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Resolution No. 2279 for the use of Estudillo Mansion are outdated and in need of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.
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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.
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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.
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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.
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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.
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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.
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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]
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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)
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