02-01-2005 -City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager and
City Council
FROM: Steven L. Samaniego,
Interim Community Services Director
AGENDA
ITEM NO. G-3
DATE February 1, 2005
PRINTED ON RECYCLED PAPER
SUBJECT: INTRODUCTION OF ORDINANCE NO. AMENDING
CHAPTER 16 OF THE WEST COVINA ,MUNICIPAL CODE IN
ITS ENTIRETY AND CONSIDERATION OF RESOLUTION NO.
ESTABLISHING HOURS OF OPERATION FOR ALL CITY
PARKS AND RECREATIONAL FACILITIES.
RECOMMENDATIONS:
It is recommended that the City Council adjust and clarify park hours; set forth
enforcement provisions for all parks; establish new property impoundment provisions,
and establish a special permit process requiring City Council approval for alcoholic
beverage consumption during city -sponsored or co -sponsored events held outdoors in city
parks by approving the following ordinance and resolution:
1. Introduce the following Ordinance as set forth in Attachment A to this report:
ORDINANCE NO. - AN ORDINANCE OF THE CITY
COUNCIL OF WEST COVINA AMENDING CHAPTER 16 OF
THE WEST COVINA MUNICIPAL CODE IN ITS ENTIRETY
PERTAINING TO PARKS, RECREATIONAL AREAS AND
PUBLIC PLACES IN THE CITY.
2. Adopt the following resolution as set forth in Attachment B:
RESOLUTION NO. 2-OOS " y
THE CITY COUNCIL OF THE
ESTABLISHING PARK HOURS
PUBLIC PLACES
_ - A RESOLUTION OF
CITY OF WEST COVINA
FOR CITY PARKS AND
3. Appropriate $ 3,900 from Account No. 114.81.8321.7700 (Capitol Improvement
Projects — Miscellaneous Park Improvements) for the manufacture, replacement
and removal of outdated signage at all city parks. The City Maintenance Division
will install the signs.
DISCUSSION:
Recent direction to address deficiencies in park signage, specifically regarding hours of
operation and enforcement authority, led to a review of all park facilities, a copy of the
report is attached hereto as Attachment "C".
The intent of this ordinance and accompanying resolution is to:
1. Provide the Police Department with the necessary enforcement vehicle and
authority to enforce park rules and keep all parks safe and free of loiterers after
park hours;
2. Establish message consistency for park signage;
3. Establish property impoundment provisions for violations committed at Public
Skate Parks.
4. Establish a special permit process requiring City Council approval for alcoholic
beverage consumption during City -sponsored or co -sponsored events that are held
outdoors in city parks (Attachment A). This permit process is separate from that
which currently exists for the administrative processing and approval of alcoholic
beverage permits for indoor, private events held in rented park facilities.
r-
Andrew G. Pasmant, Citflanager
City Council
February 1, 2005
The proposed park hours as set forth in the attached Resolution (Attachment `B") include
gated park hours that vary from 6:30 a.m. to 9:00 to 10:00 p.m., but most City parks (if
the Resolution is approved) would now be open from 5:00 a.m. to 10:00 p.m. thereby
allowing one more hour of public access to city parks every day of the week.
The Police Department has reviewed and approved the contents of this report and
accompanying materials.
Attachment D lists the various current park restrictions.
ALTERNATIVES:
1. Introduce the attached Ordinance and direct staff to bring the ordinance forth at
the next City Council Meeting for adoption.
2. Provide alternate direction to staff.
3. Receive and file this report.
FISCAL IMPACT:
The fiscal impact resulting from the recommended actions is limited to the cost of the
manufacture of new park signage at an estimated cost of $3,900 in account
114.81.8321.7700. The Department of Public Works will install the new signs.
COMMISSION DISCUSSION AND RECOMMENDATION:
On December 14, 2004 the Community Services Commission approved to recommend
the attached resolution to the City Council.
JLZj6u'� Ile-aR
Prepared by: Olga Gonzalez
Community Services Department
Reviewed by: AXI
Public W rks
ATTACHMENTS:
Police
A. Proposed Ordinance No.
B. Proposed Resolution No.
C. Review of Park Facilities
D. ' Table of Current Park Restrictions
Reviewed by: Steven L. Samaniego
Interim Community Services Director
approved via phone
City Attorney
2
ATTACHMENT "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF WEST
COVINA AMENDING CHAPTER 16 OF THE WEST
COVINA MUNICIPAL CODE IN ITS ENTIRETY
PERTAINING TO PARKS, RECREATIONAL AREAS
AND PUBLIC PLACES IN THE CITY.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16 of the West Covina Municipal Code is hereby amended
-in its entirety to read as follows:
ARTICLE 1
Section 16-1 — 16.15. Reserved.
ARTICLE II.
CONDUCT IN PUBLIC PARKS
Section 16-16. Scope of Article.
The rules and regulations set forth in this article shall govern the public parks and public
places of the City.
Section 16-17. Definitions.
For purposes of this Article II, the following terms shall have the indicated meanings:
(a)
(b) The term "public park" shall include every park, roadside rest, golf course, riding and
hiking trail and public recreation facility owned, managed or controlled by the City.
(c) The term "public place" shall include the West Covina Civic Center.
(d)
(e)
The term "Director" shall refer to the city Commum"ty Services Director, Hum
Sefviees r,;r. , . or 1 auth riz c designee.
(f) The term "Traffic Authority" shall mean the Traffic Committee of the City of West
Covina as established by Section 22-46 of this Code.
Section 16-18. Unlawful Acts.
Within the limits of any of the public parks or public places of the city, no person shall do
any of the following acts:
(a) Remain, stay or loiter in any public park, public place or building therein, between
the hours established by resolution of the City Council and posted, except with the
written permission from the Director.
(b) Light or maintain any fire except in a stove, fire circle or other place provided for
that §Rppific purpose;
(c) Possess, carry or discharge any firearms, firecrackers, rockets, explosives or any
other fireworks, air gun, bow and arrow, or sling shot;
(d) Throw, project or propel any nissile p_bif capable of causing personal injury or damage to
personal property;
(e) Ride upon, propel or park a skateboard, roller skates, coaster, scooter or bicycle where the
Traffic Authority has posted signs in the manner set forth in Section 22-82 of this Code, to
prohibit such activity.
(f) Throw, discard, place or dispose ofany garbage, or refuse in any place other than a garbage
can or other receptacle maintained for that specifi purpose;
(g) Discard any large items, such as sofas, mattresses, appliances or construction materials in
public trash bins;
(h) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower,
or any portion thereof growing therein; or cut, break, deface, or injure any building,
monument, sign, fence, bench, equipment, or property therein; or cut or remove any wood,
turf, grass, soil, rock, sand, or gravel;
(i) Swim, bathe, wade in or pollute the water ofany fountain, pond, lake, or stream, or commit
any nuisance in or near such water or in any manner pollute the same;
(j) Camp or lodge therein, except with written approval from the Community Services
it or 1-T Se.n.riees sheet r; requested ten (10) working days prior to the camping
date; and
(k) Erect and operate mechanical rides or devices.
Section 16-19. garb. Hours for Public 11sage of City Parks Signa�e amd.
Pouting HNuirements.
