Res 05-098
RESOLUTION NO. 05-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING THE COMMUNITY
SERVICES DEPARTMENT FACILITY USE FEE POLICY FOR
USE OF CITY OF POWAY COMMUNITY SERVICES
DEPARTMENT FACILITIES RESCINDING RESOLUTIONS NO.
93-095,94-126,97-042,98-076,98-087,01-064
WHEREAS, fees for the use of City of Poway park, recreation, and cultural facilities
have been established to provide for the recovery of operational and maintenance costs
associated with said facilities; and
WHEREAS, it is necessary from time to time to update the fees charged for use of
City of Poway Community Services facilities; and
WHEREAS, in no case do any of the revised fees exceed the reasonable cost of
providing the facility or service; and
WHEREAS, a provision within the Community Services Department Facility Use Fee
Policy that permits the Director of Community Services to increase fees at a level no greater
than the Consumer Price Index for the County of San Diego provides a mechanism to
ensure consistent and appropriate recovery for all Community Services facilities; and
WHEREAS, the development of a Community Services Department Facility Use Fee
Policy, which can be amended or added to in part by a Resolution or Ordinance of the City
Council of the City of Poway provides greater continuity and efficiency in the assessment
and collection of these fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. The Community Services Department Facility Use Fee Policy for the use of
Community Services facilities be adopted; and
2. The Director of Community Services is authorized to implement portions of the fee
schedule pertaining the Poway Center of the Performing Arts ticketing fees
effective January 1, 2006, with all other fees effective July 1, 2006 and;
3. Resolutions 93-095, 94-126, 97-042, 98-076, 98-087, 01-064 are hereby
rescinded.
Resolution No. 05- 098
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Po ayat
a regular meeting this 6th day of December 2005.
ff{k~
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 05- 098 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of December 2005, and
that it was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
~~
City of Poway
CITY OF POWAY
COMMUNITY SERVICES DEPARTMENT
FACILITY USE FEE POLICY
SECTION 1 GENERAL POLICY
1.1 Rules for use of City of Poway parks, buildings and facilities under the jurisdiction
of the Community Services Department are contained in the Facility Use Rules
and Regulations Policy as authorized by the City Council.
1.2 Fees established within this policy are commensurate with the costs associated
with provision of the facilities, including but not limited to, maintenance, staff,
promotion, and improvements.
1.3 Permission to use a building is granted by permit only and users are subject to
observance of all City regulations. Permits may be revoked for violation of any
City regulation by onsite City staff.
1.4 Permittee is responsible for payment of all fees and conditions contained within
this policy, the Facility Use Rules and Regulations Policy, rules posted at the
facility, and the Poway Municipal Code.
1.5 Permits issued by the Community Services Department may not be subleased
without written authorization by the Director or his/her designee. Subleasing or
reserving facilities on behalf of nonresident groups, companies or individuals by
resident groups, companies or individuals will forfeit future use of said facility.
1.6 The Director of Community Services shall have the sole authority to reduce or
waive fees, or provide fee waivers in the form of "coupons" when deemed
appropriate. .
SECTION 2 CLASSIFICATION OF APPLICANTS AND FEES
2.1 City of Poway (includes the Sheriffs Department) and Community Services
Department activities have first priority for the use of the facilities. City retains
the right to cancel approved Facility Use Permits in order to accommodate City
needs.
2.2 For all Community Services facilities with the exception of the Poway Center for
the Performing Arts, each application will be reviewed by the Community
Services Manager, and/or designated staff and classified into a group depending
EXHIBIT A
Community Services Department
Facility Use Fee Policy
Page 2
on the type of organization and the intended use. The classifications are listed in
order of priority with classification "A" first, classification "B" second, and so on.
2.3 Priority for use of the Poway Center for the Performing Arts is established in the
Poway Center for the Performing Arts Use Policy. Each application will be
reviewed by the Community Services Manager, 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. Not-for-profit, non-
commercial and governmental entities shall be classified as "PCPA - A," and for-
profit, commercial and all other entities classified as "PCPA - B."
