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HomeMy WebLinkAboutAGENDA REPORT 1996 0918 CC REG ITEM 10KCity of Moorpark Agenda Report TO: Honorable City Council FROM: Richard Hare, Deputy City Mana e SUBJECT: Consider Lease Agreement Between Moorpark American Youth Soccer Organization (AYSO) and the City for Use of Arroyo Vista Community Park Facilities (Meeting of 9/18/96) DATE: September 11, 1996 Background EM - AYSO has used City facilities for their program for the last three years. During this time it has been the intention of the Community Services Department to develop a formal agreement with AYSO and other youth sports organizations which would clarify facilities use arrangements. The lease agreement between AYSO and the City for use of the snack bar and fields would be the first such agreement. It will serve as a model for future agreements and should address liability, maintenance and cost sharing issues, to name a few of the many issues which will be included. The soccer fields at Arroyo Vista Community Park and the associated snack bar are available for use this soccer season. AYSO would like to secure the use of these facilities for their program from September through November. AYSO is currently using the fields and the snack bar without an agreement in place, but with the understanding that we would enter into an acceptable agreement before the end of the season. The draft lease agreement was provided to the City Council under separate cover. The City Attorney has not had an opportunity to review the agreement prior to distribution to the City Council. Since the season was already underway, staff felt it was necessary to move this item forward for discussion so that it can be concluded as soon as possible. It is not staff nor AYSO's intention that the lease agreement be considered for approval at this meeting, but that it be scheduled for consideration for approval at the 10/2/96 meeting which will allow the City Attorney and the AYSO Board an opportunity to review the draft lease agreement. Staff has met with the President of AYSO, Bruce Levy on two occasions and has had several phone contacts with Mr. Levy on the status of this lease agreement. Mr. Levy has also expressed concerns about the charges incurred for the use of the Arroyo Vista Community Center. AYSO is being charged $25 per hour for use of a room for meetings, per City Council Resolution 94- 960911.090 0v016h 1067 (eff. 9/21/94). AYSO will use the Community Center room for approximately 100 hours this fiscal year. The meeting room is used for sign -ups, coaches clinics, and board meetings. AYSO was not charged for the use of the meeting room last year and it was their understanding that they would not be charged this year, however, staff has applied the normal charges for use of the facilities and has invoiced AYSO for payment. As Mr. Levy has pointed out, AYSO has already set their budget and their fees for the season and the additional expenses for room charges were not included. They would therefore be unable to maintain their commitment to the City for support of the snack bar ($5,000) as outlined in the draft lease agreement, if they also have to pay for the use of the meeting room this year. AYSO is requesting that the fees for the meeting room be waived and that they be limited to 100 hours of use on a second priority basis. As a second priority reservation their meeting times would be subject to change if a fee reservation is received with two weeks in advance of the meeting date. They would also be responsible for their own setup and cleanup. More snack bar improvements are also required which AYSO has indicated a willingness to do. They have expressed an interest in providing a microwave and a refrigerator. It is suggested that these improvements could be considered an offset to the room rental for this year. Recommendation 1. Review the draft lease agreement and provide direction to staff for preparation of the lease agreement in final form; and 2. Authorize staff to accept improvements to the snack bar to include; but not limited to, a microwave, and a refrigerator in -lieu of fees for a maximum 100 hours of room use through December 31, 1996 stipulating that AYSO will be responsible for setup, cleanup and be a second priority reservation. 960911.090 JUL 18 196 12:36 From: Bruce A. Levy Date: July 18, 1996 To: Dot Vandeveer Time: 12:44 PM Company:✓ City Clerk, City of Moorpark FAX #: (805)529 -8270 -�bq x�(� Regarding: Moorpark AYSO's Request For Waiver of Facilities Rental Fees, Dear Dot; P.1 Enclosed, please find a formal letter detailing the above request. As we had previously discussed, please copy and distribute this letter to the following: All City Council Members and the Mayor The City Manager The Deputy City Manager The Parks and Recreation Department Staff at Arroyo Vista Park If there are any other interested parties, please also distribute a copy to them. Please call me at (805)523 -1798 or (310)540 -0133 Daytime to confirm that we are on the agenda and will be heard at the council meeting of August 7, 1996. Thank You so much for your help. Sincerely; VOICE: (310) 540 -0133 FAX: (310) 325-8868 Cr JUL 18 196 12:36 Moorpark AYSORegion 363 PA. Box 241, Moorrwk CI. 93020 (805)523 -1798 July 17, 1996 City of Moorpark, City Council 799 