The URL can be used to link to this page

Home My WebLink About12/17/2002, C2 - JOINT USE AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT I � council acEnaa REpout CITY OF SAN LUIS OBISPO FROM: Paul LeSage, Parks and Recreation Director SUBJECT: JOINT USE AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT CAO RECOMMENDATIONS As recommended by the Joint Use Committee and the Parks and Recreation Commission: 1. Adopt a resolution approving the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and provision of programs. 2. Authorize the Mayor to sign the Agreement. DISCUSSION Since 1952, the San Luis Coastal Unified School District (District) and the City have shared the use of facilities through Joint.Use Agreements. The purpose of this item is to consolidate the various agreements that cover the operation of these facilities into one master agreement. If approved, this Agreement will run for five years, with the option to annually add another year.to the Agreement. This would give the City and District a rolling 5-year agreement. An annual meeting facilitated by City staff with the District will be held between May 1 and May 31 to discuss the state of the Agreement. This Agreement covers the District use of City facilities; and City use of District facilities. It does not apply to the use of facilities by other organizations in the community. The City has a need for additional recreation facilities such as sports fields, classrooms, and multi-purpose rooms. The District does not have a baseball stadium or swim center. It is in the best interest of both agencies and the public they serve to share facilities and save the costs associated with building and maintaining duplicate facilities. Most District activities take place during the school day, while most City programs happen after school, in the evening, and on the weekends. This makes the sharing of the facilities identified in this Agreement practical. The Agreement covers the following facilities: 1. Athletic Fields:Bishop's Peak/Teach,Hawthorne,Los Ranchos, Pacheco, and C.L. Smith elementary schools, Taylor Field, Laguna Middle School, and Silvera Field. 2. Gymnasiums: Hawthorne, Los Ranchos, Sinsheimer, C.L. Smith, Pacheco, Taylor, Laguna Middle School, and the SLOHS Small Gym. ea-� Council Agenda Report—Joint Use Agreement Page 2 3. Childcare rooms at all elementary schools within the City limits. 4. Throop Park. 5. Sinsheimer Park: Baseball Stadium, Stockton field, swim center, and tennis courts. The Agreement stipulates that both agencies shall be second priority users of the others facilities. In consideration of the donation of the land, and carried over from the previous agreement, the School district does not pay for the use of any portion of Sinsheimer Park. A new section of this Agreement is Section VI relating to Programs. The key points in this section are the designation of the City as a provider of childcare services and the acknowledgement that the STAR Program is a joint effort. This Agreement doesnot cover the Sinsheimer Park Batting Cages at this time. It will be included in the first update. This is because the cages are not open and the operating procedures are not finalized. In any event, District use of the cages will be limited, as the City program, which includes use by community organizations will be quite extensive. All of the staff members in both agencies affected by this Agreement were involved in its development. FISCAL IMPACT The City will pay the cost of utilities, maintenance, clean up and repair, for the use of District facilities. This is reasonable, as these are the direct costs associated with the use. Annually, the costs of utilities, maintenance, and repair will be mutually agreed upon. These are significantly less costs than if the City were to build and operate some of these facilities. A copy of those fees is attached as Exhibit B to the Joint Use Agreement. The Parks and Recreation Department has sufficient funding in existing budgets to cover all costs associated with the use of District facilities. In the unlikely event that the District wished to reacquire the Throop Park or Sinsheimer Park sites, the District agrees to compensate the City for the cost of the site improvements based upon their current replacement value. CONCURRENCES The Joint Use Committee endorsed this Agreement at their October 22, 2002 meeting (Attachment 3). The Parks and Recreation Commission approved this Agreement at their November 6, 2002 meeting(Attachment 4). City and District staff developed this Agreement cooperatively. The Agreement will be taken to the District's Board of Trustee's Tuesday; December 17, 2002 for final approval. G:ISmff lse,DeJamwtt Ugenda PrpFilrlr-4RJaiw Use Agree 1117.0Ldoc ca a r _ Council Agenda Report—Joint Use Agreement Page 3 ATTACHMENTS 1. Resolution 2. Joint Use Agreement Exhibit A- Map of Facilities Exhibit B - Schedule of Fees 3. Joint Use Committee Minutes for October 22, 2002 4. Parks and Recreation Commission Minutes for November 6, 2002 G:LSmff KiserDelarnetteUgendo Prep Fi(esICAR-Joint Use Agree 13.17.01doc (!a-3 ATTACHMENT 9 RESOLUTION NO. (200a Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FACILITIES AND THE PROVISION OF PROGRAMS WHEREAS,the City and the District have unmet facilities needs; and WHEREAS, each agency has the facilities other needs; and WHEREAS, there is a history of joint use of facilities and cooperation between the agencies dating back to 1952; and WHEREAS,the City has developed recreation facilities on district land; and WHEREAS,this agreement provides activities to the public served by both agencies; and WHEREAS, this agreement allows the City to provide certain recreation services in a cost effective manner. