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CC 2015-02-10_11d Status of Elm Street Off Leash Dog ParkTO: FROM: MEMORANDUM CITY COUNCIL ROBERT K. MCFALL, INTERIM CITY MANAGER JOHN ROGERS, RECREATION SERVICES DIRECTOR SUBJECT: STATUS UPDATE AND CONSIDERATION FOR SHORT TERM AND LONG TERM OPERATION OF ELM STREET PARK OFF-LEASH DOG PARK DATE: FEBRUARY 10, 2015 RECOMMENDATION: It is recommended the City Council: 1. Direct staff to either: 1) Keep the Elm Street Dog Park open using contract staff to perform basic maintenance functions; or 2) Close the Dog Park until a determination is made on the long term operation of the Dog Park; 2. Approve an appropriation of $7,800 for maintenance costs if the Council directs to keep the Dog Park open; 3. Refer the evaluation of long term alternatives for the on-going maintenance and operation of the Dog Park to the Parks and Recreation Commission. FINANCIAL IMPACT: If the Dog Park remains open, staffing will be needed for minimal regular maintenance duties. Public Works staffing levels do not allow for coverage of these duties. Contracting for coverage of minimum Dog Park maintenance duties will be approximately $1,300 per month. It is estimated that up to six (6) months will be necessary to determine and establish the long term operational plan, for a total fiscal impact of up to $7,800 from the General Fund unappropriated fund balance. In addition, the City will incur costs for full time staff to handle inquiries and issues dealing with the Dog Park, that historically are not the responsibility of City staff. Due to the amount of time Recreation Services staff is spending addressing Dog Park related issues, there may be the need to fund temporary contract staff to assist with Recreation Services programming duties. Such need will be evaluated over the next few weeks. If the Council determines to close the Dog Park until a decision is made on the long term operation of the Dog Park, there would be minimal additional costs. Item 11.d. - Page 1 CITY COUNCIL STATUS UPDATE AND CONSIDERATION FOR SHORT TERM AND LONG TERM OPERATION OF ELM STREET PARK OFF-LEASH DOG PARK FEBRUARY 10, 2015 PAGE2 BACKGROUND: In January 2008, the City Council approved an Adopt-A-Park Agreement with the Five Cities Dog Park Association (FCDPA) which established guidelines for construction, maintenance and operation, and improvements to the Elm Street Off-Leash Dog Park. On October 28, 2014, an Updated Adopt-A-Park Agreement between the FCDPA and the City was approved by the City Council. Under the terms of the Agreement, the FCDPA was responsible to assist the City with maintenance and operation of the Dog Park. On January 29, 2015, the FCDPA notified the City that it was terminating the Adopt-A- Park Agreement effective immediately. ANALYSIS OF ISSUES: Since the FCDPA was the primary party responsible for maintenance and operation of the Dog Park, the City needs to evaluate and determine what course of action is most appropriate to provide for the future operation of the Dog Park. There are a number of possibilities for Council and the Parks and Recreation Commission to consider that will require some time to fully evaluate and adopt. Until then, the City is confronted with the viability of keeping the Dog Park open, recognizing the need to assume the maintenance and operation functions previously performed by the FCDPA. If the Dog Park remains open for the short term: Public Works staffing levels do not allow for the additional responsibility of regular Dog Park maintenance duties, which could be 15 -20 hours per week. Until an agreement can be developed with another organization for regular maintenance and operation of the Dog Park, the City will need to commit funding for contract staff to be hired for minimal regular maintenance duties. Any funding for this purpose may potentially impact funding for priorities already identified in the City budget. The City currently has a long term contract with a landscape contractor that was engaged through the competitive bidding process that has estimated the cost to be approximately $1,300 per month. This level would provide a "basic" maintenance condition to ensure the overall cleanliness and safety of the facility, but would not provide for oversight or enhancements. Using community volunteers for regular maintenance of the Dog Park was also considered. The FCDPA did operate with volunteer "Bark Rangers", but the FCDPA was responsible for recruiting, training, scheduling and supervision of those volunteers as part of the Adopt-A-Park Agreement. No such agreement or oversight structure now exists. A significant amount of staff time would likely be required to coordinate, recruit, train, schedule and supervise any volunteers. Current staffing levels will not accommodate the anticipated additional work to oversee a viable volunteer program. Temporary contract staff could be hired to assist with current recreation program duties, allowing full time staff adequate time to assist with organizing volunteer needs for the Item 11.d. - Page 2 CITY COUNCIL STATUS UPDATE AND CONSIDERATION FOR SHORT TERM AND LONG TERM OPERATION OF ELM STREET PARK OFF-LEASH DOG PARK FEBRUARY 10, 2015 PAGE3 short term. However, any funding for this purpose will again lower funding for priorities already identified in the City budget. The maintenance contract as proposed contemplates performing all basic maintenance functions previously performed by the volunteers; it is therefore anticipated no volunteer oversight or coordination will be necessary. It would be possible to use volunteers to enhance the level of service the contractor is performing. If the Dog Park is closed for a short term: The City will incur no maintenance costs or staff costs to coordinate possible volunteer needs. Dog Park users will be displaced for the period of time the facility is closed. If the Dog Park remains open for the long term: The Dog Park was built with the understanding by all parties that the City was not in a position to assume regular maintenance and operation