Park hours will 5hall be established byRebh.dion:oftheCity Council Resaelutien, upon a
recommendation ofthe Reefeation and Pad �immun tv SSgndces Commission. Said neur-s
shall be posted:
S gna�clI the hours during; which a park is oven to the public shall be
1p aced and prominently oo9 d and visible a" t all nark entrances narking moots and areas of
high nublic usage such as picnic sites snorts fields an curt
(r i n, shall sp cLfv theme rules and reQulatians t lisped nursunt to this, Cha�te_r
16 — Article II and the activities described as prohibited in this Article Siana a re uired
up rsu�nta_ �+ction shill cite the resedive West Covina Municipal Code se ion
be
g invoked
It is unlawful
fsr any terson
to remain stay or loiter
in a municipal n ra k b on the
hours ofpp
eration unless
such person or enti his so
authorized by a special permit issued
by the Department
of Community
S ce
Section 16-20. Public Address Systems
No person shall set up, use, operate or maintain a public address system within any public park or
public place without obtaining a permit from the Director. The person shall apply fore the
permit by application to the Director a minimum of five (5) working days prior to the date requested.
The Director is expressly given the authority to determine the maximum amplification permissible
consistent with other persons' enjoyment of the public parks and public places.
0 0
Section 16-21. Alcoholic Beverages in Public Parlks ;
As set forth in Section 15-5 of this Code, no person shall, within the limits of any public park 'or
public place, consume any alcoholic beverage except at locations and times approved by Resell
slieeial nerrnit.
or stofew
at�pro of the City Manager -
Special
_A_lc_ahicBrage Permits -for Citped orCnsoEnoo
special city -sponsored or City ea -sponsored event.
The alcoholic beverage Dances is n�f amity shall be duly authorized by Resolution ofthe
West Covina City ouncA and the sponsoring organization must be properly licensed by
the State of CaUornia Denartrnent of Alcoholic Beverage Control to serve andfor sell
alcoholic beveraa-es.
Reue_fteeial alcoholic beyera a permits shall be su mit ed to the City Course at
least three 31 months prior to the event date in order to allow sufficient time for
a�lministrativ�tarocessma by dui rd ations as
--�pnate
Requests for smi alcoholic beverage permits shall contain the following
A The date and nurose cif the event an�the name of the City hark where the
event�h�ll l�e_held,
B The name of the s --sonl r�z�tion and its designated offce ` sl who
�h�ll be responsible for the event and alcohol beverage sales.
1'r9 Seri h2uj of opera ion for alcoholic. ever e c�c ncession facility
ID. A d eri tir000sed prerni-s_for the alcoholic vere
concession facilit tents_ Pnccl sores= fends. eta
E.
is ram shall include a clg ra desi aXn ted erimeter for the operation of the
facility and an area for hh consume Alan- aI Q=h lic bevera�
F_ The_names-and current id�ntificaon �f all inclivuals who will work_or
rovide services in the operation of the alcoholic beuera_ge concession
facility.
Proof of liabili in ranee for alcoholic verge end liquor li ilit
preparing giyinu or consumption of alcoholic b yerages during the special
ev_en1,
�it ,• � , _� .� i� ` �_ � � _� �;.
Review and commentary on a request f_or a STgera
cial Alcoholic Bevge Permit
shall be re airedfrom the Administr Lion City Attrney Community Seryice-,
FirePolice Risk Management and Building I3eartment�prior to submittal for
___=until consider i n_
Staff commentary and su estions shall be compiled in a report prior to Council
consideration of the special alcoholic beverage hermit re u s
The purpose
of the departmental review is to thorouft address
specific concerns
prior to
ounal consideration
of said request Said review may
include concerns
r_eardinu
theme etv of even_ t
participants limiting access to the alcoholic
beverage
concession facility
fencing to prev�ntjn_wih—mized persons
from
ent n n_the
designated area
capacity restrictions according to proposed
s_aua�r
footage inaes=s and er�ss considerations
restricti2ns to ensure
alcoholic
beveraues
art not taken beyond
the established perimeter of the
facility
No person shall a Rowed tossesor consume alcoholic beverages outside of
the established pen_: meter of the alcoholic beverage concession facility
Patrons and worker o� f the alcohol beverage co-015ion facility must b�
twenty one 211 years _of or older. Th_ e snansorin organization shall
ensuresthat entrance to the deAguAgd_perimeter is manito_rmd at 1times-
and that all patrons wghtr c_onsumin alc�c holic beverages are of
the legal age of i 1 years.
t5 Proof of Licenses ones aaa€i Permits
At lust fifteen (1.5) days prior to the special event the sponsoring organization
must provide the City Council with proof of all s ecialpermits and licenses
require by the-St-a-te of California De artment of Al ho is Beverage Control in
order to operate an alcoholic beverage concession facility
(6) Posting of License and Permits.
If ap aved by tby the City Council n alcoholic everaae concession facili shall
prominent) i lay the s ect� ial City permit and all Vern- is and licenses required
and issued by the State of California Department of Alcoholic Beverage Control.
Said nermiis and licenses _shall remain oos end -during the entireoeration and
function of the facility.
Ansyermittee operating an alcoholic beverage concession facility shall abide by
all Federal State and loot laws rums re ations and, ordinances reardina the
salease anti consumption of alc holic ev raages. The failure off,
permittee to abide by Winn and all such flaws rules regulations or ordinances shall
contie rgroiinds for the imme i to revocation of the special alcoholic beverage
Aennit. '
Section 16-22. Vehicle Regulation.
(a) No person shall. drive any vehicle within any public park or public place at a speed that is
greater than is reasonable or prudent, having due regard for the traffic and traffic pattern and
the surface and width ofthe roadway, and in no event in excess often (10) miles per hour
unless a greater speed is posted.
(b) Parking. No person shall_ park any vehicle within any public park or public place except in
designated parking areas; however, the Traffic Authority is hereby authorized to permit
parking along roads and in undeveloped areas within the public park or public place when in
their `ti is the opinion of Traffic Authority nrsonnel that such parking will not interfere
with the operation ofthe public park or public place.
(c) Erection of Sneed Traffic and Parkin Signs. The Traffic Authority is authorized to erect
and maintain signs at locations deemed appropriate indicating the speed limits established
by the City Council for public parks and public places along the roadways or streets therein.
The Traffic Authority is also authorized to designate parking areas and traffic patterns and
to erect and maintain signs indicating such areas and patterns.
(d) Removal of Vehicles.. Vehicles may be removed and. stored at the owner's expense by peace
officers where the vehicle has been parked for a period of time or more than twenty-four
(24) hours in a location where parking is prohibited and appropriate signs have been posted.
(e) Vehicle Access. No person may shall ride or drive any horse or other animal or propel any
.vehicle, cycle or automobile within any public park or public place except on roads, trails or
driveways the Traffic Authority has designated for that purpose.
Section 16-23. Commercial Solicitation and Sales
No person shall, within the limits of any public park or public place, solicit primarily for
commercial purposes in any manner, or sell or offer for commercial sale any goods, wares,
merchandise or food products, or distribute or pass out any primarily commercial handbills or
advertising material without permission granted by the City Council.
Section 16-24. Non -Commercial Solicitation and Sales.
