HomeMy WebLinkAboutAGENDA REPORT 2018 0815 CCSA REG ITEM 09ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 8.15.2018
ACTION Approved staff
recommendation
BY M. Benson
A. Consider a Cross Country Meet at Arroyo Vista Community Park (AVCP) and
Letter of Agreement to the Moorpark Unified School District (MUSD) for the
Event. Staff Recommendation: Support the 2018 Moorpark High School cross
country race at AVCP and approve a Letter of Agreement with MUSD, as
outlined in the staff report, subject to final language approval of the Agreement
by the City Manager.
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 8/15/2018 Regular Meeting
SUBJECT: Consider a Cross Country Meet at Arroyo Vista Community
Park and Letter of Agreement with the Moorpark Unified
School District for the Event
BACKGROUND AND DISCUSSION
Moorpark High School (MHS) has requested use of the multi-use trail and portions of
the open turf areas at the east end of Arroyo Vista Community Park (AVCP) to host a
league cross country race on September 27, 2018. The reason for the request is due to
the fact that the league course typically used for this event is unavailable due to a film
shoot. The league typically schedules their races at Corriganville Park in Simi Valley.
MHS has stated that they do not intend to request use of the recreational trail at AVCP
in this capacity on a regular basis. The request is somewhat of an emergency, as there
is not another local course available during this time.
The course that MHS is proposing will start and finish at the east end of the park
adjacent to the Pepper Tree Pavilion. Runners will primarily utilize the recreational trail
and run around the perimeter of the park several times to complete the approximate
three mile cross country race. MHS anticipates that there will be a total of six races
starting at 3:00 p.m. and ending at 6:00 p.m., with approximately 450 runners
participating in the event.
Currently, American Youth Soccer Organization (AYSO), Moorpark Musketeers Football
Association (MMFA), and Moorpark Girls Softball Association (MGSA) have priority use
of the athletic fields and softball fields at AVCP through their respective Use
Agreements. MMFA does not have any conflicts with the event, as their fields are
generally located away from the course. However, both AYSO and MGSA have
scheduled practices or games during the time of the event. AYSO has stated that they
will accommodate the High School and move their practices to Poindexter Park if
needed. MGSA has several games scheduled on September 27, however, they have
stated that they will be finished by 2:00 p.m. and do not anticipate any conflicts.
Moorpark Municipal Code (MMC) 12.16.160 (Requirement and enforcement of park
rental permits) states that rental permit requirements will be established by City Council
Item: 9.A.
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Honorable City Council
August 15, 2018 Regular Meeting
Page 2
resolution. City Council resolution 2016-3528 (Rules and Regulations Governing City
Park Rentals), Section 4.1 (Park Rental Permits Required), states that a park rental
permit is required for groups of 25 or more at AVCP. It is anticipated that the cross
country race will include more than 25 participants. However, there is currently no
rental fee established for trails, and for practical reasons, rental permits for trails have
not been issued.
Although the AVCP loop trail cannot be rented by MHS for the cross country race
through the normal rental permit process, MMC 12.16.170 (Park use agreements) gives
the City Council the authority to enter into a written agreement so long as such
agreements are consistent with the provisions of Chapter 12.16 (Parks and Open
Space) of the MMC.
Currently, the City co-sponsors the Rotary Club of Moorpark Noontime’s Mammoth Run
event, which is held on the Sunday after Country Days at Mammoth Highlands Park.
Additionally, in February of this year, the City co-sponsored Moorpark Unified School
District’s (MUSD) Ground Hog Day Run, which also utilized the recreational trail at
AVCP. In the same vein, staff recommends supporting Moorpark High School’s cross
country race by entering into a park use agreement with MUSD for use of the
recreational trail and open turf areas at the east end of AVCP. Granting use of AVCP
for the cross country race is an excellent opportunity to work cooperatively with MUSD,
promote health and fitness activities in the community, and highlight the recreational
trail at AVCP.
In order to use the recreational trail at AVCP, MUSD will need to meet certain
conditions, including providing proof of insurance, providing crossing guards and traffic
control staff for the park areas affected by the run, and providing directional signage for
the event. Additionally, MUSD will be required to post notices one week prior to the
event at certain locations throughout the park to inform the public of the three hour
closure. Staff has prepared a draft Letter of Agreement between MUSD and the City
outlining the terms of the agreement.
FISCAL IMPACT
Staff does not anticipate that there will not be any direct costs associated with the use of
the park for the event. However, the Letter of Agreement requires MUSD to reimburse
the City for all direct costs, if incurred.
STAFF RECOMMENDATION
Support the 2018 MHS cross country race at AVCP and approve a Letter of Agreement
with MUSD, as outlined in the staff report, subject to final language approval of the
Agreement by the City Manager.
