Chapter 5.52
FEES FOR USE OF CITY FACILITIES
Sections:
5.52.010 Authority to charge fees.
5.52.015 List of “city facilities” offered for rental.
5.52.030 Exemptions or partial fee waivers.
5.52.040 Prohibition on fee waivers.
5.52.050 Partial fee waivers – Appeal to city council.
5.52.010 Authority to charge fees.
The city council finds that the use of certain public facilities results in wear and tear and increases the frequency of and need for maintenance on “city facilities,” as defined by EMC 5.52.015. The city council further finds that fairness and equity require that individuals and organizations who wish to use city facilities must be charged a fee to offset the estimated reasonable costs incurred by the city for wear and tear, increased maintenance and other costs associated with such use. (Ord. 595 Exh. A, 2024; Ord. 569 § 3 (Exh. A), 2018)
5.52.015 List of “city facilities” offered for rental.
The city council has determined that the following list of public facilities shall be hereinafter defined as “city facilities,” offered for rental use in accordance with the schedule of fees:
A. Escalon community center.
B. Council chambers.
C. Hogan-Ennis Park/Sports Fields.
D. Main Street Park.
E. Recreational facilities.
This list of city facilities offered for rental may be periodically updated at a public meeting of the city council, by ordinance. (Ord. 595 Exh. A, 2024)
5.52.020 Schedule of fees.
Prior to the effective date of the ordinance codified in this chapter, the city council shall adopt by resolution a schedule of fees for the use of city facilities. The schedule of fees may be periodically updated at a public meeting of the city council. (Ord. 595 Exh. A, 2024; Ord. 569 § 3 (Exh. A), 2018)
5.52.030 Exemptions or partial fee waivers.
A. Use of the city council chambers during normal business hours by governmental entities with the permission of the city manager shall be exempt from this chapter.
B. Use of the community center by other agencies expressly for public meetings shall be exempt from this chapter.
C. The city council has determined that the city shall be a co-sponsor of the following events for which no fees shall be charged, subject to periodic updates at a public meeting of the city council:
1. Park Fete (Senior Luncheon, Miss Escalon and Little Mr./Miss Escalon).
2. Veterans Day BBQ.
3. Community Thanksgiving Meal.
D. Any Escalon-based nonprofit with either: (1) more than half of the nonprofit entity’s members residing within the 95320 zip code; or (2) senior-based groups (age 65 or older) holding social functions open to the public; and (3) the entity is a recognized nonprofit entity under the Internal Revenue Code; and (4) the entity’s primary purpose is to provide services and resources to benefit Escalon residents will be granted a partial fee waiver in connection with its use of the Escalon community center. The partial fee waiver will cover half the cost of the then-existing rental fee, adopted by the city council, not including any other associated fees, notwithstanding this chapter.
E. Applicants meeting the criteria of subsection D of this section shall submit a written application to the city manager on a form provided by the city. The city manager, or designee, will review the application and grant or deny it based on compliance with the criteria set forth in subsection D of this section. The decision of the city manager or designee may be appealed to the city council as set forth in EMC 5.52.050.
F. Annually, during the month of January, each Escalon-based nonprofit that qualifies for a partial fee waiver pursuant to subsection D of this section shall be required to resubmit an application for the partial fee waiver for that calendar year to the city manager. The decision of the city manager or designee on such annual resubmission may be appealed to the city council as set forth in EMC 5.52.050. (Ord. 595 Exh. A, 2024; Ord. 569 § 3 (Exh. A), 2018)
5.52.040 Prohibition on fee waivers.
From and after the effective date of the ordinance codified in this chapter, and except as expressly provided in this chapter, city staff shall not have the authority to waive, reduce or grant exemptions from any fee established pursuant to this chapter, including but not limited to those fees set forth on the schedule of fees, without the approval of city council. (Ord. 595 Exh. A, 2024; Ord. 569 § 3 (Exh. A), 2018)
5.52.050 Partial fee waivers – Appeal to city council.
Any Escalon-based nonprofit aggrieved by the denial of a partial fee waiver in connection with its use of the Escalon community center at half the cost of the listed rental fee, not including any other associated fees, pursuant to this chapter may appeal such decision by filing a written notice of such appeal with the city clerk within five working days of the decision of the city giving rise to said appeal. Such appeal shall set forth the specific facts upon which the appeal is being made. The city council shall hear such appeal no later than 14 days following its filing at a regular meeting, if scheduled, or a special meeting, if necessary. The applicant, by written request, may waive the time limits for the hearing on appeal to the city council, but may not waive the time within which an appeal may be filed. (Ord. 595 Exh. A, 2024)