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HomeMy WebLinkAbout1999-06-28 City CouncilCity City of Palo Alto Manager’s Report 7 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: SUBJECT: JUNE 28, 1999 CMR: 250:99 AMENDMENT TO PALO ALTO UNIFIED SCHOOL DISTRICT (PAUSD) AGREEMENT IN THE AMOUNT OF $338,000 FOR MAINTENANCE OF DISTRICT ATHLETIC FIELDS AND TENNIS COURTS REPORT IN BRIEF This report requests Council approval of a second amendment to the PAUSD Agreement for Maintenance of District Athletic Fields and Tennis Courts, for City-provided maintenance services and related capital improvements. Currently, the City is responsible for the athletic field maintenance and capital renovations at Jane Lathrop Stanford (JLS) and Jordan Middle Schools, and Walter Hays School as well as maintenance of the twenty-five tennis courts at Gunn and Palo Alto High Schools, and JLS and Jordan. The new amendment will add the remainder of eleven elementary schools and a tennis court resurfacing to the program. The proposed amendment will also commence the capital improvement renovation work that was rescheduled due to the delays in the PAUSD Building for Excellence Program. Present maintenance program costs incurred by the City are approximately $185,000 per year. The financial impact of the proposed amendment will be $111,000 of additional City costs annually for staffing, supplies, and materials. In addition, first-year capital improvement costs are estimated to be $69,000 for the City share of equipment costs, and $158,000 for the City share of irrigation renovations. CMR:250:99 Page 1 of 4 RECOMMENDATION This report requests that Council approve Amendment Two (Attachment A) to the PAUSD Agreement for Maintenance of District Athletic Fields and Tennis Courts, for City-provided maintenance services and related capital improvements. BACKGROUND In November 1993, City staff and PAUSD representatives met to begin the process of creating a partnership for improving the maintenance of PAUSD athletic fields. The initial phase of this study included a complete inventory of all PAUSD sites. Staff evaluated all site conditions and infrastructure, conducted a detailed review of community use patterns, and completed an analysis of the PAUSD budget, staff, and work distribution for a landscape maintenance program. The repQrt that was developed concluded that: School fields are heavily used by the community. PAUSD could not afford to maintain all fields in a condition comparable to City facilities or suitable for intense athletic field use patterns. Athletic field structure was old and deteriorating and needed to be replaced. The bulk of the PAUSD landscape operating budget was spent at the high schools. With the complexity of each individual school’s educational program, any proposed maintenance program should be limited to the elementary and middle school athletic field areas. Due to limitations of’school funding, the only viable altemative for improving PAUSD athletic fields, for use both by the district and the community, was through a partnership with the City. Using this information, staff developed a transition plan (CMR 202:95) to secure resources to begin maintenance activities at two middle and one elementary school sites. The transition plan called for the subsequent addition of the remaining elementary school sites and capital improvements involving field and irrigation renovations. Due to the need for on-site staff and the predominance of school needs and ongoing inter-scholastic activities, it was determined that it would not be cost effective to include the high schools in the program. On October 16, 1995, Council approved Phase I of a two-year cooperative agreement between the City and the PAUSD (CMR 442.95). The agreement had City staff assuming athletic field maintenance, renovations and capital improvements at Jane Lathrop Stanford (JLS), Jordan and Walter Hayes school sites, as well as maintenance of the twenty-five tennis courts at Gunn and Palo Alto High Schools, and JLS and Jordan. The total cost of services for this program, $370,000 annually, was to be shared equally between the City and the PAUSD. This agreement commenced on January 1, 1997 and expired June 30, 1997. CMR:250:99 Page 2 of 4 Prior to tlae expiration of the agreement, the City and the PAUSD met and agreed that the program had been very successful in providing improved field and tennis court conditions. On June 23, 1997, Council approved Amendment One to the field maintenance agreement (CMR280:97). This amendment extended the existing program for two years, pending planning work in progress regarding the PAUSD Building for Excellence Program. Due to the delays in the Building for Excellence program, the anticipated capital