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Res 17-073RESOLUTION NO. 17-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE COMMUNITY SERVICES DEPARTMENT PROGRAMMING AND FACILITY USE FEE POLICY AND REPEALING RESOLUTION NO. 14-018 WHEREAS, fees for the use of Community Services Facilities have been established in the Master Fee Schedule to provide for the recovery of operation and maintenance costs associated with said facilities; WHEREAS, on April 15, 2014, the City Council adopted Resolution No. 14-018 Establishing the Community Services Department Programming and Facility Use Fee Policy; WHEREAS, it is necessary from time to time to update the policy to improve operation of the facilities and to provide for the recovery of operational and maintenance costs associated with the use of the facilities; and WHEREAS changes to the policy are recommended to clarify permit requirements, improve cost recovery, and maximize facility use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That certain Community Services Department Programming and Facility Use Fee Policy (the "Policy"), presented at this meeting and as set forth in Exhibit "A", attached hereto, to this Resolution, is hereby approved and adopted by the City Council without including the language deleted by strikeout and without including underscoring where it is solely used to reflect new text added by this Resolution, and shall be effective immediately. Section 2: Resolution 14-018 is hereby repealed, rescinded, and of no further force and effect. Resolution No. 17-073 Page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a regular meeting this 21st day of November 2017. `Steve Vaus, Mayor ATTEST: a cy a eld, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-073 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of November 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nancy eu eld, MC, City Clerk City of Poway Resolution No. 17-073 Page 3 Exhibit A Community Services Department Programming and Facility Use Fee Policy SECTION 1 GENERAL POLICY 1.1 Rules for use of City of Poway Community Services Facilities under the jurisdiction of the Community Services Department (hereinafter referred to as "facility/facilities"), including, parks, recreation facilities, cultural facilities, public trails, and (for the purposes of this policy) City Hall Council Chambers, are contained in the City of Poway Community Services Department Facility Use Rules and Regulations Policy as authorized by the City Council, hereinafter referred to as "Facility Use Rules and Regulations". 1.2 Fees established within the Master Fee Schedule are commensurate with, and have been determined to reasonably relate to, the costs associated with provision of the facilities including, but not limited to: maintenance, staff, promotion, and improvements. 1.3 Permission to reserve a facility is granted by permit only, and users must be responsible for payment of all fees and conditions contained within this policy, compliance with the Facility Use Rules and Regulations, rules posted at the facility, and the Poway Municipal Code. 1.4 Permittee must observe all City, County, State and Federal ordinances, laws, rules or regulations. Permits may be revoked by the Community Services site employee for violation of any applicable ordinances, laws, rules, and regulations. 1.5 Permits issued by the Community Services Department may not be subleased. Reservation of facilities by Poway nonprofit organizations, businesses, or residents on behalf of nonprofit organizations, businesses, or residents located outside of the Poway City Limits is not allowed, and may forfeit future use of facilities. 1.6 The Director of Community Services shall have the sole authority to reduce or waive fees when deemed appropriate and legally permissible. 1.7 Advance reservation is subject to the limitations as provided in the Facility Use Rules and Regulations. SECTION 2 CLASSIFICATION AND PRIORITY OF FACILITY USE APPLICANTS 2.1 CLASSIFICATION OF APPLICANTS - Each Facility Use application will be reviewed and classified into a group depending on the type of organization and the intended use of the facilities. This policy distinguishes between nonprofit organization facility use for regular meetings, and nonprofit organization facility use for a function (special event, fundraiser, ceremony). If demand exceeds the supply of available Resolution No. 17-073 Page 4 facilities, a priority classification system for use is established. User classifications are listed in order of priority with Category A first, Category B second, and so on: Category A: City of Poway; Poway Unified School District (PUSD) and their school Foundations Category B: PUSD schools (Parent Teacher Student Association (PTSA) Extended Student Services (ESS), boosters, and clubs) Poway Nonprofit Organization located in Poway City Limits—Meeting only Public Agencies * Poway Sports Association (PSA) -Meeting only Category C: Poway Nonprofit Organization located in Poway City Limits -Function Poway Sports Association (PSA) -Function** Poway Chamber of Commerce Category D: Individual residing in Poway City Limits Category E: Business located in Poway City Limits Nonprofit located Outside of Poway City Limits Category F: Individual residing outside of Poway City Limits Business located outside of Poway City Limits *At the discretion of the Director of Community Services, a public agency located outside of Poway City Limits may be categorized as "A" when the rental purpose directly benefits the City of Poway. ** Field and Lighting Use Fees for PSA groups are discounted per the PSA Manual. 