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Res 97-042RESOLUTION NO. 97- 042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING THE FACILITY USE REGULATIONS, CLASSIFICATION OF APPLICANTS AND FEES, AND FEE SCHEDULE FOR USE OF CITY OF POWAY FACILITIES AND RESCINDING RESOLUTION NO. 91-110 WHEREAS, fees for the use of City of Poway recreational facilities have been established to provide for the recovery of operational and maintenance costs associated with said facilities; and WHEREAS, in no case do any of the revised fees exc,.~ the reasonable cost of providing the facility or service; and WHEREAS, regulations have been established for the use of Poway recreational facilities. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows: The Facility Use Regulations, Classification of Applicants and Fees, and Fee Schedule for use of City of Poway facilities as set forth in Attachments 1, 2, and 3 are hereby adopted; and 2. Resolution No. 91-110 is hereby rescinded. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 17th day of June 199~7. ATTEST: W'x Lor~ Anne-Peoples, Assistant City Clerk Betty'l/tekfo~d,~ Deputy Mayor STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, Assistant City Clerk of the City of Poway, do hereby certify that the foregoing Resolution, No. 97-042, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of June 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD NOES: NONE ABSTAIN: ABSENT: NONE HIGGINSON VL~ri Anne Peoples, A~sist[nt City Clerk Resolution No. 97-042 Page 2 City of Poway Community Services Department Facility Use Regulations Applications for use of City Facilities may be made in person at the Community Services Administrative office, 13202 Poway Road. Applications will be accepted Monday through Friday, 8:00 a.m. to 5:00 p.m., until 7:00 p.m. Tuesdays, except holidays. Applications will be reviewed, use will be prioritized, and fees, if any, set by the Community Services Manager, and/or designated staff. Please refer to Application Procedures, Rules, and Classification of Applicants and Fees Schedule. Application Procedures and Policies Applications will be accepted for specific dates and times. Time requested must include all set up and cleanup time. Applications must be submitted at least ten (10) business days in advance of the date requested. With the exception of athletic fields and court reservations, advanced scheduling may be accepted one (1) year in advance for Poway residents. Nonresidents or nonresident groups advanced scheduling will be permitted only thirty (30) business days in advance of the event. Weddings, tournaments or fundraisers for nonprofit nonresident groups will be accepted up to one (1) year in advance. Regular hours of operation at Poway Community Park for use of the auditorium are Monday through Sunday, 8:00 a.m. to 10:00 p.m. On Friday and Saturday nights events must end by midnight. Reservations at Lake Poway will end at sunset. An additional fee of $15 per hour will be charged for use of the facilities during nonregular hours of operation for all classifications. Applications will be approved for specific rooms, park areas, and athletic fields, depending on group size, type of activities, and availability. No activity shall be scheduled for more than room capacity. The Community Services Department may refuse or cancel any application. A written notice of refusal or cancellation with an appropriate explanation will be given by the department. Applications for use may be denied for the following reasons: unsatisfactory prior use; hazardous condition exists; application submitted less than ten (10) days in advance; nonpayment of fees before due date; and higher priority activity takes precedence. If an application is denied, the decision may be appealed to the Community Services Manager. The next option, if the applicant is not satisfied, is to appeal the decision to the Director of Community Services. Resolution No. 97-042 Page 3 In the event of a change of plan, by applicant, notice of cancellation must be given to the Community Services Department twenty-one (21) days before the date of intended use in order to avoid financial obligation for charges involved. Users in Categories D, E, and F will be charged a $25 cancellation fee if less than twenty-one (21) days advance notice. A $1.50 processing fee will be charged and a refund, if applicable, will be mailed to the applicant. All fees must be paid at the Community Services Administrative office. Checks or money orders are to be made payable to: City of Poway. Applicants who are not serving food and/or beverages must pay a $100 cleaning/damage deposit upon application for use of buildings or upon request of Community Services Manager. Applicants who are serving food and/or beverages without alcohol must pay a $200 cleaning/damage deposit. Applicants who are serving alcohol must pay a $300 cleaning/damage deposit. A percentage of the cleaning deposit may be refunded to groups upon verification of area cleanliness. The remainder ofthe fee is