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HomeMy WebLinkAbout2010/11/09 Item 10 CITY COUNCIL AGENDA STATEMENT " ~<..:; '.". ~ 1ft- ClIT OF ,~ (HUlA VISTA 11/09/10, Item !O REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY GOVERl'JING THE COMMERClA.L USE OF THE LAUDERBACH COMMUNITY CENTER ~ DIRECTOR OF PUBLIC WORKS W h\ ASSIST ANT DIRECTOR OF ENGIN EP,J;X~ CITY MANAGER vf4i ~ ASSIST At'iT CITY~?':;:~AGER '7/ 4/STHS VOTE: YES 0 NO Bl ITEM TITLE: SUBMITTED BY: SUMMARY As Council is aware, City staff has been working for several months to re-open the Lauderbach Park Community Center. With the help of our Custodial and Parks personnel, the Center is now in a usable condition after a long period of vacancy, Howev';r, given the current economic climate, funding the operation and maintenance of this facility is problematic, With this in mind, statl is endeavoring to establish a private-public partnership that fulfills a community need for banqLlet facilities in the Southwest while at the same time generating sufficient revenue to maintain, improve, and operate the facility, ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the envLronment; therefore, pursuant to Section IS061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA, Thus, no environmental review is necessary, RECOMMENDATION Council adopt resolution, BOARDS/COiVlMISSlON RECOMMENDA nON Not applicable, 10-1 11/09/10, ItemK Page 2 of 3 DISCUSSlON Staff is currently pursuing a two-pronged approach to fully utilizing the Lauderbach Community Center located at Lauderbach Park. The first involves developing a professional relationship with one or more civic groups to program and operate the facility on a day-to-day basis during the week. The second element is for the weekend use of the Community Center building and front court yard for private functions. In these economic times, it is essential that we find ways to fund the use and maintenance of our facilities. A private-public partnership that fulfills a community need for banquet facilities in the Southwest while at the same time generating sufficient revenue to provIde for the maintenance, improvements, and operation of the facility. Weare currently working with a team of local event planners and caterers to develop an organized and professional booking and marketing plan for the facility. On October 13th, the team held an Open House to showcase and market their capabilities as event host and to demonstrate the potential of the Lauderbach Center. This event was well received and the hall is starting to get bookings. Because there appears to be solid demand for the facility as a banquet hall, staff is asking the Council to establish a policy governing its commercial use. Council's existing policy regarding the use of recreational facilities (No. 861-01) was adopted in 1983 and does not adequately address this type of usage. Attached is a set of rules, regulations and fees that staff is proposing for the Community Center. These are generally consistent with those currently used by the Recreation Department in the rental of other facilities with minor modifications specific to this site. These rules are intended to provide a safe, secure and clean facility for professionally planned and orchestrated events. They require, among other things, security guards, liability insurance, specific hours and standards of operation, cleaning fees and security deposits. Additionally, we are proposing to only book commercial events through professional event planners that we pre-qualify and perform reference checks on. The fee structure included in the attached form is not included in the Council Policy as these are revised periodically thru the Master Fee update process. The final element of this proposal that we are asking Council to consider is the limiting of hours that Lauderbach Park is open. In order to ensure that sufficient parking is available for events and to mitigate some of the crime issues that exist at this park, staff is recommending that the park only be open to the public from 7:00 AM until 5:00 PM. Organized activities that are coordinated with City staff such as sports practices, special or community functions and commercial events would be exempt and could take place until II :00 PM as is currently allowed. DECISiON MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject of this action. 10-2 -" 11/09/1 0, Item I {/ Page 3 of 3 CURRENT YEAR FISCAL IMPACT It is anticipated that this proposal will generate a positive revenue stream of $11,000 in the current fiscal year to the General Fund. ONGOING FISCAL IMPACT It is anticipated that this proposal will generate approximately $2,000 per month in new revenue to the General Fund, ATT ACHMENTS 1, Proposed Facility Rules Prepared by' Rick Ryals, Real Property Alanager" Public Works-Engineering J<\Engll1eerIAGENDA\CAS201m] J-09-10ILouderbach CC Council Polin' dm edils.doc 10-3 ATTACHMENT .-.L CHULA VISTA FACILITY RULES AND RESERVATION INFORMATION FOR LAUDERBACH PARK COMMUNITY CENTER User: Event Date: or Valid from/to mmm PROCESSING L Application for llse of facility must be made at least 21 days in advance of the date of the function. Application will not be accepted earlier than twelve (12) months prior to the event. 