No person shall, within the limits of any public park or public place, solicit funds; or sell or offer for
sale any goods, ware, merchandise or food products for any noncommercial purpose without written
approval from the Director, or authariz �esnee.
Section 16-25. Domestic Animals.
No person having custody of a cat, dog or other domestic animal shall allow such animal in any
public park or public place without the ability to produce evidence that the animal is currently
licensed as required by any other provision of law and unless such animal is restrained by a
substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to
restrain such animal. Further, the Director may designate areas where animals are required to be
restrained and enclosed in -a car, cage or similar enclosure, except for guide dogs for blind
persons.
The Director may issue permits for group activities wherein dogs or cats will AMU be under the
responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar
enclosure while participating in the permitted event.
EXEMPTI®
A. Dogs used for law enforcement ni powAb Iaw mf_O_rcement Re Lei l l e hill b�
exempt from these provisions.
B. Harse ermitt_ed at the Ridg Iti e Equestrian Center, u are otherwise not allowed an
another City nark without the exx ress permissian of the Director of Community Services.
Section 16-26. Athletic Activities.
No person shall conduct or participate in any sport or in any organized athletic activities within any
recreational area other than in such areas as may be designated for such sports, games or athletic
activities, nor in any areas where the Director has posted signs prohibiting such activities.
Section 16-27. Exemptions.
The provisions of this Article shall not be construed to prohibit persons from engaging in organized
recreation activities conducted and scheduled by the City, nor to prohibit the. city from conducting
such activities.
Section 16-28. Damage or Destruction of Park Property; Rewards
(a) The City Council hereby finds and declares that there has been a substantial increase in
vandalism and the destruction ofCity property in public parks and public places. This has
materially increased the cost to the public ofmaintauung public parks and public places and
has discouraged public contributions oftime and property to the development and
improvement of public parks and public places.
(b) A reward ofFifty Dollars ($50.00) is hereby offered and shall be paid to any person who
furnishes to the City of We9__C_Q a police Department information leading to the
apprehension and conviction of any person who willfully destroys or damages property of
the City in any public park or public place.
(c) Claims for rewards under this section shall be filed with the city clerk as are other claims
against the City. Each claim shall:
(1) Specifically identify the date, location and kind of property damaged or destroyed.
(2) Identify by name the person convicted ofthe damage or destruction thereof.
(3) Identify the court and the date upon which the conviction occurred.
(d) No claim shall be allowed by the City Council unless the Chief ofPolice certifies to the
accuracy of the claim and recommends that it be allowed.
(e) The Director 'is authorized to cause signs containing the offer of reward to be posted at
appropriate locations on public parks and public places.
Section 16-29. Director's Authority.
The Director shall have the authority to issue additional regulations to implement the intent ofthis
Article. This authority shall include, but not be limited to, the establishment of the permit
application procedures, a reservation system for use ofrecreational facilities, permit fees and
liability insurance requirements.
ARTICLE III.
PUBLIC SKATE PARKS
Section 16-40. Statement of Purpose.
The purpose of this section is to establish a comprehensive set of rules and regulations for the
use of the skate park facility in the City of West Covina. This section shall apply to the use
and operation of skateboards, in -line skates, and common roller skates in the City's owned
and operated skate park facility.
Section 16-41. Reserved.
Section 16-42. Definitions.
For the purpose of carrying out the intent of this Article III, words, phrases and terms used
herein shall have their ordinary meaning, unless otherwise indicated as follows:
The term "skate park " shall mean the public facility that is designated for, and
maintained by the City of West Covina for the purpose of skateboarding, in -line skating and
roller skating as permitted pursuant to the provisions of this seetion Article.
The term "skateboard" shall mean all wheeled objects; coasters, toys, conveyances, or similar
devices used for transportation or sport which are propelled by human power and which are
not classified as bicycles or two -wheel scooters.
The term Cent "roller skates" shall mean a shoe, boot, or an apparatus worn on a shoe or
boot with wheels attached to such shoe, boot or apparatus.
The term "in -line skate" including roller blades shall mean a common roller skate with
wheels attached thereto in a manner so that all wheels are aligned on a single line, and foot
propelled without a steering apparatus.
The term "scooter" shall .mean a plank or board, whether made of wood, plastic, metal, or any
other material, with wheels and steering apparatus attached and is foot propelled or motorized.
Section 16-43. Reserved.
Section 16-44. Hours of Operation.
A skate park facility shall be open from da" 5.00 a.m. until 10:00 p.m. daily, or as otherwise
posted by the Director of Community Services. It.shall be unlawful for any person to use or
remain in the facility in violation of this section without written consent of the Department of
Community Services.
Section 16-45. Reserved.
Section 16-46. Prohibited Conduct.
With respect to any City of West Covina skate park facility, it shall be unlawful for any
person to do any of the acts hereinafter specified:
(1) 'No person shall skate or skateboard at times other than those established by the
'Director of Community Services or autho'"`'�� rized dsi n ��t �a+
4,
(2) , No person shall use a skate park facility for uses other than skateboarding and skating;
(3) No person shall use or enter the fenced area of a skate park facility unless he/she they
wears proper safety equipment including a helmet, elbow pads, and knee pads. All
such safety equipment must be functional and protective, properly sized and designed
for its intended use at the skate park f cili
(4) No person shall ride or use any items other than roller skates, in -line skates; or
skateboards; onh__ k in surface of a skatark facility. The use of all other items.
including but no limited to, bicycles, unicycles, scooters, go-carts, and wagons, on the
skating surface of a skate park facility is rr tl� prohi ited;
(5) No person shall possess or use alcohol or drugs in the a skate park f cilit
(6) No person(s) shall litter in a skate park facility. All persons using a skate park facility
must smell place any trash they create at or bring to a skate park in refuse containers
provided by the City. If no refuse container is provided by the city, eaeher�en. all
gr ins shall be responsible for removing and disposing of such items in an
appropriate manner;
(7) No person shall cause graffiti or tagging at the in a skate park facility;
(8) No person shall ride any skateboard or skates in a skate park facility in a reckless
manner or with willful, disregard for the safety of persons or property, or cause such
items to be ridden in such a manner;
(9) No person shall skate on the curbs, sidewalk, fences, railings, and/or driveway of a
pity -owned area surrounding a skate park facility;
(10) No glass containers shall be used in a skate park facility;
(11) No additional obstacles may shall be placed in a skate park facility;
(12) A skate park facility shall net be used if a hazardous condition exists, including but
not limited to inclement weather conditions and significant cracks, breaks, or other
irregularities in the skating surface of a skate park fait;
(13) All organized events shall have written approval from the Director of Community
Services Qr au h rize -gg pn e ; and
(14) No anifnals are allowed Animals are rohi ite� in a City of West Covina skate park
f�ctllty.
Section 16-47. Reserved.
Section 16-48. Protective Gear; Regulations.
It is unlawful for a person to ride er-trse a skateboard, of in line, ^'"'+ or to skate in a skate
park facili gout the us�Qf a helmet, elbow pads and knee pads
Section 16-49. Reserved.
Section 16-50. Signage and Posting Requirements.
