The Board will have an opportunity for an in depth review of recommended changes in SRCS policies and procedures and fee schedule for the Civic Center Act, to reflect recent changes in the law. The proposed changes to the policy, regulation and and exhibits will be presented and available at the Board meeting.
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BACKGROUND: The purpose of this Study Session is to inform the Board about recent changes in the Civic Center Act, discuss proposed changes recommended to bring SRCS’s Civic Center policies, procedures, and fee schedule into compliance with current law, and respond to Board questions regarding the process and proposed changes. Specifically, the focus of this Study Session will be on proposed changes to existing Board Policy and Exhibit 1330, SRCS’s Fee Schedule, and SRCS’s Application and Permit form, including terms and conditions of use. This Study Session will also discuss the consideration of adding an Administrative Regulation 1330 and related 1330 Exhibits in accordance with general practice. The policy, regulation, and exhibits will be presented and available at the meeting. This is a study session and no action is required at this time. Proposed revisions to SRCS’s Civic Center policies and procedures will be made available for review and public comment between October 26, 2016, and November 10, 2016. All comments must be submitted in writing to Dan Zaich at dzaich@srcs.org on or before November 10, 2016. A meeting for public comment will also be held Monday, November 7, 2016, at 5:00 p.m. After the close of the comment period, the proposed Civic Center documents will be prepared for a first and second review by the Board and recommended adoption at the Board’s regularly scheduled Board Meetings on November 14, 2016, and December 12, 2016, respectively. Please see attached Civic Center Policy Update Schedule for details.
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Dr. Zaich introduced this review of recent changes in the law regarding the Civic Center Act and proposed updates to the District's existing policies and procedures. He reviewed a schedule of meetings to collect community feedback on the proposed changes before they are adopted by the Board. He introduced attorney Jessika Johnson from Dannis Woliver and Kelley who was present to provide legal updates and introduce the proposed changes.
Ms. Johnson reviewed basics of the Civic Center Act which guides the use of school facilities as civic centers and what districts can claim as direct costs to protect the community's investment in school facilities. She noted the Board's current policy is overdue for updating and a regulation is needed for consistent administration districtwide. She noted that SRCS has five fee group classifications for use of facilities and most districts have three. The "special group" category is unique to SRCS; providing a discounted price. The other additional Group E is not a Civic Center group; uses such as movies renting facilities for a film set would fall under this category.
Ms. Johnson reviewed changes in the law in 2012 with SB 1404, which expands the definition of direct costs that districts can take to now include being able to reclaim capital direct costs. In September of this year, AB 1557 expanded the Category A use of school facilities to recreational youth sports leagues; groups that charge participants a nominal fee of no more than $60 a month. She reviewed the terms and conditions document that will establish districtwide application with the caveat that each site has specific restrictions or conditions based on their unique facilities that can be applied in an addendum to the terms and conditions.
She noted that the current District policy includes an Exhibit for the Glenwood School Field Agreement, noting it will be removed from the revised policy and will be placed instead into a more appropriate joint use agreement. Some items that have been in policy have been moved into the new regulation.
Ms. Johnson and staff responded to audience questions regarding: clarification of the free use category where if groups are soliciting for money, they do not qualify for the free use category; priority of users list and how it is established; clarification that it is the Board's discretion about which groups are considered recreational; the cost calculations that will be used for development of a fee schedule; how direct operational costs will be determined; timeline for implementation of the new fees; where non-profits that charge but give away scholarships would be categorized; further investigation about joint use policy with the city; the ELM user group; placing the new fee schedule online; review of the fee schedule each year; and how feedback to the revisions will be solicited.
Ms. Johnson noted that the revised fee schedule has not yet been determined but that the state board adopted new methodology will be used to calculate the new fees. Capital direct costs that are now reclaimable have to be deposited into a special fund to be used for the purposes outlined in the statue. It is hoped that the fee schedule draft will be done before the November 7th public session.
Ms. Johnson responded to questions and comments from trustees regarding: the potential distinction in the priority list, at the Board's discretion, regarding outside user groups specific to San Rafael students and those who are not; summer programs and Saturday events; looking into a joint use agreement with the city for use of facilities; the importance to the community of the effective date for new fees and the importance of outreach to the community for feedback during the review process of the proposed revisions; the importance of having the draft fee schedule complete prior to the November 7th public study session.
Ms. Johnson recommended keeping the fee schedule separate from the board policy and administrative regulation adoption; need to work with community partners on fees so groups can see the changes in costs.
President Kertz requested that a handbook be developed for facility use/rental policies and procedures, a review of the current process for users who rent facilities for efficiency of flow and customer experience. |