07-0403_CREER-COMUNIDAD Y FAMILIA_D7_Agenda Report• • 4/3/2007
AGENDA REPORT D7
TO: Dave Adams, City Manager RL�`
FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of License Agreement for Use of Portion of the Stonefield
Community Building and Waiver of Fees (CREER-Comunidad y Familia)
RECOMMENDATION:
By motion,
1. Approve a license agreement between the City of San Juan Capistrano and
CREER-Comunidad y Familia; and
2. Waive 100% ($9,668) of the annual facility rental fees for the use of a portion
of the Stonefield Community Building for administrative purposes, La Sala and
Community Center for special meetings and functions.
SITUATION:
EM
Summary and Recommendation
CREER-Comunidad y Familia, a volunteer, grassroots community organization is
requesting the use of the Stonefield Community Building for administrative purposes
of their organization. In addition, the organization is also requesting a 100% annual
fee waiver for the use of the Stonefield Community Building, La Sala and
Community Center. The La Sala and Community Center is being requested on a
limited basis for special community meetings and functions.
Staff is recommending the approval of a
CREER-Comunidad y Familia for a one-year
fees for the use of the Stondfield Community
Center.
B. Background
one-year license agreement with
extension option and the waiver of
Building, La Sala and Community
CREER-Comunidad y Familia is a registered 503(c) nonprofit organization that
began in 2005 as an initiative of Latino Educational Attainment. The goals of the
organization are to develop cultural, educational, and social potential leadership for
all residents of San Juan Capistrano. In addition, the group is working with the City
of San Juan Capistrano Community Services Department and Police Services
Department to serve as a liaison between the residents of the Capistrano Villas and
the City to create stronger working relationships for public safety and educational
awareness.
0
Agenda Report
Page 2 April 3, 2007
As a volunteer, grassroots, nonprofit organization, members of CREER-Comunidad
y Familia are in the process of obtaining funding through private donations and
foundation grants; therefore, they have little funds to pay for the use of the
requested buildings at this time. Staff is recommending that the City support their
organization by providing the Stonefield Community Building free of charge for
one-year, until the organization can establish an on-going funding source. The
organization will also need La Sala, twice a month, and the Community Center, four
times a year, for community meetings and functions; and is requesting a fee waiver
for the use of these facilities.
In an effort to support the success of new organizations within the community, the
City has approved similar requests in the past. Such organizations are CARE,
CHEC, Coastal Mountain Youth Academy and Camino Real Playhouse. These
organizations have proven they are self-sustaining, and the City's initial contribution
of waiving start-up costs such as facility rentals has helped them to succeed
financially.
C. Monthly Facility Use Fees
The monthly facility use fee for the Stonefield Community Building is $142, plus a
flat rate of $25 for electricity usage, totaling $167 per month, for an annual amount
of $2,004. The facility use fees for the following facilities are: La Sala is $60/hour, 8
hours per month, for an annual amount of $5,760; the Community Hall is $119/hour,
4 hours each month, four times a year, for an annual amount of $1,904. The total
fee waiver request is $9,668 annually. Staff is presenting this item to the City
Council at the request of the CREER-Comunidad y Familia who has requested a
100% waiver of fees for use of the Stonefield Community Building, La Sala and
Community Center (Attachment 1).
City Administrative Policy No. 606 establishes a process for consideration of fee
reductions for use of City facilities. The policy states that the Director of Community
Services and the City Manager are each authorized to grant up to a 25% reduction
in facility rental fees for a total possible reduction of 50%. For this request, both the
Director of Community Services and the City Manager have recommended the full
50% reduction that is within their authority. The policy further states that City
Council action is required for any portion of a fee reduction in excess of 50%
(Attachment 2).
A refundable cleaning and compliance deposit of $500 for the rental of the facilities
would be required. This deposit would be refunded after the one-year license
agreement expires providing that the site is restored to original condition, left clean,
and there is compliance with all conditions. Staff does NOT recommend that this
amount be waived or reduced.
Agenda Report
Page 3
D. Overview of the License Aareement
April 3, 2007
The proposed license agreement addresses a variety of issues including allowable
uses, term of license, utility responsibilities, tenant improvements, maintenance and
repairs, insurance and indemnity, and termination of the agreement (Attachment 3).
