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Home My WebLink AboutCC AG PKT 2005-02-14 #T AGENDA REPORT • DATE: February 14, 2005 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager • FROM: Lee Whittenberg, Director of Development Services • SUBJECT: 2005 MUNICIPAL CODE REVISION OVERVIEW • SUMMARY OF REQUEST: • Authorize City Manager and staff to prepare Municipal Code revisions as discussed. BACKGROUND: The City has recently completed a complete revision of the City 's Municipal Code, • except for Zoning, Subdivision and some related development portions of the Code. Those sections will not be revised and reformatted until the City receives approval from .. the Coastal Commission on its -Local Coastal Plan and Implementing Ordinances. At this time, there are several minor revisions to the Municipal .Code that have been . identified by staff as needing to occur, based on recent questions and issues that have • arisen. The proposed revisions will generally accomplish the following: ❑ Section 7.05.035 — Eliminate requirement for a "cat" license. • ❑ Add a new Chapter 7.55, Park Use Restrictions, to codify certain existing city policies regarding use of City park properties that are not enforceable as they are currently established by City Council Resolution 4313, Section 3.0 - Restrictions, adopted on June 26, 1995. These prohibitions are not enforceable through a • • - citation or misdemeanor process as they are not city laws, which are established by ordinance. A copy of Resolution 4313 is provided as Attachment 1 for the - • information of the City Council. ❑ Section 9.05.110 — revise to incorporate previous language from Section 4 -40 that, • was deleted regarding abandoned vessels on the shoreline at the request of the . • County Sheriff, Harbor Patrol Division. . FISCAL IMPACT: The potential negative or positive fiscal impacts of the proposed Municipal. Code • amendments are minor in nature. . . • • • Agenda Item • Z:Vdy Documents \MUNICODEE2005 Revisions.CC Staff Report.doc \LW\01 -20 -05 Proposed 2005 Municipal Code Revisions City Council Staff Report February 14, 2005 RECOMMENDATION: Authorize City Manager and staff to prepare Municipal Code revisions as discussed. NOTED • D APPR ED: / ee Whittenberg John C . Bahorski Director of Development Serv es City ./ anager Attachments: (1) - • Attachment 1: City Council Resolution 4313, A Resolution of the City Council of the City of Seal Beach Setting Policies and Procedures Governing the Reservation of City parks and Athletic Fields and the Rules Governing Their Use, • adopted June 26, 1995 • • • • f 2 • 2005 Revisions.CC Staff Report Proposed 2005 Municipal Code Revisions City Council Staff Report Februnrn 14, 2005 ATTACHMENT 1 CITY COUNCIL RESOLUTION 4313, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SETTING POLICIES AND PROCEDURES GOVERNING THE RESERVATION OF CITY PARKS AND ATHLETIC FIELDS AND THE RULES GOVERNING THEIR USE, ADOPTED JUNE 26, 1995 • 2005 Rcvisions.CC Staff Report 3 RESOLUTION NUMEER / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SETTING POLICIES AND PROCEDURES GOVERNING THE RESERVATION Or CITY PARKS AND . ATHLETIC FACILITIES AND THE RULES GOVERNING THEIR USE. THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES AS FOLLOWS: Section 1.0 PURPOSE AND INTENT The unregulated use of City parks by large organized groups can deprive the general public of the free and unimpeded use of park space, thereby depriving the public of an important recreational resource. Further, recurrent use of parks by organized croups has an impact on the parks different in quality and magnitude from use by the general public, creating. concerns regarding noise, traffic and parking, trash removal and clean -up, damage to turf and vegetation, public safety and liability. The purpose of this Resolution is to regulate the use of City parks and athletic . facilities by organized groups in order to ameliorate the foregoing problems, to assure reasonable and equitable access to City parks and athletic facilities both by organized groups • desiring to use the parks and athletic facilities and by the general public, and to establish policies and - procedures governing the reservation of City parks and athletic facilities and the rules governing their use. 1.1 The City parks and athletic facilities to which these • regulations apply are: .Almond Park, Arbor Park, *Aster Park, Bluebell Park, Edison Park, *Eisenhower Park, . - • *Greenbelt Park, *Gum Grove Park, Heather Park, *Marina Park, McGaugh Gym, McGaugh Pool, *Schooner Park, and Zoeter Field. *These parks are passive in nature and do not host athletic events. Reservations for'these parks will be handled by Special Event Permit. Section 2 -0 RESERVATIONS . 2.1 Groups of 25 or more persons wishing to use municipal - -parks or athletic facilities or any group wishing to - • reserve a park area or athletic facility for their' exclusive use for any combined or coordinated purpose or activity on a given date, must obtain a reservation permit from the City. A reservation permit may be obtained, but is not required, for the use of a City park or facility by a group consisting of fewer than 25 persons. 