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HomeMy WebLinkAbout2011/11/15 Item 12C[TY COU NC1 L AGENDA STATEMENT ``~~ CITY OF CHULAVISTA NOVEMBER 15, 2011, Item, ,~ ~; ~. ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CHULA VISTA YOUTH SPORTS COUNCIL FOR THE PROVISION OF ENHANCED P S MAINTENANCE SERVICES SUBMITTED BY: DIRECTOR OF PUBLIC WORKS DIRECTOR OF RE ATION REVIEWED BY: CITY MANAGE _ ASSISTANT CITY ANAGER 4 ~ 4/STHS VOTE: YES ~ NO ^X SUMMARY The Chula Vista Youth Sports Council and City staff have reached an agreement on a frameworlc and methodology for the provision of supplemental athletic field maintenance in designated City parks. A memorandum of understanding (MOU) has been developed that delineates each parry's intentions, and outlines how the supplemental services will be provided and funded. This arrangement is an alternative to an increase in athletic field rental fees for Youth Sports Council members which was initially approved by City Cotulcil on June 7, 2011, and then subsequently amended/reversed by Council on July 12. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, approval of an MOU for the provision of enhanced park maintenance services, is not a "Project" as defined under Section 15378 (b}(4) of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION City Council adopt the resolution 12-1 ~~ NOVEMBER 15, 2011, Item~,~-~ Page 2 of 5 BOARDS/COMMISSION RECOMMENDATION At their meeting on October 20, 2011, the Parks and Recreation Commission voted to accept a report, endorse the plan for provision of supplemental maintenance, and approve the conceptual understanding under the following conditions: - Approval of the proposed understanding by the Youth Sports Council - Subsequent changes to the Youth Sports Council By-Laws to ensure compliance by YSC member organizations - Acknowledgement of field evaluation services to be provided by a consultant arranged for by the Youth Sports Council - Acknowledgement of flexibility on park projects as mutually agreeable to both parties DISCUSSION On June 7, 2011, the City Council approved a resolution amending Chapter 7 (Recreation Fees) of the City's Master Fee Schedule, which included increasing the hourly ball field rental fees for members of the Youth Sports Council. The increase was proposed as a way to provide additional maintenance to the athletic fields in City parks, which are deteriorating due to a combination of reduced maintenance and continued heavy usage. The reduced maintenance levels are a direct result of severe budget reductions. At its June 21, 2011, the City council heard public comments from the Youth Sports Council and further discussed the fee increases for ball field rentals. The City Council directed the City Manager to return with an item reversing the fee increase. On July 12, 2011, City Council approved a resolution amending the Master Fee Schedule, eliminating the increase in ball field rental fees for members of the Youth Sports Council. Since that time, representatives from the Youth Sports Council have been meeting with City staff on a regular basis to develop an alternative method of providing supplemental athletic field maintenance, specifically to 88.5 acres of turf that are used by member organizations of the Youth Sports Council for practices and games. The meetings have been constrictive and positive in nature, based on a mutual agreement and understanding that current maintenance services are not able to sustain the parks in a safe and playable condition under existing demand and use. It is also agreed that additional maintenance is required in order to preserve a reasonable inventory of field space critical to the continued success of the programs provided by the Youth Sports Council organizations, and to prevent further damage to the City's valuable park assets. To that end, City staff and the Youth Sports Council (represented by afive-member Presidents Committee) have developed a basis for the provision of specific maintenance enhancements, and have agreed upon the terms contained in the MOU. In lieu of a set fee levied by the City, the enhanced services would be funded through a combination of monetary and material donations from the Youth Sports Council. In addition, the Youth Sports Council, through its member organizations, is proposing the provision of simple manual labor (i.e. "sweat equity") to perform work normally done by paid staff, thus C:~Documents and Settings\N[argarit\Local Settings\Temporary Internet Files\OLK1B\Council RESO YSC Fees.from ~~er.da CZwiew.doc 12-2 NOVEMBER 15, 2011, Item `=~ Page 3 of 5 allowing that staff to devote an equal amount of time to desired suppleme__ntal maintenance duties. Monetary donations would be designated for athletic field maintenance exclusively, and would be accepted by City Council and placed in anon-interest bearing deposit account with the City. Expenditures from that account would require the approval of a designated member of the Youth Sports Council, most likely the Treasurer. Material donations would most likely