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to approve the Joint Use Agreement for the Joint Use of Facilities and Provision of Programs, attached to the Resolution as Exhibit A. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 200x. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APP D AS TO FORM: LJeffrey G. Jorgensen, Ci orne R C:IW/NDOWSITEMPIRmolwionfor Agrccmrntdoc Ca _� ATTACHMENT 2 Joint Use Agreement Between the City of San Luis Obispo and the San Luis Coastal Unified School District for the Joint Use of Facilities and the Provision of Programs This Joint Use Agreement herein referred to as "Agreement" is made this of , 2002, between the City of San Luis Obispo (City) and the San Luis Coastal Unified School District (District). This Agreement supercedes any existing agreements between the City and the District pertaining to joint use of facilities. I. Authority 1.1 The City and District are authorized under the authority of California Government Code Section 6500 et seq., to provide any services jointly for which each may be individually responsible. Under such authority, the parties to the Agreement may designate any one of the parties as the agency to administer the program and exercise such powers as may be therein specified. 1.2 The District and City are authorized under California Education Code Section 10900, et seq., to promote and preserve the health and general welfare of the people of the State of California by providing adequate programs for community recreation. The District and City are further authorized to organize, promote, and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the State. H. Purpose 2.1 The District has previously made property available to the City on which recreational facilities have been developed. A number of agreements have previously governed these transactions. It is in the best interest of the agencies to consolidate these agreements into a single Joint Use Agreement. 2.2 The City has a continuing need for additional recreational facilities, specifically sports fields, playgrounds, gymnasiums, classrooms, and multipurpose rooms, which can be partially met using District facilities when not being used for District purposes. 2.3 The District has a continuing need for athletic facilities, specifically a baseball stadium, tennis courts, and a swim center, not available on District school sites, which can be met using City facilities when not being used for City purposes. 2.4 By policy of the Board of Education, the District has designated one room at each elementary school as being available for childcare services. 2.5 The City is committed to providing quality, affordable, and available childcare to City residents. -ca�,s Joint Use Agreement ATTACHMENT 2 Page 2 of 5 III. Length of the Agreement and Provisions to Amend 3.1 This Agreement shall remain in effect for a period of five (5) years. 3.2 This Agreement may be extended annually for an additional year by mutual agreement of both parties to the Agreement. 3.3 This Agreement may by amended annually by mutual agreement of both parties to the Agreement. 3.4 Representatives from both agencies agree to meet between May 1 and May 31 annually, to discuss the state of the Agreement. City staff shall be responsible for facilitating that meeting. 3.5 In the event that the District wishes to cancel this Agreement to reacquire the Throop Park and Sinsheimer Park sites, the District agrees to compensate the City for the cost of the site improvements, based upon their current replacement values. IV. Joint Use Facilities Identified on the map listed as Exhibit A to this Agreement 4.1 Athletic Fields: Bishop's Peak/Teach, Hawthorne, Los Ranchos; Pacheco, Sinsheirrier and C.L. Smith elementary schools, Taylor Field, Laguna Middle School, and Silvera Field. 4.2 Elementary school multipurpose rooms-gymnasiums: Hawthorne, Los Ranchos, Sinsheimer, C.L. Smith and Pacheco schools. 4.3 Sinsheimer Park: Baseball stadium, Stockton Field, swim center, and tennis courts. 4.4 Gymnasiums: Laguna Middle School gym and annex, San Luis Obispo High School small gymnasium, and Taylor Gymnasium. 4.5 Childcare rooms: Bishop's Peak/Teach, Hawthorne, Pacheco, Sinsheimer, C.L. Smith elementary schools. 