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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