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HomeMy WebLinkAbout02-21-2017 Item 04 Adoption of Recreation Partnership Agreement between the City of SLO and SLO YMCA Meeting Date: 2/21/2017 FROM: Shelly Stanwyck, Parks and Recreation Director Prepared By: Melissa C. Mudgett, Parks and Recreation Manager SUBJECT: ADOPTION OF A RECREATION PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO COUNTY Y.M.C.A. RECOMMENDATION As recommended by the Parks and Recreation Commission, adopt a Recreation Partnership Agreement between the City and the San Luis Obispo County Y.M.C.A. (YMCA). DISCUSSION Background The City of San Luis Obispo remains committed to providing recreational opportunities within its community. The City and YMCA have a long-standing partnership which has resulted in the use of the SLO Swim Center by members of the YMCA, the use of the Ken Hampian Hockey Rink by the YMCA’s youth roller hockey program and a partnership between the City and the YMCA in programming youth basketball, futsal (indoor soccer), and flag football. The Parks and Recreation Department and the YMCA desire to continue to collaboratively offer programming together and avoid duplication of programs and efforts by memorializing their partnership via this proposed agreement. Proposed Recreation Partnership Agreement For the past year, staff from both parties have met to develop a recreational partnership agreement that memorializes the longstanding relationship between the two and also manages potential liability associated with the use of public facilities by members of the YMCA. As formerly reflected in a series of individual agreements, the terms of the proposed agreement reflects the existing partnership between the City and the YMCA, allows both parties to continue to provide essential and quality recreational opportunities for the community’s youth and adults, and is inclusive of three main recreational services provided for the community. The proposed Recreation Partnership Agreement seeks to avoid duplication of youth recreational programs and where appropriate, partners with the YMCA to provide it members with access to certain City facilities as a member benefit. Highlights of the Proposed Agreement Packet Pg. 117 4 This Recreation Partnership Agreement covers three different “locations” for activities and their associated costs: SLO Swim Center use by seniors, adults, and youth; Ken Hampian Hockey Rink use by the YMCA Youth Hockey Program and three youth sports jointly operated by the YMCA and the City held at City and School District Facilities. The City owns, maintains, and programs the SLO Swim Center, Ken Hampian Hockey Rink and the Damon-Garcia Sports Field Complex. By contract, the City and School District have an agreement regarding the use of school district facilities for youth related activities wherein the City pays to the district a fee for use. The YMCA is responsible for collecting its membership and program revenues and agrees to reimburse the City for use of the SLO Swim Center by its members, use of city-owned recreational facilities for flag football and hockey (Damon-Garcia Sports Field and Ken Hampian Hockey Rink), and for youth sports programs offered jointly (basketball and futsal). Upon the expiration of the agreement in February 2020, the agreement terms will be reviewed and recommendations provided to the Parks and Recreation Commission and the City Council for consideration. Packet Pg. 118 4 CONCURRENCES Parks and Recreation staff have met with YMCA representatives in developing the terms of the agreement. The proposed Recreation Partnership Agreement was presented by the YMCA’s Chief Executive Officer for the consideration of the YMCA Board of Directors at its December 6, 2016 meeting and received unanimous support. The YMCA concurs with the terms of the agreement amendment as proposed. The Parks and Recreation Commission met on January 4, 2017 and provided input on proposed Recreation Agreement (Attachment B, Draft PRC Meeting Minutes). The Parks and Recreation Commission unanimously supported the terms of the agreement as presented. Public Works Parks and Building Maintenance staff have reviewed the terms of the agreement and concur that they are maintainable at the City facilities identified. FISCAL IMPACT Consistent with Council Adopted Fiscal Policies for Cost Recovery The proposed Agreement represents cost recovery of 22% annually for shared City/YMCA recreational programming. The annual reimbursement rate of $50,444 to the City denotes a step- up payment plan in which annual payments will increase incrementally through to 2020 to be more reflective of current costs. Adopted City budget and fiscal policies provide a guide for recreational program user fees and cost recovery levels. A lower recovery of 0-30% of the full cost for activities is suggested for youth and senior programming (Attachment C). The YMCA’s reimbursement rate to the City as proposed in the Agreement is reflective of the aggregation of the prior stand-alone agreements and cost recovery at the adopted policy level. A fiscal summary is provided in the table below: Table 1: Proposed Cost Recovery for Shared Recreational Programming COST RECOVERY YMCA YMCA CITY Parks & Recreation Public Works Swim, Hockey, Basketball, Futsal, Flag Football Revenues Collected on behalf of City & YMCA shared programs Agreement Reimbursement to the City LOW 0-30% $ 115,490 $ 108,707 Includes District Facility Rentals & Staff Includes Maintenance & Staff costs 22% EXPENDITURES REVENUES CITY $ 224,197 $ 92,714 $ 121,368 $ 50,444 Packet Pg. 119 4 ALTERNATIVES 1. Revise the Recreation Partnership Agreement As Proposed. Council could direct staff to revise various terms of the Recreation Partnership Agreement to better reflect Council’s intent. If Council has specific revision they should be given when this item is presented for review. 