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HomeMy WebLinkAboutResolution - 2279 RESOLUTION NO. 2279 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, SETTING A POLICY AND PROCEDURE FOR THE USE OF THE ESTUDILLO MANSION AND ESTABLISHING FEES WHEREAS, the Estudillo Mansion is an historic landmark in the City of San Jacinto; and. WHEREAS, the City Council of the City of San Jacinto welcomes the use of the Estudillo Mansion by members of the community; WHEREAS, in order to preserve this historic landmark in the City of San Jacinto, it is necessary to establish procedures for its use and set fees to cover maintenance and staffing costs associated with this community use; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTON, CALIFORNIA, that a Policy and Procedures Manual for the use of Fstudillo Mansion governing the use of the Mansion and establishing fees, as set forth in Exhibit A to this Resolution, is hereby adopted. Adopted this 1st day of March, 2001. AYES- Ayres, Carlsor-Buydos , Conner, Williams NOES: Good ABSTAIN: None ABSENT: None Patrick A. Williams, Mayor ATTEST. Susan Matthew, City Clerk EXHIBIT 'A' TO RESOLUTION NO. 2279 ESTUDILLO MANSION POLICY AND PROCEDURES MANUAL I. POLICY It shall be the policy of the City of San Jacinto that the Fstudillo Mansion and the outside grounds shall be made available for the use of individuals, community groups, clubs, organizations, or parties upon approved application. A. Definitions Whenever In this manual the following terms are used, they shall have the meanings respectively ascribed to them in this section. 1, Business License — shall mean permission by competent authority to do an act that, without such permission, would be illegal; the privilege to carry on a business or to pursue a certain occupation. 2. City— shall mean the City of San Jacinto. w► 3. County — shall mean the County of Riverside. 4, Day— shall mean the whole or any part of period of 24 hours from midnight to midnight. 5. Equipment— shall mean Furnishings, or outfit for the required purpose, such as tables and chairs, coffee makers, etc. 6 Fee or Fees — shall mean a charge fixed by law for services or for use of a privilege under control of government. r. Hold Harmless Agreement — shall mean Agreement or contract in which one party agrees to hold the other without responsibility for damage or other liability arising out of the transaction involved. 8. Insurance — shall mean a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from an unknown or contingency or act to occur in the future. 9. Mansion — shall mean the Estudillo Mansion located at 150 S. Dillon, owned by the City of San Jacinto. II, Procedures The following procedures have been developed to assure that the Mansion is used in a responsible manner, and that the public investment in this facility is adequately safeguarded. �— A. Requesting and Reserving Use of Facilities. 1. Reservations for use of the Mansion shall be in writing on the application form provided by the City. Applications may be obtained from - i - '' City Hall between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday, except holidays. 2. The City, from time to time, may determine the need for a Certificate of Compliance in addition to the application form. A Certiticate o= Compliance is a form that is used by the Police Department to perform a background check. This form shall accompany the application for processing. 3. Reservations shall be accepted on a first-come first-serve basis, and shall be confirmed only when all forms have been completed, turned in, and the complete fee (if applicable) has been paid. Telephone inquiries are not binding, and do not constitute a reservation. 4. All applications for use of the Mansion or any portion thereof are subject to the approval process. Denial of use to any applicant of the Mansion, shall be based on the provisions established in these procedures. Any applicant denied use of the facility may appeal to the City Council. 5. Refunds for canceled reservations shall be issued only when cancellations are received 15 days prior to the scheduled date of use. Refunds shall be made within 30 days of cancellation through City warrant less any processing fee. B. Liability 1 . Each application for use of the Mansion shall have a "Hold Harmless Agreement" (Appendix "A°) completed at the time the application is turned in for processing. Individuals or organizations using the Mansion or any of its equipment shall be made aware of the contents of the "Hold Harmless Agreement', and shall have full understanding of the document. 2. Organizations who frequently use the Mansion may have on file with the City a copy of the insurance policy naming the City as insured. Should this document be on file, no further action is required, except at policy expiration. The organization shall be responsible for obtaining the new coverage, and providing the City with, a copy. C. Approval Procedures 1 . In order to expedite approval for use of the Mansion by applicants, the following procedures shall be followed. a. A review shall be completed by the person accepting the application, upon receipt of all documents to City Hall (during the times stated in 3-A.1. above). The City Staff shall make copies of the documents for their 'temporary" file, with the original application, payment of any processing fees, and issuance of receipts. The applicant shall be advised that the balance of any fees due shall be required 25 days prior to the event. Failure to pay the fees within the time allotted shall be cause for automatic cancellation of the reservation. In no case shall full receipt of payment be less than 25 days prior to the event. Extensions shail be on a case-by-case basis. b. Upon receipt of the fee due at time of application, a receipt will be issued to the applicant, showing amounts paid. Checks or Money Orders should be made payable to the City of San Jacinto. C. Upon acceptance of a complete application, the application shall be forwarded to the Community Development Department for further processing. Should the application be denied for any reason, the applicant shall be