4.6 Throop Park. V. Manner of Operation of the Agreement 5.1 The City shall have second priority use of the District's Joint Use Facilities, after District programs. The District shall have second priority use of City Joint Use Facilities, after City programs. G:IStaMser DeJametteVAgenda Prep ResUoinl Use Agreement.doc Joint Use Agreement MACHMENT 2 Page 3 of 5 5.2 Each agency shall submit to the other a schedule of facility needs by August 1 of each year, covering a twelve(12)-month period beginning the following September 1. 5.3 Both agencies reserve the right to change the approved facility use schedule for their own program needs. The agencies.agree to make a good faith effort to alter the schedule as-little as possible and to promptly notify the other of changes. 5.4 The agencies agree to designate and make known a single point of contact individual to be responsible for facility scheduling. 5.5 The District shall use the athletic facilities in Sinsheimer Park, specifically the baseball stadium, tennis courts, swim center, and Throop Park, without a charge for maintenance, repair, or utilities. This is in consideration of the District making the land available on which these facilities are constructed. The District shall assume the cost and responsibility .for staffing District activities in these facilities to the satisfaction of the City. 5.6 The City will pay the costs of utilities, maintenance, clean-up, and repair for the use of District facilities. When it is necessary for the District to provide staff to open, supervise, and close facilities, the City will pay those costs.. Those costs can be avoided by the City in certain instances by providing staff to open, supervise, and close facilities to the satisfaction of the District. The District will determine when this action is appropriate. Any additional expense, such as keys, will be the responsibility of the City. 5.7 The costs of utilities, maintenance, and repair will be agreed upon annually by both parties, and incorporated into this Agreement as Exhibit B. 5.8 The District or City may, upon advance request, grant approval of exchange use of mechanical equipment required for grounds maintenance. 5.9 Additional exchanges of services may be made in lieu of fees as a part of this Agreement, if they are mutually agreed to by the parties. 5.10 The City has supplied a portable athletic floor for use in Taylor Gym. It will remain in place as long as the District's use of the facility allows the City a reasonable amount of use of the facility. 5.11 The City will consult with the District before making any improvements to Sinsheimer Park or Throop Park. 5.12 The City will develop, maintain and repair Sinsheimer Park. 5.13 The City will develop, maintain and repair Throop Park. G:ISMMKiser DeJametteOgenda Prep ResUoint Use Agreement.doc Oa-`) Joint Use Agreement ATTACHMENT 2 Page 4 of 5 5.14 In the event that it is mutually agreeable that the City offer programs previously offered by the District or generally offered by school districts, there shall not be a fee to the City for the use of facilities needed for the program. 5.15 Prior to May 1 of each year, the City Aquatic, Supervisor will convene a scheduling meeting for the.next school year that will include representatives of the San Luis Obispo High School Aquatic Teams and the San Luis Obispo Sea Hawks Swim Club. The Aquatic Teams and Swim Club acknowledge that they are mutual benefit organizations, with the success of either dependent upon the success of both. As such, they agree to cooperate in establishing a swim schedule that focuses on best meeting the needs of the participants in the two programs. In the unlikely event of an impasse, the Aquatic Supervisor will make the final decision on the swim schedule. VI. Program Agreements 6.1 The City is designated to be a provider of childcare services at all elementary school campuses of the District within the City limits. 6.2 The City agrees to operate quality affordable childcare programs on each elementary school campus within the District where appropriate. 6.3 Students Taking Active Responsibility (STAR) is acknowledged as an intervention program mutually founded by the City and the District. The City agrees to operate the STAR program at all District elementary school campuses where it is deemed feasible. The District agrees to support the educational component of the program. STAR is considered a second priority program, to be allocated space after school needs have been met. 6.4 The City may offer other recreation programs on District sites, as a second priority user, and paying the appropriate use fees. This may include programs for preschoolers, adults; and senior citizens. VII. Liability and Indemnification 7.1 The City agrees to defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property,including injury to the City's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City, and its agents, officers or employees, arising out of this Joint Use Agreement; provided, however, that City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the District, its agents, officers or employees. 