City of San Juan Capistrano Agenda Report. Honorable Mayor and Members of the City Council ~ Siegel, City Manager

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1 5/17/2016 TO: FROM : SUBMITTED BY: City of San Juan Agenda Report Honorable Mayor and Members of the City Council ~ Siegel, City Manager Dori Budde, Director of Community Services y.ai/'a- ~ {) f:> E1b DATE: SUBJECT: May 17, 2016 Consideration of Full Fee Waiver Request for Field of Honor Memorial Day Event (Homefront America) RECOMMENDATION: By motion, approve a full fee waiver, in accordance with Administrative Policy 606, in the amount of $2, for an eleven (11) day Field of Honor Display in support of Memorial Day, at Los Rios Park from May 20-31, EXECUTIVE SUMMARY: Homefront America, a nonprofit organization, will be hosting a Field of Honor event at Los Rios Park, in support of Memorial Day, from Saturday, May 21, 2016 to Tuesday, May 31, 2016, and is seeking a full fee waiver for the facility rental fees. DISCUSSION/ANALYSIS: Homefront America is an all-volunteer San Juan based 501 c3 nonprofit organization that supports military families, including families and Marines/Sailors of 1st Battalion, 11th Marines (1/11 ). Homefront America will be displaying American flags at Los Rios Park in support of Memorial Day from Sunday, May 22, 2016 to Monday, May 30, 2016, to pay homage to those who have served, and are currently serving their communities, as first responders and members of the military. The flags will be installed on Saturday, May 21, 2016 and removed on Tuesday, May 31, 2016 (Attachment 2). Homefront America plans to display as many as five hundred (500) 3' x 5' flags that are secured to the ground with posts standing seven (7') feet tall. The flags will be displayed five (5) feet apart in the wood-chip covered "meadow" portion of Los Rios Park between the playground and the barbeques (Attachment 3). The flags will remain in place twenty-four (24) hours a day during the rental period. Consistent with flag etiquette, the flags will be softly lit at night using four (4) temporary posts installed around the perimeter of the meadow, each fitted with a solar light fixture ten feet (1 0') above ground.

2 City Council Agenda Report May 17, 2016 Page 2 of 3 Field of Honor Displays have been hosted in more than 500 communities throughout the United States, but this will be the first in South Orange County. Homefront America plans to engage the media to assist in marketing the event. It is anticipated that the Field of Honor Display will be enjoyed by San Juan residents and will draw many visitors to the downtown area. Homefront America estimates that their cost to host the Field of Honor Display is approximately $10,000, which includes, but is not limited to: the licensing fee, flags, installation kits, shipping, and handling. They plan to rely on private sponsorships and sell the flags for $50 each in advance as a fundraiser to offset costs of the event. Net proceeds from the event will benefit Homefront America's programs for military families. Commissioner Kim McCarthy prepared and presented an Agenda Memorandum at the March 21, 2016 Parks, Recreation, Senior and Youth Services Commission meeting requesting a full fee waiver on behalf of Homefront America. The Commissioners voted to recommend the fee waiver to City Council for consideration and approval (Attachment 4). FISCAL IMPACT The portion of Los Rios Park that will be used for the Field of Honor event, from May 20-31, 2016, does not include picnic benches or barbeques. As such, only a portion of the Park will be unavailable for other rentals. Consequently, other small scale rentals may still be possible in other areas of Los Rios Park during the event. The Park rents for $24.83 per hour, resulting in a potential loss of revenue in the amount of $2, to the City. ENVIRONMENTAL IMPACT: t applicable. PRIOR CITY COUNCIL REVIEW: t applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: At the March 21, 2016, Parks, Recreation, Senior and Youth Services Commission meeting Commissioner Kim McCarthy submitted an Agenda Memorandum requesting a full fee waiver on behalf of Homefront America, which was recommended by the Commission for City Council approval (Attachment 4). Commissioner McCarthy will attend the City Council meeting to answer any questions that may arise.

3 City Council Agenda Report May 17, 2016 Page 3 of 3 NOTIFICATION: Parks, Recreation, Senior and Youth Services Commission Jerry Nieblas ATTACHMENT(S): Attachment 1- Administrative Policy #606 Attachment 2- Documentation from Homefront America Attachment 3- Map of Los Rios Park showing Field of Honor site plan Attachment 4- March 21, 2016 Parks, Recreation, Senior and Youth Services Commission Agenda Memorandum and minutes