notified in writing, and the appeal procedures outlined. d. The Community Development Department shall review the application for Business License requirements [if applicable). Should a City Business License be required, the applicant shall be notified by the Licensing Division as to the requirements. Depending on time constraints, the notification should be by letter. However, a telephone call may be sufficient on short processing deadlines. Upon of approval the application shall be forwarded to the Risk Management Division. e. The Finance Department shall review the application for proper insurance requirements. The applicant shall be notified by the Finance Department should proof of insurance be required. Depending on the time constraints the notification should be by letter, however, a telephone call may be sufficient on short Processing deadlines. Upon approval, the application shall be returned to the Community Development Department for retention ,% until all fees have been paid. . 3- f. In no case will an application be accepted when the requested day of use provides for less than 10 days for processing. unless good cause exists for the less process time. Good cause may be, i.e., 'egislative representative in the area and a meeting has been set up on short notice. State, Ccunty or Local officials request use of the Center on short notice, or private party had made reservation with other facility, and has been canceled out, and the Center is available. These types of requests will be on a case-to-case basis. D. Reason for Denying Request 1 The City may deny an applicant the privilege of using the Marsion even if the Mansion is otherwise available, for any of the following reasons: a. Failure to provide proper insurance coverage when required. b. Failure to pay all fees within the time period required, when such fees are appropriate C. Failure to complete all documents necessary for processing the application in accordance with City regulations within the time allotted. d. Previous history of City facility use, which resulted in damage or misuse of either the applicable facility or equipment. e Substantiated violation of the rules and regulations set by the City. f. Proposed event would bring discredit to the City of San Jacinto and to the Community of San Jacinto. E. Opening and Closing of the Facility. The Community Development Department will coordinate with the user, to open and close the Mansion at the time specified on the application. F. Categories of Use 1. In an effort to operate the Center as equitably as possible, use shall be defined in the following categories: %4W a. Category "A" - All City sponsored activities and use by departments and divisions of the City. -4- �. b. Category 13" - All non-profit organizations, (proof of non- profit status may be required), clubs and associations, civic groups, and other governmental agencies. C. Category "C" - All weddings, receptions, and private parties, etc. d. Category "D" - All commercially sponsored activities, use by business groups for profit, associations or individuals whose use of the facility is monetary gain or business promotion. G. Equipment 1. The City may make available at the Mansion various pieces of equipment, which may be requested at an additional charge. 2. The applicant shall provide at his/her own expense additional equipment necessary. 3. Limited tables, chairs, and refrigerator space are available. H. Life Safety 1. The use of Mansion shall be in accordance with the San Jacinto Municipal Code including those provisions pertaining to Building and Life Safety. and has imposed certain regulations regarding life safety during use of the Mansion. In addition, regulations shall be posted in various areas for public viewing, and shall not be removed. Controlled fires such as blacksmith forges and cooking fires shall be allowed by special permit only. ABSOLUTELY NO OPEN FIRES, UNCONTROLLED BONFIRES, FIRES IN THE MANSION FIREPLACES, FIREWORKS OR PYROTECHNIC DISPLAYS OF ANY KIND SHALL BE PERMITTED. III. Publicity Publicity of any event held at the Mansion will be reviewed and approved by appropriate City Staff. Events which are not sanctioned by the City or a volunteer program held at the Mansion on a regular basis shall be advertised in such a manner that the person inquiring into the event does not rely on the City Staff for the necessary information. Such information shall be contained within the advertisement to contact a telephone number or address other than the City ESTUDILLO MANSION REGULATIONS FOR INDIVIDUALS AND ORGANIZATIONS The following supplemental regulations for use of the Mansion relate specifically to individuals, clubs, community groups, and similar organizations 1. Any individual, club. community group, or organization utilizing the Mansion must comply with all local, slate, and federal laws. This includes necessary licenses, sales tax permits, worker's compensation, alcoholic beverages control, and all other laws pertaining to the particular individual, club, community group, or organization. No individual, club, community group, or organization may use the Mansion as a mailing address. 2. Individuals, clubs, community groups, and organizations renting space may conduct sales and/or solicitations within the rented space for the duration of the signed rental agreement. 3. Permission to use the Mansion does not convey any sanction of an Individual, club, community group, or organization's philosophy or practices by the City of San Jacinto, its elected Or appointed officials or employees. No Individual, club, community group or organization may state or infer any official sanction by the City unless so ordered by the City Council. 4. Storage of property by any individual, club, community group or organization using the Mansion on a regular basis is by advance permission only. Limited storage space is available, and is assigned at the discretion of the City Manager or his/her designee. The City is not responsible or liable for stored items at the Mansion. 