renovations were again deferred. DISCUSSION The City and the PAUSD have finalized negotiations to modify the current agreement to meet the original goals of the maintenance plan. The amended agreement for Phase II proposes expanding the program from its current three sites (twenty acres), to include the additional eleven elementary school sites (twenty acres), adding an ongoing tennis court resurfacing program, and commencing capital improvements for irrigation renovations. The following areas of the Agreement are recommended for change: "District Facilities," meaning athletic fields and tennis courts, is expanded to include all elementary and middle school sites. The term of the agreement will be for a five-year period commencing July 1, 1999 and expiring June 30, 2004, subject to annual approval by the PAUSD and the City. Tennis court maintenance activities will include resurfacing and restriping on an approximate five-year schedule, matching the existing City tennis court resurfacing program, as well as repairs and maintenance to the tennis court lighting systems at the Palo Alto High School courts. The shared costs of maintenance and capital improvements, and estimated schedule for improvements, dependent upon the Building for Excellence Program, are outlined. RESOURCE IMPACT General Fund financial impact, as a result of Amendment Two, will be $111,000 of additional City costs annually for staffing, supplies, and materials. In addition, first-year capital improvement costs (CIP # 10014) are estimated at $69,000 for the City share of equipment costs, and $158,000 for the City share of irrigation renovations (CIP #19801). In lieu of billing and payment procedures, the agreement states that the City will credit one- half of its actual costs against any and all monthly lease payments due and payable by the City under its "Lease and Covenant Not to Develop" lease agreement with the PAUSD. CMR:250:99 Page 3 of 4 POLICY IMPLICATIONS This amendment does not represent any changes to existing City policies and is consistent with Comprehensive Plan implementation C4, C24, C26. TIMELINE The terms of the Agreement and amendments commence July 1, 1999 and end June 30, 2004. ENVIRONMENTAL REVIEW This project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant t Section 15301 (Existing Facilities) of the CEQA guidelines. Therefore, No environmental Assessment is required. ATTACHMENTS Amendment #2 PAUSD Agreement PREPARED BY: Paul Dias, Director Parks & Golf Division DEPARTMENT HEAD: PAUL THILTGEN Director, Community Services CITY MANAGER APPROVAL: EMiL’HARRISON Assistant City Manager cc: PAUSD CMR:250:99 Page 4 of 4 AMENDMENT NO. TWO TO AGREEMENT NO. C96-018 BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA COUNTY CONCERNING THE MAINTENANCE OF CERTAIN DISTRICT- OWNED ATHLETIC FIELDS AND TENNIS COURTS JOINTLY USED BY SCHOOL STUDENTS AND THE GENERAL PUBLIC This Amendment No. Two to Agreement No. C96-018 ("Agreement") is entered into July i, 1999 , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA COUNTY, a Unified School District organized and existing under the Laws of the State of California, located at 25 Churchill Avenue, Palo Alto, California (~District"). RECITALS: WHEREAS, the Agreement was entered into between the parties for the provision of maintenance services of the athletic fields and tennis courts ; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: follows: SECTION i.Section 1.9 is hereby amended to read as 1.9 "Facilities" mean the Courts and Fields, the dimensions of which for reference purposes are outlined below: "School Site Fields Courts Addison Barron Park Briones Duveneck E1 Carmelo ~Escondido Fairmeadow Greende!l Gunn High SchOol Hoover J.L. Stanford Jordan Nixon Ohlone Palo Alto High School Palo Verde Walter Hays 1.58 acres 2 34 acres 1 25 acres 1 80 acres 1 81 acres 2 44 acres 2 06 acres 1 79 acres 0 acres 1.60 acres 10.45 acres 6.68 acres 3.71 acres 1.53 acres 0 acres .62 acres 2.71 acres 0 0 0 0 0 0 0 0 6 0 6 5 0 0 7 0 01, 990602 0071600 1 follows: SECTION 2.Section 1.14 is hereby amended to read as ~i.14 ~School" (collectively, ~Schools") means any one of the schools listed in section 1.9." follows: SECTION 3.Section 2.1 is hereby amended to read as ~2.1 The term of this Agreement will be for a five- year period, commencing at midnight on July I, 1999, and expiring at midnight on June 30, 2004, subject to the earlier termination of this Agreement by any party hereto upon ninety (90) days’ advance written notice. The preceding sentence notwithstanding, this Agreement is subject to the fiscal provisions of the Charter of the City and other Laws of the City and the District, and this Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated by the Council or