CREER-Comunidad y Familia has expressed its desire to utilize the Stonefield
Community Building because the facility is within walking distance of one of the
targeted neighborhoods. The proposed term of this license agreement is for a
period of one-year from the date of its execution, with the possibility of an additional
one-year period extension upon mutual consent of both parties.
City Council Policy No. 014, "Nonprofit Public Benefit Corporations" was established
to ensure that nonprofit public benefit organizations that enter into agreements with
the City, for use of City facilities, are not for the private benefit of any individual. In
consideration of this policy, the proposed lease agreement includes a requirement
that CREER-Comunidad y Familia submit a report to the City every six months
describing the services provided through this facility. Failure to submit to the City the
required performance reports shall make the organization ineligible for a
continuation of the license agreement with the City of San Juan Capistrano
(Attachment 4).
COMMISSION/BOARD REVIEW, RECOMMENDATION:
This item will be presented to the Parks, Recreation, and Equestrian Commission at their
April 16, 2007 meeting as information only.
FINANCIAL CONSIDERATIONS:
As specified in the proposed license agreement, the City will waive the $167 monthly fee
($2,004/year) for the use of the Stonefield Community Building; and waive facility fees of
La Sala and Community Center Community Hall ($7,664/year).
NOTIFICATION:
Ms. Adela Coronado -Greeley, President, CREER-Comunidad y Familia
Ms. Catalina Durazo-Senkbeil, Vice -President, CREER-Comunidad y Familia
* Mailed copy of agenda report
Agenda Report
Page 4
RECOMMENDATION:
April 3, 2007
By motion,
1. Approve a license agreement between the City of San Juan Capistrano and
CREER-Comunidad y Familia; and
2. Waive 100% ($9,668) of the annual facility rental fees for the use of a portion
of the Stonefield Community Building for administrative purposes, La Sala and
Community Center for special meetings and functions.
Respectfully submitted,
Karen Crocker
Community Services Director
Attachments: 1. Letter of Request
2. Proposed License Agreement
Exhibit A
Exhibit B
3. City Administrative Policy No. 606
4. City Council Policy No. 014
5. Location Map
PACommunity ServicesiCS SharedUTy COUNCUCC-07-0403\CREER Stonefield.doc
0
°eft°i
December 13, 2006
Ms. Karen Crocker, Community Services Director
25925 Camino Del Avion
San Juan Capistrano, CA 92675
Dear Ms. Crocker,
The purpose of this letter is to petition spaces from the City of San Juan
Capistrano for the use of the CREEK: Comunidad y Familia, a registered
503 (c) nonprofit organization. We meet all the qualifications necessary
to make this request of the City.
CREEK: Comunidad y Familia, a volunteer, grassroots community
organization began in 2005 in the City of San Juan Capistrano as an
initiative of Latino Educational Attainment founded by an editor of the
Orange County Register and the vice president of Orange County
Business Commission. The Diocese of Orange requested that the
community of Las Villas de Capistrano (entrance at La Zanja) be among
the targeted communities of this initiative.
Among the highlights of CREER: Comunidad y Familia's activities are the
following: We developed and conducted an educational survey of Las
Villas de Capistrano identifying specific educational needs of this
community; attended a 4 -day leadership training sponsored by United
Way, Somos Familia; organized and implemented a Family Conference
with over 350 participants, emphasizing the emotional health of the Family
and educational opportunities. It was the first event in which City Officials,
School District Administrators and the Sheriffs Department collaborated in
building bridges of positive communication between the community and
these institutions. Our parents became more active in their children's
education, and CREER was recognized as a relevant voice within the
community. We participated in a 3 -day Strategic Planning Retreat in the
summer of 2006. The participants prioritized 4 principal needs of their
community: safety and security within the community; Cultural
Community Center and activities; educational and recreational
ATTACHMENT
9 411
programs; affordable housing and guideline for multiple family living
quarters. CREER Comunidad y Familia collaborated with the City of San
Juan Capistrano in the Indigenous People's Festival and Mexican
Independence Day, September 16, 2006. CREER displayed 5 traditional
altars at the San Juan Capistrano Regional Library celebration of EI Dia de
los Muertos. In November 2006, CREER, under the guidance of Orange
County Congregational Community Organization (OCCCO) presented a
Security Forum with the participation of the Sheriffs Department, City
Official and School District Administrators, and community leaders.