5. Failure to comply with any of the regulations outlined herein as well as other applicable procedures, may result in cancellation of the 'individual, club, community group or organizations' use of the Mansion. fi. Users shall not arrive prior to their prearranged starting time, unless authorized in advance. 7. Posting of signs, announcements, etc. on doors, walls, or cabinet doors is not permissible. S. Use of hair dryers, curling irons, irons or any other type of similar electrical device is not permitted within the Mansion. 9. The City of San Jacinto Harassment policy will be applicable to all users of this Mansion. E ESTUDILLO MANSION REGULATIONS FOR RECEPTIONS AND PRIVATE PARTIES The following supplemental regulations for use of the Mansion relate specifically to receptions, private parties, and similar social events- 1_ Any decorations used must be removed, and disposed of at the conclusion of the event. Any alteration of existing facilities is by prior permission only, which must be obtained from the City Manager or his/her designee. Use of any material which may damage the facilities or remove paint from painted surfaces is strictly prohibited 2. Events at which alcohol is served are subject to separate regulations (see "Regulations for Dispensing of Alcohol"), which will be provided with the appropriate application form. Individuals are required to advise City staff if the user anticipates the dispensing of alcohol. 3. Applicant may be required to provide private security at events where no alcohol is served, upon the determination of the Planning Director. 4. The facility, parking lot, grounds, and equipment shall be left in the same condition as they were prior to the event. Any loss or damage shall be `"" deducted from the refundable security deposit. ESTUDILLO MANSION REGULATIONS FOR DISPENSING ALCOHOL Tire use of alcohol at 1he Estudillo Mansion is by advance permission only, and must comply with all laws. Failure to comply with California law and City of San Jacinto regulations concerning serving of alcohol will result in the immediate rescinding of authorization to serve alcohol. The following are requirements for the serving of alcohol: 1. A "Daily On-Sale General License" shall be required for all events with the exception of private parties. (Note: A letter of authorization from the San Jacinto Police Department is required prior to obtaining the license from the Alcoholic Beverage Control Board, whose address is as follows. Alcoholic Beverage Control Board 4505 Allstate Drive, Suite 102 Riverside, CA 92501 (909) 782-4400 Hours: 8:OC a.m. to 5:00 p.m. Monday through Friday 2. All alcoholic beverages must be distributed over a bar into individual �- servings. 3. All alcoholic beverages such as wine, punch, beer, and champagne must be consumed from individual containers (Note: NO GLASS BOTTLES), An Alcoholic beverage shall be defined within the meaning of the California Business and Professions Code, and the California Health and Safety Code. 4 Events involving alcohol are limited to a maximum of six (6) hours. 5. Serving of any alcoholic beverage must end thirty (30) minutes before the closing time shown on the application form. 6. No alcoholic beverage is to be served or consumed in any area other than the area(s) shown on the application form. 7. Note: The purchase of drink tickets or admittance tickets or admittance tickets entitling a person to an alcoholic drink constitutes a sale, and a license is required. B. No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a license unless the person is authorized to do so by a license issued pursuant to this division. 9. On-duty San Jacinto Police Officers shall be used as Security and provided at a ratio of one Officer per 100 guests. -E - APPPENDIX A CITY OF SAN JACINTO HOLD HARMLESS AGREEMENT 1, as a user of the Estudillo Mansion located at 150 S. Dillon Street, San Jacinto, CA 9251 _83, hereby agree to hold the City of San Jacinto, its elected officials, officers, agents, and employees, harmless from any liability for damage for personal injury, including death, as well as for claims for property damage which may arise form the use by the undersigned organization or individual. I further agree, as consideration for being permitted by the City of San Jacinto to use the facility, my assignees, heirs, distributors, guardians, and legal representatives will not make a claim against or sue the City of San Jacinto, its elected officials, officers, agents, and employees for injury or damage resulting from negligence or other acts, howsoever caused by any employee, agent, or contractor of the City of San Jacinto. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE CITY OF SAN JACINTO, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, AND I SIGN THIS CONTRACT OF MY OWN FREE WILL. Executed at San Jacinto, California on [month] , [day] , 20 [Releaser] [Date] [Witness] [Date] APPENDIX B FEES FOR ESTUDILLO MANSION It. CATEGORY TYPES! "A" CIVIC-City-Sponsored activities and use by Departments and Divisions of the City. "B" CIVIC GROUPS - Non-Prcfit Organizations, Clubs, and Associations, other Governmental Agencies. (Proof of non-profit status may be required) "C" Weddings, Receptions, and Private Parties. "D" Commercially Sponsored Activities - Use by businesses, groups, associations or individuals for any type of profit making activity or event Note' A Special Event Permit application shall be submitted for all Category "B," "C," and "D" users. A detailed plot plan, use plan and staffing plan may be required to accompany the Special Event Permit application. A Certificate of Compliance may be required for Category "C" and "D" users. ... COMPREHENSIVE RENTAL FEE SCHEDULE Category "A" SPACE RENTAL COST CLEANING DEPOSIT Grounds & Kitchen No Charge No Charge Category "B" Grounds & Kitchen No Charge $200 00 Category "C" Grounds & Kitchen 1-3 Hcurs $150.00 $200.00 Each Add'I Hour $ 40.00 Category "R" Grounds & Kitchen 1-3 Hours $1 r5 00 $200.00 Each Add'I Hour 40.00 Additional Fees: 1) San Jacinto Police Officers used as Security — time and one-half plus 251/t 2'1 Alcohol for all events - $400,00 ($200.00 refundable). 31 Special Event Application Fee (Non-Refundable) - $ 25 00 4 Certificate of Compliance - $25.00