Board of Education for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are not appropriated by the Council or Board of Education for a portion of the fiscal year and funds for this Agreement are no longer available. The City or the District will use reasonable efforts to give the other party reasonable notice of termination in the event that funds will not be appropriated. No provision is made for the automatic extension or renewal of the term." follows: SECTION 4.Section 3.2 is hereby amended to read as "3.2 Commencing on July i, 1999, or thereafter,’ as practicable, the City will continue the existing maintenance program at JLS, Jordan and Walter Hays schools. The City will mow, trim, fertilize, and irrigate, and perform other maintenance work of a general nature at the Fields at the frequencies and times in accordance with the field maintenance standards adopted by the City for its own district and neighborhood parks and public recreation areas. The obligation of the City to perform field maintenance work is conditioned upon the functional condition and operation of the infrastructure of the Fields, including, without limitation, the underground water irrigation system, at the time such maintenance work is to commence. Commencing on January I, 2000, or thereafter, as practicable, the City will expand the maintenance program to include the remaining school sites as outlined in section 1.9. The City will mow, trim, fertilize, and irrigate, and perform other maintenance work of a general nature at the Fields at the frequencies and times in accordance with the field maintenance standards adopted 990602 0071600 2 by the City for its own district and neighborhood parks and public recreation areas. The obligation of the City to perform field maintenance work is conditioned upon the functional condition and operation of the infrastructure of the Fields, including, without limitation, the underground water irrigation system, at the time such maintenance work is to commence." follows: SECTION 5.Section 3.3 is hereby amended to read as "3.3 Commencing on July I, 2000, or thereafter, as practicable, the City will wash and air-blow the surfaces of the Courts, repair or replace, as reasonably necessary, the tennis nets and screens, and perform.other maintenance work of a general nature at the Courts at the frequencies and times in accordance with the court maintenance standards adopted by the City for its own tennis courts. The obligation of the City to maintain the.Courts will extend to and include the resurfacing and restriping of the Courts,. which will be deemed work performed in connection with normal maintenance functions.Such restriping and resurfacing will be scheduled to match the existing City tennis court resurfacing program at an approximate five-year interval for such work. Furthermore, the obligation of the City under this Agreement will include repairs and maintenance, including any capital work required, to the lighting system located at the Palo Alto High School tennis courts." follows: SECTION 6.Section 5.1 is hereby amended to read as ~5.1 The allocable annual cost of maintenance (including water) and capital improvements are estimated, and will be confirmed on an annual basis for approvals by the District and the Council during their respective budget processes (note that capital improvement work scheduling is dependent upon the Building for Excellence renovation work -completions are estimated at this time): PAUSD FY 1999/2000 Maintenance $536,000 Capital (I)Total $138,000 $674,000 (Maint. Equip.) 2000/2001 $552,000 $623,000 $815,000 (School Field Renovations) 2001/2002 $569,000 $168,000 $737,000 (School Field Renovations) 990602 0071600 2002/2003 2003/2004 $586,000 $196,000 $782,000 (School Field Renovations) $603,000 $250,000 $853,000 (School Field Renovations) (1)For Reference: City of Palo Alto Capital Improvement Program (CIPs) "School Site Renovations". The District will pay one-half of the City’s actual costs, unless a different amount is agreed to, in writing, by the City and the District." follows: SECTION 7.Section 6.1 is hereby amended to read as ~6.1 The City and the District agree that capital irrigation and turf improvements to the fields located at the school sites as described in Section 1.9 are necessary to adequately perform maintenance activities and, subsequently, will be included as a part of this Agreement. The City and the District further agree that the District will pay one-half, of the City’s actual costs, unless a different amount is agreed to, in writing, by the City and the District. Billing and payment procedures will be in accordance with Section 5.2 of this Agreement. Any work on the Courts beyond resurfacing and restriping will be considered a