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HomeMy WebLinkAbout2023-04-04 PRC Regular Meeting Agenda Packet City of Palm Desert Page 1 PARKS AND RECREATION COMMITTEE CITY OF PALM DESERT, CALIFORNIA AGENDA (HYBRID MEETING) City Hall, Administrative Conference Room 73-510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting will be conducted as a hybrid meeting. • To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/87516532082 or call (213) 338-8477, Zoom Meeting ID: 875 1653 2082. • Written public comment may also be submitted to smuir@cityofpalmdesert.org. Emails received by 7:30 a.m. prior to the meeting will be distributed to the committee. Any correspondence received during or after the meeting will be distributed to the committee as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1. CALL TO ORDER 2. ROLL CALL 3. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Parks and Recreation Committee on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the committee to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 4. PRESENTATIONS A. CITY CLERK UPDATE ON ORDINANCE NO. 1390 AMENDING PALM DESERT MUNICIPAL CODES RELATIVE TO APPOINTED BODIES Tuesday April 4, 2023 8:30 a.m. Regular Meeting Parks and Recreation Committee Agenda April 4, 2023 City of Palm Desert Page 2 5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by Committee Members for a separate discussion. A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Parks and Recreation Commission Regular Meeting minutes of March 7, 2023. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 6. ACTION CALENDAR None. 7. INFORMATIONAL REPORTS & COMMENTS A. UPDATES FROM PARTNER ORGANIZATIONS a. FAMILY YMCA OF THE DESERT b. DESERT RECREATION DISTRICT c. PALM DESERT AQUATIC CENTER d. FIRST TEE – COACHELLA VALLEY e. FRIENDS OF THE DESERT MOUNTAINS f. PALM DESERT LIBRARY g. FRIENDS OF THE LIBRARY B. PARKS AND RECREATION COMMITTEE MEMBERS a. HOVLEY SOCCER PARK b. JOE MANN PARK c. FREEDOM PARK C. CITY COUNCIL LIASON D. CITY STAFF a. PARKS ORDINANCE RED-LINE, NEW ADMINISTRATIVE POLICY, AND PORTOLA COMMUNITY CENTER POLICY UPDATES SUBMITTED FOR REVIEW (DISCUSSION AND ADOPTION PLANNED FOR MAY 2, 2023) E. ATTENDANCE REPORT 8. ADJOURNMENT: The next Regular Meeting will be held on May 2, 2023, at 8:30 a.m. Parks and Recreation Committee Agenda April 4, 2023 City of Palm Desert Page 3 AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Parks and Recreation Committee was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. /s/ Monique Lomeli Recording Secretary PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the City’s Development Services Department, Parks and Recreation Division, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. City of Palm Desert Page 1 PARKS AND RECREATION COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES Pursuant to Assembly Bill 2449, this meeting was conducted as a hybrid meeting with in- person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Parks and Recreation Commission was called to order by Chair Dawson on Tuesday, March 7, 2023, at 8:30 a.m., in the Administrative Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL Present: Commissioners Randy Guyer, Lori Flint, James Henderson (Remote) John Maldonado, Paul Murphy, David O’Donnell, Ralph Perry, Vice Chair Gregg Akkerman, and Chair Gerald Dawson. Absent: None. Liaison(s) Present: Evan Trubee, City Council Liaison Staff Present: Todd Hileman, City Manager; Chris Escobedo, Assistant City Manager; Shawn Muir, Management Analyst; Monique Lomeli, Recording Secretary, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 3. NON-AGENDA PUBLIC COMMENT: None. 4. CONSENT CALENDAR: A. APPROVAL OF MINUTES MOTION BY COMMISSIONER GUYER, SECOND BY COMMISSIONER PERRY, CARRIED 9-0, to approve the Parks and Recreation Commission Regular Meeting minutes of February 7, 2023. Tuesday March 7, 2023 8:30 a.m. Regular Meeting Item 5A-1 Parks and Recreation Commission Minutes March 7, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES 5.ACTION CALENDAR A.REQUEST DIRECTION ON POTENTIAL BAN ON MYLAR BALLOONS IN CITY PARKS Deputy Director of Economic Development Amy Lawrence provided a verbal report regarding the proposed ban of mylar balloons in City parks and responded to Commissioner inquiries. Following discussion, MOTION BY COMMISSIONER MURPHY, SECOND BY COMMISSIONER O’DONNELL, CARRIED 9-0 to recommend to the City Council a city- wide ban on mylar balloons. B.PARK ORDINANCE AND ADMINISTRATIVE POLICY Senior Management Analyst Muir narrated a PowerPoint presentation regarding the proposed Park Ordinance and Administrative Policy and responded to Commissioner inquiries. Following discussion, MOTION BY COMMISSIONER GUYER, SECOND BY VICE CHAIR AKKERMAN, CARRIED 9-0, to recommend to the City Council the proposed Park Ordinance and Administrative Policy Option 2, consisting of a two (2) type scaled system, as amended. C.BUMP & GRIND SELFIE STATION Senior Management Analyst Muir provided an update on the options for a selfie station at the Bump & Grind trailhead and responded to Commissioner inquiries. Following discussion, MOTION BY VICE CHAIR AKKERMAN, SECOND BY COMMISSIONER O’DONNELL, CARRIED 9-0, to encourage Staff to develop the stacked block letter design, including the City and trailhead name, with beautification of the surrounding areas. 6.INFORMATIONAL REPORTS & COMMENTS A.PD LINK UPDATE Deputy director of Public Works Randy Bowman narrated a PowerPoint presentation, providing an update on the City’s Active Transportation Program and responded to Commissioner inquiries. Following discussion and response from City Manager Hileman, the Commission requested staff add this item to the April 4, 2023, meeting agenda. B.UPDATES FROM PARTNER ORGANIZATION a.FAMILY YMCA OF THE DESERT No report was provided. Item 5A-2 Parks and Recreation Commission Minutes March 7, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES b.DESERT RECREATION DISTRICT Community Services Manager, Brenda Nutcher provided a written report regarding Desert Recreation District. Kevin Kalman provided a verbal report regarding Desert Recreation District’s upcoming fundraisers. c.PALM DESERT AQUATIC CENTER No report was provided. d.FIRST TEE – COACHELLA VALLEY No report was provided. e.FRIENDS OF THE DESERT MOUNTAINS Executive Director, Tammy Martin provided a verbal report regarding Friends of the Desert Mountains Wildflower Festival and rescheduled 5k event. f.PALM DESERT LIBRARY A library representative provided a verbal report on the Palm Desert Library. g.FRIENDS OF THE LIBRARY President, Karen Gonzalez provided a verbal report regarding Friends of the Library. Assistant City Manager Escobedo responded to President Gonzalez’s inquiries regarding the operations of the library. C.PARKS AND RECREATION COMMISSIONERS a.WASHINGTON CHARTER No report was provided. b.PALMA VILLAGE PARK Commissioner O’Donnell provided a written report on Palma Village Park. c.MAGNESIA FALLS PARK No report was provided. d.CIVIC CENTER PARK/AQUATIC CENTER Commissioner Maldonado provided a verbal report on Civic Park. Item 5A-3 Parks and Recreation Commission Minutes March 7, 2023 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES e. PALM DESERT AQUATIC CENTER FEES STUDY The Commission requested for staff to add this item to the April 4, 2023, meeting agenda to include additional information on the fee structure. D. CITY COUNCIL LIAISON Councilmember Trubee reported his interest in the continued success of the Palm Desert Library and encouraged the Commission to share feedback. E. CITY STAFF a. FOLLOW UP ON BIKE TRAIL REQUEST Senior Management Analyst Muir provided an update regarding the bike trail request. F. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 7. ADJOURNMENT The Parks and Recreation Commission adjourned at 9:54 a.m. Respectfully submitted, Monique M. Lomeli, Senior Deputy Clerk Recording Secretary ATTEST: Shawn Muir, Management Analyst Secretary APPROVED BY THE PARKS AND RECREATION COMMISSION: __/__/2023 Item 5A-4 FAMILY YMCA OF THE DESERT 43-930 San Pablo Avenue, Palm Desert, CA 92260 760-341-9622 Fax: 760-779-9651 www.ymcaofthedesert.org March 15, 2023 Family YMCA of the Desert April 4, 2023 | City of Palm Desert Commission Report FROM: Paula Simonds,CEO School Age & Early Childhood Education Programs in Palm Desert: Enrollment Numbers Jean Benson: Fee For Service: 34 California State Preschool Program: 40 Carter: 71 Reagan: 41 2023-2024 School Year enrollment for School Age Programs opened on March 6, 2023. Programs: Enrollment Numbers: Registration as 3.15.23: Winter Basketball ended 3/11/2023 and had a very successful season of basketball games at both the San Pablo YMCA and Shadow Hills Basketball gymnasiums for 232 children. Y Rookies T-Ball: 3 classes:75 registered: max registration is 75 --Start date 3/25/23 Creative Movement (new program): 14 registered: max registration is 40 –Start Date 3/25/23 Flag Football at COD (new program): 159 registered: max registration is 256 --Start date 3/31/23 Spring Break Camp: Week of 4/10/23: 17 registered: max registration of 50 Spring Hockey: 13 registered; max registration 40—Start date 4/17/23 Basketball: Summer Basketball registration: 20 registered: max registration is 144 –Start date 6/26/23 Camp Oakes: June 17-June 24, 2023 – Current registration is 153 enrolled and max enrollment is 180. Registration opened on 2.1.23 Continue recruitment of Junior Camp Counselors through local high schools. Senior Mobility and Parkinson’s Movement class (new program) enrollment increasing and very well received. Parents Night Out (new program): Activities, Crafts, Games, Movies, Pizza February 11, 2023 Ages 5 -13 had 22 children join us. March 25, 2023: Offered at San Pablo YMCA for ages 5-13: 5:00pm-9:00pm Summer Day Camps: Start June 5th and end August 18th, 2023 Registration opened and enrollment occurring. The Family YMCA of the Desert was recently recognized as Rancho Mirage Chamber of Commerce Nonprofit of the Year. A wonderful recognition for our dedicated and mission driven team. Y Team has met with The Shops at Palm Desert staff to plan for upcoming events for the remainder of the year…stay tuned. The Family YMCA of the Desert has program space at The Shops and between February 15 - March 15, 2023 hosted 3 youth birthday parties. Pegasus Therapeutic Riding Nonprofit organization hosted their Annual Riders luncheon on March 5, 2023 at the San Pablo YMCA and a great time was had by all. Item 7A-1 Date: March 27, 2023 To: City of Palm Desert Parks and Recreation Commission From: Brenda Nutcher, Community Services Coordinator Subject:. Numbers reflective February 15 – March 15, 2023 Palm Desert Community Center • 3200 members utilized the gymnasium and fitness center facilities. • 624 additional gym and fitness center users paid the daily walk-in fee. • 683 people registered for classes, camps, and special programs. • 69 additional people paid to participate in classes on a drop-in basis. • 142 Desert Willow Resident Cards issued. • 89 Fitness Center Passes issued. • 7 Community Center room rentals for the month. Palm Desert Parks • 306 park reservations • 1592.75 hours of rental use Palm Desert Skate Park • 21 skate park