2.2 POWAY- A Poway individual, organization, school or business must be located within the Poway City Limits, and have a Poway street address. Proof of residency is required. 2.3 NONPROFIT ORGANIZATION - An organization must submit one of the following documents as proof of its nonprofit/non-commercial status: A. Federal confirmation of a 501(c)(3) or 501(c)(7) status (e.g., a "determination letter" from the IRS), or B. State confirmation, to include the State -issued organization number (e.g., a "determination letter" from the Franchise Tax Board), or C. Articles of Incorporation or Constitution and By -Laws that clearly state that the objective of the organization is of a nonprofit, non- commercial nature. 2.4 POWAY NONPROFIT ORGANIZATION - A Poway Nonprofit must meet the criteria for a Nonprofit Organization described in Section 2.3, and it must show that it is a Poway Chapter located within the Poway City Limits. 2.5 CITY PRIORITY - City of Poway and Community Services Department activities have first priority for the use of facilities. The City retains the right to cancel approved Resolution No. 17-073 Page 5 Facility Use Permits in order to accommodate City needs. 2.6 POWAY CENTER FOR THE PERFORMING ARTS PRIORITY - Priority for use of the Poway Center for the Performing Arts (PCPA) is established in the Poway Center for the Performing Arts Use Policy. Each application will be reviewed by the Community Services Director and/or designated staff and, for the purpose of assessing fees according to the Facility Use Fee Schedule, classified into a group depending on the type of organization. Nonprofit, non-commercial and governmental entities shall be classified as "PCPA-A," and for-profit commercial and all other entities classified as "PCPA-B." 2.7 SPORTS LEAGUES - The Community Services Department shall establish priority in scheduling fields to meet the greatest need for recreation youth sports organizations in the City of Poway, as provided in the Facility Use Rules and Regulations, and the Poway Sports Association (PSA) manual. SECTION 3 FEES AND PAYMENT 3.1 USE FEES - are "per -use" and charged according to the City's Master Fee Schedule (hereinafter referred to as "Fee Schedule"). 3.2 RATES - are "per -hour" unless otherwise authorized. 3.3 RENTAL MINIMUM - There is a two (2) hour minimum charge for the use of facilities, except the Poway Center for the Performing Arts, which has a &w six (56) hour minimum charge. 3.4 RENTAL PACKAGE - The Director may establish rental packages for the use of specific facilities for a certain number of hours (e.g., wedding/event package) including discounts for rental blocks. 3.5 PROCESSING FEE - A nonrefundable processing fee will be charged according to the Fee Schedule for each facility use application filed, and is due when the application is submitted. 3.6 RENTAL DEPOSIT - A Rental Deposit contained in the Fee Schedule is due upon application for the PCPA and for rental packages. The rental deposit less any applicable fees will be refunded to the applicant within twenty-one (21) days after the rental date. 3.7 CLEANING/DAMAGE DEPOSIT - A Cleaning/Damage Deposit contained in the Fee Schedule is due when the application is submitted. The deposit or portion thereof may be retained in accordance with the conditions provided in this policy and the Facility Use Rules and Regulations. Any remaining deposit will be refunded to the permittee within twenty-one (21) days after the rental date. Resolution No. 17-073 Page 6 3.8 STAFF SERVICE FEES — Fees for services provided by the Community Services staff will charged for use of the facilities are according to the Fee Schedule as follows: A. Poway Center for the Performing Arts: theatre technician service fees contained in the Facility Use Fee Schedule are payable at Level 1 when work does not exceed eight (8) hours per day, and Level 2 for work in excess of eight (8) hours per day. Staff Service Fees are due within ten (10) days after billing. B. All other facilities: for use during hours when the facility is not regularly available for rental as provided in the Facility Use Rules and Regulations, Staff Service Fees covering the reserved time are due fourteen (14) days prior to rental date. 3.9 CANCELLATION FEES — Should the applicant cancel the use of facilities a cancellation fee will be charged, as contained in the Fee Schedule, and will be assessed as follows: A. Poway Center for the Performing Arts and rental packages — assessed to the Rental Deposit if canceled less than sixty (60) days in advance. B. Swim Center — assessed to the Cleaning/Damage Deposit if canceled less than fourteen (14) days in advance. C. Sports Fields — as defined in the Poway Sports Association (PSA) Manual. D. All other facilities — assessed to the Cleaning/Damage Deposit if canceled less than fourteen (14) days in advance. E. Recreation Programming — assessed to the program registration refund. If the program is canceled or overbooked by the City of Poway and/or the independent contract instructor, no fee will be assessed. 3.10 GROUP LIABILITY INSURANCE FEES— Insurance coverage shall be required for all users of facilities as specified in Facility Use Rules and Regulations, and proof of required insurance is due fourteen (14) days prior to rental date. Permitee shall provide a Certificate of Insurance with a separate Endorsement page naming the City of Poway as additionally insured, or purchase City -provided insurance, the rates for which are established by the Joint Powers Insurance Agency. 