due twenty-one (21) days before the scheduled use. Groups using facilities on a weekly, semi-monthly, or monthly basis must pay on or before the first meeting of the month. Other arrangements may be approved by the Community Services Manager. An approved copy of the application and a facility use permit are confirmation of the requested date. Any financial obligations or preparation for an event performed by the applicant prior to receiving confirmation is solely at the applicant's risk. The Community Services Manager may impose additional requirements on the applicant as a condition of approval. These additional requirements may include, but not be limited to: (1) additional security, City staff, or insurance, (2) if any application for facility use has been submitted less than ten (10) working days in advance, applications may be reviewed and accommodated subject to facility availability, (3) any financial obligations incurred by the City to accommodate the applicant will be deducted from the required deposit upon notice of cancellation, and (4) costs incurred for additional requirements shall be the responsibility of the applicant. Rules Governing Facility Use An employee of the Community Services or Public Services Department shall be present during all hours of use at normally staffed facilities. 2. Cleanup and refunds. On the day of the event, the applicant must initially inspect the premises with a staff person and fill out a Condition of Facility Report. This report is a checklist to ensure there is no negligence by either party (staff or applicant). Resolution No. 97-042 Page 4 Groups are responsible for the following cleanup at the end of their event: 2. 3. 4. 5. cleaning of all equipment used cleaning of any counter areas used cleaning and wiping all table tops used cleanup of any floor or carpet areas soiled or dampened cleanup of the kitchen and all amenities used (i.e., refrigerator, stove, oven, and sinks) disposing of all trash in proper receptacles removal of all equipment supplies, personal articles, and displays immediately following cleanup At the end of the rental and cleanup period, the applicant will inspect the premises with a staffperson and complete the Condition of Facility Report. If an applicant fails to perform cleanup after their activity, a percentage of the cleaning deposit will be forfeited. The amount of deposit forfeited will be in direct relationship to cleaning and damage repair costs. If the facility is left in a satisfactory condition, a refund will be issued within three to four weeks after the date of the facility use. All groups must be under the direction of their own leadership. There must be at least one adult present and responsible for every twenty minors. An adult must be present at all times. The City of Poway is not liable for accidents, injuries or loss of individual property in connection with any of its facilities. Users will be required to obtain policy liability insurance (rider clause to original policy or policy obtained through the City's insurance carrier), approved by the Community Services Manager, naming the City of Poway, its officers and employees as additional endorsed. The City shall require liability insurance of $1 million to $5 million, depending upon the risk factor. No activity will be permitted which is in violation of local, state or federal statues. Applicants must adhere to all City policies and fire codes during their use of the facility. Groups are responsible for controlling noise that could be disturbing to other activities or the surrounding neighborhood. The Community Services Department reserves the right to full access for all activities in order to ensure that all rules and regulations are being observed, and may terminate the activity for the safety and welfare of the citizens or City property. Rental for use of parks is charged only for organized activities requesting specific areas. Liability insurance or security guards may be necessary depending upon (1) risk factor level, (2) alcohol, and (3) nature of use. Resolution No. 97-042 Page 5 9. No amplified music is permitted in outdoor areas in City parks. Groups having live musical entertainment or serving alcoholic beverages must abide by the following additional security requirements: a. Groups selling alcohol must obtain a "daily on-sale general license" from the Alcohol Beverage Control Board (ABC). b. One guard per group of 100 persons will be arranged by the applicant and approved by the Community Services Department. Guards will act as security forces and not as I.D. checkers. Additional guards may be required by the Community Services Manager, if needed. 10. If minors are found to be in possession of alcoholic beverages, or if participants are found to be in possession of drugs, the activity will be terminated immediately. 11. Approval for use will not be granted to a person under twenty-one (21) years of age. 12. Community Services Department equipment is available for use in the City's facilities, but may not be removed to any other location without proper written authorization by the Community Services Manager. 