In order to provide notice to the public, the Director of Community Services, or authorized
`si c� and ter h__.n,__ desigffee shall pla a -and post signs in one or more conspicuous and
visible area(s) of a skate park facility that specify the rules and regulations established
pursuant to this Article III, and the activities described as prohibited in this Article. The signs
required pursuant to this section shall cite the respective West Covina Municipal' Code section
being invoked.
Section 16-51. Reserved.
Section 16-52. Violation and Viela4ie A.vialatian of this provision is shill con t itue an infraction punishable by:
(a) A fine not to exceed fifty dollars ($50.00) for the first violation;
(b) A fine not exceeding one hundred dollars ($100.00) for the second violation of the
same ordinance QggUffin within one (1) year of a I first violation;
(c) A fine not exceeding one hundred and aeventy five dollars ($175.00) for ;each
additional violation of the same ordinance gccurlin
S within one (1) year of the first
violation;
(d) Any violation of the provisions of this Article III shall be deemed to -be an infraction
and punishable as such, notwithstanding the fact that at the discretion of the City
Council, the violation may be filed as a misdemeanor;
(e) Repeat violators of the skate park rules may be prohibited from using the ks ate Aark
facility; and
(f) Violations of any provisions of this section shall constitute a nuisance and may be
abated by the city through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of
such nuisances.
Failure to comply with this Article III may result in a citation and penalties as set forth in
Section 16 52 above and the im�c un i�ment of the skateboard in -line skates roller k� ates
coais er boy vehicl icvcle or similar cf�ice and maw also require restitution for
dame es o pro�ertv if appli N
All k bo s in -tin raft r ska e coaViers a hicles is I r imil
evic s imponded pursuant to this Article III shall bproperly iidentified catalogued
and stored accord��� rn th Est avina Police Departm me 's procedures for impounded
Ud Skateboards
in -line skates
roller skates
c e_r, _oy vehicles bicycle ar similar devices
shill not be
impounded or
stored as criminal
eyidencp unless�he item is used in
c2nnection
with a criminal
incident fallinu
outside thisener
—al order
' Imnaundment Fee P_ament of the fallowing Jn-poundment fees shall be re uir prior
t anrelease of property impounded pursuant to this Article III;
0 0
An im�aoundmenLfpe of Thirty Dollars (�30 00 shall b cY arged for .the first day
ofimnoundment and Tgm ollars (�10.00) per da for each day thereafter during
which the propeMds storednd maintained by the West Covina Police
Ike ap rtme_nt.
f nclm Prc�nert Arti"I s im op unded Tzrsuant to this Section which are no ed
_anA rel as within six t 0) days of the initial imnoundm nt to shall be disposed of
accQrdin� to t�h _test ovine Polic�DD�vartm�n ' es a fished procedures for the
impoundment of unclaimed �ropert�v
For indiviu sunder eighteen 1 Sl years of age the ure of a agent or legal
uuar� dian s all e r ctuired for the release of ed_ property,
(h)Dispositions an 1_rele�ses of im ound d property_ hall 2nl b�� rocessed by authorized
p rsonnel of the West Covina Pace Department during normal burin ss ors.
SECTION 2. The City Clerk shall certify to the passage ofthis ordinance and shall
cause the same to be published as required bylaw.
PASSED, APPROVED and ADOPTED on the day of 52005.
MICHAEL L. MILLER
MAYOR
APPROVED AS TO FORM:
ARNOLD M. ALVAREZ-GLASMAN
CITY ATTORNEY
ATTEST:
LAURIE CARRICO
CITY CLERK
r�
L
RESOLUTION NO.
ATTACHMENT B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA ESTABLISHING PARK HOURS FOR
CITY PARKS AND PUBLIC PLACES.
WHEREAS, there are seventeen park sites in the City of West Covina as set forth below
and each park and facility contained therein has its own specific recreational land use(s); and
1. Aroma Park (undeveloped)
2. California Park
3. Cameron Park and Community Center
4. Cortez Park and West Covina Senior Center
5. Del Norte Park
6. Friendship Park
7., Galster Park
8. Gingrich Park
9. Heritage Gardens Historical Site
10. Maverick Baseball Field and Ridge Rider Arena
11. Municipal Pool Located at Edgewood Middle School
12. Orangewood Park and Skateboard Park
13. Palm View Park and Center
14. Shadow Oak Park and Center
15. Walmerado Park
16. West Covina Civic Center
17. Woodgrove Park
WHEREAS, pursuant to West Covina Municipal Code Section 16-19, the hours during
which a city park is open to the public are to be established by resolution of the City Council
upon recommendation by the Community Services Commission (formerly the Recreation and
Parks Commission); and
WHEREAS, a resolution formally establishing park hours has not been adopted to date;
and
WHEREAS, it is beneficial for park users to be informed of park hours; and
WHEREAS, it is necessary to have approved and p osted p ark h ours i n o rder f or 1 aw
enforcement purposes; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Upon recommendation of the Community Services Commission, it
is unlawful for any person or group of persons, to remain, stay or loiter in any municipal park
outside of the following established hours of operation, unless such person or entity is so
authorized by a special permit issued by the Department of Community Services.
PARK AND FACILITY
HOURS OPEN TO
PARK CLOSED
THE PUBLIC
Aroma Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
California Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
Cameron Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
According to established
Cameron Park Community Center
recreational program
schedules
Cortez Park and West Covina Senior
Between 5:60 a.m. and
Between 10:00 p.m. of
Center
10:00 p.m. of any day
any day and 5:00 a.m.of
the following day
Del Norte Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day,
Friendship Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
Galster Park
Between 6:30 a.m. and
Between 9:00 p.m. of
9:00 P.M. of any day
any day and 6:30 a.m.
of the following day
Gingrich Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
Heritage Gardens
Between 6:30 a.m. and
Between 9:00 p.m. of
Historical Site
9:00 p.m. of any day
any day and 6:30 a.m.
of the following day
Maverick Ball Field
Between 6:30 a.m. and
Between 10:00 p.m. of
any day and 6:30 a.m.
10:00 p.m. of any day
of the following day
Ridge Riders Arena
Between 6:30 a.m. and
Between 10:00 p.m. of
any day and 6:30 a.m.
10:00 p.m. of any day
of the following day
Municipal Pool at Edgewood Middle
According to established
School
aquatics program schedule
Orangewood Park and Skateboard
Between 5:00 a.m. and
Between 10:00 p.m. of
Park
10:00 p.m. of any day
any day and 5:00 a.m.of
the following day
Palm View Park and Center
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
Shadow Oak Park and Center
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
Walmerado Park
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
West Covina Civic Center
Between 5:00 a.m. and
Between 10:00 p.m. of
any day and 5:00 a.m.
10:00 p.m. of any day
of the following day
Woodgrove Park
Between 5:00 a.m. and
Between 10:00 p.m. of
10:00 p.m. of any day
any day and 5:00 a.m.
of the following day
SECTION 2. Signage clearly specifying the hours during which a park is open to
the public shall be placed and prominently posted and visible at all park entrances, parking lots,
and areas of high public usage, such as picnic sites, sports fields and courts.
Said signage shall specify the rules and regulations established pursuant to Chapter 16,
Article H of the West Covina Municipal Code, and the activities described as prohibited in said
Article H. P ark s ignage r equired p ursuant t o t he W est C ovina M unicipal C ode s hall c ite t he
respective Municipal Code section being invoked.
