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HomeMy WebLinkAboutReso 99-148 - Amending City Council Policy 1201 Entitled Policy 13 Re Certain Uses of City Parks & Rec Facilities for Fundraising Purposes • , • • RESOL�JTION NO. 99-� A RESOLUTION OF THE CITY CO�JNCIL OF THE CITY uDF REDDING AMENDING COUNCIL POLICY 1201 �N�ITI,�D POLICY 13 RE CERTAIN USES OF CITY PARKS AND RECREATIONAL FACILITIES FOR FUND-RAISING PURPOSES WHEREAS, the City Council adopted Policy 1201 pertaining to certain uses of City parks and recreational facilities for fund-raising purposes, which policy has been amended from time-to-time; and WHEREAS, the City Council wishes to further amend the policy to allow �ta.ff to review all fund-raising appli�cations; THEREFORE, BE IT RESOLVED by the City Council that Council Policy 1201 entitled Policy 13 re Certain Uses of City Parks and Recreational Facilities for Fund-raising Purposes be amended as set forth in the update attached and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 16�' day of November, 1999, by the following vote: AYES: CO�JNCILMEMBERS: Cibula, McGeorge, Pohlmeyer and Anderson NOES: COLINCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kight ABSTAIN: COLTNCIL MEMBERS: None � ROBERT C. ANDERSON, Mayor Attest: Form Approved: �� , � ' /'� ,�-�-��������- � � �� l � Connie Strohmayer, C' Clerk W. Leonard Wingate, Ci ttorney w ' � � , ' • • • ° CITY OF REDDING City Council Policy Subject: Policy Number Etfective Date Page Initial POLICY 13 RE: CERTAIN USES OF CITY PARKS AND RECREATIONAL FACILITIES 1201 11/18/68 1 FOR FUND-RAISING PURPOSES Background The Redding Recreation and Parks Commission formulated Policy 13 to establish certain policies and procedures relating to the use of City parks and recreational facilities by persons or organizations,whether non-profit or private enterprise business,forfund-raising purposes. Policy 13 was reviewed by a Council Committee,and itwas the Committee's recommendation that the substantive provisions of said policy be adopted as part of the official policy of the City by appropriate resolution. , • Purpose The City Council studied said policy and procedures and deems it to be in the best interests of the City that an official policy and procedures be established for the processing of applications for use of City of Redding parks and recreational facilities for fund-raising purposes. Policy It shall be the established policy of the City that applications for use of City parks and recreational facilities by any and all persons or organizations,whether non-profit or private enterprise,for fund-raising purposes shall be permitted only in those cases where the applicant complies with the following Procedures herein established: Procedures A. Any and all persons or organizations,whether non-profit or private enterprise, requesting the use of all or a portion of a City park or recreational facility,or to operate a concession in connection with or upon any portion of the park and recreation facilities of the City,shall submit an application for use in writing to the ' Recreation Superintendent,on a form approved by the City. A copy of this policy shall be attached to and form part of the application form. The term "Director" shall � refer to the Community Services Director. B. The application for use shall be reviewed by the Director or his/her desiynee,who shall make certain that it is complete and meets the following general standards and criteria. 1. The proposed fund-raising activity must be recreational in nature or have a recreational content, and be in accordance with the ordinances of the City and the regulations and policies established in connection therewith by the City Council and the E�tsste�Community Services Advisory Commission. 2. The net proceeds must be used for the general public betterment, and not for the primary advancement or betterment of the applicant. No part of the net proceeds may be kept by any applicant,whetheran individual,partnership,association,corporation,orotherentity,including its officers, officials, employees, agents, members or volunteers. � . • • • Subject: Policy Number Efifective Date Page Inifial POLICY 13 RE: CERTAIN USES OF CITY PARKS AND RECREATIONAL FACILITIES 1201 11/18/68 2 FOR FUND-RAISING PURPOSES Exempted from the requirement for funds to be used for the general public betterment,but not from submitting applications for use, are: (a) The Shasta County Arts Council's use of Old City Hall Park while under lease from the City; (b) The North Valley Art League's annual Art Faire at the Cottage Gallery while under lease from the City; and (c) The Redding Museum of Art and History's annual Arts and Craft Faire in Caldwell Park, established in 1965 and exempted prior to the formation of Policy 13. 