4 ADMINISTRATIVE POLICY DATE ADOPTED 4/16/96 POLICY NO. 606 REVISED 2i16/99 REVISED 11/02/99 REVISED 09/05/00 -.REVISED 11/21/05 qity MANAGER -~""" ~ PAGE,_.!1_ OF ~ SUBJECT: RB~UESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY.'f=ACIIJnes (I.E.'.PARKS, BUILDINGS, ATHLETIC FIELDS AND : GYMNASIUM) PURPOSE: To establish a policy with procedures definin'g 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 socl~l benefits to the City, while nur;:turing and encouraging positive relationships among those organizations whose work behefits the overall City. iherefore, 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 Pollce-.Services. Criteria for Conslde.ratlen of Fee Reductions or Waivers A. The partial or total waiver of fees for facilities shall be limited to: Southern Orange County-based not-for.. profit organizations that provide service to San Juan residents. Regionally-based not-for-profit health organizations that provide health-related service to San Juan resid.ents (i.e. American Cancer Society, American Diabetes Association-, American Heart Association, American Red Cross, City of Hope). San Juan businesses hosting an activity that is for the benefit of the community; the business will NOT receive m_onetary 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 ln~kind_ services (i.e. equipment, donations) Significant number of volunteer service hours ATTACHMENT 1

5 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE --=-2_0F. SUBJECT: c. D. REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) The Director of the Community Services Department shall be authorized to grant up to a 25% reduction in facility rental fees.. The City Manager shall be authqrized to grant up to a 25% reduction in facnlty rental fee.s... E. The City Council shall be authorized to grant up to a 50% reduction in facility rental fees. F. Unified School District (GUSD) MAY receive a fee reduction/waiver for a City facility when requested for activities such as: Teacher In-services trainings Administrative trainings/meetings If room set-up/take:down Is required, CUSD shall be Fesp onsible for those. staffing costs. If any portion of the request Is before/after regular business hours, costs asso~lated with staff supervision of the.facility duriag those hours shall be the responsibility of CUSD.. For all facility usage., CUSD shall be required to submit the refundable cleaning arid 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 usag.e, performances, or activities that are an extension of a classroom. G. Decisions regarding the granting of fee reductions or waivers should taka into consideration the following criteria: 1. Hpw 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? 3. To what extent does the activity being held benefit the community as a whole? 4. How many of the proposed attendees are residents of San Juan? 5. Has. City staff identified facility location alternatives to minimize City costs and revenue loss to the City?

6 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE,.....=3_0F~ SUBJECT: REQUESTS FOR FEE -REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM). 6'. 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 businesses requesting consideratio;n for a fee reduction musfprovide 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 ug" on page. 2 of this policy. This letter is to ~e add~essed 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 Depe~rtment 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 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.

7 ADMINISTRATIVE POLICY POLICY NO. 606 PAG'E. 4 OF -.J! SUBJECT: REQUESTS FOR FEE REDUCTIONS. OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) The organization must submit the following:. M If incorporated, submit copy of State Incorporation papers anq bylaws. M If not incorporated, submit copy of constitution and/or bylaws. The organization's. membership must be at. least 51% San Juan residents. "'. ~ Attach current membership roster with complete addresses, including zip codes. Appeals Any applicant aggrieved by any decision rendered by the City shall have ~he 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 Manag~r. Such written ~ppeal shall briefly state the action or decision appe aled from the basis for such appeal. \ B. Upon receipt of such appeal, the City Manag ~ rshall. schedule a merting with the renter/applicant and shall hear and consider any relevant ora'l 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. rcity Council consideration.

8 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE 5 OF_] SUBJECT: REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES '(I..E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) CATEGORY.. PRIORITY CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY PARK.RENTALS <.. CLASSIFICATION ELIGIBLe FOR CONSIOERA TION FOR FEE REDUCTI~N? I= \ A San Juan Residents/n- Profits 1 San Juan Caplstrano~based non~proflt organizations I 2 San Juan residents I 'B San Juan Businesses and n-s~n Juan n~proflts 3 San Juan businesses conducting activities to benefit the community 4 san Juan businesses conducting activities to benefit their bu$1ness 5 n-san Juan non-profit organizations ' - c n-san Juan Residents and Businesses, 16 n-san Juan residents I -., 7 n-san Juan Caplst~ano businesses

9 ADMINISTRATIVE POLICY POLICY NO. 606 PAGE ~6- OF _SUBJECT: REQUESTS FOR FEE REDUCTIONS ORWAIVERS FOR RENTALS OP CITY FACILITIES (I.E. PARKS, BUILDINGS} ATHLETIC FIELDS AND GYMNASIUM) CATEGORY ;.,. PRIORITY A 1 San Juan Residents/n~ Profits CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY BUILDING RENTALS ' CLASSIFICA_TION San Juan capistrano-based non-profit organizations ELIGIBLE FOR CONSIDERATION FOR FEE REDUCTION?. 2 San Juan residents B 3 san Juan Businesses and n-san Juan 4 n- P~ofits c 6 n-san Juan C~pistrano Resid~nts and Businesses 5 7 San Juan businesses. conducting aotlvitles to benefit the cqommunlty San Juan businesses conducting activities to bene.fit their business n-san Juan non-profit organizations pr<wldlng service to San Juan residents n-san Juan residents n San Juan businesses -

