Recommendation to receive supporting documentation into the record, conclude the public hearing, consider the appeal by Barbara O’Neill, and uphold the decision of the Parks and Recreation Commission to deny the Fee Waiver Request for the Tuberous Sclerosis Alliance’s Step Forward For a Cure Walk (Permit No. 8213).  (Citywide)
Councilman Pearce. Motion carries. Thank you. I believe the next item is 14 hearing. Item two. Okay. Item two. Item two requires an oath. Report from Parks, Recreation and Marine recommendation to receive supporting documentation into the record. Conclude the public hearing. Consider the appeal by Barbara O'Neill and uphold the decision of the Parks and Recreation Commission to deny the fee waiver request for the Tuberculosis Alliance. Step forward for the current walk cure. Walk citywide. Councilwoman Mongo. Yes. Oh, you have an oath. Is there an oath here? Yes. Okay. Let's have you. Please raise your right hand. You and each of you do solemnly state that the testimony you may give in the cause now and pending before this body shall be the truth, the whole truth, and nothing but the truth, so help you God. Thank you. And since this is a hearing, we the order is we go to the staff presentation next. So, City Manager West. Thank you, Mr. Vice Mayor. The staff report for this will be given by Marie Knight, our director of Parks Rec, and Maureen. The mayor, members of the Council. On Thursday, December 15th, 2016, the Parks and Recreation Commission voted to deny the feed fee waiver request for Barbara O'Neill on behalf of the Tuberous Sclerosis Alliance for a fundraising walk to be held in El Dorado Regional Park, the Golden Grove, in May of 2017, pursuant to Section 2.54.010 of the Long Beach Municipal Code. Ms. O'Neill is appealing the decision of the Commission to deny the waiver of the applied fees. The permitted activity is a fundraising walk to be held in El Dorado East Regional Park. The fees collected and subject to this appeal include $595 in facility rental fees and a $30 permit fee. The Commission determined that there was not sufficient benefit from the proposed activity directly to the Long Beach community to warrant the waiver of the fees. The Commission believes that this action was made pursuant to the adopted fee waiver policy and in the best interest of the residents of Long Beach. The Commission vote to deny the request to waive the fees was unanimous. Under Section 902 of the City Charter, the Parks and Recreation Commission has the power and duty to establish fees for public recreational programs and for the use of public parks and recreation facilities, and have, since 2011 used a utilize fee waiver policy when evaluating the waiver requests. Ms.. O'Neill is the appellant and the representative of the Tuberous Sclerosis Alliance. I do not believe she is here any longer this evening. I believe she did leave earlier this evening, and I believe she left a notice with the city clerk when she left. And so with no testimony, the council may, with a two thirds majority, decide to affirm, modify or overrule the action of the commission. And that concludes my report. Thank you. Is there an appellant here that would like to speak? Okay. Seeing none. We'll go back. Is there anything additional on the staff site? No. Vice Mayor, thank you. Okay. So at that point, at this point, we'll go open it up to the public. Is there any public comment on this hearing? Seeing none. We will close the hearing and bring it back behind the rail. Councilwoman Mongo. Yes. I appreciate the hard work of our commissioners. It is a tough job that they have before them. They took this waiver very seriously and they stuck to the policy and I'm very supportive of them doing that. Our parks are a treasure and an opportunity and they are applying the rules as this council has guided them. So I appreciate their hard work. It is always difficult to say no to anyone, especially a nonprofit that's out there doing great work that we appreciate. But there are costs of doing business in the city, and it is important that we maintain our parks with those fees and we appreciate their work. I hope the Council will support the Commission's decision. Thank you. So it's been moved and seconded and we've already had public comments from members. Please cast your vote.