2. Not Approve the Recreation Partnership Agreement. Council could elect to not approve this Recreation Partnership Agreement between the City Parks and Recreation and the San Luis Obispo County YMCA. Staff does not believe that there is a compelling reason to do so. This agreement represents a long term community partnership based on historical use and measureable community benefits that are in alignment with City policies. Attachments: a - Recreation Partnership Agreement b - PRC Meeting Minutes Jan 4 2017 c - Fiscal Policies Section G Packet Pg. 120 4 RECREATION PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO COUNTY Y.M.C.A. THIS RECREATION PARTNERSHIP BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO COUNTY Y.M.C.A., a California Corporation, is in support of common youth recreational activities for the benefit of the community is made and entered into in the City of San Luis Obispo on February 21, 2017 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as CITY, and THE SAN LUIS OBISPO COUNTY Y.M.C.A., a California Corporation, hereinafter referred to as YMCA. WITNESSETH: WHEREAS, the CITY and YMCA desire to continue to offer residents of the City of San Luis Obispo high-quality recreational opportunities in a collaborative fashion; and WHEREAS, the CITY and YMCA seek to avoid duplication of youth recreational programs and where appropriate to partner in providing access to members of the YMCA to certain City facilities as a member benefit; and WHEREAS, the CITY desires to maintain a mutually beneficial relationship between the CITY and YMCA as a way to continue to enhance the sense of community for residents; and WHEREAS, the CITY owns, maintains and programs the SLO Swim Center at Sinsheimer Park and YMCA desires to have access to the SLO Swim Center as a member benefit; and WHEREAS, the CITY owns, maintains and programs the Ken Hampian Hockey Rink and Multi - Use Court at Santa Rosa Park and YMCA desires to continue to provide a youth roller hockey league as a programmed use of the Hampian Hockey Rink; and WHEREAS, the CITY through its joint use agreement with San Luis Coastal Unified School District pays for and has access to certain indoor facilities for youth sports activiti es including basketball, futsal and is willing to coordinate and collaborate with the YMCA to provide shared programming and team activities for youth in those two activities as subject to facility availability through the School District; and WHEREAS, the CITY owns, maintains and programs the San Luis Obispo Damon -Garcia Sports Field Complex and the YMCA desires to have access to outdoor fields to continue to provide a youth flag football league as a programmed use of the Damon-Garcia Sports Fields Complex; and WHEREAS, the CITY has determined that partnerships with community organizations to provide shared services to the community are of great benefit and YMCA has expressed a willingness to continue these shared services, in partnership and in cooperation with and assistance from the CITY; WHEREAS, The CITY pays San Luis Coastal Unified School District an annual fee for the use of district facilities for youth programming and where the programming is shared between the YMCA and the CITY at these district facilities, the YMCA shall assist in offsetting costs associated with youth sport activities by reimbursing the CITY a portion of the revenues collected; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: Packet Pg. 121 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 2 1. TERM. The term of this Agreement shall be for four (4) years from March 1, 2017 to February 29, 2020. The terms of this Agreement may be amended upon the mutual written agreement of the parties. 2. FINANCIAL MANAGEMENT. The CITY and YMCA agree to a series of terms as outlined below to share in the financial costs associated with recreational programming and the use of City and San Luis Coastal Unified School District facilities for the sole purpose of providing shared youth recreational programming for the mutual benefit of the community. Fees for participation in these shared youth activities or use of facilities shall be collected and remitted by the YMCA to the CITY in accordance with the payment schedules as prescribed below in Section 2. Fees for participation are based on the City of San Luis Obispo recreational fees as adopted by the City Council and the facility use fees charged by the San Luis Coastal Unified School District to the CITY under the adopted Joint Use Agreement. Fees included in this Agreement are subject to change with future Joint Use Agreement modifications and/or as directed by the City Council. 2.1 PAYMENT FOR SLO SWIM CENTER USE BY YMCA MEMBERS. The YMCA shall reimburse the CITY for any use of the SLO Swim Center at Sinsheimer Park by its members for its use during lap swim, aqua aerobics, recreational swim and YMCA Summer Camp use. The SLO Swim Center facility use cost recovery shall be as described below. A. The YMCA will pay the CITY for either the equivalent of the daily fee for an adult, youth, or senior OR the monthly fee for adults or seniors if an individual uses the pool more than: 15 times per month for an adult or 14 times per month for a senior and youth for all lap swim, aqua aerobics and recreational swim. B. The YMCA will provide an accounting of each month’s YMCA member uses by the 5th of each month via email and the CITY shall invoice the YMCA for these costs. The YMCA shall remit payment of monthly SLO Swim Center invoices within 30 days or receipt. C. YMCA Summer Camps shall pay the equivalent of child swim script fee which is payment for every 9 swimmers and the 10th is “free”. 2.2 PAYMENT FOR KEN HAMPIAN HOCKEY RINK USE BY YMCA. The YMCA shall reimburse the CITY for its use of the Ken Hampian Hockey Rink for the YMCA’s youth hockey programs. The hockey rink cost recovery shall be as described below. A. The YMCA shall remit payment to the CITY for three (3) youth hockey seasons. i. The fee associated with the use of the rink is based on 20 hours a week for 10 weeks. Currently, that fee would be $1010 per season, or $3,030 annually and shall be included in the payment schedule for youth recreational sports as noted in Section 2.3. It is acknowledged that the base fee of $5.00 an hour is presently under study and review and could change during the term of this agreement. ii. In recognition of the long-standing partnership and the mutual benefit received by providing facilities at a reduced cost for youth recreational activities, the CITY has agreed to not charge the YMCA the standard lighting fee that is applied to all standard facility rentals. The lighting fee is estimated at $3,960.00 annually. 