2.4 The City attempts to accommodate all groups, however, there are a limited
number of facilities. Unfortunately, the demand exceeds the supply, and for that
reason, for all users other than the City of Poway, which has first priority under all
circumstances, a priority system for use has been established. Permitees shall
be categorized according to type of organization and residency status and shall
pay fees according to the level stated in the Classification Schedule that is
contained within this policy.
2.5 In order to qualify as a resident nonprofit user, the organization must submit at
least one of the following documents as proof of the Organization's nonprofIt/non-
commercial nature:
Federal confirmation of a 501 (c)3 or 501 (c)7 status, or
State confirmation, to include the State-issued organization number (an
updated copy will be required by October first of each year), or
2.6 Advance reservation is subject to the limitations as provided in the Facility Use
Rules and Regulations Policy.
SECTION 3 FEES
3.1 USE FEES are per use and charged according to the Facility Use Fee Schedule
contained within this policy. Use fees are due fourteen (14) days prior to the
rental date. There is a two (2) hour minimum for the use of facilities, parks, and
meeting rooms, except the Poway Center for the Performing Arts, which is five
(5) hours, and ball fields, which can be rented for one (1) hour.
3.2 APPLICATION FEE is charged for each application filed according to the Facility
Use Fee Schedule and is due upon application.
3.3 RENTAL DEPOSIT contained in the Facility Use Fee Schedule is due upon
application. Non-profit groups using facilities on a weekly, semi-monthly, or
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Facility Use Fee Policy
Page 3
monthly basis must pay on or before the first meeting of the month unless
otherwise approved by the Community Services Manager. Rental deposit less
any applicable fees will be refunded to the applicant within twenty-one (21) days
after the date of the facility use.
3.4 CLEANING/DAMAGE DEPOSIT contained in the Facility Use Fee Schedule is
due upon application. The deposit or portion thereof may be retained in
accordance with the conditions provided in the Facility Use Rules and
Regulations Policy. Any remaining deposit will be refunded to the permitee
within twenty-one (21) days after the date of the facility use applied for.
3.5 STAFF SERVICE FEES for use of Community Services facilities are charged
according to the Facility Use 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
Policy, Staff Service Fees covering the reserved time are due fourteen
(14) days prior to rental date.
3.6 CANCELLATION FEES as contained in the Facility Use Fee Schedule will be
assessed and/or deducted as follows:
A. Poway Center for the Performing Arts assessed to the Rental
Deposit if cancelled less than sixty (60) days in advance.
B. Swim Center assessed to the CleaninglDamage Deposit if
cancelled less than fourteen (14) days in advance.
C. Sports Fields is due within fourteen (14) days after billing if
cancelled less than twenty-four (24) hours in advance.
D. All other facilities assessed to the Cleaning/Damage Deposit if
cancelled less than fourteen (14) days in advance.
3.7 GROUP LIABILITY INSURANCE FEES as specified in Facility Use Rules and
Regulations Policy are due fourteen (14) days prior to rental date. Permitee shall
provide a certificate of insurance with a separate Endorsement page naming the
Community Services Department
Facility Use Fee Policy
Page 4
City of Poway as additionally insured, or purchase City-provided insurance, the
rates of which are established by the Joint Powers Insurance Agency.
3.8 ALCOHOL PERMIT FEES as established by the Joint Powers Insurance Agency
are per use and required when alcohol is served and consumed by parties other
than the permitee. The Alcohol Permit Fee is due upon application.
3.9 PAYMENT TO CITY. Fees are 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.
3.10 REFUNDS A processing fee as provided in the Facility Use Fee Schedule will be
charged for all for rentals cancelled prior to limitations as stated in section 3.6.
Refunds and will be deducted from the deposit. A check will be mailed to the
permitee within twenty-one (21) days after the rental date, less any fees owed to
the City.
