Res 14-018 - Rescinded by Res 17-073RESOLUTION NO. 14 -018
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ESTABLISHING THE COMMUNITY SERVICES DEPARTMENT
PROGRAMMING AND FACILTY USE FEE POLICY,
AND REPEALING RESOLUTION NO. 07 -089
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; and
WHEREAS, fees have been established in the Master Fee Schedule for recreation
programming offered by the City; and
WHEREAS, a Community Services Department Programming and 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; and
WHEREAS, it is necessary from time to time to update the policy for the use of City
of Poway Community Services facilities and participation in programs; and
WHEREAS, the classification of applicants and corresponding user fee categories
have been clarified and updated; and
WHEREAS, provisions relating to deposits, payment schedules, cancellations, and
refunds have been updated.
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, presented at this meeting and as set forth in Exhibit 1 to this Resolution, is
hereby approved and adopted, and shall be effective immediately.
Section 2: Resolution No. 07 -089 is hereby repealed, rescinded and of no further force
and effect.
Resolution No. 14 -018
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a
regular meeting this 15th day of April 2014.
Don Higginson, Mayor
ATTEST:
X00, 9,
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 14 -018 was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of April 2014, and that it was
so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CMC, City Clerk
City of Poway
Exhibit:
1. Community Services Department Programming and Facility Use Fee Policy.
EXHIBIT 1 Resolution No. 14 -018
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CITY OF POWAY 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, patio and
courtyard, 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 facilities, a priority classification system for use is
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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
*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 Facility Use Permits in order to accommodate City needs.
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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 Facility Use Permits in order to accommodate City needs.
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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 five (5)
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
package).
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.
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:
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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 FEES - As established by the Joint Powers Insurance
Agency alcohol permit fees are per -use and required when alcohol is served
and consumed by parties other than solely by the permitee. The Alcohol Permit
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
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
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Resolution No. 14 -018
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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:
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.
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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
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.
SECTION 6 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 any one or more sections, sentences, clauses, phrases,
parts, or portions be declared invalid or unconstitutional.
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