Loading...
HomeMy WebLinkAboutRatify - C32410 - Fitness Pass Fee IncreaseSTAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: June 28, 2018 PREPARED BY: Johnny Terfehr, Management Analys -- REQUEST: Recommendation Request for review and ratification of the Fitness Pass fee increase from $25.00 to $50.00 per year by the Desert Recreation District as allowed by Contract No. C32410 Section 5.1.1. By Minute Motion, ratify the Fitness Pass fee increase from $25.00 to $50.00 per year by the Desert Recreation District as allowed by Contract No. C32410 Section 5.1.1. Strategic Plan Obiective The Desert Recreation District (DRD) provides comprehensive services to the residents of Palm Desert at the City's various parks and recreational facilities. This enables the City to provide pervasive recreational and exercise opportunities consistent with the objectives of the Strategic Plan. Executive Summary Approval of staff's recommendation will ratify DRD's increase for the Palm Desert Resident Fitness Pass from $25.00 to $50.00 per year. This will help the DRD meet the budget gap created by increases to the minimum wage in California. Background Analysis The City and DRD have successfully partnered to provide recreational services in Palm Desert for more than 25 years. The DRD, as a special district, receives portions of property tax revenue to provide recreational opportunities for residents within the boundaries of their district. In addition, the DRD charges user fees, which supplement the property tax revenue. With these funds, the DRD provides all operations and programming offered to Palm Desert residents and visitors. The DRD also supports several sports programs and special events within the City and our various parks. Due in part to minimum wage increases, the DRD intends to increase the Fitness Pass membership fee from $25.00 to $50.00 per year for Palm Desert residents. This would be the first fee increase since 2006 and would result in approximately $81,000.00 in increased revenue for the DRD if memberships remain stable. Palm Desert and Indio residents are the only residents in the DRD service area that are still paying $25.00. The new fee of $50.00 is substantially lower in cost than local fitness centers and $25.00 lower in cost than the La Quinta Wellness Center (see cost comparison provided in an attached DRD letter). June 28, 2018 - Staff Report Contract No. C32410 Amendment No. 1 - Desert Recreation District Page 2 of 2 The proposal was brought before the Palm Desert Parks and Recreation Commission on April 2, 2018. After some discussion, the Commission voted 7-1 (Commissioner Housken voting no) to recommend to the City Council that the Fitness Pass fee be increased from $25.00 to $50.00 per year. Fiscal Analysis There is no direct fiscal impact to the City for this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A l'.4t- Ryan Stendell Robert W. Hargreaves Director of Community Janet Moore Lauri Aylaian City Attorney Development Director of Finance City Manager N/A APPLICANT: Desert Recreation District. 45-305 Oasis Street Indio, CA 92201 ATTACHMENTS: 1. Executed Copy of Contract No. C32410 2. Letter from DRD Dated April 2, 2018, Requesting Increase 3. Parks and Recreation Commission Minutes from April 2, 2018 AGREEMENT NO. C32410 BETWEEN THE CITY OF PALM DESERT AND THE DESERT RECREATION DISTRICT FOR CERTAIN PARK AND RECREATIONAL SERVICES This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation, hereinafter referred to as "City," and the Desert Recreation District, a public agency, hereinafter referred to as "DRD." WITNESETH: WHEREAS, the City owns or leases property that is used for various recreational, and community activities; and, WHEREAS, DRD also owns or leases certain property within the City presently used for such activities and is authorized and qualified to provide and administer these activities; and WHEREAS, DRD and the City currently have an agreement regarding part or all of the services addressed in this Agreement and wish to update, clarify and confirm their working relationship; and WHEREAS, the City desires the DRD to continue to provide and administer certain recreational activities and related services that benefit the residents of Palm Desert; and WHEREAS, the parties have developed a comprehensive scope of services and pricing matrix, as well as Exhibits as follows: Exhibit "A" — Scope of Services Exhibit "B" — Pricing Matrix Exhibit "C" — Listing of City Parks and Facilities and Parks Services Matrix WHEREAS, this Agreement does not affect the current "Lease/RD-447 " or any agreements between the City or DRD and Desert Sands Unified School District. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, and based upon confirmation that the recitals set out above are true and correct, the parties agree as follows: 1. Term. The term of this Agreement shall commence upon its execution by both parties, and shall extend through June 30, 2017. The term thereafter shall be automatically extended in five year increments until either party provides written notice to the other party of its desire that the Agreement terminate on its next anniversary date. Either party may terminate this • 4844-5656-0912.1 CONTRACT NO. C32410 Agreement without cause upon one year prior written notice to the other party; the length of such notice is intended to allow for budget adjustment for upcoming fiscal years. 2. Scope of Services. A. The City of Palm Desert owns or leases and operates 13 parks (hereinafter for purposes of this Agreement referred to as "City Facilities" or "Parks,"). The present list of City Facilities or Parks is described in detail in Exhibit "C," attached and incorporated as if fully set forth herein. This Agreement applies to all Parks even if not listed B. This contract provides for the following services to City Facilities: the administration of a facilities reservations system ("facility reservation services") as set out on Exhibit A, attached and incorporated here; the provision of park supervision services as set out on Exhibit A, attached and incorporated here; and the provision of custodial services, as set out on Exhibit A, attached and incorporated here. The scope of services may be revised as set out in this Section for "Change Orders." Services shall be provided at the level determined by the parties from the Parks Services Matrix, attached and incorporated as Exhibit `B" hereto. C. Change Orders: The parties may change the level of services provided hereunder by written agreement of the DRD General Manager and City Manager or their designees. The Change Order shall be in the form agreed upon by them and shall set out the change in level of services (increased or decreased), corresponding change in price, the City Facilities affected, and the beginning (and ending, if applicable) dates of the change. 3. DRD Obligations. 3.1 DRD shall provide the necessary personnel, supplies, equipment, and transportation to perform the named services at the level set out in this Agreement. 3.2 DRD shall collect and handle fees as set out in Section 5 below. 3.3 DRD shall notify City immediately of any potential safety hazards to City from City Facilities. DRD has no obligation in any way to warn third parties, cure or correct potential health, safety or welfare hazards. 3.4 DRD shall notify City of any damage to or misuse of City Facilities. Examples of reportable incidents include but are not limited to graffiti, vandalism and other types of property damage. 