memberships sold. • 248 skaters used the park. • 138 bikers used the park. Item 7A-2 Palm Desert Community Center . • Sunday Sounds Concert Series with the Palm Desert Library has one more show coming up, April 2, Michael Gagliardi. • Prom Dress giveaway was on March 31, 2023 • We had Movies in the Park at the amphitheater for three Thursdays in March. Next year we will plan these in April so the weather is a bit nicer. o 3/9/2023 7pm Mall Cop o 3/16/2023 7pm DC League of Super Pets o 3/23/2023 7pm The Spy Next Door • We are currently getting ready for Spring Camp. April 10 through the 14th, from 7:30am to 6:00pm. • Brunch with the Bunny will be April 8th from 9am to 11am. • The Eggstravaganza will be held directly after the Brunch in the park. This is a Free event. • We will be offering Dare to Prepare a Teen Driving program on April 15, 2023. This is a free event in partnership with AAA Automobile Club of Southern California. Pre-Covid this program was very popular with over 80 guests attending. • We will be having a Community Adapted Sports Day on April 22, 2023 from 8am to 2pm. . . Item 7A-3 Item 7A-4 February 16th – March 15th 2023 Passes 25 Punch Card: 29 New 34 Renewed Total: 63 3 Month Pass: 12 New 11 Renewed Total: 23 Annual Pass: 2 New 0 Renewed Total: 2 Fitness Pass: 2 New 0 Renewed Total: 2 Water Exercise Punch Card: 2 New 0 Renewed Total: 2 Water Exercise Monthly: 16 New 74 Renewed Total: 90 Admission Lap Swim Non-Resident: 1,050 Resident: 310 Total: 1,360 The facility had to adjust operational hours on 2/13/23, due to Lifeguard staffing. We are temporally unable to be open before 8:00am Monday-Friday. Our temporary hours of operation are 8am-7pm Monday-Friday. Weekends hours remain unaffected. Gate Entries/Water Exercise Attendance Lap Swim entries = 2,017 Water Exercise Class Attendance = 1,223 Total entries: 3,240 Swim Lessons Private Swim Lessons: Non-Resident = 20 Resident = 35 Total: 55 participants Rec. Swim Team: Non-Resident = 7 Resident = 18 Total: 25 participants *Group Swim Lessons: Non-Resident = 20 Resident = 15 Total: 35 participants User Groups Palm Desert Swim Club Scorpions Water Polo Xavier High School Tritons Salton Sea Elite Otters Coachella Aquatics Predictive Fitness Inc. (Triathlon Training) *March Group swim lessons are limited to 4 classes each half hour due to a lack of trained Swim Instructors. The new Swim Instructors will be trained by the end of March. For April we will be able to offer all classes each half hour. Item 7A-5 Programs in the City of Palm Desert (2/15/23 – 3/15/23) Category Event Title Location # of Events Attendance Event Wildflower Festival Civic Center Park 1 4,100 Event Music in the Gardens on El Paseo The Gardens on El Paseo 1 352 Volunteer Training Visitor Center training Santa Rosa and San Jacinto Mountains National Monument Visitor Center 1 7 Guided Hike Birding Walk-About, Desert Willow Desert Willow Golf Park 5 56 Guided Hike Art Smith Trail Interpretative Hike Art Smith Trailhead Parking Lot 2 11 Guided Hike Randall Henderson Interpretative Hike Randall Henderson Trail 3 23 Lectures Building Hwy 42, Plants Can't Move. So What?, Weirdly Wonderful Role of Plants in Ecological Web Santa Rosa and San Jacinto Mountains National Monument Visitor Center 3 38 Guided Hike Wildflower Nature Walks Randall Henderson Trail 5 225 Event Volunteer Appreciation Luncheon Santa Rosa and San Jacinto Mountains National Monument Visitor Center 2 70 Volunteer Training BLM Volunteer only trainings (Agua Caliente) Santa Rosa and San Jacinto Mountains National Monument Visitor Center 1 26 Item 7A-6 Item 7A-7 FREEDOM PARK REPORT March 19th, 2023 at 2:15 p.m. Commissioner comments: • The landscaping looks great and is beautifully thought out. It could win an award! • The green lawns look well maintained including the soccer field and the ball fields. • The volleyball, basketball, and pickleball courts look great. The playgrounds look inviting and clean. • The park was fully in use by dozens of residents at the time. Everyone was having fun. The pavilions had parties going on. • The pickleball courts were fully in use with lots of residents enjoying themselves. Pickleball is very popular. • The men's bathroom looked clean and tidy. There was a touch of graffiti on the bathroom door which can be done away with. The park looks wonderful with plenty of parking. Item 7B-1 Item 7B-2 JOE MANN PARK REPORT COMMISSIONER COMMENTS: Per my follow up, enclosed is my recap of Joe Mann Park: •Visited park on Tuesday, March 28, 2023, at 4:20PM •Nice park very well kept – spoke with some visitors and stated they liked the park because it was quiet and always well maintained •Nice basketball and volleyball courts •BBQ grills that were clean •Grass was well maintained and green •Playground was being used by a couple of kids, no issues with equipment Item 7B-3 Item 7B-4 Item 7B-5 Item 7B-6 Chapter 11.01 GENERAL PROVISIONS 11.01.010 Definitions. For the purpose of this title, the words and phrases set out in this section shall apply: “Alcoholic beverage” means beer, wine, whiskey, bourbon, any distillant of wine or any beverage, brew or distilled liquid containing any portion of alcohol as one of its contents. “Amplified sound” means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers. “Camping” means the pitching of tents, use of sleeping bags, cots, beds or other paraphernalia usually associated with living in the out-of-doors. This includes the use of motor homes, recreation vehicles or camper trailers in parking lots. “Chief of police” is the chief of police of the city. “City” is the city of Palm Desert. “City manager” is the city manager of the city, or designee. “Small Park” means a park that is up to 20 acres in total size. Permits are not issued for Small Parks. Up to 30 people may gather in Small Parks. Group gatherings of 30 people or more are prohibited at Small Parks, and visitors are directed to use Large Parks. “Director” means the director of public works, or any other person authorized by him/her, pursuant to law, to act in his or her stead. “Fire chief” is the chief of the fire department of the city. “Group gathering” means any music festival, art festival, public dance, political rally, organized meetings, with or without speakers or entertainment or food, or similar gatherings at which music, entertainment or speeches are provided for professional or amateurs or by prerecorded or other means, to which members of the public are invited or admitted for a charge or free of charge, or which is attended by thirty fifty or more persons. Parades and outdoor athletic contests which are otherwise permitted or approved by the city council, or the city manager, or director of public works, or chief of police, are not included within this definition. “Overnight sleeping” means sleeping during the hours between sunset and sunrise. “Park” means any park, playground, athletic facilities, recreation area or centers, or any other area or structure maintained and operated by the city itself or in conjunction with any other governmental or private entity. Formatted: Highlight Item 7D-1 “Permit” or “reservation” means written authorization for exclusive, or semi-exclusive use of parks or buildings or portions thereof, as provided for and defined in this chapter. “Person” is any person, firm, partnership, association, group, corporation, company or organization of any kind. “Large Park” means a park that is 20 acres or larger in size. Up to 50 people may gather in Large Parks without obtaining a permit. Group gatherings of 50 people or more are required to obtain a permit. “Special event” means any group gathering as defined in this section desiring to reserve more than one park amenity or charging for admission or publicly advertised or having more than one hundred fifty participants. “Under immediate voice control” means the dog or dogs is within fifty feet of the owner and the dog or dogs immediately obeys voice commands or signals. “Vehicle” means any device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power. (Ord. 1355 § 10, 2020; Ord. 1064 § 1, 2004; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.020 Hours of use. There shall be a park curfew from eleven p.m. to dawn on the use of a public park except as provided in other sections of this chapter. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.030 Authority to close park. A. In an emergency or when the city manager, chief of police or the director of public works, emergency services manager (or an appropriately designated representative of any such official) shall determine that the public, safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreation center or any park or portion thereof, may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which determination of the city manager, chief of police or the director of public works is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by order of proper authority. B. No person having knowledge of or having been advised of any closure order issued pursuant to subsection A of this section, shall refuse or fail immediately to remove him or herself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him or her to be so closed, until such area or place has been reopened to the public by order of the proper authority. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.040 Application of chapter. A. The provisions of this chapter shall apply to and be in full force and effect at all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of Item 7D-2 the city, including all grounds, roadways, avenues, parks, buildings, when they are in use as recreational facilities, and areas, under the control, management or direction of the director of public works of the city. The provisions of this chapter shall govern the use of all such parks and recreation areas and the observance of such provisions shall be a condition under which the public may use such parks and further be applicable outside such parks and recreation areas where the context indicates an intention that they so applied. B. The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.050 Enforcement powers of peace officers and city personnel. A. Power and authority is given to the city manager, the director of public works, or designees, and to any of the department of public works attendants employed in such parks or recreation areas, in their discretion, to eject and expel from such parks or recreation areas or building thereon, any person who shall violate any of the provisions of this chapter or any other law, or ordinance adopted for the regulation and government of such parks or recreation areas, or of public places in general. In addition to his or her ordinary powers of arrest or citation, any peace officer enforcing any such law or regulation shall be authorized, in lieu of arresting or citing any violator, in his or her discretion to so eject and expel such violator. B. No person being ejected or expelled pursuant to the authority of subsection A of this section shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, return, during the calendar day in which he or she was ejected, to the same park, recreation area or building, unless specifically permitted to do so by the person who ejected him, her or by the city manager or the director of public works. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.060 Permits for group gatherings. No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic celebration, parade, service or exercise, of thirty or more persons, in any Small parkPark. The above listed activities may be conducted in Large Parks, however group gatherings of fifty people or more shall be required to obtain or recreation area without a written permit granted by the director as provided herein. Competitive recreation events on or off trails in the Santa Rosa Mountains, including the use of developed trailheads in association with a competitive event, are prohibited. The application process for a park use permit for group gatherings is described in detail in Section 11.04.030. (Ord. 1214 § 1, 2010; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.070 Rules and regulations; promulgation by city manager. A. The city manager shall have power and authority to promulgate rules and regulations governing the use and enjoyment by the public and by individual members of the public, or any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or governing any portion of the foregoing. A copy of such rules and regulations or a synopsis Item 7D-3 thereof shall be posted in some conspicuous place at or near the premises where such rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near said premises in order to give public notice of said rules and regulations. B. No person having knowledge of or having been advised of any such rule or regulation promulgated pursuant to subsection A of this section shall disobey, violate or fail to comply with any such rule or regulation. C. No person shall disobey, violate or fail to comply with any instruction, sign or notice posted in any park recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of such premises, when said instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to subsection A of this section. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.080 Prohibited conduct generally. Within the limits of any public park or recreation area of the city, no person shall: A. Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and provided for such purpose. Bicycles are prohibited year-round from traveling cross-country in the Santa Rosa Mountains; travel by such conveyance is restricted to authorized trails; B. Carry or discharge any firearm, air gun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile, provided that this subsection shall not apply to any peace officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e.g., private patrol services and bodyguards); C. Carry or discharge any firecracker, rocket, torpedo or any other fireworks, provided that this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks not otherwise prohibited by law, at places designated or provided for such purpose; D. Cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; E. Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer; F. Swim, bathe, wade in or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose; G. Make or kindle a fire except in an appropriate device provided or approved for that purpose by the public authorities; H. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police); I. Wash dishes or empty salt water or other waste liquids elsewhere than in facilities provided for such purpose; J. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor; Item 7D-4 K. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming; L. Indulge in riotous, offensive, threatening or indecent conduct, or abusive, threatening, profane or indecent language; M. Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise or exhibition; N. Distribute any commercial handbill without a prior permit to do so from the department of code enforcement or city manager, which permit shall be issued only after due processing of an application and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved; O. Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure, pole, wire or other architectural or natural feature of whatever character, except upon a bulletin board or such place especially designated and provided for such purposes, unless prior approval to do so has been obtained from the city manager, which approval shall be given only if the city manager determines that it would be affirmatively in the public interest to allow the use of public property for such purposes, or that constitutional principles require that the same be allowed; P. Place barricades, ropes, tape or other restricting device for the purpose of limiting the use of any park amenity from persons or groups unless prior approval to do has been obtained from the director or city manager. Which approval shall be given only to city personnel or city designee to install or inspect installation; Q. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct or solicit for, any trade, occupation, business or profession, unless such activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a concession agreement or franchise or the like duly entered into or granted by the city council; R. Remain, stay or loiter therein between the hours of eleven p.m. and dawn of the following day, except while attending a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city department of community services. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police); S. Use any restroom, washroom or dressing facility designated for the opposite sex, except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person; T. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft or device; U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of same, or injure or maltreat any domestic or other animal; Item 7D-5 V. Fish with hook and line, seine, trap, spear or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose; W. No person shall bring into, consume or have in their possession in any park an alcoholic beverage as defined in Section 11.01.010, except as provided by Section 9.58.040 of this code; X. No person shall urinate or evacuate their bowels within any public area except in a public restroom; Y. Cross-country travel is prohibited in the Santa Rosa Mountains from January 1st through September 30th, and allowed from October 1st through December 31st. Cross-country travel is defined as travel off authorized trails. During the period when cross-country travel is prohibited, individuals may venture no more than fifty feet from centerline of trails on either side for purposes of resting, nature study, or other similar activities; this use does not constitute cross-country travel. Holders of permits issued for research and extended study are exempt from the cross-country prohibition; Z. No person shall feed or cause to be fed or leave food for consumption by any wild or domestic birds and/or fowl. (Ord. 1379 §§ 3, 4, 2022; Ord. 1317 § 14, 2017; Ord. 1254 § 1, 2013; Ord. 1214 § 1, 2010; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.090 Use of pedestrian and bicycle or golf cart ways. A. No person shall drive or operate any motorized vehicle, motorcycle, motor driven cycle on any area which has been designated, set aside or is used, as a pedestrian walkway, trail, path, lane or way, or as a bicycle or golf cart trail, path, lane or way without written approval of the city manager, director of public works or maintenance supervisor. This subsection does not apply to electric golf carts unless otherwise posted. B. The public entity having ownership or control over any such trail, path, lane, way or walkway may cause the same to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection A of this section shall be inapplicable. C. The provisions of subsection A of this section shall not apply to any electrically-driven wheelchair, carrying a physically limited or otherwise physically incapacitated person. D. The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection A of this section, may, by the posting of any appropriate sign or signs, further restrict the use of such trail, path, lane, way or walkway by persons riding bicycles or other nonmotorized vehicles or devices, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regulation expressed thereon. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.100 Obstructing pathways. No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the same so that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed in any unreasonable manner. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.110 Children visiting parks with lakes. Item 7D-6 No parent, guardian, or any person having the custody of any child under the age of eight years, shall cause, permit or allow such child to enter or visit any public park or recreation area having a lake within the boundaries of such park or recreation area unless such child is accompanied by a person of not less than sixteen years of age. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.120 Duty to care for animals. A. Dogs or cats must be led by a cord or chain not more than six feet long or properly confined within the interior of a vehicle, except: 1. When dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements; 2. When dogs are within the boundaries of any city dog park and not posing a threat to other animals, persons or property; 3. In connection with activities authorized in writing by the director, including fowl or other animals turned loose at the direction of the director; 4. Homme-Adams Park is designated as an “under immediate voice control” facility. Leashes are required on the Homestead Trail and Gabby Hayes Trail which emanate from Homme-Adams Park and Cahuilla Hills Park, respectively; 5. Dogs are prohibited on all trails and areas in the Santa Rosa Mountains except the Homestead Trail, Gabby Hayes Trail, and segment of the Hopalong Cassidy Trail connecting these two trails. This prohibition does not apply to service animals accompanying persons with a disability. B. It is the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat or an equine animal in a city park or other recreation area of the city to promptly collect, pick up and remove all fecal matter left behind by said animal in or upon the park or other recreation area of the city; but this section shall not apply to guide dogs for blind or disabled persons. C. While dogs are within the boundaries of city dog parks: 1. Dogs must never be left unattended. 2. Unruly dogs are not allowed and are subject to ejection per Section 11.01.050(A) of Palm Desert Municipal Code. 3. Owners must stop their dogs from digging. Any holes created must be filled by the owners. 4. All dogs must have current vaccinations and current dog license. (Ord. 1230 § 1, 2012; Ord. 1214 § 1, 2010; Ord. 1064 § 1, 2004; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.130 Amplified sound—Purpose of regulations. The city has enacted those sections of this chapter regulating amplified sound for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. The use of electrical equipment of any kind in a city park poses physical risks of harm for which the city may have liability unless such use is reasonably regulated. Additionally, the right of persons to speak is properly limited with regard to time, place and manner by balancing the correlative constitutional rights of the citizens of this community to privacy and freedom from the Item 7D-7 public nuisance of excessively loud and unnecessary sound. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.140 Amplified sound—Permit required. It is unlawful for any person to install, use and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses or lectures, or of transmitting music to any persons or assemblages of persons in a park or in the vicinity thereof, except when installed, used or operated in compliance with one of the following provisions: A. By authorized city personnel or a contractor of the city retained for this purpose; or B. Under a reservation or park use permit issued by the director, and when operated in accordance with terms of that reservation or permit. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.150 Amplified sound—Grant or denial of park use permit. A. In determining whether to grant or deny a park use permit pursuant to Chapter 11.04, the director shall be guided by the following considerations: 1. The extent to which sound may carry into private or residential areas of the city; 2. Any actual conflict with other scheduled park uses or events; 3. The necessity for careful and safe provision of electricity and the safety of individuals near such electrical sources. B. If the director denies the park use permit based on applicant’s desire to have amplified sound, the applicant may appeal the director’s decision to the city council as described in Chapter 11.04 of this code. C. The director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures or musical presentations. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.160 Amplified sound—Power source designated. Amplifiers permitted in parks shall be operated only through a power source provided by the city. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.170 Amplified sound—Regulation of volume. A. If, at any time, the director, chief of police or director of code compliance determines that the sound produced by an amplified sound system in a park is in violation of acceptable noise levels, a city employee or officer shall request the person in charge of the assembly, or any other person appearing to be involved in the production of the sound, to immediately reduce the level thereof. If the sound is not reduced within five minutes from the first notice to the acceptable level as determined by the authorized representative, the employee or officer shall immediately cause the city power source to be terminated. B. The maximum sound level in the park shall be set at a seventy decibel average for any fifteen minute period. Sound levels shall be measured at specified points as determined by the city engineer to protect the health, safety and welfare of park users and adjacent residents. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) Item 7D-8 11.01.180 Additional alternate power sources—Approval, inspection and fees. Any additional or alternate power source for lighting or other purposes which may be required must be approved for such use by the department of public works or by the city building and safety director. The building and safety department, or their designee, must inspect all connections, wiring and components of sound, lighting and/or wiring systems prior to rehearsal and/or performance, and each may impose a fee for such inspections. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.190 Amphitheater—General. A. The reservation, use and operation of the city amphitheater shall be the responsibility of the director. A description of the facility may be obtained from the director. B. Persons or groups using the facility must provide all audio and lighting equipment, patch and electrical cords and personnel required for set up/tear down, clean-up, event management, security, dressing facilities, backdrops and props. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.200 Amphitheater—Reservation. A. Amphitheater hours are Monday through Sunday between nine a.m. to ten-thirty p.m. exclusive of setup or sound checks, tear down and warm up time. B. The facility is designed as public area and does not lend itself to restricted access events. A specific plan must be developed identifying separated areas and type of admission or donation collection. C. The city shall not be held liable or responsible if the facilities are deemed unusable for a scheduled event for any reason. (Ord. 987 § 1, 2001; Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.210 Amphitheater—Reservation, permit application A. An application form to reserve the amphitheater may be obtained from the director. The procedure to reserve the amphitheater is set by Section 11.04.030, except the following information shall be provided on the amphitheater permit: 1. Any admission or donation collection and use of funds; 2. Age group performance is directed to; 3. Anticipated size of audience; 4. Proposed sound and lighting equipment; 5. Proposed event management; 6. Time schedule for set-up, sound checks, performance and tear-down; 7. Proposed crowd control and security measures; 8. Parking requirements. B. The applicant is solely responsible for consequences resulting from promotion, advertising, ticket sales, and other costs and responsibilities associated with the holding of the event. C. The city manager shall be responsible for final approval of all applications. 1. No application for the use of the amphitheater shall be transferable without the written consent of the city manager. Item 7D-9 D. The application may be approved, rejected or approved with conditions. Should the application be rejected, applicant shall be notified by letter. The letter will state why the application is being denied. E. The applicant may appeal the decision pursuant to Section 11.04.080 of this code. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.220 Amphitheater—Permit fee and insurance. A. The director shall keep a list of current fees and charges associated with the reservation of the amphitheater for dissemination to the public. In addition to the permit fee, the user shall agree to: 1. Bear the cost of all police and security; 2. Make a security deposit to cover costs to oversee the event, city staff time and facility preparation; 3. Reimburse the city for any additional costs incurred for unusual clean-up, facility repair and additional services. B. 1. Any person or group holding an event at the amphitheater shall provide evidence of current insurance, with the city named as an additional insured, insuring the city from any and all liability for injury to persons or property resulting from the activity; or 2. Obtain insurance through the city, based on city insurance schedule and rates at user’s cost. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.01.230 Violation—Penalty. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) Chapter 11.04 PARK RESERVATIONS AND PARK USE PERMIT 11.04.010 Reservation—Responsibility. The director or his designee shall be responsible for scheduling and controlling the use of parks, or portions thereof, for the maximum benefit and participation by interested persons or groups, both public and private. All reservable areas in the city parks shall be subject to reservation according to the rules and regulations of the city or the city’s recreation provider. Activities sponsored by the city or its recreation provider shall be given preference in the use of city parks. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.020 Park use without formal park use permit. A. General Park Use. Use of the park amenities, including athletic courts and fields, picnic areas and tables, playgrounds, sitting areas, pathways and other recreation and open space areas are on a first-come, first-served basis unless otherwise specified by the city. Some park areas are for general public use and are not reservable. B. Groups of less than thirty fifty persons desiring the use of Large park Park areas or structures, deemed by the director as reservable, may request the director to reserve Item 7D-10 designated Large park Park areas for such use. If the group of less than thirty fifty desires to reserve a specific Large Park park area, the group must make application for a formal park use permit. If the group of less than thirty fifty desires to have an activity in the park, the group may utilize the park areas on a first-come, first-served basis as long as the park area is not reserved and the proposed activity meets all other city requirements for park use and the use is reasonable in relation to the use of the park by other persons or as to the effect of such use upon the peace of the neighborhood. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.030 Reservation—Formal park use permit. Any person desiring to hold, conduct or manage a group gathering as defined in Section 11.01.010 shall, not less than thirty nor more than one hundred twenty days before the date on which it is proposed to conduct or hold such group gathering, file with the director, or their designee, a verified application on a form furnished by the city, setting forth the following information: A. The name of the person or organization wishing to conduct or hold such group gathering; B. If the outdoor gathering is proposed to be conducted or held for, or on behalf of, or by any organization, the name, address and telephone number of the headquarters of organization and the authorized responsible head of such organization; C. The name, address and telephone number of the person who will be the chairman or who will be responsible for conducting or holding of the group gathering; D. The name, address and telephone number of the person or organization to whom the permit is desired to be issued; E. The date when such group gathering is to be conducted or held; F. The place at which the group gathering is desired to be held; G. The approximate number of persons who will attend such group gatherings; H. The time the group gathering is to commence and the time it will terminate; I. All of the specific park areas or amenities or portions of a given public park area such group gathering will occupy, use or reserve; J. Any specific needs or amenities such as water, electricity or any other service; K. Whether the group will apply for the use of amplified sound. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.040 Reservation fee and cleaning deposit. A. The applicant shall submit a refundable cleaning deposit. The amount of the deposit shall be determined by the director, based upon the number of persons expected to attend the group gathering. The deposit shall be used exclusively for cleaning of the facility after the conclusion of the group gathering. Any portion of the deposit not used for such cleaning shall be automatically refunded within fifteen days after the event. B. The applicant shall submit a nonrefundable administration fee at the time of park use permit application submittal. The amount of the fee shall be determined by the director, based on the cost of administrating the reservation,, processing the application, and guaranteeing the availability of the facility. Item 7D-11 C. The applicant shall submit a reservation fee at the time of the park use application submittal. The amount of reservation fee shall be determined by the director, based on the actual cost of posting the permit, supervising the group gathering and inspecting the recreation area after the conclusion of the group gathering. The director may establish a fee schedule discounting the reservation fee for applicants residing within Palm Desert. The reservation fee shall be refundable only when: 1. The director receives a written notice from the responsible person or chairman of the group canceling the permit; and 2. The notice canceling the permit is received a minimum of one day (twenty-four hours) prior to the permitted event; and 3. No city or public entity funds were expended for recreation improvements prior to the written cancellation. If funds were expended by the permitted organization or group, the group is entitled to the difference between the fee and the expenditures, if any. D. The applicant shall submit to the director any and all special fees as described in this code including but not limited to Section 11.01.180, additional alternate power sources — Approval, inspection and fees. These fees shall be imposed by the director and are not refundable. E. The director shall keep a list of current park use fees and charges associated with the reservation of the recreation and park amenities for dissemination to the public. The director shall also keep a current procedure for payment of said fees along with the rules and regulations of all park use. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.050 Issuance of permit for park use. The director shall issue a permit as provided for by this chapter when, after investigation and consideration of information contained in the application, or information from any other source, he finds that: A. The holding or conducting of such outdoor gathering will not substantially interrupt or prevent the safe and orderly use of the public park by persons other than those attending the group gathering; B. The concentration of and conduct of persons attending such group gathering will not unduly interfere with the proper police and fire protection of, or ambulance service to, the public park or areas contiguous to the public park; C. The holding or conducting of such group gathering not reasonably likely to cause injury to person or property or to provoke disorderly conduct or create a disturbance; D. The holding or conducting of such group gathering will not require the diversion of so great a number of police officers to maintain proper order, so as to prevent normal police protection to the city; E. Such group gathering is not to be held for the sole purpose of advertising the goods, wares, services or merchandise of an individual or specific groups of business establishments or wholesale or retail vendors. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.060 Notice of rejection. The director shall act upon the application for a group gathering permit within ten days after the filing thereof. If the director disapproves the application, he shall mail to the applicant within Item 7D-12 fifteen days after the date upon which the application has been filed a notice of his action, stating the reasons for his denial of the permit. Such notice shall be in writing and mailed to the address by the applicant on the application for permit. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.070 Late application. The director shall have discretionary authority to consider any application for a permit for a group gathering which is filed less than thirty days before the date such group gathering is proposed to be held. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.080 Appeal. Any person who has been denied a permit required by this chapter may appeal to the city council by filing a written notice of the appeal within five days after the mailing by the director of the notice of rejection or denial. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.090 Persons to be notified. Immediately upon the granting of a permit for a group gatheringspecial event, the director shall send a copy of the approved permit to the following: A. City manager; B. Coachella Valley recreation and park districtDesert Recreation District; C. Fire chief; D. Riverside County sheriff’s department D. YMCA; E. Planning Development Services director; F. Economic Development director;Riverside County sheriff’s department; G. City Risk Manager H. Any public official whose authority or functions may be affected by the holding of a group gathering or problems which may arise as a result of the group gathering. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) 11.04.100 Violation—Penalty. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994) Formatted: Indent: Left: 0.19" Item 7D-13 RESOLUTION NO. 2023-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN ADMINISTRATIVE POLICY FOR USE OF CITY OWNED FACILITIES WHEREAS, the City of Palm Desert owns, operates, manages, and leases a variety of indoor and outdoor spaces; and WHEREAS, the City makes many of these spaces available for public use for a variety of purposes such as youth sports leagues, birthday parties, and large community events; and WHEREAS, the City may contract with private organizations such as Desert Recreation District and YMCA to manage and operate these spaces, including taking reservations and collecting fees; and WHEREAS, the uses of these spaces and the fees administered for their use are guided by the Palm Desert Municipal Code, Policies & Procedures, and those policies and fees of contracted private organizations; and WHEREAS, the City finds a need to provide clarity on this matter by consolidating provisions and guidance related to the use of City owned facilities through the development and implementation of an administrative policy; and WHEREAS, the City Council directed staff to develop such policy, including a fee schedule and process for consideration of fee waivers, during a duly held City Council meeting on May 12, 2022. NOW THEREFORE, the City of Palm Desert, State of California, hereby finds and resolves that it approves and adopts the Administrative Policy for use of City Owned Facilities, as attached hereto as Exhibit “A”. Item 7D-14 Resolution No. 2023-_______ PASSED, APPROVED, AND ADOPTED on this 14th day of July, 2022 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY, MAYOR ATTEST: ANTHONY J. MEJIA, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Item 7D-15 Resolution No. 2023-_______ Page 1 of 15 Exhibit A CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject ADMINISTRATIVE POLICY FOR USE OF CITY OWNED FACILITIES Policy No. [Assign] Date Issued: July 14, 2022 Approved by Resolution No. 2023- Authored by Public Works Department I. PURPOSE The City of Palm Desert owns, operates, manages, and leases a variety of indoor and outdoor space. The intended purpose of those spaces ranges from indoor spaces that are dedicated solely for the conduct of City business to outdoor spaces that promote a diversity of uses. Such spaces include the pavilions and playing fields that can be reserved in advance at the Palm Desert Civic Center Park, Hovley Soccer Park, and Freedom Park together with the Palm Desert Civic Center Park amphitheater that can be rented for larger events. The Palm Desert Community Center and Portola Community Center, both operated by the Desert Recreation District, are additional facilities that can be rented, along with the Palm Desert Aquatic Center, operated by the Family YMCA of the Desert. The purpose of this policy is to support the: • City regulations adopted as Chapter 11.04, Park Reservations and Park Use Permit, as part of the Palm Desert Municipal Code; • Existing agreements with the Desert Recreation District for annual park services and the lease of the Palm Desert Community Center (Contract No. C32410, as amended, and Contract No. C39690); • Existing Facility Use Agreement for lease of space within the Portola Community Center; • Existing agreement with the Family YMCA of the Desert for the management and staffing of the Palm Desert Aquatic Center (Contract No. C36620, as amended); • Existing City Resolutions 2015-34 and 2015-96, establishing a sports facilities use policy and authorizing modifications to the Facility Use Agreement for Youth Sports Organizations, respectively; and • Rules, regulations, and policies of the Desert Recreation District and the Family YMCA of the Desert. Item 7D-16 Resolution No. 2023-_______ Page 2 of 15 It also serves to create a consistent and uniform City policy directed to the prioritization of uses within certain spaces, including the restriction of some uses that would either interfere with the operation of the Palm Desert Civic Center or the simultaneous use and enjoyment of other outdoor spaces within the City’s parks. This policy clarifies those fees and charges that are due to reserve and use a space by each agency, as may be applicable, and establishes a procedure by which fee waivers may be requested for the waiver of City fees. This policy is intended to complement the existing policies adopted by the Desert Recreation District and the Family YMCA of the Desert and has been carefully reviewed to avoid any intentional conflict. Should conflict be identified in the future, the City reserves its ability to interpret this policy or to make amendments to it at a later date under the authority granted to the City Manager under the Palm Desert Municipal Code. II. SCOPE This policy and procedure addresses all indoor and outdoor spaces owned, operated, managed, and leased by the City of Palm Desert. III. DEFINITIONS A. “Amusement Activities” means rock walls, rollercoasters, funhouses, gaming trucks, laser tag, ice skating, or other rides or amenities. B. “City” means the City of Palm Desert, California. C. “Commercial Use” means any event organized and conducted by a person, organization or company that does not qualify as a tax-exempt, non-profit organization or governmental agency, and is not a youth recreation/sports league (Class IV). D. “Commercial Recreation League” means a recreation/sports league that does not qualify as a tax-exempt, non-profit organization or governmental agency, including organized adult leagues (Class III). E. “Community Use” means any event organized and conducted by a person, organization or company that qualifies as a tax-exempt, non-profit organization or governmental agency, and that is open to the public (Class II). F. “Community Recreation League” means a recreation/sports league that qualifies as a tax-exempt, non-profit organization or governmental agency (Class I). G. “Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity. Item 7D-17 Resolution No. 2023-_______ Page 3 of 15 H. Inflatables” means temporary air-filled play structures commonly known as bounce houses, jumpers, blow-up slides, etc., with or without water features. I. “Large Park” means a park that is 20 acres or larger in size. Up to 50 people may gather in Large Parks without obtaining a permit. Group gatherings of 50 people