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HomeMy WebLinkAboutMinutes - August 10, 2010 SSLODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, AUGUST 10, 2010 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, August 10, 2010, commencing at 7:00 a.m. Present: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hitchcock, and Mayor Katzakian Absent: None Also Present: Interim City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl B. Topic(s) B-1 Lodi Unified School District/City of Lodi Parks and Recreation Ten -Year Joint Use Agreement (PR) Interim City Manager Rad Bartlam briefly introduced the subject matter of the draft joint use agreement between the City of Lodi and Lodi Unified School District (LUSD). Interim Parks and Recreation Director Jim Rodems provided a brief presentation regarding the draft joint use agreement between the City of Lodi and LUSD. Specific topics of discussion included the term of the agreement, changes in the current draft agreement, mutual credit increases from $20,000 to $30,000, processing of use requests, Grape Bowl and Tokay Pool usage, indemnification language, and additional venues. Mayor Pro Tempore Hitchcock requested that a red -lined version of the proposed draft agreement be provided to the City Council illustrating the changes from the original agreement. In response to Council Member Mounce, Mr. Rodems stated the Grape Bowl and Tokay Pool remain in the proposed joint use agreement for number balance purposes. In response to Council Member Hansen, Mr. Rodems stated the proposed agreement is designed to be revenue neutral for both sides. In response to Council Member Hansen, Mr. Rodems stated the amount went up from $20,000 to $30,000 because the rates and costs went up for both sides. In response to Council Member Hansen, Mr. Rodems stated both entities will receive a credit of $30,000, each use will be charged against that amount, and at the end of the year if one or both sides goes over that amount they will write a check for the difference. In response to Mayor Pro Tempore Hitchcock, Mr. Rodems stated the estimated City usage for last year was $16,000. In response to Council Member Mounce, Mr. Rodems stated there is no balance that carries over from year to year for either side. In response to Mayor Pro Tempore Hitchcock, Mr. Rodems stated the accounting of usage has been fairly loose over the years and neither side has firmly adhered to the agreement. Continued August 10, 2010 In response to Council Member Mounce, Mr. Bartlam stated the Tokay Pool being included in the agreement is now making it more fair on usage for the City since the Grape Bowl is also in the agreement. In response to Council Member Johnson, Mr. Rodems stated staff would like to be able to use the Tokay Pool for public use over the summer and possibly generate revenue for recreation. In response to Mayor Pro Tempore Hitchcock, Mr. Rodems stated another proposed change in the agreement is the maintenance costs associated with the Tokay Pool. In response to Council Member Johnson, Mr. Rodems stated the bouncing of City usage for other usage and the facility not being open in a timely manner have been fairly common problems although it is getting better. In response to Council Member Johnson, Mr. Rodems stated maintenance was left in the agreement as a chargeable cost and what is assigned to the facility is what is charged out accordingly. In response to Mayor Katzakian, Mr. Rodems stated there have been quite a few times when City usage has been rescheduled and rooms have been reassigned. In response to Council Member Johnson, Mr. Rodems stated the net result of inaction on either side should be addressed by the like facilities provision and the central point of contact being the LUSD Facilities Department with the final say. Mr. Bartlam stated penalty provisions other than credit and a unilateral cancellation provision could be included in the agreement as well. In response to Council Member Mounce, Mr. Schwabauer stated other entities that use the facilities include the Boys and Girls Club, YMCA, and other similar non-profit organizations running similar programs. In response to Council Member Mounce, Mr. Rodems stated there is no cap for Grape Bowl usage other than the $30,000 and the day use for the facility is approximately $1,200 per day. In response to Council Member Mounce, Mr. Rodems stated staff has gone through a tabletop exercise for Tokay Pool use by the community and would need to evaluate the proper program fee for operating and maintenance purposes. In response to Council Member Johnson, Mr. Rodems stated the LUSD is continuing to use Zupo Field at