2. A permit shall only be issued to: (l) An individual; or (2) An officer, agent, authorized to apply for such a per;";t on behalf ofa legal entity organized under or recognized by the laws of the State of California (User). 3. The User whose name appears on the Facility Use Agreement will be held responsible for group use. User must be at least 21 years of age and be present at the facility throughout the entire event. Alcohol permits may be issued for social, fraternal, patriotic, athletic, religious or charitable events, but /lot for youth oriented events where the majority of attendees are under age 21; the City reserves the right to make the final decision regarding whether an activity is classified as youth oriented. 4. The date will be reserved when the completed application, and Security Deposit has been submitted. 5. The balance due must be paid in full no less than 21 days prior to the date requested. If any payment is made within the three ,",,,eek window prior to the day of the event~ you must pay with cash, credit card or cashiers check, and your security deposit will be held an extended period of time. 6. Facility use is not confirmed until full payment of fees has been received. 7 All changes in facility use arrangements must be coordinated with the Real Property Manager in charge of the facility. mmm FEE AND CHARGES Charges for renting the Lauderbach Park Community Center consist of the following: A. *BASIC NO ALCOHOL RENTAL FEE - $150.00 per hour (4 hour minimum) or $1,OOO/full day The rental fee will be assessed from the time reserved for setting up and/or decorating, until the time the group has cleaned and vacated the building, regardless of whether the renting party is in the facility the entire time. * A non-alcohol rental is permitted to have a "champagne toast" for up to one-hour. B. BASIC ALCOHOL RENTAL FEE - $175.00 per hour (4 hour minimum) or $1,200/full day The rental fee will be assessed from the time reserved for setting up and/or decorating, until the time the group has cleaned and vacated the building, regardless of whether the renting party is in the facility the. entire time. C. JANITORIAL FEE - $100.00 User is responsible for cleaning up after their event including the removal of all decorations, tablescapes, stages, props, etc. Custodians will come in and clean and replenish the supplies in the bathrooms and kitchen, and mop the floors in the hall and empty garbage from trash receptacles. Any additional cleaning and/or repair cost will be deducted from User's deposit. D. SECURITY DEPOSIT- $300.00 Staff will do a walk-through inspection of the facility with the responsible party before and after fhe event. Damage repair costs or additional cleaning fees required following an event will be deducted from the Security Deposit. Any deposit to be refunded will be paid by check made payable to the applicant, and mailed to fhe address listed on the Facility Use Agreement. Allow three (3) to six (6) weeks following the event for processing. Some refunds may be delayed an additional two weeks after the payment (see #5 under Processing). E. CANCELLATION POLICY mmm Fifty percent of the deposit will be refunded for cancellations that are made at least ninety (90) days prior to the event. Any cancellation made less than ninety (90) days prior to the event will result in loss of security deposit. F INSURANCE mmm The User must have event insurance, purchased through the City of Chula Vista Risk Manager with Liquor Liability coverage or may provide the City with other form of coverage acceptable to the City's Risk Manager seven days in advance of the event. Any coverage shall name the City ofChula Vista, it's Officer's, employees, and agents as additional insured. In addition, insurance shall not limit any other obligations under this agreement. For further information, call (619) 476- 5]72. Lauderbach COnm1ll11ity Center 10-4 Page 10f4 G. liNWORivlED PRIVATE SECURITY !!!ml!nl Uniformed, private security s~rvices pre-approved by the City must be provided at the expense of the permit holder at all functions at which alcohol is served and at any function with over 100 guests. At events where security is required, the guanl(s) are to monitor the event from the time Set up begins to the time that clean up ends. (One uniformed security personnel for up to 100 persons; additional guards required as event risk and/or number of persons increases.). No alcoholic beverages may be served prior to the arrival of security persoilllel. The User pays the third party pre-approved security company for security services, not the City of Chula Vista. CENTER USE RULES AND REGULATIONS mll 1 No alcohol storage is available outside of permitted hours. 2. Only beer, wine and champagne may be served. 3. The pen11it lllust be in the possession of the permit holder or applicant at and d~lring the event, and must be produceJ upon request. 