2.3 YOUTH RECREATIONAL SPORT PROGRAMS. The YMCA shall reimburse the CITY for youth sports programs offered jointly. i. Each agency will assume responsibility for expenses associated with the shared youth sports programs. ii. Regardless of program costs, the YMCA shall reimburse the CITY for youth basketball, futsal, flag football and hockey in accordance with the annual payment amounts as follows: i. 2017: $28,030 ii. 2018: $33,030 Packet Pg. 122 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 3 iii. 2019: $38,030 iv. 2020: $43,030 iii. The YMCA shall make equal quarterly payments to the CITY on August 1st, November 1st, February 1st and May 1st of each year. iv. Should there be a dramatic change in revenues collected for shared youth programming, both parties agree to renegotiate the payment terms set forth in this Agreement. v. Sponsorships, donations or grants received for a specific program shall be used for intended program only. Any sponsorships, donations or grants received from either party for specific programs shall not be factored into revenue the calculations for this contract. 3. ROLES AND RESPONSIBILITIES. The City of San Luis Obispo Parks and Recreation Director may authorize periodic modifications, within the scope of his/her financial and/or operational authority, to the Roles and Responsibilities as he/she may deem necessary or appropriate to the partnership between the CITY and YMCA. Any written amendment or modifications to the Roles and Responsibilities shall be upon mutual consent of both parties. 3.1 SLO SWIM CENTER A. SCOPE OF SERVICES i. Both parties agree to collaborate in the use of the SLO Swim Center facility to YMCA members for use during lap swim, aqua aerobics and recreational swim. Private swim lessons and warm water exercise classes are not included in this agreement and shall be subject to the current fee for that use. ii. The YMCA uses the SLO Swim Center as a member benefit. Members are charged the current fee for lap swim, aqua aerobics and recreational swim. The computer software allows for a streamlined check-in process for YMCA members. iii. All ages may swim at the SLO Swim Center. iv. The use of the SLO Swim Center shall be for the hours that it is open to the public. Periodic schedule changes occur for maintenance and athletic competitions. v. The maximum number of participants is as follows: Therapy Pool (62 maximum), Olympic Pool (615 maximum). B. CITY OBLIGATIONS i. The CITY will provide access to the SLO Swim Center to YMCA members for the purpose of lap swimming, aqua aerobics, and recreational swim. ii. The CITY Swim Center staff will monitor uses by YMCA members by scanning membership numbers into the Daxco system at the front counter. iii. The CITY shall remit a copy of the monthly billing statement to the YMCA. iv. As required by Department policy, all lifeguards are fingerprinted, American Red Cross certified and trained in Lifeguarding, Professional Rescuer CPR/AED, and First Aid for First Responders in accordance with the California Code of Regulations, Title 22. C. YMCA OBLIGATIONS i. The YMCA will maintain a current posting in its facility of the SLO Swim Center’s lap swim and aqua aerobics hours. ii. The YMCA will provide all technical support for the Daxco programs at the front desk computer used for YMCA check-in. iii. The YMCA will provide the SLO Swim Center staff the capabilities to look up members that have forgotten their membership card. iv. The YMCA will pay the CITY for this use as described in Section 2 above. v. The YMCA will provide an accounting of each month’s YMCA member uses by the fifth (5th) of each month via email Packet Pg. 123 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 4 3.2 YOUTH ROLLER HOCKEY A. SCOPE OF SERVICES i. Both parties agree to collaborate in the use of the Ken Hampian Hockey Rink for the YMCA’s youth hockey programs ii. The YMCA youth roller hockey program is designed to accommodate a wide range of skill level and is divided up into skill/age divisions. iii. The ages of the YMCA youth roller hockey program is from 5 to 13 years of age. iv. This agreement covers the YMCA’s current three 10-week youth roller hockey seasons held annually as follows: 1. Spring: March - June 2. Summer: June - August 3. Fall: September – November iv. There is no maximum number of participants. Additional coaches are requested based on the amount of entries. B. CITY OBLIGATIONS i. The CITY shall make available to the YMCA use of the Ken Hampian Hockey Rink for the purpose of a community-based youth roller hockey program provided for three hockey seasons annually given that such use does not interfere or impede with the CITY use for community recreational purposes. CITY recreational uses and reservations shall take priority over the YMCA uses. ii. The CITY shall not charge the YMCA the standard lighting fee of $1,320.00 per season (estimated at $22.00/hour) for the rink when used for the purpose of youth hockey activities as determined under this Agreement. C. YMCA OBLIGATIONS i. The YMCA must submit to the CITY Parks and Recreation Facilities Supervisor the practice and games schedules within thirty (30) dates prior to the beginnin g of the season. ii. The YMCA shall remit payment to the CITY as described in Section 2 above. 3.3 YOUTH RECREATIONAL SPORTS PROGRAMS A. SCOPE OF SERVICES Both parties agree to collaborate in offering the following youth recreational sports programs: 1. Youth Basketball a. Youth basketball shall involve the teaching the fundamentals of basketball while focusing on participation, cooperation and team spirit. Teams are formed according to age divisions, school sites and ability. b. The ages of the participants will be youth from 5 to 13 years of age. c. The season for this activity will be annually from January through March during mutually agreed upon dates. d. There will be no maximum number of participants. Additional coaches are requested based on the amount of entries. e. The CITY shall not be obligated to provide the YMCA with additional facilities in the event that indoor facilities as specified in this Agreement, and as provided through the Joint Use Agreement with San Luis Coastal Unified School District, are unavailable. Should the availability of indoor facilities with the School District change, the CITY and the YMCA shall renegotiate these terms of this Agreement. 