4. City's Obligations. 4844-5656-0912.1 2 CONTRACT NO. C32410 4.1 The City shall maintain all landscaping, equipment, and buildings in City Parks unless otherwise provided for a subsequent agreement (i.e. Palm Desert Community Center). City Facilities will be maintained in a clean and safe manner which allows DRD to provide the services set out herein. 4.2 The City shall provide all utilities for the City Facilities, and specifically shall allow DRD to use City trash receptacles. 4.3 City further shall have the specific obligations identified in Exhibit "A" and the payment obligations identified in Section 5, below. 5. Comnensation The fees charged, retained and billed varies depending upon the type of service provided pursuant to Exhibit "A." The parties have developed a comprehensive Pricing Matrix for City payment to DRD, which Pricing Matrix is attached as Exhibit `B" hereto as if fully set forth herein (the "Pricing Matrix"). 5.1 Annual Fee Review and Adjustment: 5.1.1 DRD Fees and Charges: Annually, during its preliminary budget process DRD may review, and revise its fees and charges as set out in the Fees and Charges Manual. DRD agrees to incorporate field use fees as determined by the City Council into its Fees and Charges Manual. DRD will notify the City Manager or his designee of any proposed change in fees under this Agreement and shall use its best efforts to obtain City review and ratification prior to adoption of DRD's final budget. 5.1.2 Pricing Matrix: The amounts payable to DRD shall increase annually without further action by either party based upon the Consumer Price Index or other inflator adopted by City for increases in its fees. In the event of an unexpected increase in the cost of supplies or materials (such as gasoline) DRD may request a one-time increase in fees to meet such increased costs. 5.2 Fees for facility reservation services: 5.2.1 DRD shall collect the City administration fees for facilities use and thereafter remit the amounts of those fees to City on a monthly basis along with a summary/documentation for the payment provided. 5.2.2 FIELD RESERVATION MANAGEMENT FEE. City shall pay DRD a field reservation management fee for the entire period of this Agreement and any extension thereof in the annual amount of set out on Exhibit `B," the Pricing Matrix, and identified as the " Field Reservation Management Fee." DRD shall invoice City monthly for the Field Reservation Management Fee, which shall be paid monthly, in arrears, within 30 calendar days of receipt of the DRD invoice. 4844-5656.09121 3 CONTRACT NO. C32410 5.3 For Supervisory, Janitorial, and Skate Park staffing services 5.3.1 DRD shall be reimbursed for all expenses incurred on a monthly basis per the hourly rates defined in Exhibit "B," Pricing Matrix. DRD shall invoice the City monthly and provide a documented accounting of hourly charges, which shall be paid monthly, in arrears, within 30 calendar days of the receipt of DRD invoice. 6. Marketing and Promotional Materials: DRD may include City Facilities and activities under this Agreement in its marketing or promotional materials without additional consent from the City. City may include DRD and its personnel, facilities or activities under this Agreement in its marketing or promotional materials without additional consent from DRD. 7. Compliance with Laws/Non Discrimination. The services under this Agreement shall be provided in accordance with applicable local, state, and federal laws and regulations and specifically without discrimination as to protected categories of users. 8. Insurance. 8.1 DRD Insurance. DRD shall procure and maintain at all times it performs any portion of the services set out in Exhibit "A" (the "Services") the following self- insurance with minimum limits as follows: i. Commercial General Liability. Commercial General Liability Insurance that shall protect the City, and its officers, employees, officials, agents, and authorized volunteers from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising from performing any portion of the Services. (Form CG 0001 and CA 0001) (Refer to chart below.) Such insurance shall be placed by insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A• or better, Class VI or better or as otherwise approved by the City. ii. Automobile Liability Insurance. Commercial Automobile Liability Insurance that is at least as broad as ISO CA 0001 per occurrence which shall protect the City and its officers, employees, officials, agents, and authorized volunteers from all claims of bodily injury, property damage, personal injury, death, and medical payments arising from performing any portion of the Services. Auto liability insurance shall cover owned, non -owned, and hired autos. iii. Workers' Compensation and Employers' Liability Insurance. Workers' Compensation Insurance and Employers' Liability Insurance for all of its employees performing any portion of the Services in accordance with the provisions of section 3700 of the California Labor Code ("Workers' Compensation Statute"). If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not protected under the Workers' Compensation Statute, adequate insurance coverage for 4844-5656-0912.1 4 CONTRACT NO. C32410 the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services. (Refer to chart below.) Type of Coverage Commercial General Liability Insurance and Any Auto Automobile Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments Each Occurrence General Aggregate Professional Liability — not required Workers Compensation (per accident or disease) Employer's Liability — not required Minimum Requirement $1,000,000 $2,000,000 $ -0- Statutory Limits $-0- 8.2 DRD Proof of Insurance. The DRD shall not commence performing any portion of the Services until all required insurance has been obtained and certificates or equivalent indicating the required coverages have been delivered to the City. Certificates or equivalent Memoranda of Cover document and insurance policies or equivalent shall include the following: 8.2.1 A clause stating: "This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to the City Clerk and Risk Manager, stating date of cancellation or reduction. Date of cancellation or reduction shall not be less than thirty (30) days after date of mailing notice." 8.2.2 Language stating in particular those insured, extent of insurance, location and operation to which insurance applies expiration date, to which cancellation and reduction notice will be sent, and length of notice period. 8.2.3 An endorsement stating that the City and its officers, employees, officials, agents, and authorized volunteers are named additional insured under the Commercial General Liability insurance policy. Coverage shall apply to any and all liability arising out of the work or related to the Contract. Additional insured stated under the general liability requirement shall be provided on Insurance Services Office Form CG 2010 with an edition prior to 2004, or its exact equivalent. CONTRACT NO. C32410 8.2.4 An endorsement stating that DRD's insurance policies shall be primary and non-contributing with any insurance or self-insurance maintained by City. 8.2.5 With the exception of professional liability insurance, if applicable, all policies shall be written on an occurrence form. 8.2.6 The City and DRD each waive subrogation against the other. 