HomeMy WebLinkAboutS14-Parks and Rec
I CI'C1 OF SAN BERNARDC'O -
From: John A. Kramer
Dept: Parks, Recreation and Community Services
Date: August 12, 1987
Subject: WAIVER OF FEES FOR ST. THERESA 'S
CHURCH FOR USE OF TABLES ANO CHAIRS.
REQUIICT FOR COUNCIL A
Synopsis of Previous Council action:
None
Recommended motion:
That the request of St. Theresa's Church to waive the fees
for the use of tables and chairs be authorized based on a
finding that the payment of rental fee would create a finan-
cial hardship jeopardizing the activity planned which will
be of unusual benefit to the inhabitants of the City and
should be supported with public funds.
Contact person:
John A. Kramer
~~-. . A+-r-
~s;~:!lj^"
5031
Phone:
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
Council Notes:
75-0262
Agenda Item No.
S-I'/
CI17 OF SAN BERNARDt'O - REQUEOT FOR COUNCIL ACOON
,
.
WAIVER OF FEES FOR ST. THERESA'S
CHURCH FOR USE OF TABLES AND CHAIRS
STAFF REPORT
St. Theresa's Church has requested the use of 5 tables and 50 chairs for a
fund raising event on August 15, 1987. Rental costs established by resolu-
tion would be $57.50. They have requested that the fee be waived.
This request is similar to others approved by City Council in the past. It
should also be noted that the requester, Amado Savala, has been an active
volunteer with this department through the Meadowbrook Boxing Academy. The
fees have been accessed but not collected pending Council action.
Administrative waiver of the fees is recommended based on the established
precedent.
Justification for Placement on the Supplemental Agenda
Request for waiver of fees was submitted too late for the regular agenda and the
usage is for Saturday, August 15.
August 12, 1987
75-0264
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PARKS. OEATION AND COMMOV SERVICES
APPLICATION/PERMIT
TO USE PUBLIC PARK OR RECREATION FACILITY
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Name of organization.
3t. r h ~ r..L 5"((.
..sve~. ChCUITJ
L htO-I",(
e .1u/"cA . cr.< 3 111.
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( S <ZA. 7a.~5
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Date: 8'// <../87
.
Gn1fU5 s Sf. { SlIM -gd'1AO
Facility desired:
Nature of activity:
Date of activity:
eJ,/IS/37
_Time of activity. / J.' tJiJ AM'i3M'to II: III 4;MPM
Estimate attendance: :st?O Is activity open to PUbliC??- Admission Fee/Collection:
Will activity require use or display of vehicles, equipment. signs, city personnel? ~ 0
--pf &' -n.P
If yes, describe in detail:
Will sound amplification or public address system be used? ?lo Time of day amplifier is to be used: _ AM/PM to_AM/PM
ISection 12.80.130. City Municipal Code appliesl
Applicant hereby acknowledges that he/she has read. understands, and will comply with all provisions r.f Chapter 12.80, Municipal
Code, City of San Bernard;no, CalifornIa pertaining to use of Park and Recreation facilities. * Applicant hereby assumes all responsibility
to leave areas in a neat and clean condition. Applicant agrees to hold harmless and indemnify the City of San Bernardino, California,
from any and all liabiiity for injury to persons or property occurring as a result of this activity and agrees to be liable to said City for
any and all dalTlage to any park, facility, building, pool, equipment, and furniture owned or controlled by City, wh~ch results from the
activity or permittet or is caused by any participant in said activity.
'NOTE:
This permit \s s;,;bject tc CSrlCel:ation b',' any ?.:Jjice Officer \"J~\' oetermines v:olot:or. o~ any pravis,on of the CiTY MUnicipcd
Code.
CLEANING DEPOSIT: If ore"faC'I;ty is not left in clean condition,
the deposit shail be lorfeited.
KEY DEPOSIT: Keys shall be returned within two 121 working
AVAILA8LE _ YES _NO
d3Y~ 2';'~'-: ;<-, (".'<:'("'t fo~ ,;.1,(.1: t~t; ~:::l lo! i~~c,..-tc: it kef' i~)::; r,.:.:t
SF~(..iAL COi-.iOii iUr,,;S .':',PyL Y _ YES _ \.,)0
returned promptly, the deposIt shall be forfe:ttd.
1'1-m'~c/o --s;;, vc:7 ~
1/ :it'
Printed Name of Applicant
I
I,"
1'"
FEES/DEPOSIT (SI REQUIRED _ YES _ NO
FEES RECEIVED 8Y
ON RECEIPT # 8Y
/.' r-f'
L...- 1~!L-,,_'; 5 ---L L
A ress 88S-
. tl 8'{,L/1
D~POSiT IS',
RECE!VED By________.
D~PCSlT RETL:R:\EG TO
J;"TE
[j APPROVED
=: DISAPPROVED DATE
City
Zip ~
~1J7( /
-
Phone Number
Director, Parks, Recreation & Commur,ity Services
DISTR1SWTtON:
WI"'IlTE: APPLiCAN"r'
GREEN: FACILITy
CANAFlY: FILE
Pi~K, POLICE DEPT.
GOLOENROD: DEPOSIT F1L.E
Signature of AppLc;ant
~ITY OF SAN BEIQIARDINO 0- MEMORANDUIO
To
JAMES F. PENMAN
City Attorney
Waiver of Fees to Religious Institution
Fro'BENNIS A. BARLOW
DateSr .Asst .City Atty
August 17, 1987
Subject
Approved
Date
The question has been raised whether or not the City may
legally waive fees otherwise required for the activities of a
religious institution. Certainly in such considerations,
careful review must be made of the provisions of Article 16,
Section 6, which prohibits the gift of public funds even to
other governmental entities.
Specifically, Article 16, Section 5 of the California
Constitution provides, in reference to this question, as
follows:
"Neither the legislature, nor any
county, city and county, township, school
district, or other municipal corporation,
shall ever make an appropriation, or pay
from any public fund whatever, or grant
anything to or in aid of any religious
sect, church, creed, or sectarian purpose,
or help to support or sustain any school,
college, university, hospital, or other
institution controlled by any religious
creed, church, or sectarian denomination
whatever; nor shall any grant or donation
of personal property or real estate ever
be made by the state, or anv city, city
and county, town, or other municipal
corporation for any religious creed, church,
or sectarian purpose whatever . . . "
(emphasis added)
Certainly, this provision does not restrict the ability of the
City to enter into equitable contractual arrangements; however,
the waiver of fees or grant of other benefits by the City is
very clearly prohibited.
BARLOW
City Attorney
DAB:ca
$- ".If; $-1.5'"'