2. Youth Futsal a. Youth futsal is a version of indoor soccer that is played inside but not off the walls like traditional indoor Soccer. Basketball court lines are used as boundaries. Packet Pg. 124 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 5 b. The ages of the participants will be youth from 5 to 13 years of age. c. The season for this activity will be annually from the beginning of April through the end of May. d. There will be no maximum number of participants. Additional coaches are requested based on the amount of entries. e. The CITY shall not be obligated to provide the YMCA with additional facilities in the event that indoor facilities as specified in this Agreement, and as provided through the Joint Use Agreement with San Luis Coastal Unified School District, are unavailable. Should the availability of indoor facilities with the School District change, the CITY and the YMCA shall renegotiate these terms of this Agreement. 3. Youth Flag Football a. Flag football is a non-contact version of football where children have the opportunity to learn basic football skills. b. The ages of the participants shall be youth from 5 to 13 years of age. c. The season of this activity will be annually from the beginning of August through to the end of November. d. A maximum number of 24 teams (240 participants) shall be allowed. e. Flag football shall be played twice per week, with a maximum of 6 games per ½ field, on fields designated by the CITY. Reservation of the City of San Luis Obispo Damon-Garcia Sports Field Complex shall be subject to availability of City facilities. B. CITY OBLIGATIONS i. The CITY Recreational Sports Supervisor will co -direct the Basketball, Futsal and Flag Football programs with the YMCA Sports Director and both will meet and coordinate prior to each season to define the age groups and divisions for each program as well as the marketing and promotion efforts to attract and retain participants. ii. The co-directors will review the program rules prior to the beginning of each season to ensure that all participants will receive equal playing time in each game. iii. As describe more specifically in Section 2 above, the CITY shall invoice the YMCA at the beginning of each year for the annual payment outlined in Section 2. The YMCA will make equal quarterly payments to the CITY in August, November, February and May of each year. iv. At a cost benefit to the YMCA, the CITY shall reserve and pay for the use of all School District facilities through the adopted Joint Use Agreement between the City and San Luis Coastal Unified School District. The CITY will reserve School District facilities for the year by June 1st. School District facilities included in this agreement are Pacheco Gym, Los Rancho Gym, Hawthorne Gym, Sinsheimer Gym, CL. Smith Gym and Taylor Gym and shall be subject to availability. v. The CITY will reserve at no charge City facilities for the purpose of shared youth recreational programming included in this agreement at the Ludwick Community Center and Damon-Garcia Sports Complex. vi. The CITY will provide the online National Alliance of Youth Sports (NAYS) Coaches Training to coaches of the programs offered through the CITY and YMCA. The CITY will be the lead for NAYS training additional to any standard training conducted by the YMCA. The NAYS training will be required to be completed before beginning of each season. Training will be introduced to the coaches during the coaches meeting prior to the beginning of each season. vii. The CITY will have the primary responsibility for activities associated with sports officials and facilities: a) Recruit, hire and train sports officials (including obtaining a fingerprint clearance for all sports officials and providing Child Abuse Mandated Reporter training through the California Department of Social Services). Packet Pg. 125 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 6 b) Reserve and pay for the use of all School District facilities as described above in Section 3.3.B.iv. viii. The co-directors will jointly prepare and distribute a list of key dates ninety (90) days prior to the starting dates for each program. ix. At the end of each program, the co-directors will jointly evaluate the program and make recommendations for the following season. x. Both parties will have copies of all accident forms and retain them in accordance with each agency’s retention schedule. Accident forms shall be shared with the partnering agency within 24 hours of incident. xi. Any program purchases beyond the scope of the agreement shall be discussed between both parties prior to purchasing. C. YMCA OBLIGATIONS i. The YMCA Sports Director will co-direct the Basketball, Futsal and Flag Football programs with the YMCA Sports Director and agree prior to each season the age groups and divisions for each program and marketing and promotion efforts to attract and retain participants. ii. The co-directors will review the program rules prior to the beginning of each season to ensure that all participants will receive equal playing time in each game. iii. The co-directors will agree prior to each season the age groups and divisions for each program. iv. The YMCA will make quarterly payments as described more specifically in Section 2. v. The YMCA shall set an activity fee that is mutually agreed upon by both parties 90 days prior to the start of each program. Participant fees will not be raised more than the published CPI for any given season. vi. The YMCA shall coordinate program registration and collect all program revenues for shared programs for youth Basketball and Futsal. vii. The YMCA will have the primary responsibility for activities associated with players, coaches and the forming of teams: a) Conduct participant registration and collect fees from all participants. b) Collect and maintain on-site (for a period of 3 years) all participant liability waivers. Copy of liability waivers to be provided to CITY prior to start of recreational programs. c) Create and form teams. When possible teams will be formed by school sites, including private schools. Participants may participate at the site of their choice. Participants will be evaluated by program staff and placed on teams that will ensure a fair and enjoyable program. d) Secure and train volunteer coaches (including obtaining a fingerprint clearance for all coaches and staff and providing Child Abuse Mandated Reporter training through the California Department of Social Services). a. A roster of coaches notating fingerprint clearances shall be provided to the CITY prior to the start of programming. e) Purchase all youth sports program equipment for Basketball, Futsal and Flag Football (including