an increasing rate, the issue is the main cap, the field is not a practice facility, and there is talk about using Kofu Park as well. Mayor Pro Tempore Hitchcock requested the usage costs for the City and the School District from last year. In response to Council Member Hansen, Mr. Rodems stated where the City has really dropped the ball with respect to the current agreement is in accounting for and tracking usage. In response to Mayor Pro Tempore Hitchcock, Mr. Schwabauer stated the City cannot indemnify against an intentional tort but can transfer risk for negligence. Mr. Schwabauer also provided an overview of the different indemnification clauses, defect scenarios, and liability transfers for users and owners of facilities. In response to Mayor Katzakian, Mr. Rodems stated the Grape Bowl now has an hourly use fee including staffing for an hour before and after the use. N Continued August 10, 2010 In response to Mayor Katzakian, Mr. Rodems stated the accounting was previously known annually and the new contract requires a quarterly accounting with monthly reports. In response to Council Member Johnson, Mr. Rodems stated the School District bills by minimums depending upon the use for two and three hour increments. In response to Council Member Hansen, Mr. Bartlam stated the item is tentatively scheduled to be brought back to Council at the August 18 Council meeting although it may be pulled if it is not ready at that time. Myrna Wetzel spoke in support of having an enforcement mechanism in the agreement so that the children can rely on the adults to produce the facility use needed. C. Comments by Public on Non -Agenda Items None. D. Adjournment No action was taken by the City Council. The meeting was adjourned at 8:00 a.m. ATTEST: Randi Johl City Clerk AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Receive a Presentation Regarding the Lodi Unified School District/City of Lodi Parks and Recreation 1 O -Year Joint Use Agreement MEETING DATE: August 10, 2010 — Shirtsleeve Meeting PREPARED BY: Interim Parks and Recreation Director RECOMMENDED ACTION: Receive a presentation regarding the Lodi Unified School District/City of Lodi Parks and Recreation 10-YearJoint Use Agreement BACKGROUND INFORMATION: The City and Lodi Unified School District have along history of using each other's recreational facilities to benefit the community's recreational needs, from exercise programs to competitive athletics. This relationship was first formalized with a Joint Use Agreement adopted on April 19, 1969. The current Joint Use Agreement between LUSD and the City of Lodi expired June 30, 2009. Both entities continue to operate underthe former agreement until a new agreement is approved. Attached for Council review and comment is the new proposed agreement which would be in effect until July 1, 2020. The new agreement differs from past agreements in the following key areas: • The total amount of mutual credit increases from $20,000 to $30,000 annually. • All City requestsfor use of LUSD facilities will be processed by the LUSD Facilities Department. All LUSD requests will continue to be processed by the Parks and Recreation Department. • Operational agreements to manage the Tokay Pool during spring and summer break will be included and counted towards the credit total. • Updated language on indemnification has been added. • Additional venues have been added. Upon completion of negotiations staff will be bringing the agreement to Council for approval. APPROVED: James M. Rodems Interim Parks and Recreation Director Interim City Manager AGREEMENT FOR RECIPROCAL USE OF PUBLIC FACILITIES LODI UNIFIED SCHOOL DISTRICT AND CITY OF LODI THIS AGREEMENT ("Agreement"), is entered into this day of , by and between the City of Lodi ("City"), and LODI UNIFIEp SCHOOL DSITRICT OF SAN JOAQUIN COUNTY ("District"). X WITNESSETH: WHEREAS, District and City have a mutual i and attractive public facilities for education and re its environs; and WHEREAS, both District and City have cAM parks, stadiums, gymnasiums, indoor meeting roonlq which may be beneficially used by tother in a corn community; and WHERAS, District and City have the mutual benefit and use of facilities WHERAS, D Agreement, provisj NOW, THEREFORE, Thosl superseded i desire toVnsolid of facilitie in the sion of adequate or the re is of Lodi and facilities, inrding pools, areas, and athletic fields nsive program of serving the ries of agreements for and incorporate into a Master istrict and City as follows: EMENTS SUPERSEDED District and City, identified below in this section are 1. Agreement for R cal Use of Recreational Facilities, executed April 19, 1969. 