capital improvement. The City and the District agree that any work of this nature will be agreed to, in writing, by the City and the District before any Improvement or repair work is started, that any such costs will be considered ~added" to the shared operating and capital budgets, and that the District will pay one-half of the City’s actual costs for such work. Tothe extent an Improvement, which is deemed by the City to be reasonably necessary to adequately perform its maintenance obligations hereunder, cannot be installed or constructed or cause to be installed or constructed by the District, the City may undertake such installation or construction at the written request of the District. Any Improvement installed or constructed by the City will be deemed the property of the District." SECTION 8. The following exhibits to the Agreement are hereby amended to read as set forth in the attachments to this Amendment No. Two: 990602 0071600 School Site Athletic Fi@Ids Tennis Courts Exhibit Addison Barron Park Briones Duveneck E1 Carmelo Escondido Fairmeadow Greendell Gunn High School Hoover J.L. Stanford Jordan Nixon Ohlone Palo Alto High School Palo Verde Walter Hays 1.58 acres 2.34 acres 1.25 acres 1.80 acres 1.81 acres 2.44 acres 2.06 acres 1.79 acres 0 acres 1.60 acres 10.45 acres 6.68 acres 3.71 acres 1.53 ac[es 0 acres .62 acres 2.71 acres SECTION 9. Except as herein modified, all other Provisions, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment No. Two on the date first above written. CITY OF PALO ALTO Mayor ATTEST: PALO ALTO UNIFIED SCHOOL DISTRICT ~-----~h~person of the Boa~ ATTEST : City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: APPROVED : Business Manager Assistant City Manager 5 990602 0071600 Director of Community Services Director of Administrative Services Insurance Review Manager, Real Property 6 990602 007 | 600 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF California ) ) ss. COUNTY OF Santa Clara ) On June 14, 1999 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Don Way , ~ .........~ ..........~ mc cr proved to me on the basis of satisfactory evidence to be the person+e+ whose name+s+ is/a~-~subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/her/~ authorized capacity~i~, and that by ~,h~=~+~~, ~ signature~s-~ on the instrument the person~s~, or the entity upon behalf of which the person~s+ acted, executed the instrument. WITNESS my hand and official seal. ~/.J.x~b’l,,~,C ~otary Public Signature of Amendment #2 to Agreement #C96-018 with City of Palo Alto Begin date: July i, 1999 Additional Signer: Robert Golton 990602 0071600 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .£anr= /1.1 On June 15, 1999 ,beforeme,Susan J. Harris, Notar# Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Robert Golton Name(s) of Signer(s) [] personally known to me [] proved to me on the basis of satisfactory evidence Commission # 1169008 ~zNot(:~’y Public - Califoml~ ~ to be the person(-,a-)--whose name(~-)-is/ere- subscribed to the within instrument and acknowledged to me that he/ehe/-they-executed the same in his~ authorized capacity(4ee)., and that by his/hcr/thclr signature(e) on the instrument the person(e-}, or the entity upon behalf of which the person(e)- acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signa~re of Notary Public OPTIONAL Though the information be/ow is not required by/aw, it may prove va/uab/e to persons re/ying on the document and cou/d prevent fraudu/ent remora/and reattachment of this form to another document. Description of Attached Document TitleorTypeofDocument: Amendment #2 with City of DocumentDate: Begin date: July i, to Agreement #C96-018 Palo Alto 1999 NumberofPages: Signer(s) Other Than Named Above:];)on Way 7 ÷ 4hf~, Capacity(ies) Claimed by Signer Signer’s Name: Robert C-olton []Individual []Corporate Officer-- Title(s): []Partner--[] Limited [] General []Attorney in Fact []Trustee []Guardian or Conservator [] Other:Assoc.’ SuperJntende.nt: Signer lsRepresenting: Palo Alto UnifSed School District Top of thumb here @ 1997 Nat=onal Notary Association * 9350 De Soto Ave., P,O. Box 2402 ¯ Chatsworlh, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I’ll I I I EXHIBIT "A" Palo Alto Unified School District Building for Excellence Program BARRON PARK SITE -EXISTING SITE PLAN Vanir Construction Management, inc.~X-H-IBIT "B" - ,I° EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" 14! EXHIBIT "F" ! EXHIBIT "G" EXHIBIT 000 0 0 o ~ / EXHIBIT "I" Palo Alto Unified School District Building for Excellence Program HOOVER AT CHARLESTON ELEMENTARY SCHOOL EXISTING SITE PLAN Vanir Construction Management, Inc.EXHIBIT "J" EXHIBIT "K" ,-t- oi-- < m m EXHIBIT "L" EXHIBIT "M" J EXHIBIT "0" 11 EXHIBIT "P" i/ / EXHIBIT "Q"