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Home My WebLink AboutAGENDA REPORT 2024 1002 CCSA REG ITEM 10KCITY OF MOORPARK, CALIFORNIA City Council Meeting of October 2, 2024 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. K. Consider Amendment to Agreement with Moorpark Unified School District for Use of the Tennis Courts at Arroyo Vista Community Park. Staff Recommendation: Approve Amendment No. 1 to the Agreement for Use of Arroyo Vista Community Park Tennis Courts with staff recommendations as contained in the agenda report, and authorize the City Manager to sign the Amendment, subject to final language approval by the City Manager. (Staff: Stephanie Anderson, Recreation Manager) Item: 10.K. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Stephanie Anderson, Recreation Services Manager DATE: 10/02/2024 Regular Meeting SUBJECT: Consider Amendment to Agreement with Moorpark Unified School District for Use of the Tennis Courts at Arroyo Vista Community Park BACKGROUND In 1999, eight tennis courts were constructed at Arroyo Vista Community Park (AVCP). Moorpark Unified School District (District) contributed 50% of the funds required to construct the courts. Upon completion of construction, Moorpark High School (MHS) began using the courts for activities including physical education classes and California Interscholastic Federation (CIF) tennis practices and matches. The District’s use of the courts was initially based on verbal discussions, with a written agreement between the City and District later executed in 2003. The term of the Agreement for Use of Arroyo Vista Community Park Tennis Courts (Agreement) was back dated to 1999 (when the court construction was completed) and is valid through 2032. The Agreement specifies the terms of use of the courts by the District, including priority use hours (discussed below) and their ongoing financial obligation to pay for 50% of the maintenance costs for the courts. At the time the Agreement was executed, MHS class hours were 7:30 a.m. to 2:30 p.m., and priority use hours for the courts were based on those hours. However, California Senate Bill 328 now requires public high schools to begin no earlier than 8:30 a.m. Accordingly, MHS class hours are now 8:30 a.m. to 3:30 p.m. Due to the change in MHS class hours, the District has requested an Amendment to the Agreement to change their priority use times for the tennis courts to coincide with the new school hours. Item: 10.K. 134 Honorable City Council 10/02/2024 Regular Meeting Page 2 DISCUSSION In the current Agreement, priority use is granted to the District on school days from 8:00 a.m. to 2:30 p.m. for physical education classes (all eight courts) and from 2:30 to 5:00 p.m. for CIF tennis team practices (six courts) and matches (eight courts). The District has requested these times to be changed to 8:30 a.m. to 3:30 p.m. for physical education classes, 3:00 p.m. to 5:30 p.m. for CIF tennis team practices, and 3:30 p.m. to 6:00 p.m. for CIF tennis matches. The proposed changes are summarized in the table below. Priority Times Current Agreement Suggested Revision Physical Education Classes (8 courts) 8:00 a.m. – 2:30 p.m. 8:30 a.m. – 3:30 p.m. Team Practices (6 courts) 2:30 – 5:00 p.m. 3:00 – 5:30 p.m. CIF Matches (8 courts) 2:30 – 5:00 p.m. 3:30 – 6:00 p.m. The Agreement also allows for priority use of four (4) courts during school breaks, but no changes to these times have been requested by the District. The Agreement currently requires the District to notify the City of their schedule by August 1, and states that courts not reserved will remain open to the public and the City may schedule use of the courts at its discretion. The District utilizes the courts approximately 100 to 120 weekdays during the school year for CIF team practices and matches. For example, for the 2024/25 school year, the District has submitted a schedule that includes 24 match dates and 87 practice dates. Although there will be an impact to the public availability of courts at AVCP, it should be noted that there are tennis courts available to the public at Tierra Rejada Park and Mammoth Highlands Park. Additionally, dedicated pickleball courts are available at Tierra Rejada Park, and dual-striped courts (for tennis and pickleball) are available at Miller Park. To mitigate the impact of the proposed changes on City programming, the date by which the District must submit their use schedule for the school year will be changed from August 1 to July 1. Additionally, to ensure courts reserved by the District are actually used, a clause has been added that will allow the City to request schedules for physical education classes, team practices, and CIF matches to verify court use. Courts reserved but not actually scheduled for use will be removed from the reservation and made available for City or public use. Staff has prepared a draft amendment to the Agreement (attached) which will replace in its entirety Section 3, Use, of the Agreement. Since this section is already being revised per the District’s request, staff has also removed the paragraph allowing the parking of school buses in Lot A, as bus parking is no longer allowed at AVCP. 135 Honorable City Council 10/02/2024 Regular Meeting Page 3 The draft changes to the Agreement were presented at the September 3, 2024, Parks and Recreation Commission meeting. Robert Dearborn, MHS Athletic Director, and Daniel Windle, Head Tennis Coach, attended in order to answer questions regarding the high school tennis program. One email comment was received from a tennis player against the changes. At the meeting, two pickleball players spoke during public comment, primarily requesting additional information related to the maintenance obligations of the District and requesting to receive advance notice of the CIF practice and match schedules. After a brief discussion, the Parks and Recreation Commission approved staff’s recommendation to make a recommendation to the City Council to approve the Amendment to the Agreement with Moorpark Unified School District to change the priority use hours for the courts at Arroyo Vista Community Park as outlined in the staff report. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT There is no fiscal impact to changing the District’s priority use hours. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Amendment No. 1 to the Agreement for Use of Arroyo Vista Community Park Tennis Courts with staff recommendations as contained in the agenda report, and authorize the City Manager to sign the Amendment, subject to final language approval by the City Manager. Attachment: Draft Amendment No. 1 to 2003-236, Agreement for Use of Arroyo Vista Community Park Tennis Courts 136 AMENDMENT NO. 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK UNIFIED SCHOOL DISTRICT FOR USE OF ARROYO VISTA COMMUNITY PARK TENNIS COURTS THIS AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK UNIFIED SCHOOL DISTRICT FOR USE OF ARROYO VISTA COMMUNITY PARK TENNIS COURTS (hereinafter “Amendment”) by and between the CITY OF MOORPARK (hereinafter "City”) and MOORPARK UNIFIED SCHOOL DISTRICT (hereinafter “District”) is made and entered into as of this ______ day of _________________, 2024. WHEREAS, on June 25, 2003, the City and District entered into an Agreement for the use of tennis courts and associated facilities and equipment located at Arroyo Vista Community Park; and WHEREAS, District has requested, and City has agreed, to modify District’s priority use hours of courts, and now wish to document said Agreement by jointly approving this Amendment. NOW, THEREFORE, it is hereby agreed by and between the parties that: I. USE Section 3, Use, is amended by replacing this section in its entirety as follows: “Section 3. USE City agrees that District shall have use of Courts for Moorpark High School physical education tennis classes, Moorpark High School Tennis Team practices, Moorpark High School CIF Intramural Tennis matches in which Moorpark High School is a participant, and other official District sponsored tennis activities in which the District is a participant during the days and hours identified in this Agreement. District is granted priority use and access to Courts for the aforementioned purposes during days and hours specified in this Agreement and pursuant to the procedures outlined in the Agreement. Priority use shall mean that the use of Courts will be set aside for use by District and will not be available to the public or other entities, unless District has elected not to utilize Courts on a given date or time. District agrees that it will not charge any users a fee at any time for use or access to the Courts. To secure its priority use, within the days and times identified in this Agreement, District agrees to reserve the Courts using the following procedures: District shall provide to City, in writing by July 1 of each year, a schedule of intended use, consistent with the days and hours granted to District in this Agreement. If the ATTACHMENT 137 District elects not to reserve Courts as so stated, it forfeits its priority use rights for said unscheduled dates, and City may schedule use of Courts at its sole discretion. District agrees that it shall not grant use of Courts to a third party. District has priority use as follows: A. Weekdays when school is in session: a. Use of up to eight (8) courts for high school physical education classes from 8:30 a.m. to 3:30 p.m. b. Use of up to six (6) courts for high school CIF tennis team practices from 3:00 to 5:30 p.m. c. Up to eight (8) courts from 3:30 p.m. to 6:00 p.m. for tennis team matches and tournaments. B. Weekdays when school is not in session: a. Use of up to four (4) courts from 8:00 a.m. to 12:00 p.m. At all other times, the City shall have priority use of Courts and may schedule use of Courts at its sole discretion. District may be required to provide physical education class schedules, team practice schedules, and/or match schedules to demonstrate that all reserved Courts are being utilized. If any reserved Courts are not actively utilized by District, said Courts shall be made open and available for City programming or public use. In the event District has reserved Courts during its priority use times, as identified above, but no longer needs said use, District agrees to notify City in a timely manner, and the City shall have the right to use Courts at its sole discretion. District may request, in writing to City, use of Courts outside of its priority use time. City agrees to grant said request as long as there are no prior commitments or reservations for Courts, and reasonable tennis court availability is maintained for the public use. The City’s approval of said use shall be made to the District in writing. City may request use of Courts from District during District’s priority use time, in writing. District agrees to relinquish use of Courts to City if it has no scheduled activity. District agrees to follow and enforce all rules and procedures set forth by City for Courts, AVCP, Arroyo Vista Recreation Center and gymnasium. For District activities, District agrees to provide adult supervision on Courts at its own cost. 138 Said adult supervision shall have District authority to take corrective action against all individuals participating in District activity at Courts and shall take such action to protect Courts and surrounding City property. District agrees to pay for any damage, beyond normal wear and tear, to Courts and surrounding City property, resulting from its use of Courts including, but not limited to fencing, lights, restrooms, landscape, irrigation, benches, parking lots, gymnasium, and recreation center. The District agrees not to allow the sale or consumption of food and beverages on Courts without prior written authorization of City.” II. Remaining Provisions All other provisions of the aforesaid Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK MOORPARK UNIFIED SCHOOL DISTRICT _______________________________ _______________________________ Troy Brown Kelli Hays City Manager Superintendent Attest: _________________________________ Ky Spangler City Clerk 139