Title
Introduction of Ordinance Authorizing the City Manager to Execute a Lease Agreement for Four Years and Eleven Months with the Alameda Swimming Pool Association for Operation and Maintenance of the Pools at Franklin Park and Lincoln Park; and
Adoption of Resolution Amending the Recreation and Parks Department Fiscal Years 2023-24 and 2024-25 Budgets to Appropriate $15,000 in Each Fiscal Year for Reimbursement to the Alameda Swimming Pool Association for Lifeguard Training Certification and Financial Assistance.
This Lease Agreement is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption) and 15301 (Class 1 exemption). (Recreation and Parks 10051400)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) owns land at Franklin Park and Lincoln Park and in 1959 leased a portion of these parks to the Alameda Swimming Pool Association (ASPA) to design, build, and operate two swimming facilities. The facilities have been operated and maintained since then by ASPA, a non-profit organization, which is currently operating on a month-to-month basis under a lease agreement with the City that expired in October 2021. After negotiating with the ASPA Board of Directors on several key issues that include requiring lifeguards at all times, public access and equity, policies and procedures, and financial assistance, staff is recommending City Council approve the agreement as presented and described in detail below. An ordinance must be introduced (and then adopted) to approve this lease agreement. Four affirmative votes are required for the ordinance.
BACKGROUND
The City is the owner of Lincoln Park at 1450 High Street and Franklin Park at 1432 San Antonio Avenue, including the swimming pool facilities. In May 1959, the City provided this land at Lincoln and Franklin Parks to ASPA to design, build, and operate two swimming facilities. The construction of the pools was privately funded and led by Frank Weeden and Fred Stolte. The facilities have been operated and maintained since then by ASPA, a non-profit organization. The existing lease agreement with ASPA expired on October 6, 2021 and ASPA is now operating on a month-to-month basis. Staff has been in discussions with ASPA representatives about a new agreement since July 2021. The City generates no revenue from the existing lease but is reimbursed for water utility costs. ASPA is responsible for all maintenance of the pool facilities.
ASPA is a member-based organization with an annual membership fee of approximately $450 per year. ASPA has approximately 400 - 600 members each year and sponsors the Gators Swim Team, plus a variety of programs including lap swim, family swim, and swim lessons. The organization also offers free Kindergarten swim and Senior Swim twice weekly that are open to anyone, regardless of membership status. ASPA is a volunteer-run organization and all members are required to volunteer a certain amount of time each year.
On February 15, 2022, City Council provided direction regarding increasing equity and public access, ensuring lifeguards are required to be Red Cross certified (an existing lease requirement that was not being met), increasing marketing, creating access for people who cannot afford membership, continuing free Kinderswim lessons, appreciation for the volunteer work to keep the pools open, and considering operational hours that are accessible for everyone.
On October 4, 2022, City Council provided direction to staff in closed session. Since then, staff continued negotiations with ASPA and the agreement presented tonight represents staff’s recommended lease agreement approved by ASPA Board of Directors.
DISCUSSION
The ASPA pools play an important role in the Alameda aquatic community. ASPA provides benefits as a small, community-based program with other available options being private swim clubs and City aquatic programs provided by the Recreation and Parks Department (ARPD) with a large number of activities and opportunities for thousands of people annually.
Staff negotiated for two years with three different ASPA bargaining teams. These lease agreement terms improve non-member access, increase transparency in membership application and requirements, and implement a clear path forward for ensuring Red Cross certified lifeguards are present at all times when the pools are in use. These present a significant improvement for the broader Alameda community from the existing lease terms.