3.11 ALCOHOL PERMIT -INSURANCE FEES - As established by the Joint Powers Insurance Agency alcohol perms -insurance fees are per -use and required when alcohol is served and GGnsumed by parties ether than solely by the permiteewill be present at the event. The Alcohol Permit Insurance Fee is due when the final payment is due. 3.12 CONTRACT CLASS FEES - Fees for classes taught by a contract instructor shall be determined in accordance with the City of Poway Contract Instructor Policies and Procedures. 3.13 CITY -OPERATED PROGRAMMING FEES- Fees for City -operated programming Resolution No. 17-073 Page 7 will be charged according to the Fee Schedule. 3.14 ADDITION OF LIKE FEES - In the event that a service is required and the fee is not set forth in the Fee Schedule, the Director of Community Services may determine fees associated with facilities or programs added to the jurisdiction of the Community Services Department in a manner that is consistent with existing facilities or programs. 3.15 PAYMENT TO CITY - Payment of fees is due as contained within this policy. Checks or money orders are to be made payable to: City of Poway. Applications will not be accepted from applicants with any outstanding balances past due. A. Park and Picnic Areas, and Air Bounce Permit: Full payment is due when the application is submitted. B. Other Facilities: Full payment of the applicable deposit is due when the application is submitted. Once the application is approved and a permit is issued, up to two changes may be made more than 14 days in advance of the rental date. Final payment of all fees is due 14 days prior to the rental date, at which point no further changes may be made. C. Rental Package: Full payment of the applicable deposit is due when the application is submitted. Once the application is approved and a permit is issued, payment must be paid in full 60 days in advance. Up to two changes may be made more than 30 days in advance of the rental date. No further changes may be made less than 30 days in advance of the rental date. 3.16 REFUNDS - A. Facility Rentals: 1. Refunds, less applicable cancellation fees, will be made to the permitee within twenty-one (21) days after the cancellation date. 2. A rental may be rescheduled to a different location or date in anticipation of inclement weather provided the re -scheduled date and venue are available for use; however, cancellation fees shall apply to refunds requested in anticipation of inclement weather. 3. Refunds are not granted to rental clients on or after a rental date. B. Recreation Programming: 1. A full refund will be issued for all classes canceled or overbooked by the City of Poway and/or the independent contract instructor. 2. Prior to the first day of class: Resolution No. 17-073 Page 8 a. Customer may request a refund prior to the start date. A cancellation fee as contained in the Fee Schedule will be deducted. b. In lieu of a refund, customer may request a full credit to be placed on account. The credit on account will be valid for one year and may be applied to another enrollment or reservation. If the credit is not used after one year, the funds will be forfeited and the customer's account will be cleared. 3. Except as otherwise provided in this policy, if a registrant fails to attend a program after it begins, the registrant is not entitled to a refund. 4. After the first day of class: a. Requests for refunds will only be granted if the slot can be filled by another customer on a waiting list. If that slot can be filled, the refund will be prorated and the cancellation fee will be deducted. b. Requests for refunds for classes, camps, or programs with enrollment fees that are less than the cancellation fee established in the Fee Schedule will automatically be given as credit on account. 5. Exceptions may be authorized by the Director of Community Services. A doctor's note or written request describing the extenuating circumstances must be submitted to the Community Services Department. SECTION 4 PARKING AT LAKE POWAY Residents of the City of Poway are not charged to park at Lake Poway. Residents may obtain a Resident Permit at the Lake Poway entry station or the Community Services Department during operating hours upon submission of government -issued identification showing Poway residency. Vehicles belonging to nonresidents are assessed the parking fee as provided in the Fee Schedule during such times of the year that parking fees are charged. A. Special Considerations: 1. Parking fees for nonresident employees attending a permitted event held by a business located within the limits of the City of Poway shall be established in the Fee Schedule. 2. Persons in possession of a valid fishing permit are not required to pay for parking. 3. Parking fees are waived for those in possession of a current active -duty Armed Forces identification card. SECTION 5 CHANGES TO THE POLICY Resolution No. 17-073 Page 9 Changes to existing law by applicable government agencies that affect this policy shall be included as necessary, in addition to applicable resolutions of the Poway City Council. If any section, subsection, sentence, clause, phrase, part, or portion of this policy is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this policy. It is hereby declared that this policy and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.