duties. Since the FCDPA is no longer the responsible party, another group will need to be identified and an agreement or MOU will need to be developed with this group. Staff will need adequate time to evaluate the best way to proceed in identifying a group and developing an agreement that will meet the needs of the Dog Park users and the interests of the City. If the Dog Park is closed permanently: The City would incur costs for removal of Dog Park improvements, and possibly for rehabilitation or alteration of the area. There would be no on-going costs for maintenance of the Dog Park or for staff time to oversee any Dog Park operations, but additional costs would be incurred for the replacement landscape and the on-going maintenance of the landscaping. Considerations for the long term operation of the Dog Park If the City is to continue the operation of the Dog Park, there are several options the City could consider, including: • Assume all operations and the resulting operational expenses in-house • Accept an operating arrangement similar to the previous one with FCDPA • Assist in the formation of a new entity to assume operations • Solicit interest in existing Arroyo Grande based organizations to assume responsibility for the Dog Park • Participate in the creation of a local foundation to perform fundraising and assume responsibility for the Dog Park • Other alternatives The evaluation of these options may be best addressed by the Parks and Recreation Commission that currently has oversight responsibilities for the Dog Park. Item 11.d. - Page 3 CITY COUNCIL STATUS UPDATE AND CONSIDERATION FOR SHORT TERM AND LONG TERM OPERATION OF ELM STREET PARK OFF-LEASH DOG PARK FEBRUARY 10, 2015 PAGE4 ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Provide direction to staff to keep the Dog Park open in the short term and approve additional funding for the required maintenance through contracting • Provide direction to staff to keep the dog park open in the short term but absorb the maintenance with existing staff • Provide direction to close the dog park while the long term alternatives are being considered • Provide alternative direction to staff • Refer the consideration of long term alternatives to the Parks and Recreation Commission • Take no action ADVANTAGES: If the Dog Park remains open, it will accommodate users of the Dog Park in the short term, long term or both. If the Dog Park is closed it will save the City expenses associated with contract staffing needs in the short term, full time staff costs in the short term and long term, and minimal maintenance costs in the long term. DISADVANTAGES: If the Dog Park remains open, there will be associated staffing costs which include short term contract maintenance staff, possible short term Recreation Services contract programming staff, minimal long term maintenance costs, and long term full time staff costs associated with development and administration of a new Adopt-A-Park Agreement or MOU. If the Dog Park is closed, users of the Dog Park will have fewer options for places to let their dogs run off-leash either in the short term or long term. The City will incur costs for site rehabilitation. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Friday, February 5, 2015. The agenda and staff report were posted on the City's website on Friday, February 6, 2015. Attachment: 1. Letter from FCDPA terminating Adopt-A-Park Agreement Item 11.d. - Page 4 Thursday, January 29, 2015 Arroyo Grande Mayor, City Council Members and Staff 300 East Branch St. Arroyo Grande, Ca 93420 Dear Mayor Jim Hill, City Council members and Interim City Manager Bob McFall: ATTACHMENT 1 Effective immediately, the Five Cities Dog Park Association (FCDPA) is rescinding its approval of our Adopt-A-Park agreement with the city, fully terminating our relationship with the City of Arroyo Grande and no longer being responsible for maintaining the Elm Street Dog Park. As you know or will note, there is nothing in that agreement that requires us to give you any advance notice. We still support the city implementing the shade tree project and installing an artificial turf project in the big dog area of the Elm Street Dog Park, but will not be involved in either project. The all-volunteer Rve Cities Dog Park Association's Board of Directors has spent more than seven years finding a spot for a dog park in Arroyo Grande, designing the park, getting the design approved, and raising more than $123,000 to get the park built, maintained and improved. We have also been morning monitors (Bark Rangers) opening the park daily since May 2009. We were exhausted even before we started the artificial turf project. We then spent hundreds of hours researching and developing a project to improve the ground cover in the big dog area. The Parks and Recreation Commission unanimously approved the project Dec. 10, 2014. City staff had consistently supported it until Jan 22. The staff then suddenly changed its mind and asked us to donate more time and effort to develop a different proposal. We considered that option and then voted unanimously to end our affiliation with the city. Our bylaws and the SLOPOST bylaws (that we work under) define our association as a non-member organization in which all decision-making power resides in the board of directors and gives the Five Cities Dog Park Association board sole authority to determine what happens to our financial assets. By rescinding our Adopt-A-Park Agreement now, we are opening up the opportunity for another group of community- minded volunteers to create a new relationship with the city and assume the important responsibility of keeping the dog park open. Sincerely yours, 1/i J "' • .---? I ) I/ ~ J' I ' .-:; .~ c. -~ L/ {"..__.,(:Vl.--{/j/\,,.__,.~ ~n(rr?~ Valdivieso (550-5340) (goddeswithanattitude@yahoo.com) Five Eities Dog Park Association President CC: Director of Recreation Services John Rogers City Clerk Kelly Wetmore Public Works Director Geoff English Item 11.d. - Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Item 11.d. - Page 6