Attachment: Letter of Agreement
44
CITY OF MOORPARK
PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov
August 16, 2018
Dr. Kelli Hays, Superintendent
Moorpark Unified School District
5297 Maureen Lane
Moorpark, CA 93021
Subject: Letter of Agreement for the Moorpark Unified School District’s Cross Country
Race at Arroyo Vista Community Park on September 27, 2018
Dear Dr. Hays,
This letter is to confirm the City of Moorpark’s (hereinafter “City”) support of Moorpark Unified
School District’s (hereinafter “MUSD”) Cross Country Race (hereinafter “Race”) event to be
held on Thursday, September 27, 2018, and to grant use of the Arroyo Vista Community Park
(hereinafter “AVCP”) recreational trail and open grass areas.
The terms of the park use shall be in accordance with Moorpark City Council’s action on
August 15, 2018.
City agrees to:
1. Grant use of the AVCP recreational trail and open grass areas at the east end of
AVCP, east of Parking Lot D, between the hours of 3:00 p.m. and 6:00 p.m. for the
Race and staging areas.
2. Notify the public through the City website, social media, and E-mail blasts regarding
MUSD’s use of the recreational trail for the Race at AVCP on 9/27/18.
3. Provide MUSD with a participant waiver form to be signed by each individual
participating in the Race.
MUSD agrees to:
1. Provide the City with a site diagram of AVCP recreational trail portion of the Race,
including any proposed signage, water stations, traffic control measures, and
equipment locations, no less than thirty (30) days prior to the event date. Site
diagram must be approved in writing by the City Parks and Recreation Director.
JANICE S. PARVIN
Mayor
ROSEANN MIKOS, Ph.D.
Councilmember
KEN SIMONS
Councilmember
DAVID POLLOCK
Councilmember
MARK VAN DAM
Councilmember
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2018 Letter of Agreement, Moorpark Unified School District Cross Country Race
2
2. Provide and install a minimum of four (4) signs notifying the public of the trail closure
times seven (7) days prior to the event. Signs and locations shall be approved by
the City Parks and Recreation Director.
3. Provide a minimum of four (4) crossing guards to assist pedestrians at the following
areas:
a. The intersection of the park access road and parking lot A.
b. The intersection of the trail and the two parking lot entrances at parking lot B.
c. The intersection of the park access road and the recreational trail near
parking lot C.
Crossing guards must be at least eighteen (18) years of age and equipped with a
reflective vest and stop sign.
4. Provide no less than three (3) staff or volunteers to monitor use of the AVCP
recreational trail from 3:00 p.m. until the last runner has exited AVCP.
5. Procure, and thereafter maintain in full force and effect at MUSD's sole cost and
expense, the following types and amounts of insurance: A general liability insurance
policy written with a company acceptable to City and authorized to do business in
the State of California. Such policy shall provide for a minimum coverage of One
Million Dollars ($1,000,000) for bodily injury or death of any person or persons in any
one occurrence, and One Million Dollars ($1,000,000) for loss by damage or injury to
property in any one occurrence and shall include automobile coverage. The policy
shall contain a provision providing for a broad form of contractual liability. The policy
or policies shall be written on an occurrence basis. The policy shall name the
Moorpark Unified School District as the insured and the City of Moorpark as an
additional insured. MUSD shall furnish City evidence of all insurance policies
required by this Agreement in the form of a Certificate of Insurance and additional
insured endorsement.
6. Obtain a fully executed participant waiver form for each individual participating in the
Race, including a parent or guardian signature for minors under age 18.
7. Reimburse City for all direct costs, including but not limited to non-management staff
costs within ninety (90) days of the event.
Indemnification and Hold Harmless:
The Moorpark Unified School District (MUSD) hereby agrees to indemnify, defend (with
counsel reasonably acceptable to City) and hold harmless the City, and any and all of its
employees, officials, volunteers, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened,
including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness
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2018 Letter of Agreement, Moorpark Unified School District Cross Country Race
3
fees), to the extent same are caused in whole or in part by any gross negligence or wrongful
act, willful misconduct, error or omission of MUSD arising in whole or in part from MUSD’s
officials, volunteers, contractors, agents, and run participants participation in the Cross Country
Race.
City does not and shall not waive any rights that it may have against MUSD by reason of this
Section, because of the acceptance by City, or the deposit with City, of any insurance policy or
certificate required pursuant to this Agreement. The hold harmless and indemnification
provisions shall apply regardless of whether or not said insurance policies are determined to
be applicable to any losses, liabilities, damages, costs, and expenses described in this
Section.
Please sign where indicated below and return both original signed copies of this letter to the
City to acknowledge your acceptance of this agreement. A fully executed copy will be returned
to you.
We appreciate your desire to serve the community and promote health and wellness in
Moorpark.
SIGNED:
__________________________________________ _______________
Dr. Kelli Hays, Superintendent Date
Moorpark Unified School District
__________________________________________ _______________
Troy Brown, City Manager Date
City of Moorpark
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