but not limited to shirts/jerseys, balls, first aid supplies, etc.) f) Schedule team pictures. g) Conduct coaches training clinics with assistance of the CITY. h) Process all scholarship applications, which are to be reconciled at the end of the season. i) Purchase player/participant awards. viii. The co-directors will prepare and distribute a list of key dates ninety (90) days prior to the starting dates for each program. ix. The YMCA will send all necessary information (coaches contact information, rosters and team names) to the Parks and Recreation Department fourteen (14) days in Packet Pg. 126 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 7 advance to the beginning of each season. The CITY will then form and distribute game and practice schedules. x. At the end of each program, the co -directors will agree to evaluate the program and make recommendations for the following season. xi. Both parties will have copies of all accident forms and retain them in accordance with each agency’s retention schedule. Accident forms shall be shared with the partnering agency within 24 hours of incident. xii. Any program purchases beyond the scope of the agreement shall be discussed between both parties prior to purchasing. 3.4 OTHER YMCA PERMITTING A. ADULT LEAGUES i. Any request for YMCA adult league play are not included under this Agreement. Request for Adult League play must be submitted separately and acquire a recreational use permit. ii. Adult leagues are subject to standard facility rental and permit fees. B. REGULAR EVENTS i. Regular events are not included under this Agreement and will require a separate recreational use permit. Regular events are considered any noncommercial event, typically less than 300 people, held exclusively at a CITY facility or park which does not impact significantly CITY resources outside of established requirements or procedures do not need a special events permit. ii. Regular events are subject to standard facility rental and permit fees. C. SUMMER CAMPS i. Summer Camps sponsored by the YMCA are not included under this Agreement and will require a separate recreational use permit. ii. YMCA Summer Camps are subject to standard facility rental and permit fees. iii. All requests for CITY park use for YMCA youth camps will be subject to approval by the Facilities Supervisor before implementation. iv. Use of the SLO Swim Center for YMCA summer camps is subject to written approval from the Aquatics Coordinator. v. Swim Center date submittal must be received 60 days prior to first usage date. CITY program and recreational uses and reservations shall take priority over the YMCA summer camps. vi. YMCA summer camps may be asked to vacate the therapy pool at the SLO Swim Center if pool capacity is reached (62 maximum). D. SPECIAL EVENTS i. A Special Event is defined as any organized activity of 300 or more persons at any public park or CITY right of way that is to gather for a common purpose under direction and control of a responsible person or agency must have a permit. These events may include weddings, festivals, athletic events, fundraisers, concerts, public assemblies or any organized formation, parade, procession or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, alley, sidewalk or public way which does not comply with normal and usual traffic regulations or controls. Other organized activities or set of activities that are conducted by an individual, group, or entity for a common or collective use or benefit and which involves the use of public facilities and the possible or necessary provision of CITY services. ii. Special Events sponsored by the YMCA are not included under this Agreement and will require a separate Special Event permit. iii. YMCA Special Events are subject to standard Special Event Permit fees. The YMCA shall complete a Special Event Application Form (with any required attachments) with the CITY no less than ninety (90) calendar days prior to the Packet Pg. 127 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 8 scheduled date of the event. All information requested on the form must be provided before the application can be considered for approval. iv. The YMCA Community Programs Director will coordinate with Parks an d Recreation Community Services Director for permitting special events organized by the YMCA. 4. NEW SHARED RECREATIONAL INITIATIVES. The CITY’s mission is to provide programming that is responsive to the communities needs by implementing new recreational play initiatives when possible. Pilot programs, introduced as new recreational initiatives, could be implemented to address an unmet community need. Pilot programs can be considered with the approval of the CITY Parks and Recreation Director and the CEO of YMCA upon mutual consent. Any jointly proposed pilot program between the CITY and the YMCA must meet the following criteria for consideration: A. Youth oriented recreational activity only. B. The youth recreational activity proposed is not otherwise provided by a community organization. C. New shared recreational initiatives shall be provided within existing program resources. D. Revenues generated by the new recreational initiative shall be equally shared between the CITY and the YMCA, provided that similar permitting and coordination services are provided by the CITY to the other sports outlined in this agreement E. Responsibilities for the YMCA and CITY will remain consistent with this Agreement for new recreational initiatives, unless determined otherwise during the planning process. F. Approval of the proposed pilot activity by the CITY Public Works Department Parks Maintenance division. G. Approval of the proposed pilot activity by the Parks and Recreation Commission. H. Pilot programs shall be limited to a duration of 6-12 months. I. Evaluation of the pilot program shall be presented to the Parks and Recreation Commission upon conclusion with future recommendations for programming. 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such o ral agreement, understanding or representation be binding upon the parties hereto. 6. AGREEMENT TERMINATION. Either party may terminate the Agreement for convenience provided that 30 days written notice is given. The Agreement may be terminated by eith er party for cause, provided that written notice has been given in the manner specified herein stating the reasons for the intended termination and providing the other party at least 10 days to cure any alleged breach. If the party receiving notice fails or refuses to cure the alleged breach within 10 days, or to make substantial progress toward cure to the satisfaction of the party demanding cure, this Agreement may be terminated 10 days after receipt of the notice as specified herein. 