be in the form of fertilizer, which would meet City requirements and specifications. The enhanced maintenance services themselves would be provided by the City, through a combination of contracted services paid for through the YSC donations account and staff- provided labor, paid for through the existing budget, with time freed-up through the efforts of the Youth Sports Council's hands-on labor efforts. The Youth Sports Council membership, at their regular meeting on November 10, 2011, voted to endorse and support the arrangement and to authorize the President of the Youth Sports Council to sign the MOU on the YSC's behalf. Fees for individuals participating in sports through a Youth Sports Council member organization would increase an estimated $11 per registration (each participant, each season). Total league fees would vary among the organizations, as they do currently. The additional $11 would in turn be donated to the City to support additional athletic field maintenance. The Youth Sports Council Presidents Committee did take into account that many organizations provide scholarships/financial assistance to families in need, and the fees charged by each individual organization would be adjusted accordingly to cover the cost of those scholarships including the maintenance item. The primary focus of the labor to be provided by the Youth Sports Council through the use of volunteers would be picking up trash, and pulling trash can liners on weekends, specifically on Sunday evenings in designated City parks. Other duties could include painting, graffiti removal, and minor maintenance. The Youth Sports Council has estimated that if each parent participated in the program, it would amount to a commitment of several hours one day per year. However, the Presidents Committee recognizes that not all parents would be willing or able to provide hands-on labor, so a "buy-out" provision is being recommended by the President's Committee. A family not able or willing to provide labor would be able to simply pay $14 per registration, which in turn would be donated to the City by the Youth Sports Council to offset City labor costs. The understanding/arrangement as proposed does not mandate or require any donation, and simply identifies services that could be provided if donations are received. However, there is every intention on the part of the Youth Sports Council to make donations at the levels discussed. If donations do not reach the anticipated level, the City would meet with the Presidents Committee to prioritize what work could be accomplished with the diminished level of donation. Both parties fully understand the desirability for the supplemental services, and the potential ramifications of not providing those services. There is also a great deal of flexibility intentionally built into the agreement's structure: C:ADocuments and Settingswtargarit\Local Settings\Temporary Internet Files\OLK1B\Council RESO YSC Fees.from :~eenda Review.doc 12-3 NOVEMBER 15, 2011, Item Page4of5 - Specific services can be discussed between the YSC and the City.at any time. If a service is not needed or warranted, or if another service is identified as a higher priority, the donated monies can be used to provide those services upon mutual consent. - Contracted service costs are current estimates. If service costs increase or decrease, adjustments can be easily made. - The use of a deposit account provides the ability to carry donated funds between fiscal years, and allows funds to accumulate if they are not used any particular year. - City Council would approve the initial donation each year. Subsequent donations, anticipated every 6 months, would not require City Council approval. Not necessarily listed in a priority order, the following maintenance items are being recommended, and have been mutually agreed upon by the City and the Youth Sports Council. Annual cost of service is based on informal quotes from vendors, and estimates provided by City staff: Turf Weed & Pest Control Services $28,800 Supplemental Irrigation (water) $80,000 Turf Dethatching (every 4 years) $18,800 Supplemental Fertilizer $39,000 TOTAL $166,600 City staff-provided services (offset either by volunteer labor efforts, voluntary labor "buy- outs," or a combination of the two) would include the following: Turf Aeration $35,400 Verticuting of Turf $44,250 Application of Fertilizer $30,636 TOTAL $110,286 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the properties which are the subject of this action. C:~Documents and Settings~N(argarit\Local Settings\Temporary Internet Files\OLK1B\Council RESO YSC Fees.from ~~senda R~view.doc 12-4 NOVEMBER 15, 2011, Item _~ ~~ Page 5 of 5 CURRENT YEAR FISCAL IMPACT There would be no direct fiscal impact to the general fund as a result of the approval of an agreement. All funds donated by the YSC would be specifically designated for supplemental athletic field maintenance, and donated funds would be held in a deposit account. Service and/or material expenditures would be taken directly from that