7.2 The District agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the District's employees, GAStafnKtser OeJametteL4genda Prep FilesUoint Use Agreement.doc ATTACHMENT 2 Joint Use Agreement Page 5 of 5 agents orofficers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the District, and its agents, officers or employees, arising out of this Joint Use Agreement: provided, however, that the District's duty to indemnify and hold harmless shall not include any claims or liability arising from the established-sole negligence or willful misconduct of the City, its agents, officers or employees 7.3 Each party to this Agreement shall make the other party an additional insured on its public liability and property damage insurance for the purpose of this Joint Use Agreement. 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person.duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST:. CITY OF SAN LUIS OBISPO A Municipal Corporation City Clerk, Lee Price Mayor, David F. Romero APPROVED AS TO FORM: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT City Attorne effre orgenser Assistant Superintendent of Business Services, Russell Miller GASWAKiser DeJametteogende Prep FilesVoint Use Agreemenf.doc v N Joint Use Facilities Bishop's Peak/Teach /� E Elementary School p {Iglj /—} Pacheco Elemen o • Throo Park Silveira Field 101 San Luis Obis o High School 0 Taylor Field Hawthorne Elemen Laguna Middle 0 µ° C L Smith Elementa 101 Sinsheimer Park/Elementary School Joint Use sites child care -• �; field gym park pool school Los Ranchos Elemen ® tennis courts "City limits Elementary Schools with joint-use multi-purpose rooms EXHIBIT Joint Use Agreement Facility Fee Schedule _Building Use (Schedule A)* Monda Friday 3 .m.-10 .m.; Hawthome 3-6 p.m. TU-TH, 3-9 p.m. M,W,F School Days Classroom _ _ _ $2.25/hour. Music Room $3.25/hour Dance Studio $7.00/hour Exercise Room $7.00/hour Gymnasium small $12.00/hour Gymnasium (large) $24.00/hour Locker Room $8.50/hour Multipurpose Room small $10.00/hour Multipurpose Room (large) $15.00/hour Cafeteria $10.00/hour Adult School Multipurpose Room $15.00/hour Building Use (Schedule B)* Non-school days; M-F when District provides custodial coverage Classroom $26.25/hour Music Room $27.25/hour Dance Studio $29.00/hour Exercise.Room $29.00/hour Gymnasium small $36.00/hour- Gymnasium 36.00/hourG mnasium (large) $48.00/hour Locker Room $32.50/hour Multipurpose Room small _ _ $34.00/hour, Multipurpose Room (large) $39.00/hour Cafeteria $34.00/hour Adult School Multipurpose Room $39.00/hour *Plus$7 Permit Processing Fee Sports Fields/Stadiums* Fields are marked on school plot plans, but generally include the following. ➢ Diamond sports, one developed diamond and one or two adjacent practice areas, if they exist. ➢ Field sports, approximately one full size football field(±80,000 sq. ft.). Grou _II Youth Group II Adult Per Field $10/hr(youth season $20/hr rate$2.50/hr Stadium Based upon actual Based upon actual application application Additional for Lights $25/hr $25/hr *Plus$7 Permit Processing Fee GACom¢il Agenda ReportrUoint Use AgreementTees for Joins Use Agreement.doc ATROW 3' ADVISORY COMMITTEE ON JOINT USE OF RECREATIONAL FACILITIES October 22, 2002 Minutes Present: Chair Richard Kriet, Vice Chair Rick May, Committee members Jane Godfrey and Debbie Black Absent: Committee members Larry Smyth, Terry Conner, Steve Sales Staff: City of San Luis Obispo — Rich Colombo, Linda Fitzgerald, Paul Le Sage, SLCUSD — Jeff Guy Chair Kriet called the meeting to order at 12:07pm. 1) Public Comment Period — none received 2) Minutes of September 24, 2002 Meeting and October 2, 2002 Joint Meeting with Parks and Recreation Commission One change was noted under 9/24/02 meeting, item #4: request that#2 be struck from motion as committee members felt it was not part of the motion. MOTION: (Godfrey/Black) Approve the minutes of September 24, 2002 Meeting and October 2, 2002 Joint Meeting with Parks and Recreation Commission as amended —approved 4-0 3) Joint Use Fund — report was distributed. Current fund balance stands at $9,072.83 with $5,000 of the funds committed for Sinsheimer disc golf course. 4) 2003-05 Goal Setting and Budget.Process for City's Financial Plan — Chair Kriet questioned some of the amenities on the list compiled with the Parks & Recreation Commission. Commission agreed by consensus to remove the bulleted items and focus on the three sub goals listed under the primary goal of"meeting the continuing need for quality recreational facilities." Staff would forward the draft on to the Finance Director by October 25. 