HomeMy WebLinkAbout09/05/2006, C5 - ADDENDUM NO. 2 TO THE JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL I
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CITY O F SAN L U IS O B I S P O
FROM: Betsy Kiser,Parks and Recreation Director K
SUBJECT: ADDENDUM No. 2 TO THE JOINT USE AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL UNIFIED SCHOOL
DISTRICT
CAO RECOMMENDATION
As recommended by the Parks and Recreation Commission and the Joint Use Committee,
approve Addendum#2 to the Joint Use Agreement between the City of San Luis Obispo and San
Luis Coastal Unified School District (SLCUSD), and authorize the Mayor to execute the
agreement.
DISCUSSION
Background
In December 2002, the City of San Luis Obispo and the SLCUSD entered into an agreement for
the joint use of facilities and the provision of programs through the Parks and Recreation
Department. The agreement superceded all previous agreements and remains in effect for a
period of five years (until 2007). In June 2005, a supplement was added to the existing
agreement addressing areas associated with scheduling of facilities, additional programming
agreements, the electronic key system, an annual use fee from the City, and Park Ranger services.
Per the agreement, the City and SLCUSD are to meet annually during the month of May to
discuss the state of the Agreement. On May 11, staff from the Parks and Recreation Department,
the City Attorney's office and representatives from the school district met to review the current
agreement and discuss concerns either agency had with terms of the agreement over the past year.
Several issues were presented and addressed during the meeting and modifications recommended
for incorporation into an Addendum No. 2 (see Attachment 1). These modifications (discussed
in detail below) were subsequently reviewed and recommended for approval by the Parks and
Recreation Commission and the Joint Use Committee on May 22 and May 23, respectively. Due
to its summer meeting schedule, the School Board was not able to review the addendum for final
approval until its August 22 meeting, thus the delay in bringing the agreement before the City
Council until this time.
Proposed Modifications
III. LenZth of the Agreement and Provisions to Amend. A condition of the State Department of
Parks grant funding for the Therapy Pool requires the City to certify that it has adequate tenure
to, and site control of the property to be improved, in this case Sinsheimer Park. Grants
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Joint Use Agreement—Addendum#2 Page 2
exceeding $100,000 require at least 20 years of land tenure and public recreation operation.
Language providing for 25 year land tenure has been incorporated into Addendum No. 2 to allow
the grant award to go forward.
IX. Electronic Key System. Los Ranchos Middle School was corrected to read Los Ranchos
Elementary School.
M. Park Ranger Service. The City and SLCUSD agreed to the following amendments to the
Park Ranger Service: 1) that the cost to provide park ranger patrol services for the school athletic
fields be increased from $25 to $25.75 per hour for 2006-07 to reflect cost of living increases,
and hereafter be adjusted annually in accordance with the Consumer Price Index (CPI-U all
Urban Consumers Los Angeles-Riverside-Orange County 1982-84+100); 2) the cost per mile
(currently $.405) be reviewed and adjusted quarterly; and 3) the Park Ranger Service be
expanded to include patrolling school district tennis courts.
All other conditions of the agreement remain unchanged.
CONCURRENCES
The City Attorney worked closely with the attorney for SLCUSD to develop an addendum
agreeable to both agencies. Both the Parks and Recreation Commission and the Joint Use
Committee reviewed the modifications and recommended approval to the City Council (see
Attachments 2 and 3). The School Board approved the modifications at its regularly scheduled
meeting of August 22, 2006.
FISCAL IMPACT
Minimal impact is expected. The cost of living increase for the Park Ranger Service will be
applied against the annual facility use fee, reducing the direct cost of service to the City.
Without the condition extending the land tenure for Sinsheimer Park, the City could lose grant
funding for the Therapy Pool.
ATTACHMENTS
1. Addendum No. 2
2. Parks and Recreation Commission May 22 meeting minutes
3. Joint Use Committee May 23 meeting minutes
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Full agreement is located in the Council Reading File.