Moorpark Avenue Moorpark Ca. 93021 D.z Regarding: Fees charged for the use of the facilities at Arroyo Vista Park Community Center as per "Rules and Regulations" adopted by City Council in Resolution 94 -1067, effective September 21, 1994. Request: That fees charged, as set forth in the above resolution, by the City of Moorpark, (The City), for the use of the facilities at the Arroyo Vista Park Community Center, (The Facilities), upon the American Youth Soccer Organization, Moorpark Region 363, (AYSO) be waived. Due to the potential financial hardship imposed upon AYSO, please consider this request at the City Council Meeting to be held Wednesday August 7, 1996. Alternative Proposals Rather than charge AYSO for the use of the Facilities, it would be in everybody's greater interest to allow the AYSO program to continue it's donation program. AYSO will continue to donate toward the improvement of the Facilities. However, AYSO would be able to direct the donations toward areas which would benefit the AYSO program best. (For instance towards the construction and equipment needed at the Snack Bar.). Reasons for this Request: 1. AYSO received inadequate and untimely notice of the City's intention to charge for the use of the Facilities. The City had notified AYSO in a sudden manner and only after AYSO's registration and 1996 budgeting process was completed. Had AYSO received more timely notice, AYSO would have been able to adjust it's budget and increased it's registration fees accordingly. AYSO would have been able to pass these fees on to it's membership as a surcharge by the City via the registration process. 2. Without a waiver, planned activities involving the use of the Facilities by AYSO would have to be curtailed. Activities such as coaches and referee training, the NYSCA certification program, regional board meetings, coaches meetings and other volunteer activities would possibly be cut back as funds allocated to these items would have to be diverted to fees imposed by the City. More likely, however, funds set aside to donate to the City for the construction of a snack bar along with funds set aside to purchase equipment for the snack bar (i.e. Refrigerator, Oven, etc...) would be diverted to these rental fees. JuL 18 '96 02:22 PAGE.02 JUL 18 '96 12:37 P.3 3. AYSO and it's members have already paid for and have earned the privilege to use the Facilities through taxes, donations and their voluntary efforts. I am sure the City is well aware of the argument that we already pay for these Facilities through taxes imposed and through allocation of Property Tax assessments. It should, however, be noted that AYSO has in the past and will continue to donate funds to the City of Moorpark for the improvement and maintenance of the Park and the Facilities. (Please note that we are presently committed to a donation for the construction of the snack bar. It is also our present intention, if funds are available, to provide much of the equipment needed to furnish the snack bar). It should also be noted that AYSO gives back to the City of Moorpark in other ways. For instance through the AYSO scholarship program, AYSO allows financially disadvantaged kids the opportunity to play soccer for free. Approximately 100 kids have taken advantage of this program in 1996. This equates to an equivalent donation of approximately $5,000. Events Leading to the Above Request: Since the inception of the Community Center, AYSO has never been charged for the use of the Facilities. The Organization has always enjoyed the quiet use of the meeting rooms as well as the park itself. On or about June 11, 1996 the Facilities were reserved by AYS0 for a meeting to be held June 26, 1996 from 7:30 - 9:30 PM. As always, this was done through Dale Summersille, Parks and Recreation Department. As always, she had asked for at least 2 weeks advance notice. The only stipulation was that no other conflicting activity be scheduled for the meeting room on the night of AYSO's meeting. Reservations were made without incident. At approximately 3:OOPM June 25, 1996, AYSO Commissioner, Bruce Levy, was notified by Dale, that in order to hold a meeting, we would have to fill out an application and pay the required $25 per hour fee in accordance with the rules and regulations as adopted by the City Council. When our anger and disappointment were expressed, we were referred to the Deputy City Manager, Richard Hare. Mr. Hare was kind enough to waive the rental fees for the meeting of June 26, 1996 recognizing that it would be too late to cancel the meeting. He also forwarded a copy of Resolution No. 94 -1067 and suggested we take this matter up with City Council. To date we have talked briefly with Councilmembers, Bernardo Perez and Patrick Hunter. Councilman Perez had suggested a meeting between Bruce Levy, Richard Mare and himself to further discuss this situation. This meeting is scheduled for Monday July 22, 1996 7:00 PM at City Hall. Councilman Hunter suggested AYSO draft this letter formally requesting a waiver of fees. He said that if it was possible, the City Council would consider our request at their next council meeting. In the meantime, Mr. Hare has notified us that unless he is directed otherwise by the City Council, he has the obligation to carry out the directives as set forth in