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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 Resolutions 93-095, 94-126, 97-042, 98-076, 98-087, 01-064 are hereby rescinded.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 Community Services Department 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 Page 6 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