3.11 RATES are "per-hour" unless otherwise noted.
3.12 PARKING AT LAKE POWAY. Residents of the City of Poway are not charged
to park at Lake Poway. Residents may obtain a Resident Permit from the Lake
Poway Administration Office upon submission of two forms of identification
showing Poway residency. Vehicles belonging to nonresidents entering the
parking lot that are not part of an approved organized event as described in this
section are assessed the parking fee as provided in the Facility Use Fee
Schedule during such times of the year that parking fees are charged.
A. SPECIAL CONSIDERATIONS
1. Parking fees for nonresidents attending a permitted event held by
service clubs or service organizations may be waived by the
Director or his/her designee when permitted use is for a charitable
cause directly benefiting the Poway community. The applicant
must specify the number of passes requested and make the
request in writing at least twenty-one (21) days prior to the rental
date. Upon approval, the Community Services Department will
issue parking passes to the applicant that are valid only on the day
of the function, to be distributed in advance by the organization to
nonresident group participants. Those not presenting a parking
pass at the park entrance must pay all fees applicable to general
nonresidents.
2. Parking passes for nonresident employees attending a permitted
event held by a business or for-profit company located within the
limits of the City of Poway may be purchased in advance and
Community Services Department
Facility Use Fee Policy
Page 5
distributed by the company to nonresident employees as provided
in the Facility Use Fee Schedule. Employees not presenting a
parking pass at the park entrance must pay all fees applicable to
general nonresidents. Parking passes must be purchased at least
seven (7) days prior to the event.
3.13 FEE ADJUSTMENTS. When deemed necessary and upon the approval of the
Director of Community Services, fees contained in the Facility Use Fee Schedule
may be adjusted on an annual basis at a rate not to exceed the accumulated
Consumer Price Index (CPI) for the County of San Diego for May of the prior
year to April of the current year for the number of years from the time of the last
increase, insofar as the rate adjustments do not exceed the costs associated with
provision of the facilities for use, including but not limited to, maintenance, staff,
promotion, and improvements. Fee adjustments, if made, shall take effect July 1
each year, rounded up or down to the nearest dollar, however the un-rounded
figure shall be used to calculate the next CPI adjustment. Should it be necessary
to adjust fees beyond the scope of this section, such approval shall be made by
the City Council.
3.14 ADDITION OF FACILITIES. The Director of Community Services may
determine fees associated with facilities added to the jurisdiction of the
Community Services Department in a manner that is consistent with its use and
consistent with similar facilities contained within this policy.
SECTION 4 CHANGES TO THE POLICY.
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, without a requirement that the entire policy be brought back to the City Council
at the time the addition or revision is presented for their approval.
SECTION 5 SEVERABILITY
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
anyone or more sections, sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional.
Community Services Department
Facility Use Fee Policy
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SECTION 6 SCHEDULES
Resident ~
Schedule A
Facility Use Fee Policy
User Classifications
PUSD
Official meetings and functions
Social Functions
All other public agencies
A Official meetings and functions <
B Social Functions
B
C
PUSD Poway-Iocated PTA's, clubs,
and Extended Student Services
Poway Chamber of Commerce
PUSD Unions
PTA(O)'s
C After school programs
C Chambers of Commerce
C Unions
F
F
F
F
Poway-Iocated non-profit, religious
and service organizations
Meetings (1 per week maximum)
Social or Fundraisin Functions
Non-Poway non-profrt,
service organizations
All uses
E
Poway Youth Sports Association
Leagues organized league play is
excluded from the classification
schedule. In-season and out-of
season fees are included on Schedule
8 - Facility Use Fees.
Individual rentals for team use C
Adult lea ues C
<At the discretion of the Director of Community Services or designee, nonresident Public
Agencies can be categorized as "A" when the rental purpose directly benefits the City of
Poway.
All other sports teams and leagues
All uses
F