8.2.7 DRD agrees to deposit with City within fifteen days Notice to Proceed of the Contract, certificates of insurance and required endorsements. There shall be no recourse against the City for payment of premiums or other amounts with respect to the insurance required by the DRD hereunder. Any failure, actual or alleged, on the part of the City to monitor compliance with these requirements will not be deemed a waiver of any rights on the part of the City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any of said polices of insurance are canceled, DRD shall prior to the cancellation date, submit new evidence of insurance in conformance with this Section to City. In the event any policy of insurance required under this Agreement does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by the DRD, or the City will withhold amount sufficient to pay premium from DRD payments. 8.2.8 DRD agrees to provide immediate notice to City of any claim or loss against the DRD arising out of the services performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 8. 3. 0 City Insurance. City shall provide to DRD with the following insurance: 8.3.1. City shall, at all times during the term of this Agreement, maintain and keep in full force and effect, the following policies of insurance or self- insurance with minimum limits as indicated below and issued by insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A- or better, Class VI or better or as otherwise approved by the DRD. Commercial general liability at least as broad as ISO CG 0001 (per occurrence) $1,000,000 (general aggregate) $2,000,000. Workers' compensation in the statutory amount. 8.3.2 All insurance required by this section shall apply on a primary basis. City agrees that it will not cancel or reduce said insurance coverage and that if 4844-5656-0912.1 6 CONTRACT NO. C3241O it does not keep the aforesaid insurance in full force and effect DRD may take out such insurance and pay for it at City's expense. 8.3.3 At all times during the term of this Agreement, City shall maintain on file with DRD a certificate of insurance or the equivalent from City insurer, in a form acceptable to DRD, showing that the aforesaid policies are in effect in the required amounts. The general liability policy shall contain or be endorsed to contain a provision including the DRD, its officers, agents, employees and authorized volunteers -as additional insureds. 8.3.4 City shall promptly file with DRD such certificate or certificates and endorsements if applicable. Coverage for the additional insureds shall apply to the fullest extent permitted by law. No policy required by this section shall prohibit City from waiving any right of recovery prior to loss. District hereby waives such right with regard to the DRD, its officers, agents, employees and authorized volunteers. All insurance coverage and limits provided by City and available or applicable this agreement is intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage 9. Indemnification. 9.1 To the furthest extent permitted by California law, DRD shall, at its sole expense, defend, indemnify, and hold harmless the City and its officers, employees, officials, agents, and authorized volunteers (the "indemnified parties") from and against any and all demands, losses, liabilities, claims, suits, and actions (the "claims") of any kind, nature, and description, including, but not limited to, personal injury, death, property damage, and/or attorneys' fees and costs, directly arising out of, connected with, or resulting from the performance of the DRD's Services pursuant to this Agreement or from any activity, work, or thing done, permitted, or suffered by the DRD in conjunction with this Agreement, unless the claims are caused wholly by the sole negligence or willful misconduct of the City. The City shall have the right to accept or reject any legal representation that DRD proposes hereunder. 9.2 To the furthest extent permitted by California law, City shall, at its sole expense, defend, indemnify and hold harmless the DRD and its officers, agents and employees (the "indemnified parties"), from and against any and all demands, losses, liabilities, claims, suits and actions (the "claims") of any kind, nature and description, including, but not limited to, personal injury, death, property damage and/or attorneys' fees and costs, directly arising out of, connected with, or resulting from the provision of or failure to provide facilities and equipment pursuant to this Agreement, unless such claims are caused wholly by the sole negligence or willful misconduct of the DRD. The DRD shall have the right to accept or reject any legal representation that City proposes hereunder. 4844-5656-0912.1 CONTRACT NO. C32410 10. Personnel. In order to provide the services pursuant to this Agreement, the DRD shall hire and supervise personnel in accordance with the DRD's personnel policy rules and certification requirement and the specific provisions of this Agreement. This Agreement does not and shall not be deemed to create an employment relationship between the City and DRD employees or a joint venture between the City and DRD. 11. Emergency Contacts. Each party shall provide the other with twenty-four (24) hour emergency contacts. . 12. Termination for Default: Subject to the offset provisions of Section 5.4 hereof, in the event that either party consistently and repeatedly defaults in the performance of a material term or condition of this Agreement, prior to any notice of termination, the non -defaulting party shall give notice to the defaulting party as follows: 12.1 The representative for the non -defaulting party first orally shall discuss the default with the representative of the other party. 12.2 The non -defaulting party shall give notice of the specific default(s) and the proposed cure and shall allow at least 30 calendar days in which to cure or commence a cure. In the event that public health and safety is at risk the period for cure shall be 5 or fewer calendar days. 12.3 In the event that the default is not cured or a cure commenced within the time frames in subsection (b), the non -defaulting party may give 45 days' prior written notice of termination of the Agreement. In the event that public health and safety is at risk, the notice period shall be 10 days. 13. Amendments. Except as otherwise provided for Change Orders in Section 2, or fee changes under Section 5, any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the DRD Board of Directors and the Palm Desert City Council. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. This Agreement constitutes the entire agreement of the parties as to the subject matter hereof, and supersedes any other agreements, whether written or oral. 14. Contact Persons and Notice. All notices or demands of any kind served by either party to this Agreement by the other will be in writing and will be personally delivered or mailed by registered or certified mail, return receipt requested addressed to the representative of each party as set out here: City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 General Manager Desert Recreation District 45-305 Oasis St. Indio, CA 92201 4844-5656-0912.1 8 CONTRACT NO. C32410 15. Force Maieure. Performance by either party hereunder shall not be deemed to be in default, or considered to be a default, where delays or defaults are due to the force majeure including, without limitation, events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather -caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier (which are not attributable to the fault of the party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity) or any delay caused by a third party, including, without limitation, independent vendors and suppliers, whose performance is not within the control of the party. extension of time for any such force majeure cause shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay. The party seeking to invoke such force majeure provision shall give written notice to the other party within five business days of the date that the force majeure event has occurred, specifying (i) the date from which the enforced delay commenced and the actual or the expected final date, as applicable, for which an enforced delay extension of time of performance is then being sought, and (ii) a description of the particular circumstances, events, facts or occurrences which have given rise to the force majeure. 16. Litigation Costs. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attomey's fees and court costs in addition to any other relief granted by the court. 17. Interpretation of Agreement. The use of the words "shall or "must" or similar words within this Agreement is not intended to and does not create a mandatory duty of any kind. 18. Authority to Execute Agreement. Both the City and the DRD covenant that each individual executing this Agreement on behalf of each party is a person duly authorized to do so. 4844-56564912.1 9 CONTRACT NO. C32410 CITY OF PALM DESERT eY. A—dAZYQ',L(10 / r Mayor ATTEST: Dated: November 15, 2012 4844-5656.0912.1 10 DESERT RECREATION DISTRICT By: rr.", AV 'Presidint ATTEST: Approved as to form: 611jct tt nla-f Geneounsel CONTRACT NO. C32410 Dated: 12-tf� j z 4844-5656-0912.1 11 } Name(s) of Sgner(s) who proved to me on the basis of satisfactory evidence to be the person') whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/ehefther executed the same in his/Fier'theift authorized capacity(}es), and that by his/herithert.signature(61) on the instrument the person(s), or the entity upon behalf of which the person(y) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m h._ d and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 1 z1 SI t z before me, "L �� r itiroj Q to FTert; �n ale a r personally appeared Q A Af aS4 t DELIA BRANADOS Commission • 1962369 Notary Public - California Riverside County Mi Comm. Expires Jun 24. 2016 j Place Notary Seal Above Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer — Title(s): ❑ Partner — U Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: f 31Gtl I T IIJf::f3Pf+1'JI <)f- Top of thumb here of Notary Pu (1 .�\►c+ricer itrnal Number of Pages: •/ a Signer's Name: 0 Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top a thumb here 4eu v.e,w4eatro,rsw.werA44404wooefw:.,sec. 14404 teoweo-rdasie a4„6oevo w„w5r 4,stho et, toyer seeaswowool awwseoydo * 02007 National Notary Association. 9350 De Soto Ave., P.O.8ox 2402 'Chatsworth, CA 91313-2402- www.NelbnalNotary ory Nem 15907 Reorder: Cal Toll -Free 1-800878-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Mui..44aaA.iMu! Mumaok.gM.a'.`k...k..Mu WuwAu...4.iMu+.4W.NuaAu':uk: ok: Ma oAw alu:ah.±Ma Ada ski Mu!Mv.Nw.o.4w..ii.4.1,.'44u.Auwki.'ul1,34.,Ks1.4.;...ki...t/2,414,4.4,40v46.10+: 6 State of Califomia Riverside i County of OnDecember 21, 2012 before me, Date r personally appeared 4 4 A 4 4 A 4, Robert A. 1 M. G. SANCHEZ Commission • 1906339 Notary Public - California I Riverside County Mr Comm. Expires Oct 29, 2014 Piece Notary Seal Above Description of Attached Document O l ,1 Title or Type of Document: t!'_��Vf0 - )€Seri Re c:/�eL?//4Yl Sir/Cf Document Date: NO Pfilibe/ /5, ,90/,- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert A. Spiegel D Corporate Officer — Title(s): ❑ Individual ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I Other: Majrnr Signer Is Representing: City of Palm Desert Top of thumb here M. G. Spiegel } Sanchez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(R) whose name(*) is/a subscribed to the within instrument and acknowledged to me that he/sae/kw executed the same in his/ authorized capacity**, and that by his/3ie 1their signature(*) on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to pa s relying on and could prevent fraudulent removal and reattachment of this 1prm t another docu rein.; 7/lr' h Junc..U, ✓.2D/7 Number of Pages: Signer's Name: 0 Co rate Officer — Title(s): ❑ Individ ❑ Partner — ► imited ❑ General ❑ Attomey in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 02009 National Notary Association • NationelNotary.org • 1-e00-US NOTARY (1-800-876-6827) 11111021111 Top of thienb here 1 4 3 Item e5907 CONTRACT NO. C32410 EXHIBIT A - SCOPE OF WORK FACILITIES RESERVATIONS SYSTEM ADMINISTRATION 1. DRD is responsible for scheduling and reserving use of the City Facilities set out on Exhibit "C." 2. Scheduling shall be done pursuant to DRD Fees and Charges Manual as ratified by the City and other adopted DRD policies and procedures. DRD shall administer the reservation provisions of Chapter 11 and specifically 11.04 of the Palm Desert Municipal Code as those may be amended from time to time. DRD shall administer the reservation provisions for other City Facilities if not set out in that Chapter. As applicable, DRD shall require users requesting a reservation to use the approved forms or on-line application procedures. Where the City Facility or Park is to be used by 100 people or more, DRD additionally shall require such users to complete and meet the requirements for a "City Facility Reservation Application," including on- line procedures herein. 3. DRD shall collect a deposit, as well as cleaning and usage fees as required by the City and/or the DRD Fees and Charges Manual and shall maintain a detailed record of monies collected. DRD shall retum deposits once inspection of the premises by DRD staff deems the refund as warranted. 4. With the permit holder, DRD shall inspect all deposit -reserved facilities at the beginning and close of the reserved usage, for the express purpose of verifying deposit return eligibility. PARK SUPERVISION 1. Opening and Closing Facilities to the Public: a. The opening and closing of City Facilities is subject to weather conditions and recognized emergencies. DRD shall open and close all locked City Facilities (such as parks, restrooms, sports fields, and tennis courts) as specified by Palm Desert Municipal Code Section 11.01.020 or other ordinances or regulations of the City. 2. Supervision: a. DRD shall provide for supervision of City Facilities as follows: 1. One park supervisory employee shall be on duty between 6:00 AM and 11:00 PM, Monday through Sunday. 2. One additional supervisory employee shall be on duty from 2:00 PM to 11:00 PM Friday, Saturday, Sunday, and CITY designated holidays. 4844-5656-0912.1 12 CONTRACT N0. C32410 3. Additional park supervisory employees may be required as needed during scheduled events, holidays, and at other times as mutually agreed between DRD's General Manager and City Manager. DRD shall be compensated for additional park supervision staff at the hourly rate established under the Pricing Matrix attached as Exhibit "B." 4. One skate park supervisor will be on duty at the Civic Center skate park during all hours of operation/ b. Park supervision is to be provided based on the City of Palm Desert Park Inventory document, as that may be amended from time to time, and shall include, but not be limited to, the following duties: 1. Supervision of assigned areas; DRD staff shall maintain a daily log of their activities and hours of supervision provided each City Facility. 