As a result, CREER we will be working with the Sheriffs department for 6
months beginning in January to create an action plan to improve the
relationship with the community and the security of Las Villas de
Capistrano.
All of these activities and administrative transactions have been initiated,
planned and conducted from our homes. Our bi -monthly meetings are
held in spaces that are offered to us depending on availability and our
materials are housed in various locations. Therefore we respectfully
request the use of the Stone Field offices as a home base for CREER. With
this stable office we will be able to achieve our goals of developing the
cultural, educational and social potential of the Mexican/Latino children,
youth families and communities so that they may become citizen/leaders
and contributors to a prosperous and vibrant South Orange County
Community.
Respectfully you
Adela Coronado -Greeley Cat uraz�eiI
President, Board of Directors Vice -President Board of Directors
Emma Eliza e
President, Membership of CREER
LICENSE AGREEMENT
This License Agreement is made this 3 day of April , 2007, by and between the
City of San Juan Capistrano, hereinafter referred to as "City", and CREER-Comunidad y
Familia, hereinafter referred to as "CREER".
RECITALS:
WHEREAS, CREER is a nonprofit organization dedicated to providing quality social,
cultural, and recreational services to a targeted population of San Juan Capistrano; and
WHEREAS, CREER desires to utilize for administrative office purposes a portion of
the Stonefield Community Building, located at 31322 Camino Capistrano; and
WHEREAS, City desires to make available such facility to CREER for such
purposes under the terms and conditions set forth in this agreement.
NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN CITY AND
CREER AS FOLLOWS:
Section 1. Grant of License.
City hereby grants a license to CREER for the purpose of allowing CREER to utilize
portion of the Stonefield Community Building for administrative office purposes only.
The portion of the Stonefield Community Building, which is the subject of this
License grant, is specifically described in the Site Plan attached as Exhibits "A" and "B",
and incorporated herein by reference.
CREER is further entitled to make certain improvements. Any future improvements
desired by Licensee must be submitted in writing to the City, and then approved, in writing,
by the City.
Section 2. Facility Use Fees.
In consideration of the foregoing, the City agrees to provide a waiver of fees in the
sum of $142 per month, in addition to a monthly utility fee of $25 (Section 5), totaling $167.
Section 3. Allowable Uses.
CREER may not utilize the property for any other uses than those specifically set
forth in Exhibit "B", attached and incorporated herein by reference.
-1- ATTACHMENT 2
0 9
Section 4. Term of License.
The term of this License shall be one (1) year from the effective date of this
Agreement. The Agreement may be extended for an additional one (1) year period upon
the mutual written agreement of both parties. In addition, CREER is hereby granted a
90 -day hold -over period with respect to the one year term wherein CREER may remain
upon the property for up to 90 days to accommodate any need CREER may have to
transition to another property.
Section 5. Utilities.
CREER shall be responsible for the cost of all utility services, except electricity, to
conduct activities within the building space authorized under this Agreement. City shall not
require sub -metering of authorized areas.
Telephone Services: Telephone -related expenses are the sole responsibility of
CREER. CREER shall be responsible for opening/closing facility for installation, repairs,
and/or removal of these services. City staff will not meet vendor for delivery, installation,
repair, nor removal appointments.
Section 6. No License Consideration.
Licensee shall not be required to pay a license consideration for the privilege of
utilizing property described in Exhibits "A" and "B".
Section 7. Use of Adjacent Meetinq Room.
CREER agrees and understands that Capistrano Unified School District (CUSD)
reserves the right to allow groups and individuals to utilize the adjacent meeting room.
Section 8. Reservations to Citv
City reserves the right to enter the property at any reasonable time for the purpose
of inspection and/or repairs for which the City is responsible, or to carry out any municipal
function. This right shall not be exercised in any manner which will unreasonably interfere
with CREER's use of the premises.
Section 9. Condition of Premises.
CREER agrees to accept said facility in an "as is" condition, and agrees to assume
all further liability arising out of the condition of such facility.
Section 10. Maintenance. Repairs. and Improvements.
