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CC - Item 10A - Update Concerning California LadyhawksA ' : L 6 1 O N I TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: FEBRUARY 22, 2011 SUBJECT: UPDATE CONCERNING CALIFORNIA LADYHAWKS SUMMARY Due to its long affiliation with the City of Rosemead, the California LadyHawks requested that the City Council, at its regular meeting of September 28, 2010, waive facility fees. City Council authorization was necessary as the LadyHawks does not possess official 501(c)(3) non - profit agency status, which is a City requirement for fee waiver. City Council authorized the fee waiver through the close of the travel softball season in February 2011, with the understanding that the LadyHawks would pursue the required non - profit status, which they are currently doing. Thus, they are asking that City Council continue the fee waiver. Staff Recommendation That the City Council provide direction regarding an extension of sports facility use fee waiver for the California Ladyhawks. ANALYSIS As representatives of the California LadyHawks informed the City Council that they were unfamiliar with the procedures necessary, the City Council requested that Community Development Manager Michelle Ramirez assist the LadyHawks in their effort to achieve 501(c)(3) non - profit status. Mrs. Ramirez has provided them with a checklist of necessary steps, a list of state and federal contacts and publications, copies of laws regarding non - profits, and sample documents required of non - profit corporations. She met with them on October 22, and December 2, 2010 to answer questions and provide additional resources. Mrs. Ramirez continues to maintain email contact, answer questions, and direct them to resources to assist in their efforts. City Clerk Gloria Molleda also met with the organization on December 2, 2010. She explained formal meeting procedures including the Brown Act, Robert's Rules of Order, and provided fact sheets for each. She also discussed minutes and provided samples as a guideline for future use. The LadyHawks previously initiated the process to become a non - profit organization by filing Articles of Incorporation with the California Secretary of State in September 2006. • APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting February 22, 2011 Page 2 of 2 However, they did not complete the process and were subsequently deemed suspended. In December 2010, they submitted paperwork and payment to the state to have the suspension lifted and requested a copy of the original Articles of Incorporation. Additionally, the Ladyhawks inform us that they have elected a Board of Directors and conducted formal meetings as required by California law. They also indicate that the Franchise Tax Board will provide a response to their request to lift the suspension by April. If the suspension is lifted, the LadyHawks will proceed with efforts to achieve 501(c)(3) status. FISCAL IMPACT A waiver of any fees will result in a reduction of revenues amounting to an estimated $700 to $1,000 per year. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. -SCOTT rector