2. Post field and shelter reservations daily in designated locations. 3. Perform inspections of City facilities and maintain a written record of such inspections. The inspection form shall include any maintenance needs noted in the course of the inspection, and a log of any actions taken as a result of the inspection. Inspections shall be made available to the City upon request. 4. Carry a schedule of weekly events occurring in all park facilities at all times. 5. Pick up litter, trash and debris during supervisory visits to all parks or call for pick up, as appropriated. 6. Re -stock restroom supplies as needed. 7. Notify MUSCO Lighting to turn off field lights for energy conservation as needed. 8. Warn patrons as needed, regarding applicable City ordinances. 9. Administer and enforce the parks facilities reservations system as set out in Section A of this Agreement. 10. Greet all patrons, establish a check in time and verify reservation and instruct patrons on regulations. 11. Inspect reserved facilities after usage to determine any damages which have occurred since the last inspection. 4844-5656-0912.1 13 CONTRACT NO. C32410 12. Specific Duties for the skate park: i. Administer the skate park registration process, and collect user fees. ii. Confirm that all skate park users possess a valid user card. iii.Ensure that all skate park users abide by all rules and regulations, including wearing appropriate safety gear as applicable. iv. Document all incidents or accidents in accordance with DRD policies and procedures. c. DRD's patrol and supervision staff shall: 1. Hold and maintain current certifications in first aid and CPR. 2. DRD's supervision staff shall be knowledgeable of park rules and regulations as necessary for facilities' use and shall have the ability to warn of such violations. 3. DRD's supervision staff shall be equipped with corrununication devices for emergency uses. 4. DRD's patrol and supervision staff and/or janitorial staff shall utilize established emergency contact numbers (including 911) when appropriate to notify public safety and/or law enforcement officials of any injury to any individual on City property, of any condition that may be considered an immediate threat to public health and safety, or of any violation of City ordinance. After notifying public safety/law enforcement officials of any incident, DRD shall immediately notify the City Manager and/or his designee of the occurrence. 5. CITY is responsible for notifying DRD of any changes to the Municipal Code. CUSTODIAL SERVICES Janitorial and custodial services are to be provided based on the City of Palm Desert Park Listing of Properties and Park Service Matrix (Exhibit "C"), and may include, but not be limited to, the following duties: 1. Restrooms: a. Daily, DRD custodial staff shall clean and sanitize all toilets, urinals, and sinks; clean and stock all paper and liquid soap dispensers; remove all stickers, tape, strings, balloons, gum, spider webs, or other debris or material attached to floors, walls, ceilings or fixtures; empty and re -line trash receptacles; and hose -wash floors and surrounding hardscapes. b. Bi-weekly, DRD shall pressure -wash the entire interior of each restroom and its surrounding hardscape. 4844-5656.0912.1 14 CONTRACT NO. C32410 c. The restrooms at the following parks shall be considered a priority and shall be cleaned prior to other City Facilities: Civic Center Park (excluding the ball fields and skate park); Ironwood Park; Palma Village; Joe Mann Park; Freedom Park. Ball field restrooms shall move to the priority list when there is a scheduled event or tournament. 2. Record -keeping: a. DRD's custodial staff shall maintain a written record of daily work activities. DRD staff shall document their activities and hours of work in each park. All documentation shall be available to the City upon request. 3. Skate Parks: a. As needed, DRD shall remove litter, sweep, remove all stickers, tape, strings, balloons, gum, spider webs, or other debris or material attached to floors, walls, ceilings or fixtures; and empty and re -line trash receptacles. b. DRD shall wash tables and benches, DRD shall pressure wash all concrete surfaces at the Civic Center skate park as needed. c. Changes Order Provisions for change and revisions to services under Exhibit "A": In the event the parties wish to add services to those already provided under Exhibit "A," or to revise the nature of the services provided, the DRD General Manager and City Manager may agree to such changes in writing subject to the procedural requirements of each public agency. Such changes and the effective date thereof shall be shown on a revised and dated Exhibit "A" which shall be attached to this Agreement with the signatures of the General Manager and City Manager. All additional services provided shall be compensated at the rate set out on Exhibit "B." 4844-5656-0912.1 15 CONTRACT NO. C32410 EXHIBIT B — PRICING MATRIX Facility Reservation Management Fee (Annually): $ 40,644.68 Supervision Fee (Hourly Rate): $ 20.93 Janitorial Fee (Hourly Rate): $ 28.36 Skate Park Fee (Hourly Rate): $ 14.75 EXTRA WORK: CONTRACTOR shall provide the staff and equipment to perform the following additional work at the prices indicated below. 1. Pressure wash restroom interior $ 75.22 2. Pressure wash Dog Park $ 62.61 3. Clean a tennis court with a water broom $ 52.61 per et. 4. Clean a basketball court with a water broom $ 52.61 per ct. 5. Drag and water baseball field infield $ 62.61 per field 6. Pressure wash a playground $ 145.22 7. Additional labor (per hour) $ Position: See Billable Rates above $ Position: $ Position: $ Position: $ 4844-5656-0912.1 16 EXHIBIT C — PARK SERVICES MATRIX CONTRACT NO. C32410 Park Facility Park Classification Name Current Parks Cahuilla Hills Park Cap llommc / Ralph Adams Park Civic Center Park Community Gardens Open Space Open Space Regional Neighborhood Freedom Park Regional Community Ironwood Park Community Joe Mann Park Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Hovley Soccer Park Magnesia Falls Park Palma Village Park University Dog Park University Park East Washington Charter School Park Future Parks Portola & 1-10 Park University Park Central University Park West Amenities 1=Baseball 2=Basketball 3=Football Regional Neighborhood Neighborhood 6=Pickleball 7=Soccer 8=Open Grass /Turf 4—Volleyball 9=Horseshoes 5=Tennis 10Petanque \ of faint I)c.crt I'<1l {. In%cntor\ Acreage 26 +/- 27 +/- 70 +/- 14 +/- 15 +/- Owner / Administrator City City City City City/School District City 9 +/- City 1.5 +/- 8 +/- 1.37 +/- 2.25 +/- 2 +/- 2 +/- 20 +/- 42 +/- 2.1 +/- 11=Restrooms 12=Amphitheater 13-Concessions 14=Picnic Arca 15=Playground City City/School District City City City School District City City City 16-Hiking Trails 17=Dog Park 18=Slate1BMX 19-Aquatic Centex 20-Native Open Space Amenities 5,6,11,14,16,20 14,16,20 1,2,3,4,5,6,8,1 l , I2,13,14,15,17,18,19,22 11,14,23 1,2,3,4,5,7,8,11,13,14,15,17,18 2,7,8,9,10, I I,13,14, 15,21 8,11,14,15,20 2,4,8,11,14,15,17 1,3,7,8,11,14,15 2,4,8,11,14,15 11,17 2,8,11,14,15 2,7,8,14,15 21=Frisbee Golf 22-Comtmmity Center 23Garden Plots TBD TBD TBD 4844-5656-0912.1 17 CONTRACT NO. C32410 Park Classification Janitorial Services: Ambassador Services: Neighborhood Park: Open Space Park: Community Park Regional Park Regional -Civic -Center Park: Janitorial Services: I=Daily Restroom janitorial services including but not limited to: cleaning all toilets, sinks, floors, walls, stall dividers, emptying trash receptacles, stocking of supplies, and documentation of all activities. 