(a) Refundable Restoration Requirement: In orderto ensure that the facility is
returned to its original condition at the conclusion of this agreement, a refundable
-2-
0 0
restoration deposit of $500 has been established. Any damage resulting from use of this
facility shall be corrected at CREER's expense. When vacating facility, if applicant does
not restore the site to its original condition, the cost to restore the facility shall be deducted
from this deposit. In the event that the costs exceed the deposit, CREER shall be invoiced
for the outstanding restoration costs. All monies remaining after restoration is completed
shall be refunded to CREER.
(b) Repairs and Damages. City shall be responsible for any major structural
repairs to the premises, including such items as leaking roofs, plumbing, and related
improvements, providing that the damage to be repaired has not been caused directly by
CREER's use of the premises. City shall also accept responsibility for the following items:
Exterior Painting
Roofing
Windows and Doors (excluding screen doors)
Exterior Wall Repair
HVAC and plumbing
Exterior Lighting
(c) Custodial Responsibilities. CREER shall be responsible for office and
storage rooms of the Stonefield Community Building.
(d) Tenant Improvements. CREER shall submit to the Community Services
Department, in writing, any desired changes/improvements to the Stonefield Community
Building. This shall include any modifications to existing walls, windows, floors, doors,
interior, and exterior. CREER must receive written approval from City prior to making any
improvements or modifications to the facility. All improvements shall be the financial
responsibility of CREER. Furthermore, CREER shall restore said facility back to its original
condition at the end of the use agreement, unless City provides written permission to leave
improvement in place.
Section 11. Insurance/Indemnity.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
(a) Comprehensive General Liability. Throughout the term of this Agreement,
Licensee shall maintain in full force and effect Comprehensive General Liability coverage in
the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
(b) Proof of Insurance Reg uirements/Endorsement. CREER shall submit the
certificate of liability insurance, naming the City as additional insured, and an additional
-3-
0 0
insured endorsement to the City for certification that the insurance requirements of this
Agreement have been satisfied.
(c) Notice of Cancellation/Termination of Insurance. The above
policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced,
until after thirty (30) days' written notice is given to City, except that ten (10) days' notice
shall be given if there is a cancellation due to failure to pay a premium.
(d) Indemnity. CREER shall indemnify, save, and defend City, its elected
and appointed officials and employees harmless from and against any and all claims,
demands, suits, actions and proceedings, of any kind or nature, for damages to property or
injuries to or death of any persons arising out of CREER's use of said facility under the
terms and conditions of this License Agreement.
Section 12. Conditions of Operation.
A. CREER shall, at all times, keep City advised of the name, address, and
telephone number of the person responsible for the operation of the
aforesaid facility.
B. CREER shall, at all times, take and maintain the utmost caution and care in
every respect of its operation and shall observe and maintain the highest
standard of safety.
C. CREER shall submit a semi-annual performance report, due October 31,
2007, and March 31, 2008, to the Community Services Director in
accordance to City Council Policy 014. The report shall include:
1. Disclosure of all activities CREER has conducted both at the facility
and in the community on an outreach basis;
2. The number of citizens receiving benefits from activities, including
meetings, classes, events, services;
3. The city of residence of citizens receiving benefits from activities,
including meetings, classes, events, services;
4. Description of any routine maintenance of premises;
5. Proof of CREER's continued nonprofit status;
6. Information on the total revenue received by CREER during the
reporting period, and disclosure of the sources of that revenue.
E. Parking spaces adjacent to this facility shall be shared with Capistrano
Unified School District employees and the public. No parking spaces shall
be reserved for CREER.
F. Restrooms are to be kept locked when not in use. CREER must ensure
restroom is locked after each use.
0
G. CREER is responsible for all furniture, equipment, and supplies for this
space usage.
H. City shall issue keys to names provided by CREER; all keys must be signed-
out in accordance with City procedure. When a person leaves CREER's
program, CREER must return the key to City so that person's name can be
removed from City records. CREER is not to re -issue any key to another
employee.
Section 13. Termination.
(a) This Agreement may be terminated upon the default of one of the parties.
In the event of a dispute between the parties, City and CREER shall first meet and confer
regarding the matter. If the dispute cannot be resolved through a meet and confer session
within thirty (30) days of written notice of a default, then the Agreement may be unilaterally
terminated by the non -defaulting party.