10 ADMINI STRATIVE POLICY POLICY NO. 606 PAGE,_7_ OF J! 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 FIELDRI;NTALS PRIORITY ~ '. Cl-ASSIFICATION - ELIGIBLE FOR CONSIDERATION FOR FEE REDUCTION? 1. City-sponsored or co-sponsored events, or any use mandated by City-approved lease or agreements 2. Programs run by nationally recognized youth sport groups which are. based in San Juan 3. Programs run by organized senior groups which are'based In San Juan , 6. Programs run by private; not-for"proflt schools which are based In san Juan... Club teams/invitational-only teams which are run by natlona'lly recognized youth sport groups and which are based in San Juan ~ - Programs run )by organized youth and/or adult sport groups based In san Juan - 7. t-for-profit communlty/recreatlonal/e ducational/publlc service groups which are based In san Juan ; San Juan Caplstrano~based business (not-for-profit use, or conducting activity that benefits the community) ' San Juan resident 10. San Juan Caplstrano~based business (for profit use) 11' nresident Individual or group (not-for-profit use) N.o 12. nresident Individual or group (for profit use)

11 ADMINISTRATIVE POLleY POLIC'( NO. 606 PAGE.!:!.,8_ OF _J! SUBJECT: REQUESTS FQR FEE REDUCTIONS OR WAIVERS FOR RENTALS OF CITY FACILITIES (I.E. PARKS, BUILDINGS, ATHLETIC FIELDS AND GYMNASIUM) CATEGORY CATEGORY I San Juan Residents/ n~profits - ' PRIORITY CATEGORY II 9. San Juan Businesses 10. and n-san Juan 11 ' n-profits CATEGORY Ill n-san Juan Residents and Businesses 12. I' CITY OF SAN JUAN CAPISTRANO COMMUNITY SERVICES DEPARTMENT FEE REDUCTION ELIGIBILITY CITY GYMNASIUM RENTALS... CLASSIFICATION City-sponsored or co-sponsored events, leagues and programs. City-approved lease or agreement such as the Boys and Girls Club. Programs conducted by nationally recognized not-for-profit youth-sport groups with open enrollment, which are established In San Juan. Programs conducted by nationally recognized not-for-profit adult and senior citizen sports groups with open enrollment, which 1 are established In San,Juan. t~for-profit community/recreational/educational/public service groups which are established in San Juan. Club teams/invitational-only teams run by nationally recognized youth sport groups, which are established in San Juan. San Juan -based non-profit private. schools using the gymnasium for a not~for-profit use, or conducting an activity that benefits the community. San Juan ~based non-profit private schools using the gymnasium for a private activity, or an activity that does NOT benefit the community, Buslnesl;>es and private schools located in San Juan using the gymnasium for a not-for-profit use, or conducting activity that benefits the community, Businesses and private sports camps that are located in San Juan using the gymnasium for profit use. t-for-profit community/educational/public service groups which are not established In San Juan. Businesses and private sports camps th,at are not located in San Juan using the gymnasium for profit use. ### ELIGIBLE FOR CONSIDERATION FOR FEE REDUCTION? ' :

12 mer1ca Supporting Military 2011 March 22, 2016 Ms. Dori Budde, Interim Community Services Director CITY OF SAN JUAN CAPISTRANO Camino del Avian San Juan, CA Dear Ms. Budde, Homefront America is a San Juan based 501c3 nonprofit organization with headquarters located at Del Obispo., Suite 101 at Plaza de Prosperidad. The organization received its tax exempt status in July of 2005 and is staffed 100% by volunteers. It is the organization's desire to bring together San Juan and neighboring residents, as well as businesses, to construct a spectacular display of several hundred American flags at Los Rios Park from May 21 to May 31, This display shall be referred to as "Field of Honor." There are currently several hundred Field of Honor flag displays across the country, and San Juan will be the first South Orange County City to host such a display. The purpose for these displays is to remember the lives lost on 09/11, lives lost post 09/11 on the battlefields of Afghanistan and Iraq, as well as to recognize the services of our active duty military, veterans, and first responders. Five years ago, we had the opportunity to visit a Field of Honor@. That experience was life changing. From the moment we stepped foot on to the field, we both experienced an overwhelming feeling that is simply indescribable. One has to truly experience it to feel the magnitude of its power and force. Flags will be posted on Saturday, May 21st, with public display from Sunday, May 22nd to Monday, May 30th (Memorial Day), and removed on Tuesday, May 31st. Each flag measures 3'x5' and is secured to the ground with a 7'post, standing in solemn formation, 5' apart. The cost to host a Field of Honor is estimated at a minimum of$ 10,000. To help offset the cost of the display, we are reaching out to the community to help sponsor flags. Net proceeds from flag sponsorships will benefit programs for military families. Sponsors can choose to dedicate a flag(s) to honor their special Hero(es), or to simply show their support for those who put themselves in harm's way to protect our way of life, at home and aboard. It is our understanding the Parks & Recreation Commission voted at its March 21, 2016 meeting to submit to Council; its recommendation for a full fee waiver; on behalf of Homefront America to utilize Los Rios Park for its Field of Honor flag display. We are grateful for the support of the commission and shall await Council's decision on the matter. Mailing Address: Paseo La Serna, San Juan, CA Office Address: Del Obispo, Ste I 0 I, San Juan, CA (949) info@homefrontamerica.org 50 I (c)(3) EIN: AITACHMENT 2