account. Additional staff services would be required if no hands-on labor was provided by the Youth Sports Council. However, the direct cost of those services wouldC be offset by donations. There are some incidental costs involved in the maintenance of a deposit account, and the processing of donations, requisitions and warrants. Those costs would be absorbed through existing budgets. ONGOING FISCAL IMPACT Other than the items listed above, there is no ongoing fiscal impact to the general fund as a result of an approved agreement. Prepared by: John Gates, Principal Recreation Manager, Recreation Department C'\Documents and Settings\iV(argarit\Loca( Settings\Temporary Internet Files\OLKIB\Council RESO YSC Fees.from Asenda Review.doc y 1 2-5 RESOLUTION NO. 2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CHULA VISTA YOUTH SPORTS COUNCIL FOR THE PROVISION OF ENHANCED PARKS MAINTENANCE SERVICES WHEREAS, the Chula Vista Youth Sports Council utilizes 88.5 acres of grass athletic fields in City parks for practices and games; and WHEREAS, existing budgets do not provide for adequate maintenance of those athletic fields under existing demand and use; and WHEREAS, there is .an interest in preserving a reasonable inventory of athletic field space critical to the continued success of the programs provided by Youth Sports Council organizations; and WHEREAS, there is a desire to prevent damage to City's athletic fields; and WHEREAS, the Youth Sports Council has expressed a desire to provide monetary & material donations, as well as volunteer labor, to allow the City to provide supplemental maintenance on the 88.5 acres of athletic fields; and WHEREAS, the City and the Youth Sports Council have agreed upon the terms and conditions of a Memorandum of Understanding to accomplish this purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Memorandum of Understanding between the City of Chula Vista and the Chula Vista Youth Sports Council for the provision of enhanced parks maintenance services in the form presented, with such minor modifications as may be required or approved by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize and direct the City Manager to execute the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Youth Sports Council. Presented by Approved as to form by Buck Martin Director of Recreation ~j ~ len R. oogins C A rney i 2-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL _, , Gle R. Goog ns~"~-~., ~ ~, ity Attorne Dated: f ~ ~ ~ r 1 MEMORANDUM OF UNDERSTANDING REGARDING SPORTS FIELD MAINTENANCE BETWEEN THE CHULA VISTA YOUTH SPORTS COUNCIL, AND THE CITY OF CHULA VISTA 12-7 -D-R-A-F-T- November 9, 2011 MEMORANDUM OF UNDERSTANDING REGARDING SPORTS FIELD MAINTENANCE This MEMORANDUM OF UNDERSTANDING REGARDING SPORTS FIELD MAINTENANCE ("MOU") is made and entered into effective as of November 15, 2011 ("Effective Date") by and between the Chula Vista Youth Sports Council, an unincorporated non profit association ("YSC") and the City of Chula Vista, a chartered municipal corporation ("City"). 1. Purpose and Scope. The purpose of this MOU is to establish terms and conditions upon which YSC and City shall cooperate to provide current levels of City sports field maintenance ("Base Level Maintenance") and supplemental levels of City sports field maintenance ("Supplemental Maintenance"), as more particularly described on Exhibit A attached hereto, with respect to approximately 88.5 acres of athletic fields throughout the City of Chula Vista ("City Sports Fields"), as more particularly described on Exhibit B attached hereto. Such maintenance shall be provided through a combination of (a) City funding, materials and labor resources; and (b) funds, materials, and labor donated by YSC, YSC membership, and other recruited YSC volunteers. 2. Term. The term of this MOU shall commence on the Effective Date and expire on June 30, 2012, unless extended by written agreement between the parties, or terminated by either party as provided herein. This MOU maybe terminated by either party (a) "with cause" upon 5 days prior written notice with a 10 day opportunity to cure, or (b), without cause, in either party's sole discretion, upon 60 days prior written notice. If the parties agree, the City Manager is authorized to extend the term of the agreement past June 30, 2012, in order to allow for the expenditure of any collected but unspent funds on Supplemental Maintenance. 3. Responsibilities of YSC. 3.1 Monetary Donations. In order to assist with the funding of Supplemental Maintenance to City Sports Fields, YSC has offered to collect donations from participants in each and every YSC sports program at the time of registration for any program commencing during any portion of the term of this MOU in the amount of eleven dollars ($11.00) per participant, per sport, per season. Any and all such monetary donations collected shall be delivered by YSC to City to be deposited and used by City exclusively for Supplemental Maintenance, all as more specifically provided in Section 4 hereof, below. 3.2 Other Donations. YSC has also offered to solicit and make available to City for purposes of providing Supplemental Maintenance (a) "in-kind" donations of fertilizer, and/or other supplies, subject to City approved specifications; and i2-8 (b) volunteer labor, subject to City oversight. The intent is to acquire sufficient volunteer labor resources to allow for the full implementation of the "YSC Volunteer Work Crew" responsibilities outlined in Exhibit A. Accordingly, YSC intends to solicit volunteer labor commitments from participants in each and every YSC. sports program at the time of registration for any program commencing during any portion of the term of this MOU. Participants will also be offered the option to "opt out" of the volunteer labor commitment by malting an "in lieu" donation in the amount of fourteen dollars ($14.00) per participant, per sport, per season. As with the donations provided for in Section 3.1, above, any and all such monetary donations collected shall be delivered by YSC to City to be deposited and used by City exclusively for Supplemental Maintenance, all as more specifically provided in Section 4 hereof, below. 4. Responsibilities of City. 4.1 Base Level Maintenance. During the term of this MOU, subject only to any City required adjustments based on funding availability for FY 2011/12, City shall continue to provide Base Level Maintenance to City Sports Fields. 4.2 Supplemental Maintenance. Subject to, and in proportion to, the receipt from YSC of monetary donation, in-kind donations, and/or volunteer labor as provided in Section 3, above, City shall manage and provide Supplemental Maintenance to City Sports Fields. The commencement date, frequency and scope of such services shall be determined by the timing, type and amounts of donations received and through ongoing wont program meetings between YSC and City. 4.3 Handling of Monetary Donations. City shall establish a non- interest bearing deposit account that will be maintained exclusively for monetary donations from YSC for purposes of providing Supplemental Maintenance under the terms of this MOU. All expenditures from the deposit account shall be pre-authorized by a designated representative from the Youth Sports Council. Said authorization shall be in the form of countersigned Requisitions and/or Requests for Payment. City shall provide YSC with monthly reports of deposit account activity, including deposits and expenditures. Should this MOU be terminated by either party as provided in Section 2 hereof, or naturally expire, unless the term is extended as provided in Section 2, or otherwise by written agreement between the parties, any unused balance in the deposit account will be returned to YSC within 60 days of the final termination date. 5. Responsibilities of Both Parties. Throughout the term of this MOU, City and YSC agree to meet and confer from time to time, but not less than twice during the term, to discuss-the details of the Supplemental Maintenance work program and to coordinate the receipt of donated materials/money/labor and the provision of Supplemental Maintenance services. City and YSC acknowledge that Supplemental Maintenance service levels are directly tied to the amount and type of donations, and that services levels will vary accordingly. City and YSC also acknowledge that. Supplemental Maintenance services will be provided subsequent to the receipt of an adequate amount of donations. In the event monies or other resources are collected that allow for services 12-9 above and beyond that provided in the Supplemental Maintenance program, the parties will meet and confer to determine the use of such monies for related projects or services. 6. General Provisions. 6.1 Amendments. Either party may request changes to this MOU. Any changes, modifications, revisions, or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all parties. 6.2 Authority. Each party represents that it has foil right, power and authority to execute this MOU and to perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this MOU on behalf of such party are duly authorized agents with authority to do so. 6.3 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by reference. 6.4 Entirety of Agreement. This MOU represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. 6.5 Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as maybe reasonably required in order to carry out the provisions of this MOU and the intentions of the parties. 6.6 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the parry (or such party's authorized representative) or three (3) business days after deposit in the LT.S. Mail, as the case may be. YSC Contact Person and Address for Notice: [To be inserted} City Contact Person and Address for Notice: Rick Hopkins, City Engineer and Director of Public Works 276 Fourth Avenue Chula Vista, CA 91910 Tel: 619.409.5873 Email: rhopkins@chulavistaca.gov 12-10 6.7 No Representation Re arding Tax Deductibility. _City has made, and makes, no statement, representation or warranty regarding the tax deductibility, for federal or state law purposes, of any donations to the City contemplated by this MOU. YSC, and any other party making any donation to City, should consult with their own qualified tax advisors on such matters. 