7. AGREEMENT AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be presented in writing by the City’s Parks and Recreation Director and the YMCA Chief Executive Officer and shall be effective only upon final approval by the City Manager or his/her designee. 8. INSURANCE AND LIABILITY A. Each party to this Agreement shall make the other party, its officers, agents, employees and volunteers as separately additionally insured through a CG 20 26 or equivalent, blanket endorsement or section of the policy no later than October 1 of each year. Each party agrees to provide a commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00-01, in an amount not less than $1,000,000 per Packet Pg. 128 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 9 occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. B. Each party to this Agreement shall name San Luis Coastal Unified School District as an additional insured on its liability and property damage insurance no later than October 1 of each year. Each party agrees to provide a minimum liability and property damage insurance coverage of one million dollars ($1,000,000). C. Each party shall maintain worker’s compensation insurance at a level that is consistent with state law requirements. D. Waivers of Liability for programs listed under the agreement shall be required of all program participants prior to their participation in a shared recreational activity. Participant Waivers shall be collected and maintained by the YMCA for a period of three (3) years. Copies of participant Liability Waivers shall be provided to the CITY prior to the start of a program. 9. HOLD HARMLESS AND INDEMNIFICATION A. The CITY agrees to defend, indemnify, protect and hold the YMCA 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 YMCA’s employees, agents, officers or volunteers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the CITY, and its agents, officers, employees or volunteers, in performing its responsibilities hereunder, and all expenses of investigating and defending against same; provided, however, that the CITY duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the YMCA, its agents, officers, employees or volunteers. B. The YMCA 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 CITY employees, agents, officers or volunteers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the YMCA, and its agents, officers, employees or volunteers, in performing its responsibilities hereunder, and all expenses of investigating and defending against same; provided, however, that the YMCA’s duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers 10. NOTICE. All written notices to the parties hereto shall be sent by USPS Mail, postage prepaid by registered or certified mail addressed as follows: CITY: Parks & Recreation Director City of San Luis Obispo 1341 Nipomo St. San Luis Obispo, CA 93401 YMCA: Chief Executive Officer San Luis Obispo County YMCA 1020 Southwood Dr. San Luis Obispo, CA 93401 11. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and YMCA 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. Packet Pg. 129 4 RECREATION PARTNERSHIP AGREEMENT – CITY AND YMCA page 10 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 ________________________________ By:________________________________ Carrie Gallagher Mayor Heidi Harmon City Clerk APPROVED AS TO FORM: SAN LUIS OBISPO COUNTY Y.M.C.A, a California Corporation By:_________________________________ J. Christine Dietrick Monica Grant City Attorney Chief Executive Officer Packet Pg. 130 4 Minutes PARKS AND RECREATION COMMISSION 4 January 2017 Regular Meeting of the Advisory Body Committee Commission CALL TO ORDER A Regular Meeting of the Parks and Recreation Commission was called to order on the 4th day of January, 2017 at 5:31 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California, by Chair Whitener. ROLL CALL Present: Commissioners Greg Avakian, Susan Olson, Keri Schwab, Douglas Single, Rodney Thurman, Vice Chair Susan Updegrove and Chair Jeff Whitener Absent: Commissioner Schwab, Commissioner Single, Vice Chair Updegrove Staff: Parks and Recreation Director Shelly Stanwyck, Recreation Manager Melissa Mudgett, Senior Civil Engineer Manny Guzman, Consultant RRM Design Group Leif McKay, Consultant JFR Consulting John Rickenbach. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None PRESENTATIONS, INTRODUCTIONS, APPOINTMENTS None CONSENT AGENDA AND CONSIDERATION OF MINUTES ACTION: APPROVE THE REGULAR MEETING MINUTES OF DECEMBER 7, 2016 AS AMENDED, MOTION BY AVAKIAN, SECOND BY COMMISSIONER THURMAN. 1. Consideration of Minutes CARRIED 4:0:0:3 to approve the minutes of the Parks and Recreation Advisory Body for the meetings of 12/07/16. AYES: AVAKIAN, OLSON, THURMAN, WHITENER NOES: NONE ABSTAIN: NONE ABSENT: SCHWAB, SINGLE, UPDEGROVE, PUBLIC HEARINGS AND BUSINESS ITEMS 2. Presentation of the Preferred Mission Plaza Concept Plan Packet Pg. 131 4 Minutes – Parks and Recreation Commission Meeting of January 4, 2017 Page 2 Senior Civil Engineer, Manny Guzman, and design consultant (Leif McKay of RRM Design Group) presented to the Commission the preferred conceptual design of the Mission Plaza Master Plan. Staff Guzman said the Mission Plaza Master Plan was developed based on community, business, and City feedback which included a year of public review and input through various community workshops, which was used to develop the preferred design concept. Mr. McKay shared that RRM Design Group also evaluated the Mission Plaza’s uses, existing infrastructure conditions, and the feasibility of expanding the Mission Plaza into Broad and Monterey streets. Mr. McKay added that the Mission Plaza Master Plan design as presented to the Commission balances both the active and passive recreational needs, presents options for activating the space to improve safety and encourage positive uses, improves connectivity within, and to, the Mission Plaza, and creates more flexible and functional spaces. Mr. McKay presented the main features of the preferred design Mission Plaza concept, which include the following elements:  Main