2=1.5 Daily Rcstroom janitorial services including but not limited to: cleaning all toilets, sinks, floors, walls, stall divide's, emptying trash receptacles, stocking of supplies, and documentation of all activities. 3=Event driven or as needed Restroom janitorial services including but not limited to: cleaning all toilets, sinks, floors, walls, stall dividers, emptying trash receptacles, stocking of supplies, and documentation of all activities. 1 N/A 1,3 1,3 2,3 Ambassador Activities: 1=Continously monitor & patrol city parks 2=Pickup trash, litter and debris during supervisory visits 3=Inform park users of all applicable city ordinances, when necessary coordinate with local authorities (i.e. Code Compliance, Police, Animal Control) 4=Thoroughly document, and report to the City all supervision activites and occurrences 5=Administer and enforce the parks facilities reservations system 6—Make contact with all guests with reservations and instruct guests on regulations 7=Post field and shelter reservations 8=Inspect reserved facilities after usage to determine compliance 9=Coordinate sports lighting with Musco, based on field useage 1,2,3,4 1,2,3,4 1,2,3,4,5,6,7,8,9 1,2,3,4,5,6,7,8,9 1,2,3,4,5,6,7,8,9,10,11,12,13,14 15,16 10=Provide dedicated skate park attendant during skate park operating hours 1 l=Remove litter, trash and debris attached to any floors or walls at skate park. 12=Powerwash entire skate park facility quarterly 13=Wash skate park tables and benches every other day. 14=Administer the skate park registration card process. l5=Assure that all skate perk users posses a valid user card. 16=Assure that all skate park users abide by all rules and regulations. 4844-5656-0912.1 18 .„... • • Ale DESERT RECREATION DISTRICT Date: April 2, 2018 To: City of Palm Desert Parks and Recreation Commission From: Kevin Kalman, General Manager Subject: Fitness Pass Fee increase The State of California initiated incremental and ongoing increases to the minimum wage. By January 1, 2022 minimum wage will have increased by 50% from $10 to $15 per hour with the potential of up to 3% each year thereafter. All employer costs increase proportionately. By 2022 our same personnel will cost $1.3 more than today. 60% of DRD operating expenses are personnel related necessitating DRD to take immediate action to mitigate the impact of such an increase. Actions taken thus far include: 1. Implemented a 5-year wage schedule transition plan. a. Suspends merit -based and COLA increases until 2022. b. Reduced employer paid contributions to retirement. c. Reduced employer paid contributions to health and welfare benefits. 2. Divested from programs and services that were not meeting financial and community goals. 3. Investments in infrastructure to reduce energy consumption. (Lights, HVAC, turf removal, etc.) 4. Raised fees and charges for service where appropriate. The City of Palm Desert sets the fees DRD collects on the City's behalf. These fees include: Pavilion, sports field, amphitheater, park and Portola Community Center rental fees, and Desert Willow and Skate Park Membership fees. These fees remain unchanged until the City directs DRD otherwise. Each year as part of the budget process, DRD reviews and updates its own Fees and Charges Policy. Fees are reviewed, and updates made based on the cost of providing each service. Several factors are included in rate setting including the following: 1. Cost of providing the service 2. Market data for similar services 3. Future cost to maintain the service 4. Alternative sources of revenue available to provide the service On June 28, 2017, DRD Board of Directors took such action approving fees except for Fitness Pass fees. Fitness Pass (membership) fee approval is contingent on the approval of the Palm Desert City Council. While this is not a contractual agreement, it has been our practice for the City to approve membership fees at the Palm Desert Community Center. The unwritten understanding is that Palm Desert Residents will not pay more than Indio Residents for membership. The District currently charges $25 per year ($2.08 per month) for a Palm Desert and Indio Resident Fitness Pass. DRD intends to increase the fee to $50 per year ($4.16 per month) pending approval of the Palm Desert City Council. This is the first increase in fees since 2006. This item was presented to the Palm Desert Parks and Recreation Commission on October 3, 2017. The Commission tabled the item requesting more information. The following data reflects the request of the commission: • Total memberships District Wide 10,942 • Total Indio Residents with memberships 5,515 • Total Palm Desert Residents with memberships 3,257 • Palm Desert residents 14 to 18 years old 5% • Palm Desert residents 19 to 25 years old 16% • Palm Desert residents 26 to 40 years old 23% • Palm Desert residents 41 to 61 years old 29% • . Palm Desert residents 62 plus 27% • Estimated fiscal impact $81,425 in Palm Desert, $273,550 district wide. The other contingency for approval by the DRD Board was a 6 month notice to current members prior to the fee increase originally scheduled for January 1, 2018. Implementation is now scheduled for January 1, 2019. The DRD respectfully request the Commission's recommendation to the City Council to approve the updated Palm Desert Resident Fitness Pass fee. Market Membership Rates —June 2017 Provider Monthly Fee Annual Fee DRD n/a $50.00 Planet Fitness - Coachella $10.00 $120.00 24 Hour Fitness - Indio $26.99 $323.88 La Quinta Wellness Center n/a $75.00 (just raised was $50) Gold's Gym - Palm Desert $9.95 $119.40 Anytime Fitness - Indio $20.00 $240.00 World Gym - La Quinta $29.99 $359.88 Next Level Fitness - LQ/PD $99.99 $1,199.88 EOS Fitness - Indio and PD $9.95 $119.40 Cross Fit $105.00 $1,260.00 C_) CITY OF PALM DESERT MINUTES PARKS AND RECREATION COMMISSION REGULAR MEETING TUESDAY, APRIL 03, 2018 — 8:30 a.m. Administrative Conference Room — Palm Desert Civic Center 73-510 Fred Waring Drive, Palm Desert, Califomia 92260 I. CALL TO ORDER Chair Mike Hardin convened the meeting at 8:30 a.m. II. ROLL CALL Present: Chair Mike Hardin Vice Chair Van G. Tanner Commissioner Randy Guyer Commissioner Kim Housken Commissioner Lynn Bixen Commissioner Gerald Dawson Commissioner Mary Helen Kelly Commissioner Paul B. Murphy Ex-Officio Members: Rob Bellew, YMCA of the Desert Kevin Kalman, Desert Recreation District Absent Also Present: Ryan Stendell, Director of Community Development Tim Jonasson, Interim Director of Public Works Johnny Terfehr, Management Analyst Sabby Jonathan, Council Liaison Diane Hollinger, Landscape Specialist Angie Marron, Recording Secretary Guests: David Keyes, YMCA of the Desert / Aquatic Center Brenda Nutcher, Desert Recreation District Frank Taylor, Pickleball Community Representative John Greenwood, Planning Commission 1 PARKS AND RECREATION COMMISSION MINUTES APRIL 03. 