4 Permits shall be vahd only for the times specified in the permit. You must pay for additional set-up and/or breakdown time of tables, chairs, etc. S Alcoholic beverages are to be served only to adults, age 21 or ulder. Violation of this law may result in the disbanding of the event. 6 For programs at which alcohol is being sold rather than merely served, all event sponsors mnst obtain an appropriate license from the Department of Alcoholic Beverage ControL 7. Solicitation of donations, selling of tickets or tokens of any kind for alcoholic beverages is prohibited unless a license has been issued by the State Department of Alcoholic Beverage Control. R. For programs in which no admission fee is charged, and there is no charge for alcohol, all event sponsors must sign an application for an Alcoholic Beverage Permit from the City. The City provides the permit, which must be signed before the start llfthe program and posted in the room where the alcohol is to be served. It is not permissible to charge an admission fee or a fee for alcoholic beverages at this type of program. 9. No permit may allow the consumption of alcoholic beverages before 12 pm or after 10 pm and events at which alcohol is served may llot last more than five hours. Alcoholic beverages may be served and consumed only during the event hours indicated on the permit. No alcohol is to be consumed during set-up or clean up. 10 Beer kegs are prohibited {2. 66. 035). "Keg" means any container made of any material, including but not limited to metal, plastic or wood, capable of holding three gallons or more of an alcoholic beverage. 11. Food must be provided if alcohol is served. 12. Ahsolutely no smoking is allowed in interior of the facility. 1'1 The kitchen may be used for heating food only. 14. All caterers and their employees must have current San Diego County Health Permits. 15. Music may not be audible for more than SO feet outside of the facility (CYMC 2.55.185). All electronic sound producing and/or amplifying equipment must be tumed off and disconnected no later than 10:00 P .:tvL 16. No issuance of a permit shall have the effect of requiring the city personnel to issue such a permit upon any subsequent application by the same individual or entity. 17. All beverages will be served in cans or paper or plastic cups (not larger than 16 ounces for beer and 10 ounces for wine and champagne). Alcoholic and nonalcoholic beverages will be served in distinctly different containers. Alcohol cannot be served in glass containers. {CYMC 2.66.035,1 18. No alcohol may be possessed or consumed in association \vith the event on any public street, sidewalk, parkway or parking lot within or immediately adjoining a City park or recreation center (CYTVIC 2.66.045). 19. Alcohol advertising is not permitted. 2U Nonalcoholic beverages (sodas, juices, "vaters, etc.) shall be made available and promoted equally for the duration of any event where alcoholic beverages are served. 21.. Alcoholic beverage service will be limited to two drinks per person at each visit to the point of service. 22. Alcoholic beverage service will be discontinued one hour prior to the end of the event. 23. Alcoholic beverages will not be promoted in sllch a manner as to encourage over consumption. Drink contests and similar activities are prohibited. 14. Non-alcoholic beers and wines wiltnot be selved to minors. 25. The Lauderbach Park Community Center doses at 11:00 P.l\'1. All event activities must be conduded by 10:00 P.l\I. and the facility must be cleaned and completely vacated by 11:00 P.M. 26. If electrical or plumbing system fails, it may be viewed as the renting party's fault. Staff present may NOT be able to assist with infrastmcture problems created by users from the renting party. This includes, but is not limited too, toilet blockage, blown electrical fuses, etc. Lauderbach Community Center 10-5 Page 2 of 4 SET-UP. CLEAN UP. STAFF PRESENCE. DECORATIONS. & BREAK-DOWN mIl 1. City employees present during the rental are only at the rental to ensure the renting party is abiding by the contract of the rental. City employees present during the rental are NOT permitted to assist \Vith set-up or breakdown of tables and chairs, cleaning of the facility after the rental, or complete miscellaneous maintenance tasks. 2. Applicant is responsible for setting up and taking down all tables and chairs. Clean aisles to all doors designated "EXIT" must be maintained at all times. 3 Any mess created at your event, needs to be cleaned. The room must be restored to the condition before the rental. 4 GlOUpS utilizing the facility are responsible for the application and complete removal of all decorations. 5 No decorations of any kind may be attached to any part of the facility or facility equipment with tacks, staples, glue, etc. 6. No decorations may be attached to the walls in any manner. 7 Decorations may be attached to tables and chairs with masking tape. S. Transparent tape may not be used. All tape must be completely removed during clean up. 9 All decorations are to be made of flameproof material. Use of any type of candle or open flame is prohibited. 