3. Notwithstanding the provisions of Redding Municipal Code Section 10.20.030 entitled Park House,the exclusive use of all or any portion of a City park or recreational facility shall not commence before 7:00 a.m.,and shall terminate no laterthan 1:00 a.m.the day following. 4. Excessive noise or violation of the hours of permitted use shall be grounds for the termination of an existing application for a permitted use, or, in the case of a renewal application, shall be grounds for denying the renewal application. 5. No alcoholic beverages of any sort may be sold within the permitted use area by the applicant without first obtaining the express written approval of the City Manager. 6. Beverages must not be dispensed in glass containers,but in cans or paper or plastic cups. 7. If the proposed use involves the sale or other provision of food,the applicant shall consult with and comply with any and all instructions from the Shasta County Health Department in regard to all food preparation and handling processes relating to the applied-for us 8. The applicant shall, as a condition subsequent to the granting of an application for use issued pursuant to this policy,comply with all health and safety requirements of the State of California and the City of Redding relating in any way to the permitted use. 9. Any form of gambling or game of chance as part of the proposed use is prohibited,and the observation of any gambling or game of chance within the use area shall be grounds for the immediate termination of the application for use. 10. The applicant shall not discriminate against any person because of his or her race,national origin, ancestry, color, sex, religious creed, physical disability, mental disability, medical condition, or mental status. . � i J,� Subject: Policy Number Effective Date Page Initial POLICY 13 RE: CERTAIN USES OF CITY PARKS AND RECREATIONAL FACILITIES FOR FUND- 1201 11/18/68 3 RAISING PURPOSES 11. The applicant,as a condition subsequent to the granting of an application for use,expressly covenants and agrees to indemnify, save harmless,and defend the City, it's officers, officials,employees, agents and volunteers from any and all liability and claims for damages or loss of whatever nature and kind in any way connected with applicant's use,otherthan that caused by the negligence or other legal fault of the City or its officers, officials, employees, agents and volunteers. 12. Evidence ofgeneral liability insurance and,if applicable,liquor liability,with limits no less than$1,000,000 per occurrence,shall be provided to the Risk Manager of the City priorto the event/use. The policies and any required endorsements shall be in a form satisfactory to the Risk Manager and shall be provided by the applicant at the applicant's cost as a condition to the approval of any such application for use. C. The Director or his/her desiqnee shall administer the approval or denial of the application for use of City of Redding parks and recreational facilities,togetherwith any amendments to or conditions to be imposed upon the proposed use. , 1. Alcoholic beverages will not be served: Approved applications for use shall be signed by the Director. If the application for use is denied, the applicant shall then appeal in writing to the Community Services Advisory Commission. 2. Alcoholic Beverages will be served: Approved applications for use shall be signed by the Director. If the application for use is denied, the applicant shall then appeal in writing to the Community Services Advisory Commission. 3. Alcoholic beverages will be sold: Ifthe applicantwishes to sell alcoholic beverages,he must,in addition to the requirements ofthis policy, complywith the provisions of Redding Municipal Code Section 10.20.040,Possession or Consumption o Alcoholic Beverages in City Parks, and obtain the approval of: � ; � ; . The Director of Communitv Services. 4. Appeal to the Communitv Services Advisorv Commission: If any application for use is denied,after havinq qone throuqh the approval and appeal qrocesses outlined here, the applicant mav appeal in writinq to the Communitv Services AdvisoN Commission. 5. Appeal to City Council: If any application for use is denied,after having gone through the approval and appeal processes outlined herein, the applicant may appeal in writing to the City Council, whose decision shall be fin'al. D. No approved application for use may be sold,assigned,transferred,or subletwithoutthe priorwritten consent o the City first had and obtained; and nothing herein is intended nor shall be construed to create an employer- employee or joint-venture relationship with the City. The conditions herein shall be binding upon the applicant and applicanYs successors and assigns. AMENDED BY RESOLUTION 80-99 AND 95-168.