Resolution No. 94 -1067 and had no choice but to charge us a fee for the use of the Facilities. Needless to say, we at AYSO are deeply disappointed at this turn of events. We have always felt that we had a good relationship with the City, knowing that many of it's servants also currently JUL 18 '96 02:22 PAGE.03 4, JUL 18 '96 12:38 volunteer or have been affiliated with the AYSO Program. However, judging by this resolution and the sudden and abrupt manner in which it is being applied, we are threatened by the City's arbitrary use of power. We also have doubts regarding the City's support of the AYSO soccer program. Background: Moorpark AYSO is part of a larger national organization with a total membership of approximately 700,000 players. Locally, AYSO has 1,100 kids currently registered and will more than likely reach 1,200 by the time the fall season starts. This qualifies AYSO as the largest single youth sports organization in town. It is also probably the largest single private organization in town, (If you doubt this, consider the AYSO participation in the annual Moorpark Country Days Parade). It is estimated that over 900 families are members of AYSO and that translates into approximately 1,800 voting adults. It is important to note that in addition to AYSO's basic philosophy, (e.g. "Everyone Plays ") this program as well as the National program is 100% volunteer based. Unlike other sporting organizations which may pay for outside coaches or officials, no one in this organization is paid a dime for his/her services. Because of this and because it is a simple game with minimal required equipment, we have been able to keep fees at a level affordable to all within Moorpark. AYSO is proud of it's track record and popularity within Moorpark. As discussed earlier the Scholarship program, which allows anyone to play regardless of his/her ability to pay, has been a huge success. In addition, AYSO is reaching out to kids with special needs by starting it's "VIP" Soccer Program this year. We are also exceedingly proud of our donation of time, money, equipment and labor to the City and the School District, over the years. However, we are most proud of the fact that we have created an inclusive environment for soccer rather than an exclusionary one. So what does all this have to do with the issue at hand? Plenty. First of all because of all the volunteers it takes to run this kind of organization our meetings generally require additional space. There are currently 35 Board Members and Key Volunteers. A board meeting of this size is best suited for the Community Center. There are over 200 coaches and assistant coaches who need training, (such as the City sponsored NYSCA Certification Program, which we were to adopt this year). Again, the Community Center is an ideal place to hold such meetings. Again we have over 75 people interested in the referee program. How about a place to register over 1,000 kids? We were under the assumption that the Community Center was designed for the use and enjoyment of the citizens of Moorpark. I believe that as Moorpark AYSO is an activity for the citizens of Moorpark and their kids, AYSO activities at the Facility are in line with the Park's original design and intent. Conclusion: We, the members of Moorpark AYSO, as citizens of Moorpark do not feel that it is right to be charged for the privilege of using these Facilities. First, we were not given any advance notification of the City's intent to charge us for the use of the Facilities. Second, raising registration fees in the future to cover the cost of these charges will create an additional financial burden on AYSO and it's members. Third, AYSO contributes in other ways. Please allow us to continue the quiet use and enjoyment of the facilities without fee. And, please allow us to continue with our donative efforts which not only help AYSO but help the City as well. Moorpark, AYSO Region 363 PAGE. 04 JUL 18 '96 12:39 Moorpark AYSO Schedule of Events and Facilities Usage 1996 Season Approximate Event Per Hour Event Date Duration Charge Totals Exit meeting / New Board Member orientation Feb 4 25 100 New Season Planning Mar 3 25 25 75 75 Registration Planning Apr 3 5 25 125 Registration -1 Apr May 5 25 125 Registration - 2 May 3 25 75 Board of Directors Meeting 5 25 125 Registration - 3 June 3 25 75 Board of Directors Meeting June 3 25 75 Board of Directors Meeting July 3 25 75 Division Directors Meeting July 2 25 50 Coaches Clinic July July 4 25 100 Referees Clinic NYSCA Certification - Meeting 1 July /Aug 3 25 75 NYSCA Certification - Meeting 2 July /Aug 3 25 75 75 Coaches Meeting - Handout Teams July /Aug 3 25 50 Coaches Clinic Aug 2 4 25 25 100 Referees Clinic Aug 3 25 75 Board of Directors Meeting Aug 3 25 75 Referees Meeting Aug 3 25 75 Team Parent / Volunteer Coordinator Meeting Aug Uniform Handout Aug 2 3 25 25 50 75 Division Directors meeting Aug 3 25 75 Board of Directors Meeting Sep 25 75 Coaches Meeting Sep 3 3 25 75 Board of Directors Meeting Oct 3 25 75 Referees Meeting Oct 3 25 75 All -Star Committee Meeting Oct 25 75 Board of Directors Meeting Nov 3 75 All -Star Committee Meeting Nov 3 25 75 Coaches Exit Meeting - Boys Nov 3 25 75 Coaches Exit meeting - Girls Nov 3 — ------- 25 ...... 99 2475 Note: Times are only estimates a.6 JHL 12 '96 02 :24 PAGE.06