2. Agreement for R procal Use of Lodi Grape Bowl, effective September 1, 1988. 3. Agreement for Mowing Services at District Athletic Fields, effective October 15, 1984. 4. Agreement for Reciprocal Use of Tokay High School Pool, dated December 21, 1977. 5. Agreement for Reciprocal Use and Maintenance of Public Facilities, City of Lodi and Lodi Unified School District, dated July 1, 1990. 6. Agreement for Reciprocal Use and Maintenance of Public Facilities, City of Lodi and Lodi Unified School District, dated January, XX 2000 7. All other written agreements not noted herein between District and City for reciprocal use of facilities are declared void except those pertaining to specific individual facilities. II. FACILITIES INCLUDED IN THIS AGREEMENT A. Unless otherwise specified, this Agreement covers the following City facilities: Zupo field; Kofu Park; Softball Complex, Chapman Field; Blakely Park; ; Blakely Field/Enze Swim Complex; Lodi Lake Park; Salas Park; Peterson Park; DeBenedetti Park. B. Unless otherwise specified, this Agreement covers the Tokay High School Pool; (except for the Summer is covered under the separate agreement entitle Agreement" of July_ 2010.) Lodi High Scho school indoor facilities within the City of Lo ea (Woodbridge, Lockeford, Houston, Victor dei C. Facilities not covered by this Agreement: 1 District -owned facilities not scheduled for use under the must be requested using the D Provisions of this Agreement do 2. City -owned f use pursu the term o Facilities". Prc Ho th Crue - r xtertthatt ity may a ies under A. Scheduling Authorization and surroundin 3of%,and Tokay istrict facilities: Program which ool Pool Use Letic fields and mai areas is agreement may be District policy, and Eof Facilities" form. lities. cal covered bfthis agreement, are subject to sir i ns of City Ordinance, and/or policy, and Use ' y of Lodi Parks and Recreation 6reem do not extend to those facilities. ould not conflict with a City use or revenue projection for the facility, and to the ject to a separate fee for services agreement, le discretion, the occasional use of uncovered III. SCHEDULING 1. All scheduling for facilities under the provisions of this agreement, must be done by, and with the approval of, the authorized entity. a. The authorized entities for the City of Lodi are the Parks and Recreation Director or their designee and the Office of the City Manager. C b. The authorized entity for school -related activities and school sites (including field use) is the Facilities and Planning Department and the Office of the Superintendent. 2. All requests for facilities are to be submitted on the appropriate form(s) and must be signed by the designated representative of the authorized entity. Advanced Scheduling Events which require advanced scheduling, may be scheduled up to one (1) year in adv Requests for advance reservations by denied by the authorizing entity with4 All denials must include the reason(s If disagreements over pit resolved within the 15 da, the period is extended by Scheduling Duri or tournaments, ity or District will ed or or use provisions, are not teemed denied, unless Tokah, Lodi High) rives II meet in January of each year to Ra schedule of uses, the appropriate ed contact persons, location/procedure for and to establish procedures for notifying users available when they are not being used for District Tay High Pool and Lodi High Pool may be closed at District dis tion following the schools' last scheduled use (usually in November). The District will make every effort to close the pools for winter maintenance on a rotating basis. ii) Ninety days (90) prior to the anticipated closure, the City of Lodi Parks and Recreation Department will be notified to allow for coordination with the City's aquatics program. Except for extraordinary circumstances, the District shall close only one pool at a time. c. City pools are not available for scheduled District use during June, July and August, except for single events upon request, as approved by the Parks and Recreation Department. d. The Tokay High School pool will be made available to the City for community swimming during the months of June, July and August, all as outlined under the "Tokay High School Pool Use Agreement" of July 2010. City or District pools will be closed immediately is any health or safety concern, or if the water acceptable minimum standards as defined Services, and/or any regulating state agen a use is authorized. V In the event of a closure of a Dis entities will be notified of the closu made to accommodate alternative of canceled events. Lodi Grape Bowl The Lodi Grape Bowl will be the s t of the partigowamk tharized staff if