2.1.1 No more than one City park or athletic • facility may be reserved by any one person or • organization at one time. • 2.1.2 If a party wishes to renew a permit, they may apply two (2) weeks prior to the expiration of the original permit. - - 2.2 Reservations must be made in person, and on a form prescribed by the City, at the Recreation Office at City, Hall located at 211 Eighth Street, Seal Beach. 2.3 Applications must be received a minimum of five (5) • • business days prior to the requested date and will be accented up to six (6) months in advance for resident - • .groups and up to two (2) months in advance for non- . resident groups.. Applications shall not be accepted • Resolution Number - for processing unless all requested information is provided. Completed applications for the use of the same park or.facility shall be processed in the order completed. Permits will be issued within five (5) business days of application unless the five (5) business days of •application is waived in writing by the applicant. 2.3.1 Resident adult groups shall be those having at least 60% of their membership residing within the boundaries of Seal Beach (which includes Surfside), Los Alamitos and Rossmoor. 2.3.2 Youth groups are defined as persons age 16 and under. Resident youth groups are those that consist of at least 60% Seal Beach (which includes Surfside), Los Alamitos and Rossmoor residents. • 2.3.3 A valid California Drivers License, with current address, must be shown to establish residency of the applicant at the time of application. - • 2.3.4 Applicants shall, upon request by the City, • • execute an affidavit which affirms that the applicant is aware of the residency of group - members and that the resident group meets the requirements of this Section. 2.3.5 Permits shall not be approved for a period longer than three (3) months duration. - 2.3.6 No group shall be permitted more than once a week usage, unless a special allowance is granted by the Director of Community • Services. - - 2.3.7 Payment of all fees.required by the City must be made prior to a permit or contract being • granted. 2.3.8 User groups are to confine their use to area(s) designated and the time specified .on the use permit. set -up and decorating time shall be included in the total time reserved. • 2.4 Permits issued for athletic facilities. and parks are subject to cancellation, with advance notice whenever possible, due to rain, unplayable field conditions, • . -utility problems or unforeseen circumstances beyond the City's control. In such cases, alternate sites, dates, or times will be offered, or full refunds will be made. 2.5 Permission for use of facilities will be granted upon the condition that all rules governing use of said facilities will be followed. A permit may be revoked at any time for failure to do so. Section 3.0 RESTRICTIONS Upon compliance with the requirements of this Resolution, permits - shall be issued subject to conditions as are deemed necessary by the City Manager, or his or her designee, to assure that the activity will be compatible with the proposed location and with use of the park by others, the park will not be damaged or left in an unclean condition, and the activity will occur safely. • Conditions may include: - 3.1 All permit users shall be required to provide insurance • and to name the City of Seal Beach, its officers, • Resolution Number 44:3 • agents and employees as additionally insureds. The • reouired coverage limits shall be not less than $1 million in public liability and property damage • insurance. Permit users may provide said insurance • privately or may purchase said insurance through the insurer designated by the City. 3.2 No person, other than authorized city staff, shall operate or drive an automobile, motorcycle, truck, or • other conveyance in a city park except on the • designated roads. 3.3 No person shall wash or repair any conveyance listed above within any park except for law enforcement or emergency purposes. 3.4 No person, other than peace officers in the discharge of their official duties, shall possess, carry or use any fireworks, firearms, air guns, BB guns, bows and arrows, sling shots, knives, or other weapons potentially harmful to wild life or to human safety. 3.5 No alcoholic beverages are to be sold or consumed at - • any park or athletic facility. . 3.6 The sale or rent, or the soliciting for sale or rent, of any goods, equipment, merchandise, food, or beverages is prohibited except as allowed by Special • Event Permits. 