5) Discussion of Facility Grant Criteria — Parks & Recreation Director Le Sage reiterated the goal behind the facility use grant, which was designed to expand additional uses where City facilities are not available. Some minor modifications were made in the formatting of the criteria but no ma.or changes were made. 6) Draft Joint Use Agreement— Director Le Sage highlighted the concept behind condensing several joint use agreements that the City has in place with San Luis Coastal Unified School District into one document. He summarized the agreement to be for City uses only with a five-year ADVISORY COMMITTEE ON JOINT USE OF RECREATIONAL FACILITIES File Copy AGENDA Tuesday December 3; 2002 12:00 noon - - - - ***Ludwick Community Center, Room B 864 Santa Rosa*** 1. PUBLIC COM I NT PERIOD: (NOT TO EXCEED 15 MINUTES) Comment on ite not included on this agenda. No action will be taken on these items, howev , chair can refer to staff for further study. 2. Approval of October 22, 2002 minutes - attached 3. Joint Use Fund Report attached 4. 2003-05 Goal Setting and Budget Process for City's Financial Plan Action: Review proposed goals from other advisory bodies, finalize JUC recommended goals for Council 5. Update on Damon Garcia Sports Fields 6. Update on Sinsheimer Batting Cages 7. Staff Reports \� 8. Additional Items 9. Adjourn to January 28, 2003 meeting �� - ' ATTACHMENT `� agreement and have both a9encies discuss issues on an annual basis. Several points of information were brought up during a question and answer period about the agreement and map and were noted by staff. MOTION: (Godfrey/May),Endorse and recommend that the City Council approve the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and-provision of programs. Approved 4-0. 7) Update on amon-Garcia Spo fields— Director Le Sage said the project is out to bid and hopes it will be awarded around.December 15 if under the engineer's estimate. 8) Update on Sinsheimer Batting Cages —Several people reported that the facility is getting wired, curbs poured for asphalt in the cages, and installation of a walkway. Quick couplers still need to be put in and accessibility requirements were to be addressed to comply with ADA standards. The official name would be the Burke/Maino Batting Cages. Completion of the project would be near the first of the year and if completed by then, staff hopes to have the cages operational no later than the beginning of March 2003. 9) Staff Reports — none 10) Additional items- none 11) Chair Kriet adjourned meeting at 1:15ptn to the Novgmber 19 meeting, if needed. If the JUC does not meet, the next scheduled meeting is set for December 3, 2002, moved from December 24. Parks and Recreation Commission Minutes for November 6, 2002 ATTACHMEXT 4 Page 2 Brittany McCrigler— stated that the hedges catches and holds litter (unsightly)and that the climbing wall is suited only for preschoolers. Ms. McCrigler dislikes the plastic look and feel. Patrick Robinson—would like to see monkey bars as well as pull-up bars installed. He would also like to see signage replace the hedges. Tom Spillane — stated that the slanting wall for preschoolers is important and likes the climbing handholds. PsulPaul T,eq2gP—explained the City must comply with ADA(Americans Disabilities Act) guidelines and explained the refurbishment plan for all playgrounds in the City of San Luis Obispo. He also explained the fall zone for swings. Engineer Bri-ciget Fraser — addressed the Commission and public about the use of various surfacing type, including fibar, sand, and rubberized surfaces. Slopes on the playground have to meet ADA standards for accessibility and contain loose fill material. Commissioner's responses: Buckshi — thanked everyone for attending and for adding their input. He was thankful for all of the good suggestions, however, felt with the tight scope in regards with size of the park and budget some of the ideas would not be implemented on this playground. Pamper—would like to see staff address and include as many suggestions as possible before approving. Mlle—asked about the grant funding in the park. Fitzgerald said we are committed to the surfacing the playground because of a Waste Tire Playground Cover Grant for$25,000. Larson— thanked the neighborhood for their comments. Would like to see staff revisit this plan with more thought regarding the middle age group desires. Black—felt that the Commissioners had already addressed her thoughts. Duman— thanked the neighborhood for their suggestions and stated that it was time for refurbishment and how compliance plays into the designing of playground equipment. He asked that the public give staff a copy of their drawing brought before the Commission. Action- After discussion between the Commissioners, it was unanimously agreed to direct staff to work with the consultant to capture m=of whtgwipuWj&wan g fo 3. Review the Joint Use Agreement between the City and San Luis Coastal School District LeSage gave the history of agreements made between the City and the San Luis Coastal School District. This proposed agreement would give the City second priority for the school facilities that they have honored but was never written out. This agreement incorporates several oral agreements and does not cost the City any money. Action: Endorse and recommend that the City Council approve the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and provision of programs. (Larson/Pyper, unanimous). C� - ��