10. The petl11it holJer shall be personally responsible for any cleaning, trash disposal or repairs necessary as a result of the event for which the permit is granted. The applicant/pelmit holder is responsible for cleaning the facility, including the removal of all alcoholic beverages and empty containers inU11ediately following the conclusion of the event. 11. All tables and chairs used must be wiped do\Vll prior to storage. 12. All tables and chairs must be placed back in room per diagram. See staff for further details. mIl DENIAL OF PERMIT (1) Issuance ofsnch permit may be denied npon the grounds that the issuance of the permit wonld be detrimental to the public health, safety and welfare by reason of the nature of the event; the likelihood in the reasonable judgment of the Property Manager or designee responsible for review and issuance of the permit that the event would create a public nuisance or result in the consumption of alcoholic beverages by minors; its location within the community; or the failure of the applicant or permit holder in (l past event, for which a permit was required, to conduct the event in compliance with applicable laws, regulations and Departmental rules. (2) Issuance of the permit may be denied if another event has previously been scheduled for that location on the same day for \vhich the permit is sought or if issuance of the pennit would unreasonably interfere with normal activities and customary and general use and enjoyment of the location. (3) Alcoholic beverages are to be served only to adults, age 21 or older. Violation of this law may result in the disbanding of the event. (4) ANY FACfLlTY USE AGREEMENT IS SUBJECT TO THE CONDITION THAT THE CITY EXPRESSLY RESERVES THE RIGHT TO UNILA TERALL Y CHANGE OR REVOKE THE APPLICATION IN PART OR ENTIRELY SHOULD THE CITY'S FACILITY USE POLICIES AND/OR PROCEDURES CHANGE. FAILURE TO COMPL Y FULLY WITH ESTABLISHED CENTER RULES AND REGULATIONS WILL RESULT IN COMPLETE FORFEITURE OF SECURITY DEPOSIT AND MAY RESULT IN IMl\l!EDIATE CANCELLATION OF PERJ\1IT. Lauderbach Community Center 10-6 Page 3 of 4 HOLD HARMLESS COVENAi'!T ~ The undersigned parties in consideration for the use of the property oftlle City ofChula Vista and any facilities thereon, hereby agree that they will defend, indemnify, and hold the City of Chula Vista, its officers and employees, flee and harmless from any and alll1abilities, claims, actIOns, suits, liens, judgments, costs, charges, and expenses arising from or on account of the undersigned's acts, omissions, negligent, or \villful misconduct ofitselt~ its agents, employees and volunteers related to or in connection \v]th its usage of the property designated below, to the full extent provided for by law. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys f~es) to the extent arising from the sole negligence or sole willful misconduct of the City, its officers, employees, or agents. Included in this obligation is the applicants's obligation to defend, at applicant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. If, in the reasunable judgment of the City Attorney of the City Of Chula Vista, the City chooses to conduct its O\vTI Jefellse, the applicant shall pay all fc:es and expenses associated with such defense. Applicant shall pay and satisfy any judgment, aw::ud or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all relateu reasonable legal expenses and costs incurred by each of them. Applicant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. Applicant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth herein. Applicant's obligations shall survive the terminatiun of this Agreement. Facility to be used: Lauderbach Park Community Center, 333 Oxford Street, Chula Vista L have read and completely understand the above rules and regulations. DATE: SIGNATURE: Rev 09108/10 Lauderbach COTI11nunity Center 10-7 Page 4 of 4 RESOLUTION 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY GOVERl'JING THE COMMERCIAL USE OF THE LAUDERBACH COMMUNITY CENTER WHEREAS, the City of Chula Vista currently has a Community Center at Lauderbach Park that is largely unused, and . WHEREAS, there is a community need for banquet facilities in the Southwest, and WHEREAS, in these economic times it is essential that we find ways to fund the use and maintenance of our facilities, and WHEREAS, a private-public partnership that fulfills a community need for banquet facilities in the Southwest while at the same time generating sufficient revenue to maintain, improve, and operate the Lauderbach Community Center; and WHEREAS, in order to provide a safe, secure and clean facility for professionally planned and orchestrated events it is necessary for Council to establish a Policy governing the commercial use of the Lauderbach Community Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish and adopt Council Policy No. _ governing the commercial use of the Lauderbach Community Center. A copy oftms Policy is attached hereto and by reD rence made a part of this Resolution. Richard A. Hopkins Director of Public Works Presented by a Miesfeld! City Attorney 10-8