2018 III. ORAL COMMUNICATIONS NONE IV. CONSENT CALENDAR A. MINUTES OF THE REGULAR MEETING OF TUESDAY, FEBRUARY 06, 2018 Rec: Approve as presented Upon a motion by Commissioner Tanner, second by Commissioner Guyer, Carried by an 8-0 vote of the Commission, (AYES: Kelly, Guyer, Dawson, Housken, Hardin, Tanner, Bixen, Murphy; NOES: None; ABSENT: None) the Consent Calendar was approved as presented. V. NEW BUSINESS A. JOE MANN PARK NEW PLAYGROUND EQUIPMENT - Presentation by Staff Johnny Terfehr presented the Commission with a tentative playground design proposal. The intention is to attract a more diverse crowd like seniors, children, and children with disabilities. They are still working on the old equipment. Mr. Terfehr stated that they are currently working with the YMCA and the possibility of having it donated to them. If the YMCA does not retain the playground, it was suggested that it be possibly donated to our sister city in Mexico. A combination of funding and a $75,000 grant is in the works. Mayor, Sabby Jonathan stated that we have to take into consideration the shipping costs. Mr. Jonathan suggests looking at local options first. Tim Jonasson, also mentioned that the liability still falls on the City if donated, which can be a challenge for the City of Palm Desert. Vice Chair Tanner asked on a time frame, Mr. Terfehr stated that they are working towards the summer. B. CIVIC CENTER UPDATE REPORT - Presentation by Chair Hardin Chair Hardin reminded everyone about what was talked about at the last meeting. It was suggested that one of the Commissioners select a park and bring back a report on it. He took it upon himself and chose Civic Center. Chair Hardin had a presentation and talked about how big the park actually is. It also goes along the wash, which is not a heavily viewed area that has D & G. Chair Hardin suggested the possibility of planting more trees. They did a fly over the entire park with a drone, and it shows the problem there is with duck waste. You can see where the ducks create holes and where they reside onsite. Chair Hardin asked if the removal of the duck feeder 2 PARKS AND RECREATION COMMISSION MINUTES ApRIL 03. 2018 should be something to consider, or is it better that people show up with their own pieces of bread. The over-all view of the presentation displayed some of the issues where it Tacks grass. Chair Hardin also inquired if someone would volunteer to do a report on another park; Commissioner Tanner volunteered to take on Freedom Park since he spends a lot of time there. Sabby Jonathan commented that it is difficult to tell park patrons not to throw bread to the ducks. Commissioner Kelly commented on how Civic Center is always busy with families on the weekend, it is a wonderful park. C. PARK FUNDING SOURCES Ryan Stendell presented a memo to the Commission. Mr. Stendell made it clear that he made a mistake at the previous meeting, indicating that some funds were used from Park Fund 233 for the San Pablo project. Park Fund 233 is a bit complex, but it is also the biggest savings account. Mr. Stendell indicated on how the funds are calculated. There are two variables on how the quimby fee is set up, which can be a bit confusing. There are a number of dwelling units (residential subdivisions), then current land valuation per acre. Fees have not been updated as of yet. It is highly likely that this should get simplified within the next year. Over the years, a couple of evaluations have been done in regards to the North Sphere Regional Park. The total cost for the park would be somewhere around $12.5-million. An average of 4200 rooftops with an average of the land value per acre of $225,000 would be ideal to generate essential funding. Again, this is just a quick tentative forecast of how park funding works. The City is currently sitting on a balance of almost $1.4-million. Commissioner Guyer asked if it can be spent anywhere or if it is geographically controlled funding. Mr. Stendell stated that it can be spent anywhere, it can be utilized for expansion not for maintenance. Park Fund 233 — Developer impact fees (Quimby Fees), is used to account for fees collected for residential and sub -division developments collected at either time grading permits are paid, or prior to the approval final map. These funds are restricted to being used for the creation of new parks, or improvements to existing parks. Funds are assessed to residential projects based on a formula containing current land valuation. Current fund balance - $1,387,776 Park Capital Fund 430 — A separated savings account set up for minor park improvements. This is an unrestricted capital account funded by the General Fund when monies are available and projects are imminent. As currently structured this fund helps pay for minor renovation projects, which cannot be paid for with 233 monies. Current fund balance - $63,482 3 PARKS AND RECREATION COMMISSION MINUTES ApRIL 03, 2018 Unspent Bond Proceeds — The City has funds on hand from previous bond issuance on behalf of the City's former Redevelopment Agency. Through the dissolution process, the only funds the City can legally retain were for projects specifically listed in the bond documents. Specifically listed projects are regional drainage improvements, interstate interchange (Portola Ave.) Civic Center Parking Improvements, Core Commercial Parking Improvements, and Alessandro Alleyway Improvements. The San Pablo project is contemplated in the General Plan as a critical project. The project is currently estimated at a total cost of $10-million, with preliminary funding coming from a variety of sources. Final allocations have not been solidified, however, will be approved by the City Council prior to award of a construction contract. There currently is not a balance on the Unspent Bonds. Maintenance & Operations General Fund 110 — Mostly funded for the maintenance of Civic Center and all daily activities, tree pruning, turf renovations, playground maintenance and repairs. Aquatic Center Special Revenue Fund 242 — It operates as its own special revenue. Annual operating expenses are drawn from this fund, with the shortfall being covered by a Transfer In from the General Fund at year- end. To date, the General Fund Transfer In had ranged from $550,000-$700,000 annually. Current fund balance - $1,890,200 VI. CONTINUED BUSINESS A. DRD FEES INCREASE Kevin Kalman presented a handout to the Commission demonstrating the fees and tentative changes. The district reviews the fees every year, and had to look at a number of things. Personnel implemented a 5-year transition plan; COLA and merit -based increases are suspended until 2022. There are also changes in the formula; a reduced allotment for health benefits, and reduced employer paid contributions to retirement. There is also plenty of retrofit on facilities, such as investments on infrastructure to reduce energy consumption. The Palm Desert facility is about 26 years old. One of the things that affects the City are membership fees. The City sets the fees; last time fees were raised was in 2006 from $10 to $25 a year. Currently it is at $25 and proposing to raise it to $50. One of the concems at the last meeting was the proposal of a fee increase and it affecting the senior community; Palm Desert age range is higher. In total, this would generate roughly $81,000, district wide it will generate over $200,000. 