3.7 No person shall conduct or participate in any sport or game within any recreational area other than in such areas designated for a sport or game. 3.7.1 No person shall drive, putt, or in• any other fashion play or practice golf on city park land or athletic field. • 3.7.2 To insure public safety, no person shall fly engine- powered model airplanes on or over city park land. 3.7.3 Soccer goals, volleyball poles, and the like, may not be permanently or semi - permanently placed on city park land unless authorized by the Director of Community Services. 3.8 No objects are to be suspended or attached to trees that could in any day damage or deface the trees. • Section 4.0 RESPONS!BILiT!ES 4.1 Security. When it is considered necessary by the City Manager, his designee, or the Seal Beach Police • Department, the assignment of one or more police officers or licensed security staff may be required. The cost of such shall be the responsibility of the permittee. 4.1.1 The City reserves the right of full access to all activities at its facilities to ensure -that all rules and regulations are being followed. 4.1.2 Authorized permittees shall be solely responsible for the conduct of their members or participants. • 4.2 Chaperon. Events where the majority of attendants are • minors must be chaperoned. in the ratio of one adult for every fifteen (15) minors. All persons under eighteen (18) years of age shall be deemed to be minors. • • Resolution Number i i-�J 4.3 Clean -up. Facilities must be left in a clean condition, including fields, restrooms, bleachers, etc. Violators may be charged for City staff time needed to clean up the facility. 4.3.1 Eased on the use or activity for which the permit is being sought, the permittee may be required to furnish additional sanitary and • refuse facilities that might be reasonably necessary. • 4.4 Concession Stands. Concession stands are not permitted, except with the specific permission of the City Manager • or his designee. • 4.4.1 Concession stands must_ be permitted by the Orange County Health Office. 4.5 Commercial Use. Authorized user groups which desire to use facilities for fundraising purposes shall be allowed to do so subject to policies and fees contained elsewhere herein. 4.6 Grooming Athletic Fields. - Permittees authorized to prepare game fields are responsible for ensuring that proper precautions are taken for preventing damage to sprinkler heads, fencing or grass edging when dragging • or watering the fields. ' 4.7 Emergencies. Authorized users shall immediately report any irregularities, serious problems, or emergencies related to the use of the facility to the Recreation Supervisor in charge or to the Police Department at (310) 431 -2541. Section 5.0 GROUNDS FOR DENIAL - • An application for a permit shall be denied if the City Manager •• • or his or her designee makes any one of the following findings: 5.1 The activity is proposed to be conducted in a park or facility or.portion thereof not physically.suitable to accommodate the activity. 5.2 The activity is proposed to be conducted in a park or facility or a portion thereof already reserved for another activity on the day and hour(s) requested. 5.3 The person or persons organizing the activity do not possess the necessary licenses, permits or certificates otherwise required by law to conduct the activity, or are otherwise not in compliance with any applicable laws or regulations. - 5.4 The issuance of the permit would violate the general requirements set forth in this Resolution. Section 6.D FEE SCHEDULE City Fee Schedules shall generally apply equally to all athletic fields, regardless cf size, type, etc. This is in consideration of the fact that fees quoted in the schedule only partially offset operating costs. 6.1 In the event of simultaneous scheduling requests for the same park or facility which overlap, first priority • in scheduling the facilities shall go to those programs sponsored by the Seal Beach Recreation Department. Second priority shall be given to local youth groups followed by local adult groups. Fourth priority shall go to non - resident youth groups, followed b non- , resident adult groups. Resolution Number 2 /3 • 6.2 The fee schedule shall be as established by Resolution of the City Council. NOW„ THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach to establish policies and procedures governing the reservation of City Parks and Athletic Fields and the rules governing their use. PASSED, A- PPROVED AND ADOPTED by the City Council of. tz City of Seal Beach, at a meeting thereof, held on the < day of `. ,vr..t/ - , 1995 , by the following vote: AYES: C Councilmembe / r,,y,n� , i , „�.roC /�j!„C1 /,l-!K��1 r;�.J / NOES: Councilmembers • ABSENT: Counci lmember` • • Mayor • p = OF S .AL. e , )] ] 7 ATTE,T: ^ � :. C.�: ^ / / City Clerk / :! � : • " 5 • STATE OF CALIFORNIA) ORANGE SS !] �` \ \ \� N VI _._ COUNTY OF ORANGE CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foreg Lno resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved�e -nd adopted by the City Council of the City sr,' Leal Beach, at a reguAax meeting thereof held on the r7 - day of 1995 • • 7 17 G / City Clerk C2 • • • • - ,