or more are required to obtain a permit. J. “League” means a group of sports teams or individual athletes that compete against each other in officiated games in a specific sport. K. “Open to the public” means any area on City property where the public is allowed to be present and may move unfettered. Areas that are open to the public include, but are not limited to, City parks, City parking lots, and any areas of City facilities that provide direct services to the public. L. “Private Use” means an event that is not open to the public. Private Use events include those organized by both residents and non-residents of Palm Desert. M. “Small Park” means a park that is up to 20 acres in total size. Permits are not issued for Small Parks. Up to 30 people may gather in Small Parks. Group gatherings of 30 people or more are prohibited at Small Parks, and visitors are directed to use Large Parks. IV. RESERVABLE AND OPEN USE SPACES AND FACILITIES Reservable spaces within the City are limited. Due to this limitation, there is a potential that not all requests for reservation will be granted. In the event that the City receives multiple applications for the use of the same facility on the same date, the application that was filed first shall receive priority. In addition, should an organization successfully make a reservation, this does not guarantee availability for future use. Special event requests that also encompass areas outside of the City parks or facilities are subject to approval of a separate Special Events Application. The following spaces are available for reservation and use within the City: A. Palm Desert Civic Center a. Civic Center Park Pavilions (5 pavilions) b. Ball fields and courts (4 baseball fields*, 6 tennis courts, 4 beach volleyball courts, 3 basketball courts) c. Civic Center Park Amphitheater d. Palm Desert Aquatic Center B. Palm Desert Community Center & Gymnasium (Gymnasium (basketball/volleyball/pickleball), 2 multipurpose rooms) C. Portola Community Center (2 Multipurpose rooms) – only Class I or Class II non-profit community groups based in the City of Palm Desert D. Freedom Park Baseball Fields* (3 baseball fields, 1 football field, 1 soccer field) E. Hovley Soccer Park Fields* (5 soccer fields) F. Palm Desert City Council Chambers – only Class II governmental organizations G. Other Parks & Open Spaces not listed above Item 7D-18 Resolution No. 2023-_______ Page 4 of 15 * Use of these spaces by Class I (Community Recreation Leagues) also may permit the use of the corresponding snack bar. The use of the snack bars is subject to approval by the Director of Public Works and contingent upon the user organization providing adequate maintenance and care of City property per the Facility Use Agreement. V. RESERVATION PROCESS A. Application and Fees Facility rentals for activities or events are required for groups gathering in a Large Park (20+ acres) with an anticipated attendance of 50 people or more. Gatherings of over 30 people are not permitted in Small Parks (<20 acres). Applications must be completed and submitted to the organization contracted by the City for management of the facility. Additional fees apply for groups of over 100 people. Organizations requesting use of both City parks and areas within the public right-of-way are required to complete a Special Event Application. City facilities must be used for the purpose stated in the application, or the event/use is subject to cancellation without refund. Applications, including any insurance requirements, site maps, schedules, and any other supporting documentation requested by the City or the authorized facility management contractor must be completed at least 30 days in advance for all reservations. For amphitheater rental, applications may be submitted up to 180 days in advance. For all sports fields and courts, applications may be submitted 120 days in advance for the season or year. Other facility rentals may also be submitted up to 120 days in advance of the event or use. The City reserves the right to refuse the use of any facility if the applicant fails to comply with the terms of this Policy, any applicable laws, rules, and regulations, or if the planned event is not an appropriate usage of the requested facility. Any infraction of the terms of this Policy, any applicable laws, rules, and regulations shall be cause for refusal of any further use of City facilities for a period of 3 years. B. Fees will be assessed based on the City of Palm Desert Master Fee Schedule (Attachment A). Fees are calculated based on the following Class system: • Class I: Community Recreation League • Class II: Community Use • Class III: Commercial Recreation League • Class IV: Commercial Use • Class V: Private Use Item 7D-19 Resolution No. 2023-_______ Page 5 of 15 Fees for the use of City facilities are set in Attachment A and Attachment B. Changes to the fee schedule for the use of reservable open spaces and City facilities may be initiated by the Public Works Director in coordination with the authorized facility management contractor. Fee changes shall be reviewed and ratified by the Parks and Recreation Committee prior to going into effect. In the event that the Parks and Recreation Committee objects to a fee change, the change shall be presented to the City Council for ratification. To the maximum extent possible, amendments to the fee schedule shall be timed with the City’s annual budgeting process. C. Insurance The City requires a minimum of $1M liability insurance policy with the City named as additional insured for certain uses. Based on the event type, this amount may be increased and/or the City may require additional insurance policies. Insurance is required for the following use types: • All Commercial events and uses (Class III and Class IV) • Events anticipating attendance of 50 people or more • All amphitheater rentals If inflatables or amusement activities are planned for any type of use, the inflatable company must provide a $1M liability policy with the City named as additional insured. Coordination with the City on inflatable vendor selection is highly recommended to reduce the possibility of damage to park infrastructure and loss of deposit. D. Alcoholic Beverages a. Section 11.01.080 of the City of Palm Desert Municipal Code prohibits bringing into, consuming or having in their possession in any park an alcoholic beverage as defined in Section 11.01.010, unless waived as provided by Section 9.58.040 of the Municipal Code. b. Section 9.58.040 allows the City Manager, or designee, or City Council to waive this provision in certain circumstances. The City Council may approve such a waiver if the facility use is associated with a community event that is open to the public and is receiving City funding. Examples of these include, but are not limited to, Concerts in the Park, the Wildflower Festival, and the Palm Desert Half Marathon. The City Manager may approve such a waiver if the facility use is associated with a community event that is open to the public but is not receiving City funding and no other waivers of the Municipal Code are needed. Requests for waiver must be received at least 30 days prior to the event. Item 7D-20 Resolution No. 2023-_______ Page 6 of 15 c. Waiver of this provision must ensure that all State and County guidelines and permits are obtained, and any conditions imposed on the applicant must be followed. d. A copy of all permits must be provided to the City prior to the facility use. E. Requests for Fee Waiver a. Waiver of fees administered by the City may be requested in writing to the Parks and Recreation division by emailing parks@cityofpalmdesert.org. b. Fee waivers must be requested at least 30 days prior to the event and will be considered and approved or denied by the City Manager. F. Requests for Park Use Waivers a. Section 11.04.050 of the City of Palm Desert Municipal Code restricts the issuance of permits for park use for certain situations. Waiver of any of these provisions may be requested in writing to the Parks and Recreation division by emailing parks@cityofpalmdesert.org. b. Park use waivers must be requested at least 30 days prior to the event and will be considered and approved or denied by the City Manager. G. Appeals a. In the event a Request for Fee Waiver or a Request for a Park Use Waiver is denied, an appeal may be requested to a Request for Fee Waiver or Request for Park Use Waiver decision by emailing parks@cityofpalmdesert.org. b. Appeals will be added to the next available City Council meeting agenda for consideration. Item 7D-21 Resolution No. 2023-_______ Attachment A – MASTER FEE SCHEDULE City of Palm Desert District Master Fee Schedule $20 administrative fee for all rentals Fee Description Class I Class II Class III Class IV Class V Cleaning Deposit 1 Pavilions* (50-100 people) N/A $115 $230 $230 $80 $100 * Residents of the City of Palm Desert are assessed an $80 fee for pavilion rental. Pavilions** (100 people or more) N/A $230 $460 $460 $160 $200 ** Residents of the City of Palm Desert are assessed an $160 fee for pavilion rental. 2 Amphitheater (50-100 people) N/A $230 $230 $230 $230 $2,500 Amphitheater (100 people or more) N/A $460 $460 $460 $460 $5,000 Cleaning deposit may be reduced based on event details. 3 Fields & Courts Baseball N/A $30/hour $20/hour $250 Soccer Basketball Tennis Pickleball (2 courts) Football Item 7D-22 Resolution No. 2023-_______ Other (i.e. volleyball, horseshoes, petanque, etc.) Full 8-hour day use N/A $150/day $150/day for field $75/day for courts 4 Lights N/A $30/hour $30/hour $30/hour $10/hour Full 8 hour day use N/A $150/day $150/day $150/day $150/day for field $75/day for courts 5 Palm Desert Community Center Monday through Thursday Gymnasium $70/hour $70/hour $140/hour $140/hour $70/hour $1,000 Multipurpose Room $45/hour $45/hour $90/hour $90/hour $45/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 Friday through Sunday Gymnasium $130/hour $130/hour $260/hour $260/hour $130/hour $1,000 Multipurpose Room $75/hour $75/hour $150/hour $150/hour $75/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 6 Portola Community Center Multipurpose Room N/A N/A N/A N/A N/A $275 (non profit/ community groups only) Item 7D-23 Resolution No. 2023-_______ City of Palm Desert Non-District Master Fee Schedule $20 administrative fee for all rentals Fee Description Class I Class II Class III Class IV Class V Cleaning Deposit 1 Pavilions (50-100 people) N/A $115 $230 $230 $130 $100 Pavilions (100 people or more) N/A $230 $460 $460 $260 $200 2 Amphitheater (50-100 people) N/A $230 $230 $230 $230 $2,500 Amphitheater (100 people or more) N/A $460 $460 $460 $460 $5,000 Cleaning deposit may be reduced based on event details. 