PASSED, APPROVED and ADOPTED on the day of , 2005.
Michael L. Miller, Mayor
I, the undersigned, hereby certify that the foregoing Resolution No. was duly
adopted by the City Council of the City of West Covina, California, at a regular meeting thereof
held on the day of with the following roll call vote:
AYES:
NOES:
ABSENT:
Attest as to form:
Arnold Alvarez-Glasman, City Attorney
Laurie Carrico, City Clerk
ATTACHMENT "C"
REVIEW OF PARK FACILITIES
CITY OF WEST COVINA, CALIFORNIA
Recent direction to address deficiencies in park signage, specifically regarding hours of operation and
enforcement authority, led to a thorough review of all park facilities.
Community Services staff conducted a review of all park facilities consisting of on -site inspections at
each city park, fact-finding meetings with various city staff members who work directly with parks
facilities, and a thorough review of the existing municipal code and history of previous park -related
ordinances.
There are seventeen City parks and public places located in the City of West Covina.
1. Aroma Park (undeveloped small park)
2. California Park (small park with playground apparatus)
3. Cameron Park and Community Center
4. Cortez Park and West Covina Senior Center
5. Del Norte Park
6. Friendship Park
7. Galster Park
8. Gingrich Park
9. Heritage Gardens Historical Site
10. Maverick Baseball Field and Ridge Rider Arena
11. Municipal Pool — Located at Edgewood Middle School
12. Orangewood Park and Skateboard Park and Roller Hockey Arena
13. Palm View Park and Center
14. Shadow Oak Park and Center
15. Walmerado Park
16. West Covina Civic Center
17. Woodgrove Park
1
REVIEW OF CITY PARKS AND PUBLIC PLACES:
This review revealed the following deficiencies:
1. Most park facilities have posted park hours of operation between 6:00 a.m. and 10:00 p.m.
However, due to lack of a Council resolution formally establishing park hours, the Police
Department is unable to enforce these hours and address loitering violations.
2. Chapter 16 (Parks and Recreation) of the West Covina Municipal Code is not current and should
be brought up to date.
3. Excessive signage exists at many of the city's parks. At times the signage provides conflicting
or unclear information, or refers to municipal code sections that no longer exist.
4. There are certain parks and facilities, such as the ball fields and equestrian center at Maverick
Park and the skateboard park at Orangewood Park that have unique land uses and therefore
i require the establishment of a respectively distinct set of usage rules.
5. There is a need to adopt stricter enforcement provisions for the Public Skate park at
Orangewood. Provisions for the authority to confiscate and impound skating devices have been
developed and included in the proposed Ordinance.
6. There is a need for a clearly delineated process for the City Council to review and grant, at their
discretion,• special permits for the consumption and/or sale of alcoholic beverages during special
City -sponsored or co -sponsored events which are held outdoors in city parks. This permit
process is separate from that which currently exists for the administrative processing and
approval of alcoholic beverage permits for indoor, private events held in rented park facilities
(For example: a permit to serve alcoholic beverages during a wedding reception held at the
Shadow Oaks Park Center).
2
•
LEGISLATIVE HISTORY — WEST COVINA MUNICIPAL CODE:
On July 27, 1987, the City Council adopted Ordinance No. 1748, which established park hours of
operation between 5:00 a.m. and 10:00 p.m., and made it unlawful to stay or loiter in any park or
building outside of that time period.
On February 22, 1988, the City Council adopted Ordinance No. 1770, which rescinded Ordinance No.
1748. Ordinance No. 1770 amended Article U (Conduct in Public Parks) of Chapter 16 of the West
Covina Municipal Code (WCMC) in its entirety. According to this ordinance, the hours of operation for
City parks were to be a stablished b y r esolution o f t he C ity C ouncil, u pon r ecommendation from t he
Parks and Recreation Commission. Said resolution establishing park hours was never adopted.
On April 20, 1993, the City Council adopted Ordinance No. 1918, which amended WCMC Section 16-
21 relating to alcoholic beverages at any park or public place.
On August 6, 2002, the City Council adopted Ordinance No. 2087, which established Article III — Public
Skate Parks, and set the rules of conduct, hours of operation and enforcement authority for said
facilities.
3
0 •
PARK HOURS OF OPERATION:
In 1987, park hours of operation were originally established between 5:00 a.m. and 10:00 p.m. pursuant
to Ordinance 1748, which also made it unlawful for persons to stay or loiter in any park or building
outside of that time period.
Ordinance 1748 was subsequently rescinded by Ordinance No. 1770. Ordinance No. 1770 required that
hours of operation for City parks were to be established by resolution of the City Council, upon
recommendation from the Community Services Commission (formerly the Recreation and Parks
Commission). However, a resolution formally establishing park hours has never been adopted.
Currently, most municipal parks have signage displaying hours of operation between 6:00 a.m. and
10:00 p.m. of any day.
Community Services Commission:
On June 8, 2004, the Community Services Commission approved to recommend the following
hours of operation for park facilities:
A. Due to unique land uses at parks with gated entrances. The Commission recommended
that hours of operation for these parks be between 6:30 and dusk of any day. Maintenance
staff must open the gates at the start of the day and secure them at the end of the day.
Parks with gated entrances are: Galster Park, Heritage Park, and Maverick Ball
Field/Ridge Rider Arena.
B. The Commission also recommended hours of operation for all other city parks to be from
5:00 a.m. to 10:00 p.m.
C. The Police Chief and Public Works Department previously indicated these hours are
acceptable and they supported the Commission's proposal.
4
0
RECOMMENDATIONS
The elimination of the terms dawn and dusk when referring to the opening and closure times of
facilities is recommended. Because the terms dusk and dawn actually refer to time periods and
not a set time, use of these terms does not provide a consistent schedule for park customers or
staff. Staff recommends setting a specific time for the opening and closure of facilities to create
consistency as set forth above.
Examples of current usage:
A. Information obtained from Public Works crews state that park restroom facilities are open
from 8:00 a.m. to dusk.
B. Signage posted at the entrance to Galster Park reads as follows:
Park open 8:00 to dusk.
C. Signage at the city operated skateboard park at Orangewood Park read as follows:
Hours of operation dawn to 10:00 p.m.
2. In respect of the recent recommendation of the Community Services Commission, the following
park hours of operation have been set forth in the proposed Resolution accompanying this report:
A. Hours of operation for all municipal parks (except Galster Park, Maverick Ballfield,
Ridge Riders Arena and Heritage Gardens) shall be between 5:00 a.m. and 10:00 p.m. of
any day.
B. Hours of operation for Galster Park and Heritage Gardens shall be between 6:30 a.m. and
9:00 p.m. of any day.
C. Hours of operation for Maverick Ballfield and Ridge Riders Arena shall be between 6:30
a.m. and 10:00 p.m. of any day; consistent with the Park Master Plan allowing park lights
to remain on until 10:00 p.m.