(b) City and CREER shall have the right to terminate this Agreement without
cause by giving ninety (90) days advance written notice of termination to the other party.
(c) Upon termination of this Agreement, CREER shall remove all equipment
and materials, clean the premises, and leave facility in a condition substantially similar to
that prevailing at the time of the commencement of this lease, with the exception of normal
wear and tear, acts of God, and events beyond control of CREER. CREER shall restore
the property to its original condition without any cost to City.
Section 14. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto with respect to
the matters covered herein, and no other previous agreement, statement or promise made
by any party hereto which is not contained herein shall be binding or valid.
Section 15. Notices.
All notices, demands, consents, or other communications required to be
given under this agreement shall be accomplished by first class mail, postage prepaid, and
deposited in the U.S. mail, or personally served upon the other party.
To City:
Karen Crocker, Community Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
M
To Licensee:
Ms. Adela Coronado -Greeley
26732 Via EI Socorro
San Juan Capistrano, CA 92675
(b) Attorney's Fees. In the event any legal action or proceeding is
commenced to interpret or enforce the terms of, or obligations arising out of this
Agreement, or to recover damages for the breach thereof, the party prevailing in any such
action or proceeding shall be entitled to recover from the non -prevailing party all
reasonable attorney's fees, costs and expenses incurred by the prevailing party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
CITY OF SAN JUAN CAPISTRANO
M
Sam Allevato, Mayor
CREER-Comunidad Y Familia
0
ATTEST:
Meg Monahan, City Clerk
APPROVED AS TO FORM:
q ell,
John R. S6w, City Attorney
Adele Coronado -Greeley, President
0 0
EXHIBIT "A"
Site Plan
Camino Capistrano
IFA
Exhibit A
0 0
EXHIBIT "B"
Allowable Uses
Stonefield Community Building
CREER-Comunidad y Familia
Allowable Uses Include:
• Administrative office hours shall be Monday - Friday, 8:00 a.m. - 9:00 p.m. and on
weekends when needed
• There shall be a maximum of four (4) workstations in this area
• The maximum number of persons to be in this area at any one time is ten (10)
• Types of activities to take place at this site include: administrative/office functions
• Storage of equipment and supplies is permitted only within the interior of the
office/storage area
• Applicant shall have access to adjacent restroom facilities
Applicant may not utilize the property for any other uses than those specifically established
in this agreement
$ Exhibit B
0
ADMINISTRATIVE POLICY
DATE ADOPTED 4/10196
REVISED
2/16/99
REVISED
11/02/99
REVISED
09/05/00
•REVISED/21/0
CITY MANAGER
0
POLICY NO. 606
PAGE 1 OF 8
SUBJECT: REQUESTS OR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY'FACILITIES (I.E. PARKS; BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
PURPOSE: To establish a policy with procedures defining how to qualify for
consideration of a reduction or waiver of City facility rental fees.
It is the City's position to support activities that will bring recreational, cultural, educational,
and/or social benefits to the City, while nurturing and encouraging positive relationships
among those organizations whose work benefits the overall City. Therefore, upon request,
the City may consider reducing or waiving facility rental fees and related facility use
permits.
It is not the intent of this policy to reduce or waive fees associated with any labor of City
employees, including Police Services.
Criteria for Consideration of Fee Reductions or Waivers
A. The partial or total waiver of fees for facilities shall be limited to:
Southern Orange County -based not -far -profit organizations that provide service
to: San Juan Capistrano residents.
• Regionally -based not-for-profit health organizations that provide health-related
service to San Juan Capistrano residents (i.e. American, Cancer Society,
American Diabetes Association., American Heart Association, American Red
Cross, City of Hope),
• San Juan Capistrano businesses hosting an activity that is for the benefit of the
community; the business will. NOT receive monetary benefit from the activity.
B. The Community Services Department shall grant priority consideration for the
approval of a fee reduction or waiver request if the group has, In the past, provided
contributions to the City, such as those listed below:
Contributions may include, but not be limited to, any of the following forms:
• Monetary contributions
• In-kind, services (i,e. equipment, donations)
• Significant number of volunteer service hours
ATTACHMENT
0
ADMINISTRATIVE POLICY
0
POLICY NO. 606
PAGE 2 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
C. The Director of the Community Services Department shall be authorized to grant up
to a 26% reduction in facility rental fees.