The following outlines the lease terms agreed upon by the ASPA Board of Directors and recommended by city staff:
|
|
Agreement Term |
Notes |
|
Term |
4 years, 11 months |
|
|
Rent and Utilities |
No rent. ASPA reimburses City for all water utility costs. |
Existing term. |
|
Facility |
City approves alterations over $50,000. ASPA responsible for all maintenance and operations. |
Alameda County Health Dept conducts site visits for facility compliance and City may access those reports. |
|
Insurance |
Liability insurance increased to $4,000,000 per occurrence |
|
|
Access and equity |
100 vouchers for non-members provided annually that City distributes. Each voucher used once for family swim times for up to four people in household with at least one adult. At least 3 swim sessions offered annually for Alameda non-profit organizations as approved by the City. |
|
|
Financial assistance |
City funds $5,000 annually for financial assistance on a reimbursement basis with backup documentation. Funds membership for up to 15 families annually. |
ASPA will use City’s financial assistance forms and process as a framework. Reduces payment to $100 annual membership in two equal payments for financial assistance. |
|
Marketing, Reporting, and Complaints |
Information on all programs and membership are available on ASPA and City (ARPD) websites, hard copy at Premises, and in ARPD tri-annual Activity Guide. Annual report required with number of members & non-members participants plus number who requested membership and numbers accepted/denied, posted and provided to City. ASPA required to have a complaint process, available by email, and posted on the City (ARPD) website. ASPA will provide complaint list to City quarterly and meet to review and resolve where feasible. |
Membership requirements and applications are clearly posted at Premises and both websites. ASPA required to respond to all membership requests within twenty-one (21) calendar days and shall not maintain a wait list. |
|
Kinderswim |
First-come, first-serve for members and non-members for at least 120 children annually (30 at each site twice per year). |
Existing program with minimum number served annually added. |
|
Senior Swim (50+ and people with disabilities) |
Twice-weekly, year-round for members and non-members. |
Existing program. |
|
Lifeguards |
At least one Red-Cross certified lifeguard on deck at all times (current lease requirement). City will fund $10,000 annually for two years for certification, including train the trainer to develop ASPA self-sufficiency. ASPA provides lifeguard certificates upon request. Lifeguard implementation schedule: January 1, 2023 for Kinderswim and youth swimming instruction The first day of the summer 2023 program for all weekday programs including Senior Swim, weekday family swim sessions The first day of the summer 2024 program for not less than fifty percent (50%) of all weekend family swim sessions The first day of family swim sessions for Spring 2025 for all uses of the ASPA pools (lifeguards on deck during all pool uses) |
This schedule prioritizes lifeguard coverage for higher risk activities. |
|
ADA improvements |
ASPA will fully defend City for an alleged violation of the ADA with an attorney that is reasonably satisfactory to City. ASPA defense obligations include paying all of the legal fees and costs for City, including through the appellate stage. ASPA defense obligations include paying legal fees for a separate attorney from ASPA if both entities are sued, if a non-waivable conflict of interest exists, ASPA will pay for a separate attorney for City. If City wants to settle an ADA suit to prevent a judgment being entered, City can only require ASPA to contribute up to $50,000 for settlement and City must pay all settlement funds over and above $50,000. |
|
This lease agreement requires four votes for approval. If the lease agreement is not approved then ASPA would continue to operate on a month-to-month basis under the current lease terms unless a City Council majority approves termination of the lease. If the lease is terminated then options include:
• Identify another operator which is unlikely given the condition and constraints of the sites.
• The City operates the pools, which is not recommended by staff given site constraints and staff resources focused on designing, constructing and operating the recently approved City Aquatic Center.
• Demolish both facilities and conduct a public engagement process for the community to determine how those park areas should be programmed. Funding would need to be identified to demolish existing facilities and design and construct any new park improvements.
ALTERNATIVES
• Approve the agreement with ASPA for operation and maintenance of the pools at Franklin Park and Lincoln Park as presented.
• Provide direction to staff on changes to the ASPA agreement. The ASPA Board of Directors is unlikely to agree to additional terms for access, equity or other issues as many options have been presented and this lease agreement represents the best ASPA is likely to offer.
SURPLUS LANDS ACT
“Disposition of surplus land” means the sale or lease of City-owned land formally declared surplus but a “lease” shall not include a lease of land which has a term that is less than five years. Accordingly, this lease is not subject to the requirements under the Surplus Lands Act.
FINANCIAL IMPACT
On June 20, 2023, City Council approved and adopted the City’s FYs 2023-25 Biennial Operating Budget. Staff is requesting a budget appropriation in the amount of $15,000 to fund lifeguard training and financial assistance for ASPA, both on a reimbursement basis. This is an expenditure increase for Fiscal Year 2023-24 from the Recreation and Parks Department - Swim Center Facilities. This would be an ongoing annual expenditure for the remaining three years of the agreement, subject to future City Council appropriations approval.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This Lease Agreement is exempt from environmental review under CEQA pursuant to CEQA Guidelines section 15061(b)(3), the “common sense exemption," which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, the Agreement exempt from CEQA as "it can be seen with certainty that there is no possibility that the activity in question” as it provides for the continuation of an existing use in an existing structure, and so will have no “significant effect on the environment.” This project is also exempt pursuant to State CEQA Guidelines section 15301 (Class 1). This section exempts from further environmental review the ongoing operation of existing public structures, facilities, and topographical features. Here, approval of the Agreement would largely continue existing operations at existing facilities.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Introduce an ordinance authorizing the City Manager to execute an agreement for four years and eleven months with the ASPA for operation and maintenance of the pools at Franklin Park and Lincoln Park; and adopt a resolution amending the Recreation and Parks Department Fiscal Years 2023-24 and 2024-25 Budgets to appropriate $15,000 in each fiscal year for reimbursement to ASPA for lifeguard training certification and financial assistance.
Respectfully submitted,
Amy Wooldridge, Assistant City Manager
Justin Long, Recreation and Parks Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Agreement