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arracHMENT—_I___.__
ADDENDUM NO. 2
To Contract#0477
Joint Use Agreement Between The
City of San Luis Obispo
and San Luis Coastal Unified School District
Addendum No. 2 is supplemental to the Joint Use Agreement (Agreement) between the City of San Luis Obispo
(City) and the San Luis Coastal Unified School District (District) for the Joint Use of Facilities and the Provision of
Programs dated December 17, 2002. Addendum No. 2 shall be effective as of August 22, 2006, and relates to
facilities and programs of the City of San Luis Obispo Parks S Recreation Department (Recreation) and.the District
and is specific to the matters contained herein. Other than the specifics outlined below, the Agreement remains in
full force and effect. The parties agree to the following:
III. Length of the Agreement and Provisions to Amend(Revision)
3.1 This Agreement shall remain in effect for a period of five (5) years, except that the tenure and method of
termination of the Agreement with respect to those facilities specified in section 3.1.1 below shall be as
specifically set forth in that section.
3.I..I In consideration of the fact that certain lease term requirements are associated with an application
for a state or federal grant that may be requested for development of Sinsheimer Park, both
parties hereto agree to keep in operation for a period of twenty-five (25) years from the date of
acceptance of the Grant Project any recreational facility within Sinsheimer Park on which state or
federal grant or bond monies were expended.
Those Grant Project facilities currently intended to be subject to the provisions of this section are
as follows:
1. Addition of a Children's/Therapy Pool located at the Sinsheimer Swim Center facility
located at 900 Southwood Avenue funded through a State Department of Parks and
Recreation Per Capita Grant Program under the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of 2002.
This Community Recreation Agreement may be terminated only by mutual agreement of the
parties. In the event that the District initiates action mutually to terminate this Agreement and
District elects to retain any City constricted improvements, District shall reimburse City for sums,
if any, required by the terms of any grant to be repaid to the State or other grantor. Further, the
District shall reimburse City for improvements placed on said site by City in an amount equal to
the fair market value of said improvements as of the date this cancellation is to be effective, and
title thereto shall vest in District without the necessity of a formal documentation of transfer
effective on said date. In the event the parties cannot agree upon the fair market value of the
improvements such market value will be determined by an independent real estate appraiser
appointed by and agreeable to District and City. The expenses of such appraisal shall be borne
equally by both parties. In the event the parties shall not agree upon the appointment of said
appraiser, the parties shall petition the Presiding Judge of the Superior Court for the State of
California, County of San Luis Obispo, to appoint the appraiser. In the event the City initiates
action to mutually terminate this Agreement, all improvements and personal property placed on
said site shall vest in District without further obligation of payment or reimbursement to City or
any grantor and without the necessity of formal documentation of transfer, effective on the date
of termination. Should District not desire such improvements and properties, District shall so
notify City in writing and thereupon City shall remove said improvements and properties within a
reasonable period of time, as mutually agreed but not to exceed 18 months, return the sites to
their original condition insofar as possible. In the event of such City initiated mutual termination,
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ATTACHNi"A
or any mutual termination under which the District does not elect to retain any City constructed
improvements, City shall be responsible for repayment of sums, if any, required by the terms of
any grant to be repaid to the State or other grantor.
IX. Electronic Key System(Revision)
9.1 Installation - At the request of City, District has installed an electronic key system for Recreation's access
to the following six gymnasiums:
• Hawthorne Elementary
• los Ranchos Elementary School
• Pacheco Elementary School
• Sinsheimer Elementary School
• C.L. Smith Elementary School
• San Luis Obispo High School Taylor Gym
XI. Park Ranger Service(Revision)
11.1 City offers to District park ranger patrol services for school athletic fields and tennis courts within the San
Luis Obispo City limits at a cost of $25.75 per hour, to be adjusted annually in the manner described in
section 10.1 of this Agreement, and $.405 cents per mile, to be adjusted quarterly. The level of service
required by the District will be negotiated on an annual basis. City estimates cost at $400 ($320 staff,
$80 mileage) per week when fields are closed and $200 ($160 staff, $40 mileage) per week when fields
are available for use.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
ATTEST: City of San Lus Obispo
(A Municipal Corporation:
By:
City Clerk David F. Romero, Mayor
Approved as to form: San Luis Coastal Unified School District
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By:
Ci ey Russell Miller, Assistant Superintendent
Business Services
ATTACHMENT
Parks and Recreation Commission
Special Meeting
Parks and Recreation Department, 1341 Nipomo Street
Monday, May 22, 2006 12:00 p.m.
CALL TO ORDER: Chair Pyper called the meeting to order at 12:03 p.m.
