TITLE
Recommendation to authorize City Manager, or designee, to execute all documents necessary to terminate Revocable Permit No. 19586, and enter into a new revocable permit with Bay Shore Nursery School, a.k.a. Bayshore Co-op Preschool, a nonprofit organization, to continue to provide a parent-participation preschool in the building in the Bayshore area of Alamitos Bay, for a term of five years, from September 1, 2018 through June 10, 2023, with one, five-year renewal option from September 1, 2023 through June 10, 2028, at the discretion of the City Manager. (District 3)
DISCUSSION
Since 1948, Bayshore Co-op Preschool (Permittee) has operated a parent-participation preschool in the Bayshore area of Alamitos Bay, for children ages three to five years. On November 11, 1986, the City Council approved the issuance of Revocable Permit No. 19586 to Permittee to use a very small existing building to operate a parent-participation preschool from September through mid-June each calendar year. During the last half of June and the months of July and August, the Department of Parks, Recreation and Marine (PRM) uses the preschool building as a part of the Summer Day Camp program.
PRM is in the process of reviewing and updating older contracts to bring them up to current City of Long Beach (City) contract standards and to clarify the terms of the contracts. Revocable Permit No. 19586 has not been updated since 1986; therefore, City Council action is requested to terminate said permit, and enter into a new revocable permit (Permit) with the Permittee.
The proposed new Permit contains the following major provisions:
Permit Term: Five years, commencing September 1, 2018 through June 10, 2023, each calendar year. The Permit term shall observe the Long Beach Unified School District’s traditional school year, and will begin one week after the start of the school year, and conclude one week before the end of the school year. The City reserves the right to revoke the Permit upon 30-days written notice by the City Manager or designee.
• Renewal Option: One, five-year renewal option from September 1, 2023 through June 10, 2028, at the discretion of the City Manager or designee.
• Permit Locations and Use (Attachment):
o Preschool Building: Permittee shall have non-exclusive use of a portion of a small City-owned building in the Bayshore area of Alamitos Bay to operate a parent-participation preschool. The preschool meets on various weekdays from 8:00 a.m. until 3:00 p.m.; however, the days and hours of operation are subject to approval by the Director of Parks, Recreation and Marine (Director). PRM retains the exclusive right, year-round, to a portion of the preschool building for storage purposes, and use of the remainder of the preschool building during the last half of June and the months of July and August for summer programming.
o Storage Sheds: Permittee shall have the right to store three Permittee-owned and provided storage sheds adjacent to the Bayshore sports courts. The storage sheds shall be used only to store preschool supplies and equipment, such as tricycles, toys, and other supplies used to operate the preschool. The Permittee shall be responsible to maintain the storage sheds; the type, color, maintenance standards, and location of the storage sheds shall be approved in advance and in writing by the Director.
o Public Walkway: On preschool days, during scheduled hours of operation, the Permittee shall have exclusive use of the public walkway between the preschool building and the storage sheds to protect and control the preschool’s children. Permittee may erect temporary fencing during each preschool day and must remove the temporary fencing at the close of each preschool day. On preschool days, during hours of operation, the public shall be directed around the premises to an Americans with Disability Act (ADA) accessible walkway to access the Bayshore area.
o Bayshore Playground: Permittee shall have non-exclusive use of the Bayshore Playground on preschool days during hours of operation, and while the playground is open to the public.
o Bayshore Roller Hockey Rink: Permittee shall have non-exclusive use of the nearby Bayshore Roller Hockey Rink, as approved by the Director, when the rink is not being used by the City or otherwise permitted.
• Permit Fee: Permittee shall pay to the City $450 in annual rent, due by September 30 of each Permit term. The annual rent will cover the cost of City-provided utilities and basic maintenance of all Permit locations. The Permit fee may increase during the Permit term, as authorized through the City’s normal budget process.
• Utilities: The City shall provide and pay for all utilities, including telephone, water, gas, and electricity service. No internet service shall be provided, nor paid for by the City.
• Maintenance: The City shall provide limited basic repairs to keep the Permit locations habitable. The Permittee is responsible for the maintenance of its storage sheds.
• Improvements: Permittee, at its sole cost and expense, may install, erect, or make improvements or repairs to the Permit locations, upon prior written approval by the Director. All approved improvements shall become the property of the City, unless otherwise stated in writing by the Director.
• Parking: Public metered parking is available on a first-come, first-served basis. Metered parking is also available to preschool employees, board members, parents, and visitors. City parking passes will not be issued unless approved in writing by the Director.
• Fingerprinting: Pursuant to PRM policies regarding adult activity with children in City parks, Permittee shall ensure that all teachers, parents or guardians, and volunteer participants are fingerprinted through Live Scan, as a part of the background check process, prior to teaching and/or interacting with children.
• Insurance: Permittee shall provide evidence of insurance as required and approved by the City’s Risk Manager.
This matter was reviewed by Deputy City Attorney Linda T. Vu on March 12, 2018 and by Interim Budget Bureau Manager Grace Yoon on March 16, 2018.
TIMING CONSIDERATIONS
City Council action is requested on April 3, 2018, to execute the new Permit prior to the start of the FY 18-19 Permit year.
FISCAL IMPACT
Annual revenue in the amount of $450 will be deposited in the Tidelands Operations Fund (TF 401) in the Parks, Recreation and Marine Department (PR). There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
STEPHEN P. SCOTT
INTERIM DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER