TITLE
Recommendation to authorize City Manager, or designee, to execute all documents necessary to terminate Revocable Permit No. 19015, and enter into a new revocable permit with Lagoon Play Group, a nonprofit organization, to continue to provide a parent-participation preschool in the Model Boat Shop/preschool building, adjacent to the Colorado Lagoon, 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 1952, Lagoon Play Group (Permittee) has operated a preschool in the Model Boat Shop area, adjacent to the Colorado Lagoon, for children ages three to five years. On June 24, 1986, the City Council approved the issuance of Revocable Permit No. 19015 to Permittee 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 part of the area, including the preschool building and adjacent fenced play yard, for the unique model boat program.
Prior to 2008, the preschool program had been held outdoors and adjacent to the Model Boat Shop. In 2008, the City of Long Beach (City) constructed an indoor preschool classroom and an Americans With Disabilities Act (ADA) accessible restroom. The indoor classroom and ADA restroom were designed to connect to the Model Boat Shop and the existing small restroom, creating one complex. The newly-constructed indoor preschool classroom provided an indoor learning environment for the first time, and helped to accommodate the growing preschool program. Partial funding for the required planning documents and construction was provided by the Permittee.
PRM is in the process of reviewing and updating older contracts to bring them up to current City contract standards and to clarify the terms of the contracts. Revocable Permit No. 19015 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 Classroom and Joint Use Restrooms: Permittee shall have exclusive use of the indoor preschool classroom, along with non-exclusive use of the joint use restrooms, to operate a parent-participation preschool. The weekly schedule is Monday through Friday, excluding school holidays, from 8:00 a.m. until 3:00 p.m., or on the days and hours approved by the Director of Parks, Recreation and Marine (Director).
o Joint Use Outdoor Area: Permittee shall have exclusive use of the joint use outdoor area during the Permit term of September 1, 2018 through June 10, 2023, each calendar year. During the last half of June and the months of July and August, the City shall have exclusive use of the joint use outdoor area for PRM summer programs.
o Model Boat Shop Area and Joint Use Garage Bay: Permittee may, at the discretion of the Director, use the joint use garage bay to conduct the preschool program during the Permit term. Permittee agrees to remove its property by the end of the Permit term so that PRM may access the Model Boat Shop for summer programming. The Model Boat Shop area is specifically restricted for PRM use only.
• 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 City shall maintain the joint use outdoor area in a safe and clean manner.
• 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.
• 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 8, 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