D. The City Manager shall be authorized to grant up to
a 25% reduction in facility rental fees.
E. The City Council shall be authorized to grant up to a 50% reduction In facility rental
fees.
Capistrano Unified School District (CUSD) MAY receive a fee reduction/waiverfora
City facility when requested for activities such as:
• Teacher in -services trainings
• Administrative train ings/meetings
If room set-up/take-down is required, CUSD shall be responsible for those staffing
costs. If any portion of the request Is before/after regular business hours, costs
associated with staff supervision of the facility during those hours shall be the
responsibility of CUSD.. For all facility usage, CUSD shall be required to submit the
refundable cleaning and compliance deposit.
Facility use requests that will NOT be considered for a fee reduction shall be
activities such as: banquets, awards ceremonies, fund-raisers, park usage,
performances, or activities that are an extension of a classroom.
G. Decisions regarding the granting of fee reductions or waivers should takd into
consideration the following criteria:
How dollars saved from the facility fee reduction would be used.
2. Does the renter contribute significantly to the community by providing a
service or filling a need that ordinarily would not have been provided?
To what extent does the activity being held benefit the community as a
whole?
How many of the proposed attendees are residents of San Juan
Capistrano?
5. Has. City staff identified facility location alternatives to minimize City
costs and revenue loss to the City?
0
ADMINISTRATIVE POLICY
0
POLICY NO. 606
PAGE 3 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
G. Is the event intended to generate revenue through a participant fee,
fundraiser, or admission? Could facility use fees be passed along to
attendees?
7. Is the fee reduction/waiver request consistent with the intent of this
policy?
8. San Juan Capistrano businesses requesting consideration for a fee
reduction must -provide written documentation that the activity is for the
benefit of the community, and that the business will not receive
monetary benefit from the activity.
Procedure
A. Groups requesting a facility rental fee reduction/waiver are to submit a
completed "Facility Use Application", along with a written letter request that
addressed all the areas listed in "G" on page.2 of this policy. This letter is to
Pe addressed to the Community Services Director or designee.
B. Community Services Department staff is to identify any impact the request
has upon the department budget or projected revenues, The Community
Services Department shall review the request with any affected departments
If outside his/her jurisdiction, This shall be given significant consideration in
determining. If a renter shall receive a reduction/waiver of fees.
C. Community Services Department staff shall determine whether an alternate
City -owned facility location is available that meets the applicant's needs,
while minimizing cost and revenue loss to the City. If alternate facility
locations are available, fee reductions or waivers shall apply to the alternate
facility only.
D. How to qualify as a San Juan Capistrano not-for-profit organization (required
Information must be submitted with the Facility Use Application):
• The organization must be registered as a not-for-profit organization with
the State of California,
• If not registered with the State, must have a constitution or bylaws which
clearly state that the objectives of the organization are of not-for-profit,
non-commercial nature,
C
ADMINISTRATIVE POLICY
POLICY NO. 606.
PAGE 4 OF _8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (LE. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
• The organization must submit the following:
If incorporated, submit copy of State incorporation papers and bylaws.
If not incorporated, submit copy of constitution and/or bylaws.
• T6 organization's membership must be at least 51% San Juan
Capistrano residents.
- Attach current membership roster with complete addresses, Including
zip codes.
Any applicant aggrieved by any decision rendered by the City shall have the right of
appeal from such decision to the City Manager. The City Manager, upon hearing
such appeal, shall determine whether the decision rendered was in accordance with
the purpose and intent of this policy, and any other applicable policies.
Appeals to the City Manager shall be submitted and processed as follows:
A. Within five (5) working days :after receiving notice of the decision rendered,
any applicant aggrieved by same may file a written letter of appeal with the
Office of the City Manager. Such written appeal shall briefly state the action
or decision appealed from the basis for such appeal.
B. Upon receipt of such appeal, the City Manager shall schedule a meeting with
the renter/applicant and shall hear and consider any relevant oral and/or
written evidence pertaining to such matter including, but not limited to, staff,
reports submitted In conjunction therewith.
C. The burden of proof shall be upon the appealing party to show that the
decision rendered was not within the scope of the authority granted by this
policy.
D. The action of the City Manager, at the conclusion of the meeting, shall be to
sustain, overrule, or modify in whole or In part, the decision rendered The
determination of the City Manager shall be final and conclusive, with the
exception of fee reduction or waiver requests submitted for,City Council
consideration.
0
ADMINISTRATIVE POLICY
0
POLICY NO. 606
PAGE 5 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES '(LE. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY PARK RENTALS
ELIGIBLE FOR
CONSIDERATION
CATEGORY
PRIORITY
CLASSIFICATION
FOR FEE
REDUCTION?
A
1
San Juan Capistrano -based non-profit
Yes
San Juan
organizatlons
Capistrano
Residents/Non-
Profits
2
San Juan Capistrano residents
No
B
3
San Juan Capistrano businesses
Yes
San Juan
conducting activitles to benefit the
Capistrano
oommunity
Businesses and
Non-SIn Juan
4
San Juan Caplstrano businesses
No
Capistrano
conducting activities to benefit their
Non-Proflts
business
6
Non -San Juan Caplstrano non-profit
Yes
organlzatlons
C
6
Non -San Juan Caplstrano residents
No
Non -San Juan
Capistrano
Residents and
Businesses
7
Non -San Juan Capistrano businesses
No
U
ADMINISTRATIVE POLICY
POLICY NO. 606
PAGE 6 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND
GYMNASIUM)
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY BUILDING RENTALS
ELIGIBLE FOR
CONSIDERATION FOR FEE
CATEGORY
PRIORITY
CLASSIFICATION
REDUCTION?
A
1
San Juan Capistrano -based
Yes
San Juan
non-profit organizations
Capistrano
Residents/Non-
Profits
2
San Juan Capistrano residents
No
B
3
San Juan Capistrano businesses
Yes
San Juan
conduoting activities to benefit the
Capistrano
community
Businesses and
Non -San Juan
4 _
San Juan Capistrano businesses
No
Capistrano Non-
conducting activities to benefit their
Profits
business
6
Non -San Juan Capistrano hon -profit
Yes
organizations providing service to San
Juan Capistrano residents
C
6
Non -San Juan Capistrano residents
No
Non -San Juan
Capistrano
Resldgnts and
Buslnesses
7
Non -San Juan Capistrano businesses
No
ADMINISTRATIVE POLICY
•.
POLICY NO. 606
PAGE 7 OF 8
SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF
CITY FACILITIES (I.E. PARKS, BUILDINGS„ ATHLETIC FIELDS AND
GYMNASIUM)
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION ELIGIBILITY
CITY ATHLETIC FIELD RENTALS
ELIGIBLE FOR
PRIORITY
CLASSIFICATION
CONSIDERATION
FOR FEE
REDUCTION?
1.
Clty-sponsored or co-sponsored events, or any use mandated by
Yes
Clty-approved lease or agreements
2.
Programs run by nationally recognized youth sport groups which
Yes
are based In San Juan Capistrano
3.
Programs run by organlied senior groups which arelbased In San
Yes
Juan Capistrano
q,
Programs run by private; not-for-profit schools which are based In
Yes
San Juan Capistrano
6.
Club teams/Invitatlonal-only teams which are run by nationally
Yes
recognized youth sport groups and which are based in San Juan
Capistrano
6.
Programs run Eby organized youth and/or adult sport groups based
Yes
In San Juan Capistrano
7.
Not-for-profit community/recreational/educationadpublic service
Yes
groups which are based In San Juan Capistrano
8.
San Juan Capistrano -based business (not-for-proflt use, or
Yes
conducting activity that benefits the community)
9.
San Juan Capistrano resident
No
10.
San Juan Caplstrano-based business (for profit use)
No
11.
Nonresident individual or group (not-for-profit use)
No
12.
Nonresident Individual or group (for profit use)
No
C�
ADMINISTRATIVE POLICY
SUBJECT: REQUESTS FOR FEE
CITY FACILITIES (I.E.
GYMNASIUM)
POLICY NO. 606
PAGE 8 OF 8
REDUCTIONS OR WAIVERS FOR RENTALS OF
PARKS, BUILDINGS,' ATHLETIC FIELDS AND
CITY OF SAN JUAN CAPISTRANO
COMMUNITY SERVICES DEPARTMENT
FEE REDUCTION.ELIGIBILITY
CITY GYMNASIUM RENTALS
ELIGIBLE FOR
CATEGORY
PRIORITY
CLASSIFICATION
CONSIDERATION FOR
FEE REDUCTION?
1
City -sponsored or co-sponsored events, leagues and
Yes
programs.
2
City -approved lease or agreement such as the Boys and
Yes
Girls Club.
Programs conducted by nationally recognized not-for-profit
3.
youth sport groups with open enrollment, which are
Yes
CATEGORY I
established In San Juan Capistrano.
San Juan
Programs conducted by nationally recognized not-for-profit
Capistrano
41
adult and senior citizen sports groups with open enrollment,
Yes
Residents/
which'are established in San Juan Capistrano,
Not-for-profit community/recreatlonal/educational/public
Non -Profits
6.
service groups which are established In San Juan
Yes
Capistrano.
Club teams/invitatlonal-only teams run by nationally
6,
recognized youth sport groups, which are established in
Yes
San Juan Capistrano.
San Juan Capistrano -based non-profit private schools
7.
using the gymnasium for a not-for-proflt use, or conducting
Yes
an activity that benefits the community.
San Juan Capistrano -based non-profit private schools
B.
using the gymnasium for a private activity, or an activity that
No
does NOT benefit the community.
CATEGORY II
Businesses and private schools located In San Juan
9.
Capistrano using the gymnaslum for a not-for-profit use, or
Yes
San Juan
conducting activity that benefits the community.
Capistrano
Businesses
10.
Businesses and private sports camps that are located In
No
and
San Juan Capistrano using the gymnaslum for profit use.
Non -San Juan
Not-for-profit community/educational/public service groups
Capistrano
11.
which are not established In San Juan Capistrano.
Yes
Non -Profits
CATEGORY III
Businesses and private sports camps that are not located
In San Juan Capistrano using the gymnasium for profit use.
No
Non -San Juan
12
Capistrano
Residents and
Businesses
CITY OF SAN JUAN CAPISTRANO
Subject:
NONPROFIT PUBLIC BENEFIT
CORPORATIONS
COUNCIL POLICY
Effective
Policy
Page Date
Number
1 of 1 2/5/02
014
This policy is hereby created as a means to ensure that non-profit public benefit
corporations that enter into, and maintain, any agreements or relationships, with the City of
San Juan Capistrano, where the City provides a direct subsidy, or leases property at no
rent or minimal rent levels to the cion -profit organization, are not organized for the private
gain of any person. The subject organization must be a non-profit organization with
headquarters or a branch office located within the City of San Juan Capistrano.
The subject organization must:
Be organized under the Nonprofit Public Benefit Corporation Law for charitable
purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.
2. Not carry on any other activities not permitted to be carried on by a corporation
exempt from federal income tax under Section 501(c)(3) of the Internal Revenue
Code.
3. Not dedicate any part of its net income or assets to the benefit of any director,
officer or member of said corporation or to the benefit of any private person.
4. Submit a semi-annual report describing how the agreed upon services or programs
were rendered during the performance reporting period. The report must include:
1. Number of citizens receiving benefits;
2. The city of residence of citizens receiving benefits;
3. Proof of the organization's continued nonprofit status;
4. Disclosure of all activities the organization has conducted on City property, or
with City funds;
5. An account of organization's performance as established in agreement with
the City. Such performance measurement standards shall be negotiated at
the time agreement is entered into, and reflected in said agreement. The
agreement shall also identify to whom the report is to be addressed and
establish the dates when it is due to the City.
6. Information on the total revenue received by the organization during the
reporting period and disclosure of the sources of that revenue.
Failure to submit to the City the required performance reports shall make the organization
ineligible for a continued financial relationship, agreement, etc. with the City of San Juan
Capistrano.
Attachment 4
0 0
THE CITY OF
SAN JUAN CAPISTRANO
N
A
Consideration of License Agreement for Use of
Portion of the Stonefield Community Building
(CREER-Comunidad Y Familia)
N
Stone Field Community Building
31322 Camino Capistrano
3000 6000 9000 Feet
Attachment 5