13. The use of any facility will not be granted or permitted to any individual, society group, or organization which has as its objectives the overthrow or advancing of the overthrow of the present form of government of the United States or the State of California by force, violence or other means. 14. No nails or staples will be permitted on the walls of any facility. 15. SMOKING IS NOT PERMITTED IN ANY CITY FACILITY. 16. Twin Peaks Multipurpose Center/Meadowbrook Gymnasium. a. Gymnasium usage will not be granted when other City facilities are deemed more suitable for requested usage. b. No food, beverages, or hard-soled shoes are allowed. c. Floor cover is to be in place for all events other than sports. 17. Parking fees are not included in the facility rental at Lake Poway Recreation Area. 18. No rice, birdseed, or glitter is to be used in any facility. Resolution No. 97-042 Page 6 City of Poway Community Services Department Facility Use Rules and Regulations for Advertising and Motion Pictures All users must complete facility use application for approval in accordance with current facility use regulations. Fees. A fee of $150 per facility for a maximum of eight (8) hours will be charged for commercial print applicants. A fee of $300 per facility for a maximum of eight (8) hours will be charged for commercial film applicants. No fee shall be charged for nonpublished print. b. Additional hours per day will be charged at $50 per hour. Any usage outside normal operating hours of the facility requested will be charged at $50 per hour plus the cost to cover staffing of said facility. User will pay appropriate fee determined for use of any and all City equipment associated directly with the facility reservation in question. User will pay appropriate fee determined for use of any and all City staffing costs associated directly with the facility reservation in question. The City will be compensated for any loss of regular revenue determined to be a result of facility usage. The City may require a $100 or $200 refundable cleaning/damage deposit of any applicant based on the nature of use. Any costs for repairs due to damage to City facilities or equipment which occurs as a result of facility usage will be paid for by the user. h. Applicants are subject to a $1.50 application fee for each application filed. Any preparation for such usage is solely at the applicant's risk and is the responsibility of the applicant. It is the applicant's responsibility to obtain any permits required by the Fire, Sheriff, or Planning departments. The City of Poway is not liable for accidents, injuries, or loss of individual property in connection with any of its facilities. Users will be required to obtain liability insurance (rider clause to original policy or policy obtained through the City's insurance carrier) naming the City of Poway, its officer and employees as additional endorsed. The City shall require liability and/or damage insurance of $1 million to $5 million, depending upon the risk factor. All other rules and regulations governing use of City of Poway facilities will be applied where applicable. Resolution No. Page 7 Classification of Applicants and Fees 97-042 Each application will be reviewed by the Recreation Supervisor and classified into a group depending on the type of organization and the intended use. City of Poway and Community Services Department activities have first priority for the use of the facilities. The classifications are listed in order of priority with classification "A" first, classification "B" second, and so on. 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, a priority system for use has been established. ,P~llllif~Agg31~. Community Services Department sponsored and co-sponsored activities, City of Poway functions, Poway Unified School District events. Poway Resident Nonprofit Group Meetings. Service organizations, youth organizations, sports groups, special interest clubs for general meetings, and business functions with a membership of 51 percent residents. A roster may be required to show proof of residency. Nonprofit number must be included on application. Poway Resident Nonprofit Groups. This category encompasses Poway Youth Sports leagues that utilize public facilities, ball fields, and soccer fields for the purpose of organized practice and games. In addition, any nonprofit group that utilizes City facilities for the purpose of fund-raising activities that directly benefit Poway-based organizations. Organizations must consist of 51 percent Poway residents. Residents. Private use for weddings, parties, and dances. Nonprofit organizations that include 51 percent Poway residents sponsoring fund-raising activities that benefit the San Diego County region. E. Commercial and Profit-making Use. Example: automobile dealers, Poway Realtors Nonresident. Commercial or Private Use. This group includes resident and nonresident nonprofit groups that conduct fund-raising events that