ROLL CALL: Chair Pyper, Commissioners: Gary Clay, John Knight, Don Dollar, Jill
Lemieux,Ty Griffin and Richard Kriet
ABSENT: Commissioner Gary Clay
STAFF: Recreation Director Betsy Kiser, Recreation Supervisor Todd Bunte, and SAA
Ashley Blake
CONSIDERATION OF MINUTES:
The minutes from the May 3, 2006 meetings were approved as amended
1. Public Comment
None
2. Laguna Lake Golf Course.Rate Review
Director Betsy Kiser presented the staff repo to the Commissioners. Todd Bunte provided additional
information on the maintenance of the fac' ty.
Commissioners discussed the item sought clarification on various aspects of the rate review.
Recommendation:
Recommend to the City C ncil to authorize a General Fund operating transfer of $293,200 for
2005-06 and $314,600 f 2006-07 and adopt a resolution approving the following fee increases
effective July 1, 2006:
a) $0.25 er round rate
b) $1. in twilight rate
C) $ .00 to the general 10-play card rate
(Lemie ight) 6 yes: 0 no: 1 absent(Clay)
3. Conceptual Approval of Addendum No. 2 to the Joint Use Agreement Between the City and
San Luis Coastal Unified School District
Director Betsy Kiser presented the staff report to the Commissioners. Proposed modifications to the
Joint Use Agreement focus on expansion of Park Ranger Services and extension of the lease for
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Parks and Recreation Commissk pecial Meeting
ATTACHMENT-
Minutes
TTACHMENT_Minutes for May 22, 2006
Page 2
Sinsheimer Park to meet the requirements of the State Department of Parks for receipt of the Therapy
Pool grant.
Commissioners discussed the item.
Recommendation:
Conceptually approve modification to the Joint Use Agreement between the City of San Luis Obispo
and San Luis Coastal Unified School District (SLCUSD) and forward a recommendation to the City
Council for final approval.
(Griffin/Knight) 6.yes: 0 no: 1 absent(Clay)
4. Communications
— Commissioners were invited to the Pod and Recreation Department All Staff Barbeque
on June 5, 2006 at t/to
Gardens from 6:00 p.m.-7:30 p.m.
5. Adjourned
The meeting adjourned at 12: ks and Recreation Commission meeting on June 7,
2006 in the Council Chambers.
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ATTACHMENT
ADVISORY COMMITTEE ON JOINT USE OF RECREATIONAL FACILITIES
May 23, 2006 Minutes
PRESENT: Chair Cochran, Vice Chair Conner, Committee Members Kriet, Lewis,
May
ABSENT: Committee Members Thoma and Buch7"
STAFF: City of San Luis Obispo: Recreation Manager Fitzgerald, Recreation
Supervisor Bremer,Parks & Urban restry Supervisor Beights
SLCUSD: Buildings & Grounds upervisor Silacci
Meeting was called to order at 12-.Olpm by Chair Cochran.
PUBLIC COMMENT PERIOD:
No comments received.
APPROVAL OF APRIL 25, 2006 ES:
MOTION: (Conner, Lewis) �pprove April 25, 20.06 minutes as written, approved 5-
0-2 (Thoma and Buchman absent)
JOINT USE FUND: /
Recreation Manager Fitzgerald reported a fund balance of$174.73.
SINSHEIMER PAR FACILITIES:
Recreation Manage itzgerald reviewed the staff report and responded to questions from
the Committee re ding the changes made at the April meeting on the Priorities for Use
of Sinsheimer P k facilities.
MOTION: Kriet, Conner) Approve the revisions to the Priorties for Use of
Sinsheimer ark Facilities—baseball stadium, tennis courts, softball field, and swim
center—t remain in effect through August 1, 2007, approved 5-0-2 (Thoma and
Buchman absent)
JOINT USE AGREEMENT:
Recreation Manager Fitzgerald presented the Joint Use Agreement staff report on behalf
of Parks &Recreation Director Kiser: Vice Chair Conner asked that under Addendum#1
that Los Ranchos Middle School be changed to Los Ranchos Elementary School.
Committee members had some other minor questions regarding certain portions of the
Agreement and Addendum.
MOTION: (Kriet,May) Conceptually approve modification to the Joint Use
Agreement between the City of San Luis Obispo and San Luis Coastal Unified School
District (SLCUSD) and forward a recommendation to the City Council for final approval,
approved 5-0-2 (Thoma and Buchman absent)
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