13 Meanwhile, please accept this letter for inclusion in your staff report to Council for their consideration. If you require additional questions, please do not hesitate to let us know. Our office number is and our addresses are: or Mamie Yong Maywhort Founder

14 ~~ IRS D~partment of the TreaSIII)' \ldzl"iji Intea nnl Revenu~ S~ lc c P.O. Box 2508 Cincinnati OH In reply refer to: Sep. 23, 2009 LTR 4168C EO BODC: TE HOMEFRONT AMERICA INC Y. MAMIE YONG MAYWHORT l""j PASEO LA SERNA ~~~ SAN JUAN CAPO CA ~ )7422 Employer Identification Number: Person to Contact: Tanya Morris Toll Free Telepho~e Number: Dear Taxpayer: This is in response to your request of Sep. 14, 2009, regarding your tax-exempt status. Our records indicate that a determination letter was issued in vember 2005, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(03) of the Internal Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)CA>Cvi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I

15 Homefront America Field of Honor Los Rios Park - 22 to.m 30, 2016 *.~ FIELD OF HONOR' Honoring Military, Veterans, & First Responders Sanjuan,CA Join us in transforming Los Rios Historic Park, San Juan, into a beautiful Field of Honor display of U.S. flags. The pageantry of Stars and Stripes, standing in solemn formation, will be on display from May 22- May 30, Bring the entire family to enjoy the spectacular sight, and to honor those who willingly defend our freedoms. Be a part of something Great. Help support the Field of Honor -SPONSORSHIP OPPORTUNITIES- FIELD OF HONOR"'- $1,000 Name in Media Logo on Field Banner and Website Name in Program Keepsake Sponsored Flag STARS & STRIPES - $750 Logo on Field Banner and Website Name in Program Keepsake Sponsored Flag LIBERTY- $500 CITIZEN- $250 FLAG(S) -$50 each Logo on Website Name in Program Keepsake Sponsored Flag Name in Program Keepsake Sponsored Flag for your Hero(es) or simply Keepsake Sponsored Flag to show your support Option to include a photo of your Hero and message with each flag Sponsor your flag on-line at or by mail Homefront America, Inc Paseo La Serna San Juan, CA te "Flag" on memo line The sight is awe-inspiring. The experience is life changing. Phone: (949) ,-w

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17 City of San Juan Agenda Memorandum 2 TO: FROM: Parks, Recreation, Senior and Youth Services Commission Kim McCarthy, Commissioner DATE: March 21, 2016 SUBJECT: Consideration of a Fee Waiver for Homefront America Field of Honor RECOMMENDATION: By motion, approve a full fee waiver for Homefront America Field of Honor I Los Rios Park May 22- May 30, SITUATION: Homefront America is a local group that supports the military and their families at Camp Pendleton. HFA is truly a charitable organization and is completely a volunteer operation. May 22-May 30 Memorial Week they will be honoring military, veterans, and first responders in San Juan 's Los Rios Park with a display of 500 U.S. Flags. Sponsorships of flags will be available and proceeds will go to support the many programs that HFA provides to the families at Camp Pendleton. ATTACHMENT 4

18 CONSENT CALENDAR: 1. MINUTES OF THE FEBRUARY 22, REGULAR COMMISSION MEETING APPROVED WITH THE FOLLOWING REVISION: Commissioner Crabbs moved to approve Minutes of the February 22, 2016, Regular Commission Meeting with the revision that she voted aye on the Cityrun, nprofit, Public Benefit Corporation, with the caveat that the Foundation could not incur debt. Commissioner McCarthy seconded. Commission voted unanimously to approve motion. Parks, Recreation, Senior and Youth Services Commission Meeting Minutes - 1-3/21/16