3. Securing of Restroom Facilities
It is recommended that a set time for opening and closing of restroom facilities be established at
6:00 p.m., except during the months of May, June, July and August, at which time the restroom
facilities will remain open until 7:00 p.m. Normally, at the end of each day, Maintenance
personnel lock the restroom facilities at all parks. However, staff will not lock the restrooms if
there is an organized sporting event taking place at the park. The sports league or group using
the field is then responsible for locking and securing the restroom facilities. League
representatives accept this responsibility and have signed a form to receive said key. (EXHIBIT
I — Key Check -Out Agreement.). Currently this responsibility is assumed by the sports leagues
based on a verbal understanding. It is recommended that a provision be included in the Facility
Use Agreements which the sports leagues sign as their commitment in written form.
5
0 •
PARK SIGNAGE:
There is excessive signage at many of the city's parks and this takes away from the appearance of these
parks.
At times the signage provides conflicting or unclear information, or refers to municipal code sections
that no longer exist.
It is recommended that all existing signage displaying park hours of operation be replaced and brought
up to date.
It is also recommended that a general Park Rules and Hours sign be developed and posted to eliminate
superfluous and outdated signage at most city parks. Below is an example of such signage:
PARK RULES AND HOURS
NO ALCOHOLIC BEVERAGES
NO LITTERING
NO LOOSE ANIMALS
NO FIREARMS
NO HORSES
NO GOLF
NO MOTOR DRIVEN VEHICLES ON TURF
OR WALK AREAS
PARK OPENS AT 5:00 AM
PARK CLOSES AT 10:00 PM
West Covina Municipal Code Section 16-18 and 16-19
There are certain parks and facilities, such as the ball fields and equestrian center at Maverick Park and
the skateboard park at Orangewood Park that have unique land uses and therefore require the
establishment of a respectively distinct set of usage rules. Staff should develop this signage in
coordination with Maintenance Division.
The following attachments are some examples of superfluous and outdated signage
EXHIBIT II.
Park Rules (A) sign states the various prohibited activities/uses and advises of the park hours.
The Municipal Code section that is invoked is not applicable; the sign should invoke Section 16-
18.
No Alcoholic Beverages sign is considered superfluous signage as the sign directly above it
clearly states alcoholic beverages are not permitted in the park.
Park Closed sign is also superfluous as the Park Rules sign states the park usage hours. This
sign is outdated as Municipal Code Section 4201C invoked ceased to exist in 1960.
2
2. EXHIBIT III.
Park Watch sign encourages public vigilance and encourages residents to report suspicious
activities to the Police Department. The telephone number provided is a current telephone
number for the West Covina Police Department. (This is a current sign and should remain
posted.)
Park Rules (B) sign states the various prohibited activities/uses, but this version of the sign does
not state park usage hours. The Municipal Code section that is invoked is not applicable; the
sign should invoke Section 16-18.
Grafti Reward sign offers a reward up to $1,000 to persons reporting graffiti. The sign is not
very legible. It is unclear whether this program continues to operate.
7
SPORTS LEAGUES USING PARK AT NIGHT
Previously Council Member Roger Hernandez expressed concern regarding a potential adverse impact
on sports leagues that may use the parks beyond the proposed hours of usage.
Section 16-27 of the West Covina Municipal Code states the intent of the code is not to prohibit persons
from engaging in organized recreation activities conducted and scheduled by the city, nor to prohibit the
city from conducting such activities.
In response to Council Member Hernandez' concerns, a provision has been added to the proposed
Ordinance (Section 16-19) stating that it is unlawful for any person to remain, stay or loiter in a municipal
park beyond the hours of operation unless such person or entity is so authorized by a special permit
issued by the Department of Community Services.
Each sports league is currently required to enter into a Facility Use Agreement, a sample of which is
attached hereto as EXHIBIT IV. The Facility Use Agreement serves as the special permit for use of the
fields and has the flexibility to allow the leagues to hold games past 10 p.m. if the specific park does not
have lighting restrictions.
A provision will be added to all future Facility Use Agreements designating the sport league's
responsibility to secure and lock park restroom facilities after a night game. This responsibility is
currently only a verbal understanding with the leagues.
Below is a list of the sports leagues which are authorized to use city parks for their sporting events and
pursuant to specific facility use agreements. Pursuant to these agreements, sports leagues are able to
hold night games as long as they abide by the specific lighting restrictions for their respective parks
(Example: Cameron Park requires lights be turn off by 9:00 p.m. according to the Park Master Plan).
PARK
SPORTS LEAGUE
Cameron Park
West Covina Softball League
Cortez Park .
American Little League
Del Norte Park
National Little League
Edgewood Middle School
Middle School Students
Friendship Park
Galaxy Little League
Orangewood Park
West Covina Pony and Colt
Orangewood Park — Sunset
Field
Orangewood Little League
Palm View Park
Pacific Coast Little League
Shadow Oak Park
San Jose Little League
Walmerado Park
West Covina Youth Pony League
Maverick Ball Field
West Covina Dukes
So Cal Nitros Sports League
National Adult Baseball Association
Bishop Amat High School
South Hill High School
N.
COMPLAINTS RECEIVED REGARDING PARKS FACILITIES
A. Cameron Park: Neighbors complain when lights stay on past 9:00 p.m. in addition to impacts on
traffic flow for the surrounding neighborhood.
B. Del Norte Park: There is an age restriction for field usage. Neighbors are sensitive to older kids
using the ball field; who can hit the ball further distances onto private property.
C. Ridge Riders Arena: Complaints have been received regarding baseballs originating from the
adjoining ball field landing or being hit into the horse stable area. In the past, complaints have
also been received of rock throwing and kids trespassing onto private property to retrieve lost
baseballs.
D. Orangewood Park: Complaints have been received regarding minors loitering in the skate park
after 10:00 p.m.
E. Galster Park: Complaints received regarding loitering after park closure.
0
•
INTERVIEWS
In the compilation of this report, interviews were conducted with the following individuals:
Andrew Pasmant, City Manager
Steve Samaniego, Director of Community Services
Scott Smilowitz, Community Services Manager
Lyndel Morgan, Community Services Manager
Adrian Reynosa, Community Services Supervisor
Sherri Yuasa, Community Services Coordinator
Kelly McDonald, Administrative Analyst
Mark Dettor, Police Lieutenant
Jeff Anderson, Principal Planner
Shannon Yauchzee, Director of Public Works
Teresa Ascarate, Deputy City Attorney
10
it
City of West Covina
Community Services Department
Key Check -Out Agreement
Key #
Description
Return
Date
Recipient
Signature
Staff
Initial
The above keys have been issued to
Address:
for the purpose of
City/Zip:
Day Phone: Evening Phone: Other:
I am aware the keys issued to me are not to be transferred nor duplicated and I assume full responsibility for them. I
understand any City key(s) in my possession must be relinquished by me upon request of City staff. If my keys become
lost or stolen, I understand that it is my responsibility to notify the Community Services Department as soon as possible,
and replacement costs will be billed to me including any additional charges that may occur for re -keying the facility.
Recipient Signature
Staff Signature
Date
�� �� • EXHIBIT IV
WEST COMA -
Facility Use Agreement
Between the City of West Covina, and Said Organizations/Leagues
This Agreement, made and entered into this month -day -year, to the month -day year by
and.between the City of West Covina, a municipal corporation duly organized and existing under
the laws of the State of California, hereinafter referred to as City and Youth Organization,
hereinafter referred to as Organization.
