Loading...
HomeMy WebLinkAbout1999-11-15; Parks & Recreation Commission; 1199-7; Residency Requirements for Community GroupsI PARKS & RECREATION COMMISSION - AGENDA BILL AB# 1 199-7 TITLE : ~ FOR CARLSBAD COMMUNITY GROUPS 0 INFO ACTION MTG. DATE: 11-15-99 RESIDENCY REQUIREMENTS STAFF: BETTIN I (RESIDENT VS. NON-RESIDENT STATUS) I I RECOMMENDED ACTION : If the Commission concurs, continue to support the existing City policy for Facility Use Regulations, outlining classification requirements for resident / non resident status. ITEM EXPLANATION : A citizen representing community sports organizations in South Carlsbad is requesting a policy change in the Departments Facility Use Regulations (Exhibit 1). The request is to allow community groups in South Carlsbad to be comprised of a minimum of 51% residents in order to qualify as a resident organization. The existing policy requires a 70% Carlsbad resident membership in order to qualify for resident status (Exhibit 2). The City’s Facility Use Regulations presently outline six (6) categorical classifications. Priority use of City facilities and associated fees are based upon the following classifications as listed below. These classifications are listed in priority, with classification “A receiving highest priority, “B” second priority, etc. Summarily, the classifications (and priority) are identified accordingly: A. City programs. B. .Resident non-profit organizations (70% Carlsbad resident membership and non-paid management). C. Resident non-profit organizations (70% Carlsbad resident membership and paid management). D. Non-resident, non-profit organizations. E. Resident Businesses (Carlsbad address). F. Non-resident businesses. In terms of a historical perspective relating to resident / non-resident requirements, several changes have been instituted over the past twenty years. Prior to 1987 City policy required that only 75% of an organizations Board of Directors be comprised of Carlsbad residents in order to maintain resident status. In 1987 the criteria for an organization to receive resident status was reviewed by staff and recommended to be amended by City Council. The amendment reduced the percentage requisite to 51%. However, that percentage included all volunteers assisting with the operation of the organization and was not restricted to just the Board of Directors membership. 29 I AB# Page 2 that Council once again reconsider the criteria that establishes the resident / non-resident status. Staffs recommendation at that time was to amend the percentage rate and base that percentage rate upon the total number of individuals physically participating in the program. Staff believes this methodology represents a more accurate reflection of the resident /non-resident use of City facilities. Furthermore, staff recommended a 70% resident participation rate in an effort to guarantee that organizations serving the most Carlsbad residents would receive priority use of City facilities. With the adoption of the City’s operating budget, which also reviewed the establishment of facility fees, Council endorsed staffs recommendation and established the 70% rate and accounting methodology. That method of accountability remains in effect today. - In 1994, based upon increasing program participation and available resources, staff recommended Mr. Strayer has indicated that the sports organizations in the South East Quadrant can not comply with the 70% residency requirement. Based upon having long time non-resident participants in these leagues and the fact that this Quadrant is comprised of three school districts, he feels that they should be given special consideration to revert to the 51% requirement. Due to a readily expanding population in Carlsbad and the development schedule to provide for future athletic fields, staff continues to endorse the 70% requirement in an effort to provide priority scheduling for those organizations that provide service to the most Carlsbad residents. In addition, staff recommends that the resident requirement of 70% be consistent throughout all quadrants and be applied on a Citywide basis. ,- EXHIBITS: 1. John Strayer letter dated 10-21-99. 2. Classification of Applicants and Fees LA COSTA 35. ATHLETIC CLUB “2000” 17th ANNIVERSARY YEAR Mr. Ken Price, Director Community Services CITY OF CARLSBAD 1260 Carlsbad ViMage Drive Carlsbad, CA. 92008 Dear Ken, October 21,1999 Per our recent phone discussion, the La Costa 35 Athletic Club is troubled by the 70% resident rule. The rule was changed from 51% sometime back in 1993 or 1994, or close to those years. You recently informed me that this decision, whicb to my best information, was voted on by your staff, was blessed by both the Parks and Recreation Commission and the City Council. I recently met with Mayor Lewis and Councilwoman Finnila and found that both had no recollection of this change. The rule is troublesome, because it is now putting the LC 35 AC in a position where we will have to tell league participants who have played in our organization for as long as 10 years, that they can no longer play in our programs, due to the 70 % rule. Most of these persons live in the Encinitas area. - To the best of our knowledge there was little or no intormation given to La Costa 35 Athletic Club, La Costa Youth Organization and Leucadia / La Costa Soccer when this change was made. 1 believe it was made when I was back in New Jersey, and I did not find out about it in until we had problems with the rule, in 1998. Since the problem is also affecting La Costa youth, (Len Giuffre, President, 760-942-2471) and Leucsdia / La Costa Soccer, (Joan Chin, President, 760-602-0321), these leaders and their organizations are joining me and The La Costa 35 Athletic Club to call for a Parks and Recreation Commission Agenda Bill to review the 51 % to 70% rule. 39 EXHIBIT 1 The problem is not so much about paying a fee to use our city hlds but rather has to do with losing our priority status for obtaining the fields. These three organizations have pravided outstanding recreational programs for our citizens for the past 20 years. It was the Enchitas Ro-y Club members who helped develop the Levante recreational site before La Costa Heights School was built. Some of those people still play in La Costa 35 and could be asked to leave soon. The Carlsbad Southeast Quadrant is comprised of 3 sch-1 districts and our participants come, in many cases from school associations. Encinitas residents attend school and play in athletic events at La Costa Canon High School. For that and several other reasons, we get participaats from Encinitas. Before Carlsbad had fields, our residents used to play in Oceanside, Just ask John Mamaux or Bud Lewis, who were around at that time. 760-436-7277 Founder / Chairman Emeritus 7720 B. El Camiso Real, X135 La Costa 35 Athletic Club Carlsbad, CA. 92089 32 WE NEED YOUR HELP TO SOLVE OUR PROBLEM WITH CITY OF CARLSBAD REQUIREMENTS; ( NOVEMBER 15, 1999 AT 330 PM) TOT% P.02 33 CLAS ..