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AGENDA REPORT
BY: .
TO: The Honorable City Council
FROM: Mary Lindley, Parks, Recreation & Community Services Director
BY: Stephanie Shaw, Recreation Supervisor
DATE: January 16, 2009 (Meeting of February 18, 2009)
SUBJECT: Consider Adopting the Community Services Cancellation and
Withdrawal Policy
BACKGROUND
Since incorporation, the City has offered fee -based recreation programs to the public.
Over the years, staff have implemented various administrative refund procedures and
practices, generally geared toward recreation classes and sports leagues. Initially, all
fees were deemed non - refundable, except in cases where programs were canceled by
the City. Over time, allowances were made for refunds of fees paid when the participant
withdrew from a program. In 1998, the City converted to a computerized registration
system which made it possible to track and easily administer fee credits and as such,
credits were incorporated into the refund procedures. In an effort to be more customer
service oriented, the current procedures provide for refunds, credits, and transfers, with
certain limitations. These refund procedures are always provided to customers in writing
in the City's quarterly recreation guide. Certain programs, such as Camp Moorpark,
have had separate procedures which were provided to customers in writing in the camp
packet. There is no comprehensive Council adopted policy at this time. The City Council
is being asked to formally adopt such a policy.
DISCUSSION
Staff's proposed Cancellation and Withdrawal Policy for Recreation Programs (see
Attachment A) addresses the manner in which fees paid for recreation programs will be
handled in the event a program is cancelled by the City or the participant wishes to
withdraw from a program. It attempts to balance good customer service with efficient
management of recreation programming. It is written as a comprehensive policy to
include all programs offered by the Recreation Division and Active Adult Center. Most
of the classes and programs offered by the Active Adult Center are free however, when
supplies and materials are used, staff has included a fee.
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February 18, 2009
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The Policy allows for the refunding, crediting, or transferring of fees paid for programs
canceled by the City prior to the start date. On rare occasions, programs may be
canceled by the City after the start date due to scheduling conflicts, lack of an instructor,
or other unanticipated problems such as the use of the Recreation Center by Fire
agencies and others during an emergency. In these circumstances, fees will be
refunded, credited or transferred on a pro -rated basis.
The Policy also addresses how fees will be handled in the event a participant wishes to
withdraw from a program. Fees may be refunded, credited, or transferred to another
applicable program, less the processing fee and any other costs incurred by the City or
instructor, if requested within the prescribed time frame. Participants may communicate
their intent to withdrawal by phone, email, fax or in person.
Withdrawal Time Frame
• One -day programs and day camps (including but not limited to individual camp
days, workshops and other single -day classes, and registered events): One
business day prior to the Program date.
• Programs consisting of two or more meeting dates (including but not limited to
multi- session classes and individual registration sports leagues [JBL]): Prior to
the start of the 2nd meeting date.
• Sports Leagues and Tournaments (including all team registration programs; only
team managers may submit withdrawal requests): Prior to the posting of the
game schedule or five business days before the first scheduled game, whichever
occurs first. Due to the organizational nature of certain sports leagues and
tournaments, individual players wishing to withdraw must seek any available
refunds through team managers.
The Policy defines the application process, the manner in which fees will be processed
for refunds, credits, and transfers and definition of terms including non - refundable fees.
Additionally, the Policy includes a Right of Appeal section, allowing participants to
appeal a denial in the event of unusual circumstances.
If approved, the Policy will be incorporated in the City Council Policies Resolution the
next time it is presented to Council for an amendment.
FISCAL IMPACT
None.
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STAFF RECOMMENDATION
Approve the proposed Cancellation and Withdrawal Policy and directing the Policy be
incorporated into the City Council Policies Resolution on the next amendment.
Attachment A: Draft Policy
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Attachment A
SECTION 1. COMMUNITY SERVICES RECREATION AND ACTIVE ADULT
PROGRAM CANCELLATION AND WITHDRAWAL POLICY
1. Purpose
The purpose and intent of the City Council in adopting the Cancellation and
Withdrawal Policy is to provide direction to staff and the public relating to the
refunding, crediting, or transferring of fees paid for program cancellations or
withdrawals.
2. Definitions
"Director" shall mean the Parks, Recreation and Community Services Director or
such successive position as determined by the City Manager.
"Program" shall mean any recreation activity offered by the City of Moorpark,
including but not limited to classes, camps, sports leagues and special events. A
"Program" shall further be defined as having a unique activity or Point -of -Sale
code.