WITNESSTH:
WHEREAS, it is the City's desire to serve the public interest of the community by
providing a program of organized youth sports; and
WHEREAS, the goal and purpose of the Organization is to provide a sports program to
the youth of the community;
In consideration of the mutual covenants and conditions contained herein, the parties do
hereby agree as follows:
1. TERMS OF AGREEMENT. The City of West Covina grants Youth Organization the
right to use City Park, for a period of time, commencing month -day -year, and terminating
month -day -year. This agreement may be terminated at any time by either party giving to the
other party at least fifteen (15) days written notice of termination. The City may renew this
Agreement annually; if the Organization operates, the facility designated below in conformance
with all laws and regulations applicable thereto.
2. USE OF FACILITY. The Organization shall have the right to Subject Facility as
described in the Facility Use Form at hereinafter Subject Facility.
No user group will be given approval until the following documents are submitted:
■ Facility Use Form
■ Complete list of names, addresses and telephone numbers of the current Board of
Directors (if applicable).
■ Master Calendar of events to include: Registration dates, tryouts (date, time,
place), team selection date, number of teams, practice schedule, date practice
begins, opening day, league begin date, league end date, and postseason dates.
• West Covina based non-profit organizations scheduling seasonal use of facilities
are required to submit a full listing of all participants by team. The listing should
include the name of each participant, address, city of residence, city of
participant's work or school and phone number.
■ One copy of the Certificate of Insurance listing the City of West Covina as
additionally insured with one copy endorsed (w/policy verbiage from agency).
■ All deposits and fees as required.
All documents and appropriate fees must be submitted at least two weeks in advance of the
requested date(s) of use of the Subject Facility.te- . If documents and/or fees are not
submitted, the City may withhold use of fields, or grant other usage.
3. RESPONSIBILITY FOR ACTIVITES. The Organization shall provide the
personnel necessary to supervise and conduct the activities as set forth in this Agreement at the
subject facility, and shall furnish and supply all equipment and materials, which may be
necessary for such activities conducted at the subject facility. Athletic field lining and marking -
all lining and marking of athletic fields must b e d one w ith p rior approval o f t he C ommunity
Services Department. Any use failing to comply with established guidelines and notification is
subject to invoicing for all damages occurring to fields and termination of facility use permit.
4. RESPONSIBILITY FOR SAID LEAGUES/ORGANIZATIONS.
■ League agrees to observe all rules and regulations as set forth in this Agreement.
■ Modifications to Park Fields and Facilities — The removal, alteration, painting or addition
to a ny f acility o r g rounds, a nd c onstruction o f a ny k ind t o e xisting s tructures in ust b e
approved by the City of West Covina. This includes any proposed changes altering
design or appearance of the existing landscape of demised premises. No trees, shrubs, or
ground c overs s hall b e p lanted, t rimmed o r r emoved without written consent from the
City of West Covina. Any requests to modify or improve park fields and West Covina
facilities shall be submitted for approval to the Community Services Department, at least
sixty (60) days prior to the date for any proposed changes.
■ League agrees to erect no fences or advertising matter of any kind o n S chool D istrict
property.
■ Closure of Fields — Fields may be scheduled for closure and rehabilitation to allow for
recovery due to heavy usage. The dates and times of closure are to be determined by the
Community Services Department and Public Works Department.
■ There will be no use of City athletic fields when facilities are unplayable due to rain or
other conditions. Any user failing to comply with a decision to postpone use is subject to
invoicing for all damages occurring to the field and termination of facility use permit.
■ No altering of sprinklers without authorization from City of West Covina Maintenance
Division.
■ Any damages to Field areas or Facilities caused by Leagues, will be the Leagues
responsibility to replace or repair.
■ All locks must be standard City of West Covina Locks and must not be replaced by any
other lock.
■ All leagues are responsible for cleaning areas used, including daily trash produced by
league.
■ Leagues are responsible for controlling their players and parents while using the facility.
■ Any violation of this Agreement by a league using said Facility, shall lose their privilege
and use of said Facility.
5. LEGAL RESPONSIBILITES. The Organization shall keep itself informed of City, State
and Federal Laws, ordinances and regulations, which in any manner affect the performance of its
activities pursuant to this Agreement. The Organization shall at all times observe and comply
with all laws, ordinances and regulations. Neither the City or its officers, volunteers, attorney'-s,
•
agents or employees shall be liable at law or in equity as a result of the Organization's failure to
comply with this section.
6. USE OF PREMISES. The Organization shall not permit the subject Facility or any part
thereof to be used for:
■ The conduct of any offensive, noisy or -dangerous activity.
■ The creation or maintenance of a public nuisance.
■ Anything, which fails to comply with public regulations or rules of any public authority
at any time applicable to the subject facility; or
■ Any purpose or in any manner which will obstruct, interfere with or infringe upon the
rights of the residents of adjoining properties.
7. EXCLUSIVE RIGHT. This Agreement does not give the Organization any right to the
exclusive use of the subject facility, restrooms, or any other public facility. The League agrees
that the rights herein granted shall not be assigned to or transferred to any persons, teams, or
other leagues.
8. MAINTENANCE. The Organization shall at all times during the term of this
Agreement or any extensions of renewals thereof, at its own cost and sole expense, maintain the
subject facility and all portions thereof, and all surrounding areas in good order, repair, and safe
and clean conditions as they are in the date of commencement of the Agreement, reasonable
wear and tear expected. The subject facility shall be maintained in the same or better condition as
found before the Organization's use, i.e. free of all trash, rubbish and debris. The Organization
shall be responsible for all damages or injury to property or equipment caused by the
Organization, its agents, employees and/or participants. All maintenance such as field
preparation, lining of the fields, marking of the fields and set up of temporary equipment will be
performed by user assigned to the facility with prior approval of the Community Services
Department. Each user is responsible for the facility being free of trash or debris caused by group
usage upon conclusion of each days use. Users are required to report any damage or acts of
vandalism to the Community Services Department immediately.
9. INSPECTION. The City shall have the right to enter the subject facility utilized hereunder
as needed.
10. IMPROVEMENTS. The removal, alteration, or addition to any facility or grounds and
construction of any kind to existing structures must be approved and performed by the City. This
shall include any proposed changes that would alter the design or appearance of the existing
landscape of said facilities. No trees, shrubs, or ground covers shall be planted, trimmed or
removed without written consent from the City.
Furthermore, all requests for removal, alteration, or addition to any facility or grounds or
for the construction and painting of any kind to existing structures must be submitted to the City
for consideration and review at least sixty (60) days prior to the date any proposed change(s) is
needed.
Assistance by the Organization, its agents, employees, or its participants with any such
removal, alteration, addition, painting or construction shall be solely at the discretion and with
prior written consent of the City.
Nothing in this section shall be interpreted as prohibiting the normal maintenance of the
facility by the Organization as specified in Section 8.
All alterations and additions to any facility or grounds and all construction of any kind to
existing structures shall become the property of the City.
11. TITLE TO IMPROVEMENTS. All alterations and additions to the subject facility
or surrounding grounds and all constructions of any kind to existing structure of the subject
facility shall become the property of the City upon expiration of this Agreement. Nothing
contained in this paragraph shall authorize the Organization to make or place any alterations,
changes or improvements on the subject facility without the prior written consent of the City.
12. SIGNS. No signs shall be erected or displayed on the subject facility described herein
unless written approval is obtained from the City. Such a request for approval shall be directed to
the Community Services Manager. No sponsor advertising sign shall be installed on buildings or
grounds without the prior written consent of the City.
13. NOTICE. Whenever it shall be necessary for either party to serve the other party
respecting this Agreement, such notice shall be served by registered mail, postage prepaid,
addressed as follows:
A) City of West Covina
Attn: Recreation Division
1444 West Garvey Avenue
West Covina, CA 91790
B) - Organization
Attention:
Notice shall be deemed to have been served seventy-two (72) hours after the same has been
deposited in the U.S. Postal Service.
14. ATTORNEY'S FEES. Should any litigation be commenced between the parties hereto
interpret or enforce the provisions of this Agreement, the prevailing party in such litigation shall
be entitled to recover costs and reasonable sum as attorney's fees, in addition to any relief to
which the party may be entitled in law or equity.
15. GOVERNING LAW. This agreement will be governed by and constructed in accordance
with the laws of the State of California.
0
0
16. ASSIGNMENT. Neither this Agreement nor any duties, rights or obligations under
this Agreement may be assigned by Organization, either voluntarily or by operation of law.
17. LIABILITY INSURANCE. Throughout the term of the facility use agreement, and at
the user's own cost and expense, user must separately maintain policies of. insurance affording
general comprehensive liability coverage with a combined single limit of one million dollars
($1,000,000.00) for personal injury to any one person, or multiple injuries arising out of any one
occurrence. In addition, user shall separately provide property damage liability insurance with a
combined single limit of one million dollars ($1,000,000.00). Before commencement of
Agreement, user shall separately rovide to the City of West Covina a Certificate of Evidence of
said insurance, which shall contain an endorsement. Without limiting the Organization 's
indemnification, the Organization shall secure from a good and responsible company doing
insurance business in the State of California, pay for, and maintain in force and effect for the
duration of this Agreement a policy of comprehensive General Liability Insurance with the
Organization. In addition, the Organization shall furnish a copy of the policy to the Community
Services Department before execution of this Agreement by the City. Notwithstanding any
inconsistent statement in the policy or any subsequent endorsement attached thereto, the
protection offered by the policy shall:
■ Include the City and School Districts (as applicable), as the insured or named as
additional insured.
■ Insure the City and its officers, attorneys, employees and agents while acting
within the scope of their duties under this Agreement against all claims arising out
of, or in connection with, the Agreement.
■ Bear an endorsement or shall have a rider attached providing that, in the event of
expiration or proposed cancellation of such policy for any reason whatsoever, the
City shall be notified by registered mail, postage prepaid, return receipt requested,
not less than thirty (30) days before such expiration or cancellation is effective.
The Organization s hall also p rovide, i f required t o d o so by the Labor Code, a Certificate of
Evidence of Worker's Compensation Insurance providing that such insurance may not be
amended, c ancelled or otherwise modified for any reason whatsoever without thirty (30) days
prior written n otice b y r egistered in ail, p ostage p repaid, r eturn r eceipt r equested o f c hange o r
cancellation mailed to:
City of West Covina
Attn: Recreation Services Division
1444 West Garvey Avenue
West Covina, CA 91790
The Certificate shall include an endorsement waiving subrogation against City.
18. INDEMNIFICATION CLAUSE. Organization shall indemnify, defend and protect
and -the City, its agents, officers, employees, volunteers and attorneys harmless from and against
any claims, loss, liability or expense, including reasonable attorney's fees, court costs, and
necessary disbursements, for any damages whatsoever, including but not limited to, bodily injury
death, or injury to property, arising or alleged to arise from any act or omission of the
Organization, its agents officers, or employees in the performance or non-performance of this
Agreement.
0 •
19. INDEPENDENT CONTRACTOR Employees and/or volunteers of organizations
entering into this agreement shall not be considered or deemed employees of the City.
i
20. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supercedes all
agreements, either oral or written, between the parties hereto with respect to the use of the
subject facility by the Organization and contains all of the covenants and conditions between the
parties with respect to the use of the subject facility. Each party to this Agreement acknowledges
that no representations, inducements, promises or agreement, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein, and
that no other agreement, statement, or promise not contained in this Agreement will be effective
only if it is in writing signed by the party to be charges.
League Representative Community Services Supervisor
Date
Date
x
Name of Park
League Representative(s)
Address
Home Phone Number
Reservation Date(s) From:
Facility Use Application
City of West Covina -Recreation Services Division
Street
Name of League/Organization
City
Business Phone Number
Date:
Zip
Cel/Pager#
Day
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Times
to
to
to
to
to
to
to
Use
P/G
P/G
P/G
P/G
P/G
P/G
P/G
,r—tvractice. c,=vame
Field(s) Requested:
Purpose of Use:
Facility Approval Subject to the following Conditions:
1. Copy of Liability Insurance on File. 4. No Alcoholic Beverages.
2. Copy of League Rosters. 5. Must Clean Facility.
3. Appropriate Fees Paid. 6. Use of own Equipment.
I have read the rules and regulations pertaining to the reserved use of park sites and facilities and will be present and
responsible for their enforcement. I hereby agree that I, and the organization I represent, shall hold the City of West
Covina and all of its agents or employees free and harmless from any liability or damage which may arise from use
of City facilities.
Signature Date
FOR CITY USE ONLY— PLEASE DO NOT WRITE BELOW THIS LINE
Application Approved: Application Denied:
Field(s) Allocated:
Comments:
Security/Key Deposit: $ Date: Liability Insurance on File: Y or N
Approved By: Date:
February 1, 2005
WEST COVINA MUNICIPAL PARKS
Specific Restrictions
Public
Park
Parking
Gated
Address
Lighting
Lighting
Tournaments/
Restrictions
Entrance
System
Restrictions
Days of Use
Special Events
Restrictions
Aroma Parkette
California Parkette
Cameron Park
Moebeck/Dawley/Avi
ngton
Lights Out
Jan — Jul / Mon — Sat.
By Permit Only
By 9 pm
Aug — Dec / Mon — Thur.
Cameron Community Center
Cortez Park
and West Covina Senior Center
Not Permitted
After 8 pm
Lights Out
By 9 pm
No Restricted Usage
2 Tournaments each year
Del Norte
Not Permitted
Lights Out
No Restricted Usage
After 8 pm
By 9 pm
Edgewood M/Schl.
(Municipal Pool)
Lights Out
By 11 pm
No Restricted Usage
Night Games
Friendship
None
No Restricted Usage
Galster
GATED
Entrance
Gingrich
Heritage Gardens
GATED
Historical Site
Entrance
Maverick Ball Field -
GATED
Lights Out
Monday —Saturday
and Ridge Riders Arena
Entrance
By 10 pm
Orangewood Park and Skate Park
None
No Restricted Usage
Night Games
Palm View Park
Not Permitted
Lights Out
Monday — Saturday
and Day Care Center
After 8 pm
By 9 pm
Shadow Oak Park and Center
None
No Restricted Usage
Walmerado
None
No Restricted Usage
Night Games
West Covina Civic Center
Woodgrove
Parking By PERMIT
PEDESTRIAN
ONLY
PARK
L�
•