‘ICATION OF APPLICANTS AND F 1 Each application will be reviewed by the Recreation Supervisor and classified into a group depending on the type of organization and the intended use. The Parks and Recreation Division’s activities have first priority for the use of the - Icilities. The classifications are listed in order or priority with classification “A” first, classification “By’ second, etc. The City attempts to accommodate all groups; however, there is a limited number of facilities. Unfortunately, the demand exceeds the supply. For that reason, a priority system for use had to be established. A. Parks and Recreation activities; Co-sponsored activities; other City departments Examples: Friends of the Library, Carlsbad Book Fair B. Carlsbad resident not-for-profit, civic, social organizations (non-paid management); any organization sponsoring a public fopm or candidates night; public education Examples: Carlsbad Rotary, La Costa Youth Organization, Carlsbad Softball Association, Carlsbad Youth Baseball, Boy Scouts, Carlsbad Homeowner’s Associations, Carlsbad Unified School District C. Carlsbad resident not-for-profit, civic, social organizations (paid management); private educational institutions Examples: Boy’s and Girl’s Club, Property Management Associations, Carlsbad Girl’s Club D. Non-resident not-for-profit, educational, civic and social organizations; resident private parties; resident religious; resident political candidate use for fund raisers; and locally organized groups whose normal place of meeting is located in the City of Carlsbad. Examples: North County A.A., Y.M.C.A., resident religious and political groups, Mira Costa E: Resident commercial, business, profit making organization, non-resident private party activities IC_ Examples: Carlsbad Inn, non-resident parties, weddings or receptions F. Non-resident commercial, business, political, profit making and religious organizations Examples: Trade shows, company training, meetings, seminars IN ORDER TO QUALIFY AS CLASSIFICATION “B” NON-PROFIT USER, THE ORGANIZATION MUST MEET ALL OF THE FOLLOWING CRITERIA: 1. The organization must be registered as a not-for-profit corporation with the State of California, or, if not registered with the State, must be a Carlsbad Chapter and have a constitution or by-laws which clearly state that the objectives of the organization are of a non-profit, non-commercial nature. 3. The organization must submit the following: a. If incorporated, submit State incorporation papers and by-laws; if not incorporated, submit constitution and by-laws. b. Financial verification of organization’s exemption from income tax. (Department of the Treasury form 990 may be used.) An up-dated copy will be required by October 1st of each year. rc c. A signed statement verifying item “2” above. 34 EXHIBIT 2 c 7 r J. Lawrence Dad PMB 513,6965 El Camino Real, Suite 105 Carlsbad, CA 92009 Phone: (760) 431-1523 Fax: (760) 431-7877 November 15,1999 Parks and Recreation Commission City of Carlsbad 1200 Carlsbad Vie Drive Carlsbad CA 92008 Re: Request to lower the priority facilities use residence requirement f?om its current 70% to 51% Gentlemen: I am a resident of the City of Carlsbad and have been involved in youth sports in the city's southeast quadrant for the past four years. Last year I served on the board of the Lightning Soccer Club, and this year I was one of the founders of AYSO-La Costa. My personal position is there is no need to reduce the priority facilities use residence requirement from its current 70% to 51%. No hardship is created by the fact there are three season are: .- school districts servicing Carlsbad's residents. The numbers for AYSO-La Costa for the 1999 1 Players residing in Carlsbad 85.28% of total players 2 Carlsbad School District players 16.50% of total players 3 Private school, San Dieguito, Encinitas and 83.50% of total players San Marcos School District players Of the Line 3 players, the percentage 82.95% residmg in Carlsbad The above percentages clearly show there was no negative impact on AYSO-La Costa's ability to meet the 70% residence requirement due to the fact it drew 83.5% of its players fiom private schools and the San Dieguito, Encinitas and San Marcos school districts. In the absence of any substantive showing to the contrary which definitively establishes Carlsbad residents are being unfairly penalized by the 70% residence requirement, there is absolutely no reason to lower the residence requirement while there are compelling reasons to either keep it the same or raise it. A few of the compelling reasons to either keep the residence requirement at the current 70% or to raise it are: 1. The number of Carlsbad residents is projected to substantially grow over the next five to ten years. Parks and Recreation Commission November 15,1999 Page 2 2. 3. 4. 5. The amount of new park space projected to come on stream with the fbture development in Carlsbad appears inadequate to keep up with the increase in Carlsbad residents. The maintenance of the existing fields is already, at best, a challenge which the city finds difficult to meet. The current residence requirement of 70% does not present a hardship to those organizations which are targeting Carlsbad related residents (including those non-Carlsbad residents attendmg schools which service Carlsbad residents.) It works. The only groups which would benefit fiom lowering the residence requirement would be those whose only contact with Carlsbad would be they have the right to use its fields. The current 70% is overly fhir and should be at the very least maintained. Sincerely yours,