4 PARKS AND RECREATION COMMISSION MINUTES APRIL 03. 2018 Commissioner Kelly moved to, approve the Commission's recommendation to the City Council to approve the updated Palm Desert Resident Fitness Pass fee from $25 to $50. Motion was second by Commissioner Tanner and carried by a 7-1 vote of the Commission (AYES: Kelly, Tanner, Harding, Bixen, Guyer, Dawson, Murphy; NOES: Housken). VII. OLD BUSINESS A. PICKLEBALL FACILITY IMPROVEMENT Johnny Terfehr presented one of the most recent drawings that is intended for the pickleball court improvements. Mr. Terfehr met and discussed with some of the players regarding their requests. One of the most urgent things requested was the resurfacing of the courts and net replacement, which has been done. The players are requesting more courts, lighting, and squaring off the comers. The funding is there for the upgrades but it is all based on an actual decision moving forward. The skate park equipment is gone, which makes room for more grass area. Pickleball season is winding down. Frank Taylor stated that it has been chaos at the park with 75 - 100 people utilizing the courts. Mr. Taylor also mentioned that in November, the Indian Wells Tennis Gardens contracted a pickleball event. There will be well over 1400 players with families and will ultimately affect Palm Desert. It is the fastest growing sport in the U.S. and will continue to impact the City and the Coachella Valley. Mayor, Sabby Jonathan, asked if the City had more courts available, however not at Freedom Park. Altematively, a possible pickleball facility would seem ideal with 32 courts. It turns into a major deal when you consider all that comes with building a new facility. Sabby Jonathan mentioned it is worth exploring. A question was brought up regarding how many country.clubs embrace the sport. The Lakes has nine dedicated courts. Chair Hardin stated that pickleball courts were part of a recreational package within the parks. Is the City and the Commission willing to consider stadiums for pickleball, or continue to keep our parks recreational for our citizens. Vill. PRESENTATIONS AND UPDATES A. PARK USE REPORT - Magnesia Falls Commissioner Bixen went by the park, and did not see a soul there. It is often used on the weekends, especially for soccer toumaments. The biggest problem is that there used to be a sign that noted a contact number for any issues that might occur, and it is no longer there. There is also no parental supervision when Lincoln school is out. The two barbecue grills 5 PARKS AND RECREATION COMMISSION MINUTES APRIL 03, 2018 are vaguely used. Overall, it is a very well used park and it is a full ADA compliant park. B. PALM DESERT AQUATIC CENTER David Keyes stated that the facility had the Easter Sunday under water egg hunt. Mr. Keyes presented a video displaying the fun. Over 1000 people attended, making it their largest crowd ever. All the kids had lots of fun, traded eggs for goodies and ran four egg drops. It can be a bit stressful for the lifeguards so they doubled up on staff. A group from Canada came by and the facility had an uptick on lap swimmers. A group from LA was there taking photos and rented out the facility. Spring swim lessons started with 151 kids for the first two sessions. They are offering a low rate for anyone attending baseball or softball who come in with uniform. Mr. Keyes stated that they had an emergency in the pool in March. Death Valley National Park was conducting scuba diving lessons. There was an incident with one of the attendees. Facility employees were working on the victim until the EMT arrived. They were very impressed by the degree of CPR that was given to victim. Staff at the facility was able to maintain the victim's life until paramedics showed up. Staff was very responsive. The victim was taken off life support four days later, it was not a facility issue; he had a pulse leaving the aquatic center. Battalion Chief came to thank the aquatic center staff for doing such a great job. YMCA acted with extreme appropriateness. John Greenwood commented on how great the facility is; his boys do participate in swim lessons. The facility was very busy the beginning of the first week of spring break. They are now in the second week with less impact. C. FAMILY YMCA OF THE DESERT Rob Ballew gave .a quick update on camps. They just finished their campaign, which helps fund all the activities that take place and it raised over $550,000, which is good news for the YMCA. • Spring Camp — 55 kids • T-ball/Y Rookies — 90 kids • Spring Football —134 kids • Spring Egg Hunt / Healthy Kids Day — 1250 kids D. DESERT RECREATION DISTRICT Brenda Nutcher stated that the Senior Games are over. Numbers are up, pickleball was the highest played sport, and volleyball was second highest. Numbers were down for the swimming category, so it was dropped; they will try to push it next year. Spring camp just finished up, there were many drop -ins, registered kids were down, and they are currently trying to get another boot camp going. 6 PARKS AND RECREATION COMMISSION MINUTES APRIL 03, 2018 E. FRIENDS OF THE DESERT MOUNTAINS Update from Tammy Martin: Ribbon cutting was held, and they are seeking funds for the ADA trail that will be located at the visitor center. All trails are in good shape. Sabby Jonathan noticed there are "No Dogs Allowed" signs at the Art Smith Trail, and there were people with a dog off leash. What could be done about situations like that; he is concemed that Bighom residents will start to get involved. Mr. Stendell stated that they are working with the BLM on that issue. Trash receptacles will not be a consideration for mid points at hiking trails. All advising groups have advised against it; it is encouraging bad behavior. IX. COMMISSIONER, COUNCIL -LIAISON, AND STAFF COMMENTS Commissioner Kelly commented on the thank you letter that was provided. She thinks it was a great idea to see positive feedback because park patrons usually have complaints Mayor Sabby Jonathan commented on how dangerous it can be that dogs are off leash. He kindly asked a dog owner to put a leash on her dog and he was verbally attacked. Mr. Jonathan gave an update on the CV Link, which is a few steps forward. First, he saw the proposed updated design, and the park that will be constructed will be essentially from Monterey, Magnesia Falls, to Eldorado. The second important development, the CVAG Transportation Committee voted to allocate just under a million dollars towards the engineering and design of the link for Palm Desert, specifically. Lastly, there is a proposed apartment complex to be built near Hovley Soccer Park, between Carter Elementary and Canterra apartments. There has been some passionate and concemed residents about a 400-unit complex being constructed. Also, keep in mind the potential impact that Hovley Soccer Park may sustain. Rob Ballew mentioned that the rose garden is in full bloom and looks fabulous. Diane Hollinger put out an RFQ for replacement of the shade structure at Hovley Soccer Park playground. Commissioner Bixen thanked Mr. Terfehr for keeping them updated on events. Tim Jonasson was given a tour of all recreational facilities and commends the Commission for overseeing all parks. 7 PARKS AND RECREATION COMMISSION MINUTES APRIL 03, 2018 X. ADJOURNMENT With unanimous consent of the Commission, the meeting was adjoumed at 10:20 a.m. 8 Angie Marr cording Secretary