3 Fields & Courts N/A Baseball N/A $30/hour $25/hour $250 Soccer Basketball Tennis Pickleball (2 courts) Football Item 7D-24 Resolution No. 2023-_______ Other (i.e. volleyball, horseshoes, petanque, etc.) Full 8-hour day use N/A $150/day $170/day for field $85/day for courts 4 Lights N/A $30/hour $30/hour $30/hour $20/hour Full 8 hour day use N/A $170/day $170/day $170/day $170/day for field $85/day for courts 5 Palm Desert Community Center Monday through Thursday Gymnasium $70/hour $70/hour $140/hour $140/hour $80/hour $1,000 Multipurpose Room $45/hour $45/hour $90/hour $90/hour $55/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 Friday through Sunday Gymnasium $130/hour $130/hour $260/hour $260/hour $150/hour $1,000 Multipurpose Room $75/hour $75/hour $150/hour $150/hour $85/hour $275 Multipurpose Room & Kitchen $15/hour $15/hour $15/hour $15/hour $15/hour $275 6 Portola Community Center Multipurpose Room N/A N/A N/A N/A N/A $275 Item 7D-25 Resolution No. 2023-_______ (non profit/ community groups only) Item 7D-26 Resolution No. 2023-_______ Attachment B – PALM DESERT AQUATIC CENTER FEE SCHEDULE City of Palm Desert Palm Desert Aquatic Center Fee Schedule Fee Description Resident Non-Resident 1 Admissions Adult (13-59) $4 $6 Youth/Senior (6-12 & 60+) $3 $4.50 Adult Punch Card 25 $94 $142 Youth/Senior Punch Card 25 $65 $98 Adult 3-Month Pass $150 $225 Youth/Senior 3-Month Pass $110 $165 Adult Annual Pass $550 $825 Youth/Senior Annual Pass $420 $630 2 Water Exercise One Class $6 $8 10 Punch Pass $60 $80 Monthly Pass $65 $85 3 Swim Lessons Group Lessons $63 $84 Recreational Swim Team $87 $116 Private/Semi-Private 30 min. $36 $48 Private/Semi-Private 1 hour $54 $72 Private/Semi-Private 30 min. 10 pack $324 $432 Private/Semi-Private 1 hour 10 pack $486 $648 4 Specialty Rates Full Facility Rental (2-hour minimum) $650/hour $800/hour Item 7D-27 Resolution No. 2023-_______ Add’l lifeguards (as required by PDAC) $20/hour Multi-Use Room Rental $75/hour $150 security deposit Organization (Summer Camps) $3 per person School Field Trip $5 per child Item 7D-28 Palm Desert Parks Ordinance Update Gathering Limits and Reservable Recreational Amenities Current Park Category Parks Acres Permit Criteria (per Municipal Code) Pavilions / Picnic Areas Tennis Courts Pickelball Courts Volleyball Courts Basketball Courts Soccer/ Multipurpose Fields Baseball Fields Dog Park Playground Skate Park Trails Joe Mann Park 2.5 2 1 1 1 1 Palma Village 2 2 1 1 1 University Park East 2.5 2 1 1 1 University Dog Park 2.4 1 Washington Charter School Park 2.5 Ironwood Park (excluding trails)3 4 1 Yes Magnesia Falls City Park 6 1 1 1 Cahuilla Hills Park 27.5 1 2 Yes Cap Homme / Ralph Adams Park 27 2 Yes Freedom Park 26 6 8 2 3 2 3 1 1 Hovley Soccer Park 21 8 1 5 Civic Center Park 70 5 6 4 3 4 1 1 1 = Reservable Option 2 Park Category Parks Acres Permit Criteria Current Practice Pavilions / Picnic Areas Tennis Courts Pickelball Courts Volleyball Courts Basketball Courts Soccer/ Multipurpose Fields Baseball Fields Dog Park Playground Skate Park Trails Joe Mann Park 2.5 2 1 1 1 1 Palma Village 2 2 1 1 1 University Park East 2.5 2 1 1 1 University Dog Park 2.4 1 Washington Charter School Park 2.5 Ironwood Park (excluding trails)3 4 1 Yes Magnesia Falls City Park 6 1 1 1 Cahuilla Hills Park 27.5 1 2 Yes Cap Homme / Ralph Adams Park 27 2 Yes Freedom Park 26 6 8 2 3 2 3 1 1 Hovley Soccer Park 21 8 1 5 Civic Center Park 70 5 6 4 3 4 1 1 1 = Reservable Option 1 Park Category Parks Acres Permit Criteria Current Practice Pavilions / Picnic Areas Tennis Courts Pickelball Courts Volleyball Courts Basketball Courts Soccer/ Multipurpose Fields Baseball Fields Dog Park Playground Skate Park Trails Joe Mann Park 2.5 2 1 1 1 1 Palma Village 2 2 1 1 1 University Park East 2.5 2 1 1 1 University Dog Park 2.4 1 Washington Charter School Park 2.5 Ironwood Park (excluding trails)3 4 1 Yes 6 - 20 acres (Community Park)Magnesia Falls City Park 6 0 - 29 no permit required 30 or more permit required 1 1 1 Cahuilla Hills Park 27.5 1 2 Yes Cap Homme / Ralph Adams Park 27 2 Yes Freedom Park 26 6 8 2 3 2 3 1 1 Hovley Soccer Park 21 8 1 5 Over 50 acres (Large Regional Park) Civic Center Park 70 0 - 49 no permit required 50 or more permit required 5 6 4 3 4 1 1 1 = Reservable Gathering Limits Recreational Amenities Recreational Amenities All Parks 0 - 29 no permit required 30 or more permit required Gathering Limits 0 - 29 no permit required 30 or more permit required Gathering Limits 0 - 29 no permit required 30 or more permit required Recreational Amenities 20 - 50 acres (Regional Park) 0 - 39 no permit required 40 or more permit required 0 - 5 acres (Neighborhood Park) 0 - 24 no permit required 25 or more permit required Over 20 acres (Regional Park) 0 - 20 acres (Community Park) 0 - 29 no permit required 30 or more directed via signage to Regional Parks 0 - 49 no permit required 50 or more permit required Item 7D-29 PORTOLA COMMUNITY CENTER 45-480 PORTOLA AVENUE, PALM DESERT, CA 92260 APPLICATION FOR USE OF FACILITY Organization/Group Organization’s Phone Organization’s Address Responsible Representative Phone (H) Address Organization’s IRS Tax Filing Status Number of Members Insurance Carrier Policy # Number of Members w/ Palm Desert Address Approx. Number of Members Expected to Attend Community Center per Reservation Brief Summary of Organizations Philosophy Purpose of Meeting Dates & Times Requested for Reservations Rooms Needed for Meeting Any Specifications (Set-Ups) for Meeting Is the Meeting Open to the Public? For Management Purposes Only, If Applicable: Fees: Deposits: Reservation: Hours x $ = $ Cleaning: $ Other Fees: = $ Key: $ Fees Total: = $ Deposits Total: $ Reservation Payment Received: Date: Receipt #: Deposit Payment Received: Date: Receipt #: Application Approved By: (Name) Date Approved Signature Item 7D-30 APPLICATION PAGE 2 of 3 AGREEMENT This application, when properly filled out, approved, and signed by an authorized Desert Recreation District (DRD) Representative, the City Manager, or an authorized City Representative, becomes a permit to use the facility for the times and the purposes set forth herein. The applicant agrees to abide by the terms, rules and regulations of this permit as set forth in the attached sheet by DRD and the City of Palm Desert for the use of the facility for the time and purposes set forth herein. The applicant hereby states, under penalty of perjury of the laws of the State of California, that he/shethey are is duly authorized to make complete and sign this application. In consideration of use of the Portola Community Center, the undersigned agrees to the following: 1. Pay the required fees for use of Facility. 2. Abide by and enforce all of the rules and regulations pertaining to the use of Facility. 3. I hereby aTgree to release, discharge, and agree not to sue the Desert Recreation DistrictDRD or the City of Palm Desert for any injury, death, or damage to or loss of personal property arising out of, or in connection with my participation in or use of the facilities for whatever cause, including the active or passive negligence of the Coachella Valley Recreation and Parks DistrictDRD, the City of Palm Desert, the Portola Community Center, or any other participants using the facilities. 4. I hereby agree for That Imyself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the Desert Recreation District and Parks DistrictDRD, the City of Palm Desert, the Portola Community Center, or any other participants using the facilities from any and all claims, demands, actions, or suits arising out of or in connection with my use and participation in the use of facilities. 5. On behalf of the applicant/organization that I representThat I, on behalf of the applicant/organization that I represent, shall be responsible in case of any damage to any part of the Facility. This includes but is not limited to the payment of any repairs or replacement of any items damaged during use of the Facility and all necessary labor or cost to return the Facility to a clean and orderly condition, less normal wear and tear. I am aware that this Agreement is a full release of all liability and sign it on my own free will. Name of Applicant Title Signature of Applicant Date Item 7D-31 APPLICATION PAGE 3 of 3 Item 7D-32 PORTOLA COMMUNITY CENTER 45-480 PORTOLA AVENUE, PALM DESERT, CA 92260 FACILITY USE AGREEMENT 1.Applications to use the facility must be submitted on the form provided by the Portola Community Center. The application must be signed by an adult age 21 and over who will attend, supervise, and be responsible for the entire event or activity. A reservation calendar for use of the Portola Community Center will be developed every six months. 2. Applicants must provide all information required to assure compliance with the requirements and regulations of the facility. If any incomplete or incorrect information is provided on the application (i.e. contact information, nature of event, expected attendance), facility staff may immediately cancel the rental without refund of fees of deposit. 3. Approval or denial of an application will be made within seven (7) working days of receipt of the completed application. 4. Exceptions may be made by the City of Palm Desert and Portola Community Center and appeals can be made to the City Manager. 5. Public meetings shall conclude no later than 8:30 00 p.m. on all days. 6.Hours requested on application should include time for your group’s set up and clean up needs. 7. A security deposit of $150.00 will be required for all rentals and must be submitted within two (2) days after notification of application approval made payable to the Desert Recreation and Park District. The security deposit amount is determined by the number of people in the group. For 1 – 50 people the deposit is $150, for 50 – 170 people the deposit is $300. 8.All users of the facility shall enforce and not exceed the maximum occupancy of 170 people. 9. All users of the facility shall be responsible for clean up after each meeting. After inspection of the facility, if a determination is made that the facility has not been left in clean and/or satisfactory order, all or a portion of the deposit may be forfeited by the organization and retained by the facility. No cleaning deposit shall be charged to the City of Palm Desert. Item 7D-33 PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 2 of 4 10. Facilities and equipment are to be left in the same condition as they were prior to the rental. The organization is responsible to pay a fee equal to total replacement for any damage to facility or loss of property. Security deposit will be held until total repair/replacement cost is determined and repair/replacement is complete. 11. No preparation of any kind will be permitted in/or on the walls, floors, ceiling, or fixtures. This includes tape, tacks, nails, putty, screws, staples, decals, powders, wax, paint, etc. Rice, birdseed, confetti, glitter, or any similar items may not be used inside or outside the facility. No fog or smoke machines are permitted. 12. No food or drink is allowed inside the facility except during organized functions. 13. Portola Community Center is a non-smoking facility. Pursuant to California State Law, smoking is not permitted within 40’ of all entrances or exits of public facilities. 14. No alcoholic beverages are permitted on the facility property. For special events, the City Council or City Manager may grant special permission per Palm Desert Municipal Code Section 9.85.040. Requests must be received at least 30 days prior to the event. 15. No narcotics or controlled substances are permitted in the facility. 