there falls below qin Public Health emain closed until ignate f both ery it shall be its, or a escheduling 'cons of this agreement and ract to be agreed between 3. Athletic Fields, Complexes, Indoor Facilities a. All fields, both City and District, that are to be used for seasonal play, must be scheduled 60 days prior to the start of the season, using the appropriate forms of each jurisdiction. b. All requests are to be confirmed or denied within 15 working days of the submittal of the request. All requests for District fields shall be submitted representative in the Facilities and Planning shall coordinate such use requests with th City fields shall be reservE teams and groups prior to reservation of City fields. scheduled directly with facilities use form. Ibsignated District it. The Department ool sites. sored prior to the City shall be ane appropriate IN shall be scheduled directly the appropriate facilities use ICict) are subject to closure when the m use could result in significant damage. by the City's designated representative for ct's designated representative for District ;edures for fields are to be mutually agreed upon at the season, or when the use agreement is approved if it is for In the event that an extraordinary circumstance necessitates the closure of a City or District field, complex, or indoor facility, the using agency's representative shall be notified as soon as possible. It is that person's responsibility to notify all other affected parties. i) Whenever possible, disrupted events shall be relocated to other facilities in -lieu of cancellation. 0 ii) Every attempt shall be made to accommodate a rescheduling of cancelled activities. 4. If disagreements over proposed fees or charges, or use provisions, are not resolved within the designated period for approval or denial of the request for use, the use shall be deemed denied unless the time period if extended by mutual consent. IV. OPERATIONS If either party requires the other to debit their owner to have staff onsite as a condition of u personnel shall be readily available at all ti operational, maintenance and emergencIA B. Food and Beverage Concessions User and/or associated org, concessions during schedul If food and beverages are they are on -duty, tancfto the using nt for the facility `signed and/or beverage r criteria. nary agreements for event, it should be so noted on the J by the owner. r associated organizations, shall have an of the concession stands and the proceeds of right to operation of the concession stand(s) only as er of the facility. uct Contracts a. If a facility is covered under an exclusive product contract, the user shall abide by the provisions of the contract. b. It is the responsibility of the using agency to obtain a copy of any pertinent contract provisions from the owner. Signature on the facility use agreement shall constitute understanding and acceptance of the provisions. C E F. c. It is the responsibility of the using agency to inform all affiliated users of the contract provisions and to monitor compliance. 6. All concession stands or areas used for concession, are to be completely vacated at the conclusion of the event, and are to be left in a clean and usable condition. All concessions must meet Department of Health requirements. Concessions may remain for the duration of th arrangements are agreed upon at the time t however, they are the sole responsibility go Either Party may require the other to prove Security costs shall be paid by the using pa And Charges account set A160ect.V Item Athletic Fields, Complexes, and In Owners will personnel to user pursu fee sche dards and other ment is approved; ty'Tor events aT a facility. not debited against the Fees iropri aintenance/standby facilit , with all costs to be born by the cility use agreement and the applicable personnel as required by the owner. luding applicable costs, fees, or charges, are to use form at the time the application for use is during use, and maintain all facilities in a safe and clean V. FEES AND CHARGES A. Charges for facility use are intended to reflect actual costs for use of the facility, above and beyond the cost for operation and maintenance that would otherwise be incurred by the owner. B. The initial schedule of charges pertinent to this agreement is to be established by mutual agreement of both agencies. 1. All potential fees, charges, or costs, except security as set for in Sect. IV Item C-1, are to be included in the schedule. 