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HomeMy WebLinkAboutResolution - 3391 STATE OF CALIFORNIA ) RESOLUTION NO. 3391 COUNTY OF RIVERSIDE )ss .... CITY OF SAN JACINTO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA SETTING A POLICY AND PROCEDURE FOR THE USE OF ESTUDILLO MANSION AND ESTABLISHING FEES, AND MAKING FINDINGS IN SUPPORT THEREOF 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; and 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; and WHEREAS, existing City regulations established on March 1, 2001 by Resolution No. 2279 for the use of Estudillo Mansion are outdated and in need of revision and updating; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the City Council of the City of San Jacinto that a revised Policy and Procedures Manual for the use of the Mansion Grounds and establishing fees, as set forth in Exhibit A to this Resolution, is hereby adopted. SECTION 1. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 19th Day of July, 2011 by the following vote: Ayes: Di Memmo, Kotyuk, Ledezma, Miller Nays: None Absent: Bartel Abstain: None City of a J into Is>- by Scott Mi er, Mayor Page i of 2 ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP D cX4 � Jeffrey Ballinger, GhVAttorney NEW Page 2 of 2 EXHIBIT 'A' TO RESOLUTION NO. 3391 ESTUDILLO MANSION UPDATED POLICY AND PROCEDURES MANUAL, JULY 19, 2011 I POLICY It shall be the policy of the City of San Jacinto that the Estudillo Mansion 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. 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, etc. 6. Fee or Fees — shall mean a charge fixed by law for services or for use of a privilege under control of government. 7. 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 Grounds --- shall mean the grounds surrounding Estudillo Mansion, excluding the Mansion building and other buildings located at 150 S. Dillon Avenue, owned by the City of San Jacinto. 11 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. 1 A. Requesting and Reserving Use of Facilities. 1 Reservations for use of the Mansion Grounds shall be in writing on the Special Events Permit application form provided by the City at least 60 days prior to the proposed event. Applications may be obtained from City Hall during regular business hours. 2. 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. 3. All applications for use of the Mansion Grounds 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. 4. 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. An insurance certificate is required specific to the event proposed and the date of the event (see Special Events Permit application packet). An organization shall be responsible for obtaining new coverage for each event, and providing the City with a copy. 2 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 upon receipt of all documents at City Hall. The City Staff shall make copies of the documents for the Special Event Permit 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 prior to approval of the event. Failure to pay the fees shall be cause for automatic cancellation of the reservation. In all cases, full receipt of payment shall be received by the City prior to approval of the event. Extensions shall 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 Special Events Permit application, the application shall be processed by the Community Development Department. Should the application be denied for any reason, the applicant shall be notified in writing, and the appeal •— procedures outlined. d. The Finance 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. e. The Community Development Department shall review the application for proper insurance requirements. The applicant shall provide proof of insurance as required by the Special Events Permit application packet check list. f. In no case will an application be accepted when the requested day of use provides for less than 60 days for processing, unless good cause exists for the less process time. State, County or Local officials may request use of the facility on short notice, if a or private party has made a reservation for the facility and has canceled out, and the facility is available. These types of requests will be on a case-to-case basis. 3 D. Reason for Denying Request 1 The City may deny an applicant the privilege of using the Mansion Grounds even if the grounds are 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 Public Works Department will coordinate with the user, to open and close the Mansion Grounds at the time specified on the application. F. Categories of Use 1. In an effort to operate the facility as equitably as possible, use shall be defined in the following categories: a. Category "A" - All City sponsored activities and use by departments and divisions of the City. b. Category "B" - All non-profit organizations, (proof of nonprofit status may be required), clubs and associations, civic groups, and other governmental agencies. 4 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 applicant shall provide at his/her own expense additional equipment necessary, such as tables, chairs, food and drink serving equipment, shade structures, etc. 2. Shade structures or other equipment requiring staking or any ground disturbance shall not be installed in landscaped or turf areas which may damage underground water lines, sprinklers, etc. The location of any such equipment shall be shown on a site plan and approved by the Public Works Director. H. Life Safety 1. The use of Mansion Grounds shall be in accordance with the San Jacinto Municipal Code including those provisions pertaining to Building and Life Safety, and certain regulations regarding life safety during use of the Mansion Grounds. In addition, regulations shall be posted in various areas for public viewing, and shall not be removed. Controlled fires such as barbeque and cooking fires shall be allowed by approval of the Fire Department. Any required Fire Department inspection fees shall be paid solely by the applicant. 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 Grounds 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 Grounds 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. 5 ESTUDILLO MANSION REGULATIONS FOR INDIVIDUALS AND ORGANIZATIONS The following supplemental regulations for use of the Mansion Grounds relate specifically to individuals, clubs, community groups, and similar organizations. 1. Any individual, club, community group, or organization utilizing the Mansion Grounds must comply with all local, state, and federal laws. This includes necessary licenses, sales tax permits, worker's compensation, alcoholic beverages control,food handledservice permit from the County Health Department,and all other laws pertaining to the particular individual,dub, community group, or organization. No individual, dub, community group,or organization may use the Mansion as a mailing address. 2. Individuals, dubs, community groups, and organizations renting space may conduct sales and/or solicitations within the rented space for the duration of the signed Special Events Permit agreement. 3. Permission to use the Mansion Grounds 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, dub, 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 Grounds 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 Grounds. 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 Grounds. 6. Users shall not arrive prior to their prearranged starting time, unless authorized in advance. 7. Posting of signs, announcements, etc.on doors, walls,or fences is not permissible unless approved as part of the Special Events Permit. S. Use of hair dryers, curling irons, irons or any other type of similar electrical device is not permitted within the Mansion Grounds. 9. The City of San Jacinto Harassment In Employment policy will be applicable to all users of the Mansion Grounds. 6 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 Gty Manager or his/her designee. 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 ..r deducted from the refundable security deposit. 7 ESTUDILLO MANSION REGULATIONS FOR DISPENSING ALCOHOL The use of alcohol at the 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 3737 Main Street, Suite 900 Riverside, CA 92501 (909) 782-4400 Hours: 8:00 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. 8. 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. San Jacinto Police Officers or private security staff approved by the Police «.. Department shall be used as Security. Private security must be licensed and bonded. 8 APPPENDIX A CITY OF SAN JACINTO BOLD HARMLESS AGREEMENT I, as a user of the Estudillo Mansion Grounds located at 150 S. Dillon Avenue, San Jacinto, CA 92583, 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 from 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 print name] [Signature] [Date] [Witness print name] [Signature] [Date] 9 APPENDIX B FEES FOR ESTUDILLO MANSION ... CATEGORY TYPES: "A" CIVIC: City-Sponsored activities and use by Departments and Divisions of the City. "B" CIVIC GROUPS: Non-Profit 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 Events 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 GROUNDS ONLY RENTAL COST SECURITYICLEANING DEPOSIT Category "A" No Charge No Charge Category "B" No Charge $200.00 Category "C" 1-4 Hours $400.00 $500.00 or $1,000.00 (4) Each Add'I Hour $100.00 Category "Dr' 1-4 Hours $400.00 $500.00 or $1,000.00 (4) Each Add'I Hour $100.00 Additional Fees: 1) San Jacinto Police Officers used as Security— extra duty rate 2) Alcohol for all events - $400.00 ($200.00 refundable) 3) Special Event Application Fee (Non-Refundable) - $200.00 4) Large events require $1 ,000.00 security/cleaning deposit (to be determined by Public Works Director) 10