16. No profane language, quarrelling, fighting, gambling, vandalism, or disorderly or illegal conduct is permitted during use of the facility. 17. Programs offered in and during the use of the facility shall not contain any matter which might tend to cause a breach of the peace and which constitutes subversive doctrine, seditious utterances, and which agitate changes in our form of government or social order by violence or unlawful methods. 18. All children under the age of 10 must be accompanied by an adult over the age of 18. Note: Accompany means within close proximity (arms distance, for example). Youth organizations (ages 11-18) must have one adult to every 10 minors in attendance that shall remain at the facility for the duration of the activity. 19. Pets, other than those assisting persons with disabilities, are not permitted on the facility property. 20. The facility is not responsible for lost or stolen items. It is strongly recommended that items of value not be brought onto the premises. 21.Facility staff requires pPrior approval from facility staff is required for equipment and services brought in and not directly provided by the facility. 22. The Facility Use Agreement shall not be transferred, assigned, or sublet to any third party. This Agreement is issued for a specific use of the facility and for specific hours. 23. Applicants shall not grant use of the facility to any third party or charge admission fees (i.e. classes, workshops, meeting dues) without written permission from the City of Palm Desert. 24. All meeting cancellations must be submitted to facility staff with a two (2) week cancellation notice required allowing for flexibility in scheduling another meeting in its place. Item 7D-34 PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 3 of 4 25. Due to the severe parking conditionslimited parking at the facility on Sundays, there shall be no public meetings scheduled for that day. 26. Doors must remain unlocked during hours of use. 27. The City of Palm Desert and the Desert Recreation and Park District may revoke reservations at its discretion. 28. In addition to the rules governing the use of the facility, the organization shall also comply with all applicable local ordinances of the City of Palm Desert, including the “Administrative Policy for Use of City Owned Facilities” and State and Federal laws. 29. The facility user may not use the City of Palm Desert as a sponsor of the activity and may not list the Portola Community Center’s address or phone number as the principal contact in any written materials associated with the rental of the facility. Facility staff may require copies of all promotional materials used in conjunction with the organization and its use of the facility. 30. The City of Palm Desert assumes no legal responsibility and is not liable for personal injuries, thefts, or losses of private property while on the facility premises. The organization, if non-profit, is required to maintain in full force and effect, at the organizations expense, general liability insurance in the amount of not less than $1,000,000 from an admitted carrier in the State of California with a Best Rating of A VII or higher. The policy shall name the City of Palm Desert and the Coachella Valley Recreation and ParkDesert Recreation District as additional insured. The City’s Risk Manager, or designee, when it is deemed to be in the best interest of the general public, may require additional insurance in the amount sufficient to cover the activity to be held at the facility or may waive the insurance requirement. A Certificate of Insurance and Additional Insured Endorsement evidencing the required coverage shall be provided to the facility at least seven (7) business days in advance of the scheduled event. Failure to duedo so may result in cancellation of the event. The Certificate and Endorsement shall be subject to facility staff approval for adequacy and protection. Violation of any of this Facility Use Agreement by any organization during occupancy shall be sufficient cause for denying further use of the facility to the organization. Applicants will be held responsible to see that the rules and regulations listed above are strictly enforced. The undersigned has read and fully understands and agrees to the City of Palm Desert and the Desert Recreation and Park District’s Facility Use Rules. The undersigned understands that as a facility user, in addition to paying for all damages to premises and facility, there may be a forfeiture of all or part of the cleaning deposit should any of the rules listed above become violated. The applicant understands that no refund on rental fees will be given without a two (2) week written notification of cancellation. The undersigned understands that the deposit will be returned two weeks after the event, if none of the above rules have been violated. Item 7D-35 PORTOLA COMMUNTIY CENTER FACILITY USE AGREEMENT PAGE 4 of 4 I, the undersigned, acknowledge that I have read the Portola Community Center’s Facility Use Agreement and I agree to abide and enforce with my organization all of the rules set forth by the City of Palm Desert and the Desert Recreation and Park’s District. Print Name (Representative of Applicant) Title Signature Date Item 7D-36 CITY OF PALM DESERT ATTENDANCE REPORT Advisory Body: Prepared By: Year 2022 2022 2022 2022 2022 2022 2022 2022 2022 2023 2023 2023 Month Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Date 5th 3rd 7th 12th 2nd 13th 11th 1st 6th 3rd 7th 7th Akkerman, Gregg - Vice Chair P P P P P P P P P A P P 1 1 Dawson, Gerald - Chair P P P P P P P P P P P P 0 0 Flint, Lori P P P P P P P P P A P P 1 1 Guyer, Randy P E P P P P E P P P P P 2 0 Henderson, James P P P P A P P P E P 2 1 Maldonado, John P P P P P P P P P 0 0 Murphy, Paul B. P P P P P P P P P P A P 1 1 O'Donnell, David P P P P P P P P P 0 0 Perry, Ralph P P P P P P P P P P P P 0 0 Palm Desert Municipal Code 2.34.010: Present Absent Excused No meeting Monthly: Three unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet monthly. Parks & Recreation Commission Monique Lomeli Total Absences Total Unexcused Absences Item 7E-1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLAIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES RECOMMENDATION: Waive further reading and introduce an ordinance amending the Palm Desert Municipal Code to update, clarify, and codify bylaws and general provisions for the City’s boards, commissions, committees, and task forces. BACKGROUND/ANALYSIS: In November 2020, the City Council considered and directed staff to move forward with a series of recommendations relating to the City’s boards, commissions, committees, and task forces (“Appointed Bodies”). These recommendations resulted in the request to review and consolidate appointed bodies bylaws and to create general provisions applicable to all appointed bodies. A City Council subcommittee consisting of Kathleen Kelly and Jan Harnik worked closely with staff and the City Attorney’s Office in the preparation of the proposed ordinance. For City Council’s consideration is a proposed ordinance which would rescind existing bylaws and codify all bylaws into the Palm Desert Municipal Code (“Code”). In addition, the proposed ordinance establishes general provisions applicable to all appointed bodies. Common Terminology To better communicate the roles and responsibilities of each appointed body, the proposed ordinance renames certain appointed bodies in the following ways: • Appointed Bodies: To be used when collectively referring to the City’s boards, commissions, committees, and task forces. • Boards & Commissions: These terms should be designated for appointed bodies which have final approval authority unless appealed. • Committees & Task Forces: These terms should be designated for appointed bodies which are advisory to the City Council or another legislative body. Based on these definitions, it is recommended that the Public Safety Commission and Parks and Recreation Commission be renamed to committees and that the Cultural Arts Committee remain a committee. 04/04/2023 PRC - Supplemental Material City of Palm Desert Board, Commission, Committee & Task Force Bylaws and General Provisions Page 2 of 3 Summary of Significant Changes • Appointments: The existing code allows for a member to continue to serve past their term expiration, at the request of the City Council, until the member is reappointed or a successor is appointed. To streamline the timeliness of this process, it is recommended that a member term automatically be extended until the member is reappointed or a successor is appointed (see Section 2.34.040[A]). • Alternate Members: Where bylaws may have required a certain number of alternate members, the proposed ordinance eliminates any requirement and instead allows the City Council to appoint alternate members at its discretion (See Section 2.34.060[B]). • Ex Officio Members: Clarifies that the City Council or City Manager may designate ex officio members (see Section 2.34.060[C]). • Staff Liaison/Recording Secretary: Defines the roles and responsibilities of the staff liaison and recording secretary (see Section 2.34.060[D]). • Quorum Requirements: Defines that a majority of voting members shall constitute a quorum, except where the bylaws provide for a membership up to a certain number of voting members, then a quorum shall be a majority of the appointed voting members (see Section 2.34.070[F]). • Unexcused Absences: Based on the existing regulations, when a member reaches a maximum number of unexcused absences, the member is subject to automatic resignation. The proposed amendment creates a process in which the City Clerk will notify the member and provide a 15-day grace period for the member to request waiver of any unexcused absence from the mayor, after which the resignation shall be deemed automatic (see Section 2.34.100[B][5]). • Failure to Comply with Law: To ensure compliance with federal, state, and local laws related to mandatory trainings and disclosure reports, this provision would create a process in which the City Clerk would provide a written certification to a member that at least three (3) written notifications were sent and provide a final 5-day grace period after which the member would be suspended for failure to comply with law (see Section 2.34.100[F]). Future Reorganization of Chapter 2, Administration and Personnel The existing code contains the bylaws of certain appointed bodies without any order and this proposed ordinance inserts uncodified bylaws in unused sections. Staff intends to return to the City Council with a future ordinance to reorganize Chapter 2, Administration and Personnel, with the general provisions followed by each appointed bodies bylaws in alphabetical order to the extent practicable. However, an extensive and detailed analysis must be undertaken to ensure that all cross references within the code are updated. FINANCIAL IMPACT: There is minimal fiscal impact associated with the publication of the proposed ordinance. 04/04/2023 PRC - Supplemental Material City of Palm Desert Board, Commission, Committee & Task Force Bylaws and General Provisions Page 3 of 3 REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman 04/04/2023 PRC - Supplemental Material