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CC - Item 11B - Consideration of Facility Fee Waiver for California LadyhawksROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 28, 2010 SUBJECT: CONSIDERATION OF FACILITY FEE WAIVER FOR CALIFORNIA LADYHAW KS SUMMARY At its regular meeting of September 14, City Council requested a review of the policy that allows fees for park and sports facilities to be waived for "Rosemead-recognized Community Service/Non-Profit Organizations." The policy is included as part of the City of Rosemead Park/Sports Rental Application as amended by City Council in April of 2009. Specifically, City Council would like to consider a waiver of fees for the California Ladyhawks, a youth sports organization operating in Rosemead since the 1990s, which does not possess official 501(c)(3) non-profit agency status. Staff Recommendation Staff is seeking City Council direction regarding a waiver of sports facility use fees for the California Ladyhawks. ANALYSIS The California Ladyhawks, which started as a league serving hundreds of local youth, are currently comprised of one "under 18" girls travel softball team of national standing. They, in their various forms, have used Garvey fields and represented Rosemead for nearly two decades. While they are not an official 501(c)(3) non-profit organization, the organization meets minimum residency requirements (4 of their 16 participants reside in Rosemead), and are, thus, charged resident rates for field use ($12 per hour per field and $15 per hour for lights -as needed). At its regular meeting on April 28, 2009, City Council amended the Park/Sports Rental Application and Agreement. Fees and fee exemptions are codified under the Facility Fee Schedule which states: "The City of Rosemead, other Government, and Rosemead-recognized Community Service/Non-Profit Organizations are granted priority use and may be exempt from fees." Under Rules and Regulations, non-profit organizations requirements are delineated as follows: ITEM N®. City Council Meeting June 13, 2006 Page 2 of 2 • "Non-profit groups must provide verification of current 501(c)(3) status and a participant roster demonstrating that one in every four participants resides in Rosemead. They must also prove that their services are of significant direct benefit to the community and are not provided by the City or other agency currently serving Rosemead youth. Services must be accessible to the general public and in compliance with non-discrimination laws." The California Ladyhawks do meet residency requirements and provide a service that no other organization currently does. However, they are not a non-profit organization pursuant to Section 501(c)(3) of the Internal Revenue Code. Therefore, any waiver of facility use fees is at the discretion of the City Council. For the current fiscal year, the Ladyhawks have submitted an application for use of Garvey Park for dates in September and October totaling $645 in fees. The Ladyhawks have paid $382.50 of those fees to date. FISCAL IMPACT A waiver of any fees will result in a reduction of revenues. As noted above, the Ladyhawks current application for facility use amounts to $645 in fees of which the City has received $382.50. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted ly-SCOTT Director Rental Application and Agreement PARKISPORTS FACILITY RENTAL APPLICATION AND AGREEMENT City of Rosemead • Parks and Recreation Department 8838 East Valley Boulevard • Rosemead, CA 91770 (626) 569-2160 • (626) 569-2303 - Fax www.citvofrosemead.org Name: Organization: Address: City: Zip: Telephone Number: Day ( ) Evening: ( ) Cell Number: ( ) E-MaiF:Address: ROSEMEAD PARK GARVEY PARK JESS GONZALEZ 4343 Encinita Ave. 7933 Emerson Ave SPORTS COMPLEX (626) 569-2256 (626)569-2266 8471 Klingerman (626) 569-2255 Field #1 Field #1 Lights Lights Field Field #2 Field #2 Lights Lights Mult-Purpose Field Large Pool Gymnasium Small Pool Pool Meeting Room TOBACCO Purpose of Park Facility Date(s) of Activity: Time from: a. Residency Confirmed:_ Will the event be open to the public? If yes, how will the proceeds be used? CITY FACILITIES Attending: and clean-up time) event? ❑ Yes ❑ No ❑ Approved ❑ Denied Supervisor's Approval: Date:, ❑ Approved ❑ Denied Director's Approval: Date: ------------------------------------------------------OFFICE USE ONLY---------------------------------------------------- City of Rosemead • Parks and Recreation Department PARK FACILITY FEE SCHEDUi E Organization: Address: City: Zip: Telephone: Day ( Evening ( The following fee schedule applies to general use of the facility. The City of Rosemead, other Government, and Rosemead-recognized Community Service/Non-Profit Organizations* are granted priority use and may be exempt from fees. *Such groups must provide proof of their current non-profit status, and demonstrate that their services are of significant direct benefit to the community or a significant portion of its residents and accessible to the public and in compliance with non-discrimination laws. LOCATION AREA RESIDENT NOW TEAM TOTAL RESIDENT NON PROFIT Rosemead Park Field #1 $ 12/hr $ 50/hr Rosemead Park Field #2 $ 12/hr $ 50/hr Rosemead Park Lights $ 15/hr $ 30/hr Garvey Park Field #1 $ 12/hr $ 50/hr Garvey Park Field #2 $ 12/hr $ SO/hr Garvey Park Mufti-Purpose Field $ 12/hr $ 50/hr Garvey Park Gymnasium $ 32/hr $ 751hr $ 25/hr Garvey Park Lights $ 15/hr $ 30/hr Rosemead Pool Large Pool $ 351hr $ 75/hr Rosemead Pool Small Pool $ 25/hr $ 40/hr Garvey Pool $ 35/hr $ 75/hr Sports Fields $ 121hr $ 501hr Complex Sports Lights $ 15/hr $ 30/hr Complex Key Deposit $ 100 Lifeguard Lifeguard (min. 3) $ 12/hr $ 12/hr $ 12/hr Staff Staff $ 11/hr $ 11/hr $ 111hr Security $ 75 $ 150 $ 100 Deposit SUB TOTAL (This section to be filled out by staff) Deposit submitted $ on date Received by Rental fees paid $ on date Received by If Event Insurance required, copy of certificate received on date in the amount of Deposit refund of $ approved on date by City of Rosemead • Parks and Recreation Department RULES AND REGULATIONS City of Rosemead park/sports facilities may be used for recreation, social, team sports, or governmental functions only. The City reserves the right to cancel any reservation at a moments notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the activity. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated. Facility use does not suggest City endorsement or sponsorship of any event. Applicants publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual. Under no circumstances shall applicant sublease or allow any other organization or individual to use the park facility for the period for which it is reserved. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. APPLICATION PROCESS: • Applicant must be at least 21 years of age. Proof of Rosemead residency is required at time of application. • A facility is not considered rented until (1) applicant delivers to the City the Park Facility Rental Application and Agreement, rental fee, deposit, and any other items deemed necessary by the City of Rosemead; and (2) the City of Rosemead, in its sole discretion, approves such rental in writing. • The approval process takes a maximum of fourteen (14) working days. Do not, in any way, advertise your event prior to receiving written approval. • Reservations will not be accepted more than one year or less than 21 days in advance of date requested. Maximum duration for continuous use of a facility is six (6) months. • Time requested must include set up, event/activity, and clean-up. • "Non-profit groups must provide verification of current 501(c)(3) status and a participant roster demonstrating that one in every four participants resides in Rosemead. They must also prove that their services are of significant direct benefit to the community and are not provided by the City or other agency currently serving Rosemead youth. Services must be accessible to the general public and in compliance with non-discrimination laws." • Security Deposit is due at time of application. All fees must be paid 30 days prior to the event to avoid termination of application. Payments must be made by cash, check, money order, or cashier's check. Checks must be made payable to "City of Rosemead". • For all facility use, the applicant shall fumish, to the City, appropriate certificates of public liability and property damage insurance in the amount of $1,000,000 naming the City as "additional insured." Such insurance shall be maintained and kept in force during all such times that the applicant uses City of Rosemead facilities. All insurance certificates required above shall provide that such certificates shall not be cancelled or materially changed without at least thirty (30) days prior written notice to the City. APPLICANT RESPONSIBILITIES: • The applicant (or a city-approved organizational representative) must be present during the entire event. • All activities must cease and the park usage completely vacated by the time indicated on the application. • The group must appear within thirty minutes of time specified or the permit will be cancelled and all fees forfeited. • Applicant cannot exceed the attendance indicated on the application. • Activities for minors must be supervised by responsible adults at a ratio of at least one adult for every 20 minors. Applicant is responsible for the supervision of all children present at the event. • Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by City) to receive a full refund of their deposit. • All signs, banners, and other materials must be removed at the conclusion of the event. • Non-profit applicants requesting ongoing use of facilities may be responsible for maintenance, preparation and supervision of facilities. • Park Restrooms are open from 8:00 a.m. to 9:00 p.m. daily. PROHIBITED: • No alcohol, tobacco products, or illegal substances are permitted on City facilities. Any violation will result in the closure of the activity and forfeiture of all fees. • No disorderly or unseemly conduct is permitted on City facilities. • No advertisements, circulations of petitions, solicitations, nor entry fees are permittec without written authorization from the City. • No storage of private property is permitted on City premises. • City facilities cannot be used for commercial purposes without written authorization. • Bouncers and petting zoos are not permitted on City facilities. • Gambling of any kind is not permitted at any City facility. • City equipment shall not be removed from any City facility. • Animals must be kept on a leash. • No amplified music is allowed at any time. • The sale of merchandise, without written authorization from the City, is strictly prohibited. REFUND OF SECURITY DEPOSIT: • Refund of security deposit (and key deposit, if applicable) will take approximately 4-6 weeks after the conclusion of your event, provided there are no problems. There will be a deduction from your security deposit for the following items: additional cleaning, repair or replacement, loss of key, deviation from the rental agreement, extra staff costs, or disturbances requiring law enforcement. • If security deposit is inadequate to cover damages, then applicant will be billed for the remaining cost of the damages. • If Applicant violates any part of this agreement or reports false information to the City of Rosemead, the City may refuse Applicant further use of the facility and Applicant shall forfeit a portion of or all of the rental fee and/or the deposit. City of Rosemead . Parks and Recreation Department CANCELLATION POLICY I.... Reservations cancelled 1-14 days prior to activity: Security Deposit - No Refund 2. Reservations cancelled within 15-30* days of the activity: *Reservations made nine to twelve months in advance are subject to full deposit forfeiture for cancellations of 30 days or less. Security Deposit - 50% Refund 3. Reservations cancelled within 31-45 days of activity Security Deposit - 75% Refund