2. At the time a facility is scheduled, the user is to be advised of all applicable and potential fees or costs. KI a. These are to be noted on the use agreement for b. All cost notations on the use form(s) are to ini by the user's authorized representative. ".6, c. Disagreement with proposed char ems must be resol etween the agencies prior to final approval use adlieement. Fina`14060itv for charge items rests with the owner. The District's fees to be included in the sche II be established by the 4. The City's fees to be included in the schedule will be established by the City pursuant to statute and applicable City ordinances and/or policies. 5. Facility use charges may be adjusted annually by either, or both, agencies, based on actual and/or projected costs. 6. Adjustments to facility use charges shall be effective at the beginning of each fiscal year (July 1). C. All services or requirements beyond the scope of this ag en , are to be assessed and billed pursuant to the provisions of Dist ' en City policy and/or ordinance. To the maximum extent possible, these II tually agreed-upon 91 E. prior to the costs being incurred. Damage to Facilities When damage to a facility or field agency immediately. Representatives of both agel appropriate, will evaluate an( assess necessary mitigation, ner will user ncy representatives if afarably together, to d repair, and final work .sponsitlfe for costs incurred to repair the I not be accounted for in Section E of this _NhLal* year, representatives from both agencies shall naflW funds. No dollars shall be exchanged until such beeh exceeded by either agency, at which time the II be billed and paid based on the charge items on the ent, and at the rates in effect at the time. Each agenCWexchange reports on a quarterly basis, or as agreed upon by the finance nts of both agencies, which detail facility usage including dates of use, names of users, facilities used, and fees associated with the usage. The reports, to be done by the 15th of the month following the end of the quarter, will include total fees for the year-to-date. 3. The "in-kind" match of funds amount shall be established for purposes of this agreement at an annual rate of $30,000 for each agency. This amount will be revised on a bi-annual basis by both parties to insure that expected balance of expenditures between organizations is being met. VI. AMENDMENT TO AGREEMENT A. This agreement may be amended at any time by agreement of both parties. B. This agreement shall be amended if it is determined that there is an ongoing use of one or more facilities not covered by this agreement or there are use or fee provisions which can best be addressed through mutual agreement. The user of the facility hereunder agrees to the owner of any facility for any and all darn by District or City, except for 1) those da attributable to the owner's negligence; 0 2) Each party hereto is charged wiNI the use of any facilities demised to the owner. Each party agrees any liabilities arising out of or rel, the property of the facility owner. During any use owner for any invitation or AT a policy of co e combined single more than five hun name the other party includes A Memoram the duty to ins or under, and to indemnify to efects a old harmless Worocal use , below. apparent defects prior to 1e appropriate notification the facility owner for angerous conditions on be liable to the by the user, or third parties at the under this agreement shall be entitled to litigation or adjudication of such disputes. 3erUDamacie Insurance. Each party shall annually provide the other g ral liability insurance covering all uses with a per -occurrence of s than million ($ ) dollars and a deductible of not sand ($500,000) dollars per claim. The policies so maintained shall primary additional insured. As used herein, the term "Insurance" of Coverage from a Joint Powers Risk Pool. IX. TERMS OF AGREEMENT A. The term of this agreement shall be for a period of 10 years, ending June 30, 2020, with an annual review by the City Council and the Board of Education. B. All fees, charges, or other specifics requiring periodic review and/or modification, are to be considered within the herein described timeframes. C. This agreement may be canceled at any time by either party, by giving to the other party six (6) months written notice, or by mutual consent. In the event of cancellation, all approved use of facilities shall continue uninterrupted to the end of the term approved on the facilities use agreement. IN WITNESS WHEREOF, the parties hereto have set th first hereinabove mentioned. CITY OF LODI, a municipal corporation Z Rad Bartlam Interim City Manager Attest: RANDI JOHL City Clerk '•L D. STEPHSWCHW City Attorney LODI OF S the day and year L DISTRICT D`J R. 91 Superintendent of the Board of Education Approved as to Form: Counsel to the District