Plaza with a formal entrance  Raised platform for special event staging  Water feature in Main Plaza  ADA accessible pedestrian bridge crossing the creek  Central Plaza with outdoor café and patio  Historic Adobe retrofitted as an interpretive building  Remodel of public restrooms  Amphitheater renovated to improve functionality and accessibility  Sculpture Garden adjacent to the SLO Museum of Art with pathway to accessible bridge crossing  “Dog-leg” section of Broad Street converted as an extension of the plaza to encourage a more pedestrian and bicycle friendly street (parking preserved and opportunity for a new bus stop location) Mr. McKay added that the Mission Plaza Master Plan preferred concept improves ADA and Emergency Vehicle accessibility to the Plaza. The project could be phased-in over the next decade as funding becomes available. Public Comment None Commission Comments followed. Commissioner Avakian asked about the size of the stage areas. Mr. McKay responded that it was similar to a performance platform which would be approximately 18” high; allowing flexibility for multiple uses. Commissioner Avakian asked if there were historic trees at the plaza that would need to be removed as a result of this design concept. Mr. McKay responded that all heritage trees would be preserved and in accordance with City adopted arboriculture practices. Commissioner Avakian stated he was in support of the multi-functional use of the Mission Plaza. Commissioner Avakian also asked if plaza elements would be added to deter skateboarding. Commissioner Olson was in support of modifying the current amphitheater to a more functional space. Commissioner Olson asked if the Sculpture Garden would include both temporary and permanent public artworks. Mr. McKay responded that the Sculpture Garden is still in the concept stage and would be fully explored at a later date through the City’s Public Art Program. Packet Pg. 132 4 Minutes – Parks and Recreation Commission Meeting of January 4, 2017 Page 3 Commissioner Thurman stated he was in support of the water feature but recommended consideration of an alternative location other than the main entrance to the plaza. Commissioner Thurman asked if there were vehicle barriers proposed for the “Dog-Leg” to limit the interaction between vehicles and pedestrian/bicycles. Mr. McKay responded that the design is conducive to vehicles slowing down but would not completely limit vehicle access. He added that the concept would require further review and study by the City’s Traffic Engineering program. Commissioner Thurman asked about use of permeable paving materials in the construction of the plaza to capture stormwater and he encouraged the use of drought tolerant turf. Chair Whitener asked about if bicycle racks would be added to the Mission Plaza and if complete closure of the “Dog-Leg” was considered. Mr. McKay responded that the City is required to provide street and parking access to the residents located on this “Dog-Leg”. Chair Whitener read a question aloud from Vice Chair Updegrove regarding the location of the restrooms in which Mr. McKay responded that the restroom location is conceptual. The Parks and Recreation Commission is asked to comment on all de sign features and amenities of the draft Master Plan, including but not limited to the following: 1) Is the Commission in support of the overall Mission Plaza design style which includes the Woonerf design concept for the “dogleg” (Broad to Monterey Street), outdoor café, public restroom location and replacement of the amphitheater with a flat surface plaza? The Commission was in support of the preferred Mission Plaza design concept as presented. 2) Does the Commission have any significant concerns regarding the general site layout, plaza design, proposed recreational facilities or use? The Commission expressed some concern about the safety of the “Dog- Leg” with the proposed Woonerf design and intermingling of vehicles and pedestrian/bicycle traffic but recommend approval with further review and study by the City’s Traffic Engineering program. 3) What other types of active or passive recreation would the Commission like to see incorporated on-site? No additional recreation types were recommended by the Commission. 4) Is the Commission in support of the proposed “sculpture garden? The Commission was in support of the proposed public art sculpture garden. 3. Review and Determination of Avila Ranch’s Parks General Plan Policy Conformity; Review of Parks in Construction Phases One through Three; and Feedback on Parks Construction Phases Four through Five. John Rickenbach, JFR Consulting, provided background on the Avila Ranch Development plan. The applicant team received the Commission’s prior feedback in September and Packet Pg. 133 4 Minutes – Parks and Recreation Commission Meeting of January 4, 2017 Page 4 November 2015 and have responded with a modified proposal that is consistent with the General Plan Park and Recreation. The applicant is seeking the Commission’s approval of 18 acres of parks, which include detailed park plans for Parks A through E, and conceptual designs for Parks F through I. Stephen Peck, Avila Ranch Project Applicant, said that specific effort was made to incorporate the Commission’s feedback into a modified design to include many design features and elements that the Commission had earlier expressed was absent in the original design. He added that the proposed Community Facilities District would provide dedicated funding through the assessment of property tax and for the maintenance of the project’s parks, open space trails and facilities within this development through a restricted fund. Melanie Mills, Landscape Architect for the project, shared with the Commission park design features and how the landscape celebrates the existing characteristics of the site. She added that the park landscape will focus on drought resistant native species, neighborhood turf areas, use of recycled water, bioretention integration areas that would receive and integrate stormwater, and low impact development bioretention areas for use of recycled water. Ms. Mills provided a review of the proposed parks within the Avila Ranch Development phases 1 through 5. The Commission was asked to provide feedback on the proposed park plans and recommend the City Council’s approval for the following recommendations: 1. Recommend to the City Council that the