6.8. No Imposed Fees. YSC acknowledges and agrees that the donation program contemplated by this MOU is voluntary, and that City has not imposed, or mandated the collection of, either through this MOU or otherwise, any fees with respect to YSC, or any participants in YSC sports programs. 6.9. Dispute Resolution. In the event of any dispute between the parties with respect to this MOU, the parties agree to attempt to resolve the dispute through a mutually agreed upon third party mediator. Each party shall bear its own costs in mediation. 6.10 No Third Party Beneficiaries. There are no other parties to this MOU, express or implied, direct or indirect. City and YSC acknowledge that it is not their intent to create any third party beneficiaries to this MOU. {Next Page is Signature Page] 4 12-11 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING REGARDING SPORTS FIELD MAINTENANCE- IN WITNESS WHEREOF, the parties to this MOU through their duly authorized representatives have executed this MOU and certify that, as of the Effective Date first written above, they have read, understood, and agreed to the terms and conditions set forth herein. Chula Vista Youth Sports Council [Print Name and Title] Signature City of Chula Vista Jim Sandoval, City Manager Attest: Donna Norris, City Clerk Approved as to Form: Glen R. Goggins, City Attorney 12-12 Exhibit A Description of Existing and Supplemental Maintenance Programs 1. Current City "Base Level" Program for Sports Field Maintenance Mowing of turf: --Summer: every week --Winter: every 4 weeks Edging, weed eating, blowing: --Summer: every 2 week --Winter: every 4 weeks Restrooms -cleaned daily Trash -Mondays & Fridays -Limited to trash cans and litter removal to support mowing Weed/rodent control - as budget allows/very limited Irrigation repair - as required Field Management Report -issued 2 times per year NOTE: Program does not currently include: fertilizing, dethatching, aerating, verti-cutting, replacing sod/adding soil amendments. 2. Supplemental Program for Sports Field Maintenance A. City "contract out" services, to be provided using YSC donated monies to pay third-party contractors: --Weed/pest control --Water increase -- Dethatching B. City Crew Services, to be provided at not cost provided that YSC Worlc Crew Services are provided (below) in order to free up City crew time: --Aerate fields with tractor --Verticut fields with tractor - --Apply fertilizer C. YSC Volunteer Work Crew services, to be provided by YSC volunteers: b 12-13 Summer Program: --Trash removal, trash cans/litter control -every Sunday~late afternoon/evening, in parks to be identified by partiesin work program meetings, with a minimum of 30 volunteers for 2 to 3 hours Winter Program: --Trash removal, trash cans/litter control -every Sunday late afternoon/evening, in parks to be identified by parties in work program meetings, with a minimum of 30 volunteers for 2 to 3 hours --Shelter painting/graffiti removal, as needed --Minor Maintenance -scope to be defined D. Additional Projects if Surplus Funds are Available: --Sod Replacement --Field Consultant --Soil Amendments, --Increased watering and fertilization, --Other special projects to be identified by the parties. 7 12-14 Exhibit B List of Sports Fields k ress N i V a Y ~ a N d -- c ° R ~ 0 - Q L 0 ~ N d L V a ~ .4+ ~ o a N ~ m R W ~ All Seasons 1825 Magdelena Ave. 7.5 1.0 1 Bonita Long Canyon 1745 Coltridge Lane 5 2.0 1 Chula Vista Community 1060Eastlake Parkway 14.9 4.8 6 Cottonwood 1778 East Palomar Street 6.6 2.8 3 Discovery Park 700 Buena Vista Way 20.4 4.4 7 Eucalyptus Park 4th Ave and C Street 20.9 2.6 3 Rancho Del Rey Prkwy & Norella Explorer st. 5.6 1.7 1 Greg Rogers Park PULL 1189 Oleander Ave 20.37 4.3 6 Harborside 670 Oxford st. 5.2 1.4 1 Harvest 1550 East Palomar 6.8 2.7 1 Heritage 1381 Palomar Street 10.1 1.5 1 Hilltop 780 Hilltop Drive 9.3 0.4 1 Horizon 970 E Palomar 5.3 1.8 2 Lauderbach 333 Oxford Street 3.9 0.7 1 Los Ninos 150 Teal Street 5.1 1.6 2 MacKenzie Creek 2275 MacKenzie Creek Rd. 6.8 0.9 2 Marisol Park 916 Rancho Del Rey Parkway 5 1.2 1 Menzel Fields 100 Block Fifth Ave. 4 1.3 2 Montevalle 840 Duncan Ranch Road 29 5.8 4 Mt. San Miguel 2335 Paseo Vera Cruz 19 4.6 3 Otay 1613 Albany Ave. 4.2 1.9 2 Paseo Del Rey 750 Paseo Del Rey 4 0.3 1 Rienstra Ballfields Max 1500 Max Ave. 4.1 3.9 5 S 12-15 Rohr Park- 4548 Sweetwater Rd. 57.3 8.6 7 Salt Creek 2710 Otay Lakes Road 24 2.2 2 Santa Venetia 1500 Magdalena 7 2.7 3 SDG&E west 1450 Hilltop Drive 4 1.5 1 SDG&E east 1450 Hilltop Drive 4 1.7 1 Sunbow 500 East Naples 3.7 1.6 1 Sunridge 952 Beechglen Drive 6.6 0.8 1 Sunset View 1390 South Greensview 11.7 4.0 2 Terra Nova 450 Hidden Vista Drive 17 3.0 2 Veterans 785 E Palomar 12 3.0 2 Voyager 1178 East J Street 11.2 3.7 2 Windingwalk 1675 EXploration Falls 7.3 2.4 2 Totals: 88.5 83 9 12-16