benefit areas outside San Diego County. This group also includes weddings, dances, retirement parties, trade shows, and conventions. Resolution No. 97-042 Page 8 In order to qualify as a Classification "B" or "C" nonprofit user, the organization must meet all of the following criteria: The organization must be registered as a not-for-profit corporation with the State of California (510 c-3) or, if not registered with the state, must have a constitution or bylaws which clearly state that the objectives of the organization are of a nonprofit, noncommercial nature. The organization must be comprised of volunteers. The organization must submit the following: If incorporated, submit state nonprofit tax identification number. If not incorporated, submit constitution and bylaws. Financial verification of organization's exemption from income tax. (Department of the Treasury Form 990 may be used.) An updated copy will be required by October first of each year. A signed statement verifying the above Item 2. Resolution No. 97-042 Page 9 Fee Schedule for Use of City of Poway Facilities Fees are based on an hourly rate. An extra staffing fee of $1 5 per hour is required for all recreation usages other than regular hours. All facility fees are based on one time usage. In Categories D, E, and F, there is a $25 cancellation fee if cancellation is less than 21 days in advance. A special service fee of an additional $15 per hour, regardless of category, may be charged for special uses. (Example: dog shows) Poway Communit' Park Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agencies Nonprofit Groups Organizations Private Uae Profit-Making Use Commercial or Private Use A B C D E F Auditorium (kit) n/c $12 $23 $35 $52 $63 Bill Bond Hall n/c $12 $ 23 $35 $52 $63 Nutrition Room n/c n/c $10 $18 $30 $40 Kitchen (large) n/c $6 $9 $14 $29 $29 Activity Rooms n/c n/c $9 $14 $29 $29 Dog Park n/c $5 $5 $5 $10 $10 Park Areas n/c $2 $5 $7 $9 $12 Lake Powa¥ Recreation Area Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agencies Nonprofit Groups Organizations Private Use Profit-Making Uso ~ommercial or Private Uae A B C D E F Pavilion n/c $10 $12 $16 $23 $35 Gazebo area n/c n/c $9 $14 $18 $23 Campground site n/c n/c $6/dail¥ $7/daily $9/daily $12/daily (8 person max) Park area n/c $2 $5 $7 $9 $12 Concession n/c n/c $ 2 n/a n/a n/a Archery range n/c $2 $4 $6 $8 $10 Old Powa¥ Park Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agenciea Nonprofit Groups Organizations Private Use Profit-Making Use Commercial or Private Uae A B C D E F Templars Hall n/c $12 $23 $35 $52 $63 Gazebo n/c n/c $12 $16 $ 23 $35 Park area n/c $2 $5 $7 $9 $12 Great Room n/c n/c $10 $18 $30 $40 Parlour n/c n/c $9 $14 $29 $29 Kitchen n/c $ 6 $9 $14 $29 $29 Resolution No. 97 -042 Page 10 Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agenciea Nonprofit Groups Organizations Private Uae Profit-Making Commercial Use or Private Use A B C D E F Gymnasium n/o $12 $23 035 $52 $63 Stage/activity rm n/c n/c $12 $ 21 $ 35 $ 40 conference rm n/c n/c $ 6 $12 $ 29 940 concession n/c n/c $ 2 n/a n/a n/a Commercial Filming Nonpublished Print Published Print Commercial Film n/c $150 $ 300 Resolution No. 97 -042 Page 11 Fee Schedule for Use of City of Poway Athletic Fields Foway ~ommunlt, ~arK Location Public Po~ay Resident Resident Commercial and Nonresident, Agencies Resident Service Private Profit-Haking Commercial Nonprofit Organizations Use Use or Private A Groups E Use B C 0 F Field use n/c $5 $6 $7 $8 $12 East ball n/c n/c $12 $15 $15 $17 field/ lights West ball field n/c n/c $12 $13 $15 $17 /tights soccer n/c n/c $12 $13 $15 917 field/lights Recreation Area Location Public Poway Resident Resident Commercial Nonresident, Agencies Resident Service Private and Profit- 'Commercial or Nonprofit Organizations Use Haking Use Private Use A Groups E F B C O Field use n/c $5 $6 $7 $8 $12 Bail n/c n/c $12 $13 $15 $17 field/lights Parks Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agencies Nonprofit Groups Organizations Private Uae Profit-Making Commercial Use or Private Use A B C D E F Field use n/c $5 $6 97 98 912 Tournaments ($100 deposit) One field ~ included Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agencies Nonprofit Groups Organizations Private Use Profit-Making Use Commercial or Private Uae A B C D E F Field + bases n/c 9 50 9 75 9 75 9100 9100 Field/lights (daily) n/c 91 O0 91 O0 91 O0 9150 9175 Field prep/hourly n/c 9 13 9 13 9 13 9 13 9 13 iments onl Location Public Poway Resident Resident Service Resident Commercial and Nonresident, Agencies Nonprofit Groups Organizations Private Use Profit-Making Use Commercial or Private Use A B C D E F Community Park n/c 910 920 940 950 960 1. There is two (2) hour minimum for the use of facilities, 3arks, and meeting rooms. Ball fields can be rented for one (1) hour. Ball field fees will not be ~rorated for less than one (1) hour. 2. Reservations for ball fields include bases. 3. Parking fees are not included in facility rental fees at Lake Poway. Lake permits are not included.