March 16, 2004
SUBJECT: Girl Scouts’ Concern Regarding Park Building Fees – Information Only
REPORT IN BRIEF
Issue Summary
The Girl Scouts of America have for many years utilized a number of the City’s multi-purpose park buildings to hold meetings. Prior to January of this year, that service was provided free of charge. Starting in January 2004, the Girl Scouts have been charged a fee of $10.00 per hour (with a 2-hour/$20.00 minimum charge). The Girl Scouts have indicated this presents a financial hardship to them, forcing them to look elsewhere for meeting spaces, largely unsuccessfully. Council has directed staff to investigate related issues and report back. Staff’s exploration was to specifically include discussion of any pertinent Council policies as well as the possibility of using fee waivers to support the Girl Scouts’ use of park buildings.
BACKGROUND
Important History/Council Policy
Years ago the Department of Parks and Recreation recognized a host of mixed messages and incongruent practices governing its implementation of Council’s co-sponsorship policy. Among that long list of issues was the fact that there did not seem to be a very defensible reason for who paid for the use of City facilities and who did not. While Council’s policy did not provide for free use of City facilities, an administrative decision had been made not to charge most co-sponsored groups for their use of City facilities. This included, for example, the Sunnyvale Badminton Club that received free use of a gymnasium that others were charged to use. But during that same time period, the Sunnyvale Tennis Club, when it was also co-sponsored by the City, paid the same fees as anyone else for use of the City’s tennis courts. No one on staff could explain why two groups so similar in nature were treated so differently (the Tennis Club eventually dropped its co-sponsorship status).
Several youth organizations were also provided free use of City facilities, including park buildings. In fact, the free use of City facilities was generally perceived as the primary benefit afforded by co-sponsorship. Yet, in fact, Council’s co-sponsorship policy did not afford any group free use, just priority use—that is, a co-sponsored group was allowed first crack at reserving a City facility. It was an administrative practice, not Council policy, that afforded many groups free use. Yet it provided these same privileges—both priority use and free use---to the Girl Scouts, despite the fact they were not co-sponsored. When asked by the Director why the Girl Scouts were provided these benefits, staff could provide no defensible explanation. The best answer was that staff had created an administrative policy that afforded youth groups free use of City facilities—this was a well-intentioned practice, but this was not a Department-sanctioned policy, and it actually circumvented the Council’s own co-sponsorship policy. (How could staff make numerous youth groups jump through the onerous hoops associated with co-sponsorship, then turn around and simply give the same benefits away to the Girl Scouts without requiring that they obtain co-sponsorship status?) It’s worth noting that during this entire time period, neighborhood residents wishing to use park buildings for children’s birthday parties were routinely charged $60 an hour for that privilege, with few if any complaints received regarding that charge.
Enter the Budget Crisis
Prior even to Council revisiting its co-sponsorship policy, staff informed all co-sponsored groups that it would begin charging them for the use of City facilities effective Fiscal Year 2003/2004. Staff met with all co-sponsored groups collectively and individually to review this issue and to seek input regarding reasonable fees. It was explained that the current budget crisis necessitated that staff leave no stone unturned in seeking ways to offset City expenditures in order to help protect related services. The Parks and Recreation Commission and City Council were informed of staff’s intent in correspondence dated January 31, 2003 (Attachment A), June 13, 2003 (Attachment B), and June 20, 2003 (Attachment C), and reference was included in the City Manager’s budget transmittal for the current fiscal year. All co-sponsored groups, including youth groups, indicated that while they did not look forward to being charged for use of City facilities, they understood and appreciated the reason for the charges. Furthermore, each group indicated it would not present a financial hardship so long as sufficient time was provided to work with their membership. The dates staff used to begin charging fees actually provided a longer adjustment period than was requested by the groups.
It is important to note that while there is space available in other public places for groups such as the Girl Scouts, those public agencies are also hurting financially and have also begun to charge many non-profit groups for use of their facilities. The City is by no means alone in taking steps to offset the costs of maintaining its facilities by charging user fees. In fact, staff is currently engaged in a thorough analysis of the cost of maintaining park buildings as compared to the revenue they generate.
Cleaning Up Co-Sponsorship
Council recently approved the replacement of its co-sponsorship policy with a new “Relationships with Outside Groups” policy, which has set the tone for a much more even-handed approach to supporting outside groups and which eliminates the awkward inconsistencies described above. The new policy makes it clear that all outside groups must pay the established fees for use of City facilities (which already provide discounted rates for non-profits and residents) unless a special agreement is developed between the City and the group. This ensures that the provision to any group of benefits not afforded the general public is documented and approved by City Council. Such an agreement would make clear the philosophical reasons for providing free use of City facilities to the group, as well as the specific benefit(s) to be received by the City in return for those special privileges.
Where We Are Now
All previously co-sponsored groups have been contacted and notified of the possibility of establishing special agreements with the City to obtain further rate reductions or free use of City facilities. Most are taking advantage of that opportunity and are currently engaged in discussions with staff. In fact, Council will likely begin to see those agreements appearing on their agendas in the very near future. The same opportunity was made available to the Girl Scouts months ago, and staff is currently discussing the possibility of a special agreement with them as well.
What About Fee Waivers
Fee waivers are designed to provide economically disadvantaged individuals and families the ability to participate in City-provided recreational classes and activities. In other words, any member of a qualifying family is allowed free access to City recreational programs. Fee waivers would not be used to qualify an entire Girl Scout troop or association for free access to a park building. Staff believes the appropriate tool for waiving building use fees for the entire Girl Scout association would be through the special agreement process identified above.
Next Steps
Staff plan to continue discussions with the Girl Scouts relative to the possibility of a special agreement for use of City facilities. That will ensure consistency in terms of the process used to consider free use of City facilities by other organizations and will ensure that the Parks and Recreation Commission is given opportunity to provide its recommendation to City Council. Staff would hope to return to Council within a two-month timeframe.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office, Library, Parks and Recreation Administration, Community Center, and Senior Center.
Copies of this report have been distributed to the Parks and Recreation Commission and to the Girl Scouts of America.
Prepared by:
Robert A. Walker
Director, Parks and Recreation
Approved by:
Amy Chan
Interim City Manager
Attachments
A. Correspondence to Co-Sponsored Club Presidents dated January 31, 2003
B. Correspondence to Parks and Recreation Commission dated June 13, 2003
B1. Facility Rental Rate Schedule Effective July 1, 2003 (pdf format)
C. Correspondence to Co-Sponsored Club Presidents dated June 20, 2003