project parks proposal is consistent with the Parks & Recreation Element of the General Plan. 2. Approve detailed park plans for proposed Parks A through E. 3. Review and provide recommendations on conceptual designs for Parks F through I Public Comment Jean Hyduchak, Ambassador for National Pickleball Association and SLO Pickleball Club, spoke about the popularity of pickleball and asked the Commission to recommend that the applicant consider changing the proposal to add pickleball courts to Neighborhood Park G. Commission Comments followed. Commissioner Thurman thanked the project applicant for their thoughtful use of landscape and bioretention in the modified design. He added that the turf could be removed from Park B and that trees planted in decomposed granite typically fail to thrive. Commissioner Thurman expressed concern about the level of water and care needed for an orchard to produce. He added his support for a separate dog park and recommended permanent concrete seating for the farmer’s market area. Commission Thurman was also in support of dedicated pickleball courts. Commissioners Olson and Avakian were in support of the turf area in Park B. Commissioner Olson was in support of the proposed dog park and asked for separate consideration for larger and smaller dogs. Commissioner Olson asked if water would be a cost issue for the community gardens. Director Stanwyck responded that the proposed gardens would most likely use recycled water. Commissioner Olson was in support of dedicated pickleball courts in Park G. Commissioner Avakian asked about the density of the R2 development. Applicant Steven Peck said R2 is low density and is typically 4 to 6 housing units. He added that Park A could be considered as a potential location to add a basketball half-court. Commissioner Avakian asked about BBQ areas and Ms. Mills responded that the neighborhood park does include some BBQ areas. Commissioner Avakian asked if there was a standard size for the community gardens. Director Stanwyck responded that the typical size is a 10x10 raised garden bed and that Packet Pg. 134 4 Minutes – Parks and Recreation Commission Meeting of January 4, 2017 Page 5 construction would be responsive to the surrounding housing. Commissioner Avakian was in support of dedicated pickleball courts for Park G. Chair Whitener asked if the bioretention areas are calculated into the open space requirement for park acreage. Director Stanwyck added that the applicant has provided a comprehensive proposal for parks. Chair Whitener expressed concern about maintenance and safety of the proposed orchard. Chair Whitener added his support for additional soccer turf fields in Park G. ACTION: RECOMMEND CITY COUNCIL TO ADOPT THE AVILA RANCH DEVELOPMENT PROPOSED PARK PLANS FOR PARKS A THROUGH I, AS CONSISTENT WITH THE PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN, MOTION BY COMMISSIONER THURMAN, SECOND BY COMMISSIONER AVAKIAN. . CARRIED 4:0:0:3 to recommend Council Adoption. AYES: AVAKIAN, OLSON, THURMAN, WHITENER NOES: NONE ABSTAIN: NONE ABSENT: SCHWAB, SINGLE, UPDEGROVE, 4. Review and Recommend to Council Adoption of the Proposed Recreation Agreement between the City and San Luis Obispo County YMCA Director Stanwyck provided an overview of the proposed recreation agreement between the City and the YMCA. The Parks and Recreation Department and the YMCA desire to continue to collaboratively offer programming together and avoid duplication of programs and efforts by memorializing their partnership via this proposed agreement. Director Stanwyck noted that for the past year, staff from both parties have met to develop this recreational partnership agreement that memorializes the longstanding relationship between the City and the YMCA. Public Comment Monica Grant, Chief Executive Officer of the SLO County YMCA, thanked the Commission and Parks and Recreation staff for their support in seeking creative partnership opportunities with the City to continue to offer affordable recreational opportunities for the community. Commission Comments followed. The Commission thanked Parks and Recreation staff and the YCMA for their joint efforts in providing affordable and accessible recreational opportunities. Commissioner Thurman asked for background information about the Ken Hampian hockey rink. Commissioner Avakian asked about the fiscal impact of the agreement, how the fees were calculated and how they will be collected. Staff Mudgett explained the methodology and the tiered-payment recommendation for the 4-year term of the Agreement. ACTION: RECOMMEND CITY COUNCIL ADOPTION OF THE PROPOSED RECREATION AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO COUNTY Y.M.C.A. MOTION BY COMMISSIONER AVAKIAN, SECOND BY COMMISSIONER OLSON. Packet Pg. 135 4 Minutes – Parks and Recreation Commission Meeting of January 4, 2017 Page 6 CARRIED 4:0:0:3 to recommend Council Adoption. AYES: AVAKIAN, OLSON, THURMAN, WHITENER NOES: NONE ABSTAIN: NONE ABSENT: SCHWAB, SINGLE, UPDEGROVE, COMMITTEE COMMUNICATIONS 5. Director’s Report Director Stanwyck provided a brief update of current Parks and Recreation programming and City updates:  Community Forum on January 10th at 6:30pm at the Ludwick Community Center. She added that Advisory Body goals have been forwarded to the City Council and encouraged Commissioners to attend the Forum.  City Council Goal Setting will be held on January 28th at the Library Community Room.  Sinsheimer Playground project will begin construction after Jan uary 23, 2017 and completion is anticipated by Summer 2017. LIAISON REPORTS 6. Subcommittee Liaison Reports  Adult and Senior Programming: Commissioner Single was absent. No report.  Bicycle Advisory Committee: Commissioner Olson said there was no meeting. No report.  City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Avakian reported the planting of nine trees at the Course and field closures due to rain.  Tree Committee: Commissioner Thurman said there was no meeting. No report.  Jack House Committee: Vice Chair Updegrove was absent. No report.  Youth Sports: Commissioner Schwab was absent. No report. Commission Communications ADJOURNMENT The meeting was adjourned at 8:17 p.m. to the regular Parks and Recreation Commission scheduled for 01, February, 2017 at 5:30 p.m., in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PARKS AND RECREATION COMMISSION: 02/01/2017 Packet Pg. 136 4 Packet Pg. 137 4 Packet Pg. 138 4