"Participant" shall mean the individual enrolled in a Program, or if under 18 years
of age, his /her parent or legal guardian.
"Payee" shall mean the individual who paid the Program fees, or if under 18
years of age, his /her parent or legal guardian.
"Cancellation" shall mean the discontinuing of a Program that is initiated by the
City.
"Withdrawal" shall mean the withdrawal from a Program initiated by the
Participant.
"Refund" shall mean refunding monies paid directly to the Payee.
"Credit" shall mean applying credit to the Payee's account at the Arroyo Vista
Recreation Center or Active Adult Center.
"Transfer" shall mean applying monies paid for a Program to another Program.
"Non- Refundable Fees" shall mean fees which cannot be refunded, credited, or
transferred by the City. Such fees include but are not limited to Active Network
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convenience fees, instructor lab fees, and any other fees not collected by the
City.
3. Cancellations Initiated by the City:
A. Programs cancelled prior to the first meeting date
Fees paid shall be refunded, credited, or transferred in full for Programs
cancelled by the City prior to the first meeting date. The Convenience Fee
identified in Section 2 under Non - Refundable Fees cannot be refunded,
but will be credited or transferred. Every effort will be made to reschedule
cancelled programs.
B. Programs cancelled after the first meeting date
Fees paid shall be refunded, credited, or transferred at a pro -rated rate for
Programs cancelled by the City after the first meeting date, less Non -
Refundable Fees as defined in 2.
4. Participant Initiated Withdrawals
A. Application Process
In order for Refunds, Credits, or Transfers to be processed for
Withdrawals, the Participant must submit a request to the City. Requests
for Withdrawal must be submitted by the Participant via telephone, e-mail,
fax or in person to an authorized City staff member.
B. Application Period
Requests must be received by the City within the prescribed time frame as
indicated below in order to be considered. Requests must be received as
follows:
One -day programs and day camps (including but not limited to individual
camp days, workshops and other single -day classes, and registered
events): One business day prior to the Program date.
Programs consisting of two or more meeting dates (including but not
limited to multi- session classes and individual registration sports leagues):
Prior to the start of the 2nd meeting date.
Sports Leagues and Tournaments (including all team registration
programs; only team managers may submit withdrawal requests): Prior to
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the posting of the game schedule or five business days before the first
scheduled game, whichever occurs first.
5. Refunds, Credits, and Transfers
A. General Conditions
Any costs incurred by the City or a contract instructor including but not
limited to uniforms, supplies, or equipment provided to the Participant, will
be deducted from Refunds, Credits, or Transfers.
B. Refunds
Refunds will be made to the original Payee only. Refunds will be
processed based on the original payment method. For credit card
payments, fees will be refunded to the credit card account used to pay the
fees. For cash or check payments, fees will be refunded via check within
four weeks. in addition to deductions as stated in 5A, a $10 processing fee
will be deducted from all refunds resulting from participant initiated
refunds. The $10 processing fee will be waived for Programs canceled by
the City.
C. Credits
Credits will be applied to the Payee's account at the Arroyo Vista
Recreation Center or Active Adult Center. Credits may be applied toward
fees for other Programs or park or facility rentals. Credits are valid from
the date of issue until the end of the fiscal year. Credits not used by the
end of the fiscal year will be refunded in accordance with the process
described in 5B.
D. Transfers
Participants who withdraw from one Program may transfer into another
Program. If the cost of the Program being transferred into exceeds the
fees available from the withdrawn Program, the balance due must be paid
at the time of the transfer. If the cost of the program being transferred into
is less than available fees, excess fees will be refunded or credited to the
Payee.
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6. Special Conditions and Interpretation
The Director may designate fees for certain programs as non - refundable.
Written notice will be posted at the registration window or admission booth
indicating fees which are non - refundable. Event admission fees are an
example of a fee that is non - refundable.
In the event of unique circumstances not specifically and clearly
addressed in this policy document, the Director is authorized to make
interpretations of this policy and render a decision.
7. Right of Appeal
A Participant has the right to appeal the decision by City staff to deny a
Refund, Credit, or Transfer. An appeal must be filed in writing to the City
of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5)
business days of receiving notification of the denial. The City Manager or
his /her designee will affirm or deny the appeal in five (5) business days.
The decision of the City Manager or his/her designee shall be final.
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