation Fee. The amount of the Processing Fee is included under Section 2.4, Flat Rate Fees. The amount of the Cancellation Fee for a cancellation, as described in the Rules, shall be as follows:

Description All Groups Cancellation Fee 50% of Rental

Fees SECTION 3. This Resolution shall become effective upon the effective date of

Ordinance No. ___. SECTION 4. 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 15th day of January, 2020. ____________ Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk

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Documents

MOORPARK CITY COUNCIL AGENDA REPORT