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HomeMy WebLinkAbout2003-06-09 City Council (8)TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:JUNE 9, 2003 CMR: 311:03 SUBJECT:ADOPTION OF A PARK IMPROVEMENT ORDINANCE FOR CONSTRUCTION OF SCHOOL USE IMPROVEMENTS OF TENNIS COURTS, PATHS AND DRIVEWAY AREAS, AND USE OF TERMAN PARK ATHLETIC FIELDS AND TENNIS COURTS ASSOCIATED WITH THE PALO ALTOUNIFIED SCHOOL DISTRICT (PAUSD) SCHOOL RE-OPENING RECOMMENDATION The Parks and Recreation Commission and staff recommends that Council approve and adopt the attached Park hnprovement Ordinance to allow the Palo Alto Unified School District (PAUSD) to complete improvements on parklands relative to re-opening of the Terman Middle School site. BACKGROUND In August 2002, the City and PAUSD came to an ageement on PAUSD ownership of the Terman School and the City’s continued ownership of the adjacent athletic field areas, and use of school buildings when school is not in session (Attachment C). The school site is scheduled to re-open in the fall of 2003. The Terman Joint Use Aueement sets forth the responsibilities and use of the Terman site by the PAUSD and the City, including site supe~;ision, scheduling and maintenance. According to the Terman Joint Use A~eement, Terman Middle School shall have first call on the playing fields between the hours of 7:30 a.m. and 3:30 p.m. on days when Terman Middle School is in regular session. The school district will not have the right to routinely exclude members of the public from any dedicated playing field or parkland. The school district will have the right to take reasonable actions to protect both its first call on the playing fields and safety of the students. DISCUSSION The City Charter and Municipal Code require that a Park Improvement Ordinance be approved and adopted prior to construction on land held by the City for park purposes or substantial changes in park use. Since its dedication in 1985, Terman Park has been CMR: 311:03 Page 1 of 4 used regularly by members of the community for recreational opportunities. These activities range from casual walks through the park, use of the tennis courts, dog walking and exercise activities, and organized sports activities. PAUSD will require use of the field areas and tennis courts for student activities during school hours. In addition, to facilitate the use of the site as a school, PAUSD is requesting the following site changes: PAUSD will widen the Glenbrook pathway from 8" to 10’ wide to enhance student access from this entry point. Improve fire access near tennis courts by removing adjacent benches and trees and install additional pavement in order to accommodate fire equipment, per Palo Alto Fire Department requirements. Modify the two existing south tennis courts with basketball standards and striping, modify fences and install new foundations for the basketball standards; potential adjustment of basketball court dimensions to accommodate existing tennis court layout. PAUSD made this request as there is insufficient play space for the student population. The north two tennis courts will remain for school use during the day and public use after school hours. Remove existing screening at tennis courts for increased Terman staff supervision of students. Continue to make available the existing unisex toilet, adjacent to the swimming pool area, for public use. Demolish a circular planter and part of the south sidewalk to accommodate a school bus turn-around and increase Fire Department access. Install a new security gate to restrict vehicular access during school hours at the driveway adjacent to the pool. During 2003, City and PAUSD staff met regarding the impacts of re-opening the Terman school site. City staff and District officials explored the following alternatives to converting the tennis courts into basketball courts: Build new basketball courts ÷ Build new basketball courts in the area just south of the tennis courts and move the softball field to the southwest corner of the park: Neither PAUSD nor the City has the estimated $200,000 in funding to complete this alternative. ÷ Build new basketball courts adjacent to the Glenbrook park entrance: The District does not have funding available for this alternative, and feels that it is too far away for proper supervision of student activities. PAUSD estimated the cost for the new basketball courts to be $200,000. ~Utilize the turf amphitheater area: This option is not viable to PAUSD, as this space is used for con~egation, lunch and break areas for students. Utilize other field spaces: This option is not viable as it reduces available field space. CMR: 311:03 Page 2 of 4 Community,!neighborhood meeting On May 15, 2003, PAUSD and City staff held a neighborhood meeting at the Mitchell Park Community, Center to discuss the impact of re-opening the school on the use of the tennis facilities. In attendance at the meeting were members of the Palo Alto Tennis Club and the Terman Termites tennis club PAUSD presented its case for needing the m~o tennis com’ts as basketball com-ts, daytime security issues and other improvements required to re-open the school site. Members of the tennis club objected to the removal of the two tennis courts, windscreens and lack of availability during school hours. BOARD AND COMMISSION REVIEW AND RECOMMENDATIONS At its May 27, 2003 regular .meeting, the Parks and Recreation Commission reviewed the proposed park improvement ordinance. School officials, PTA and tennis club members were again in attendance. PAUSD representatives spoke to the issues of having additional basketball courts for children to play on during PE and recess; security issues, including the need for unimpeded visibility from the quad area by removing the tennis court windscreens; and other improvements necessary to open the school site. Parents/PTA spoke about the need for play space and the need for a secure site during the school day. Tennis club members reiterated their requests for use of the site during early morning hours while school is in session and retaining the windscreens on the two remaining tennis courts. The Parks and Recreation Commission, after much discussion regarding the exclusive use at the park site during school hours, related security issues, and the impact of removing the tennis court windscreens, approved staff’s recommendation to the City Council with two exceptions: 1.That the tennis court windscreens would remain on the two tennis courts; 2.That the pathway paralleling the creek from the Glenbrook park entlT south along the field area be retained for public access during school hours. It is important to note that PAUSD believes site security makes the pathway open during school hours impossible. RESOURCE IMPACT There wilt be no General Fund impact. PAUSD will bear all costs for renovations to accommodate school use. Maintenance of the fields and courts, currently provided by the Parks Division, will continue and be incorporated into the Cooperative Maintenance A~eement for Terman Park, per the joint use a~eement. 50 percent allocable costs will be shifted to PAUSD within the Parks budget. In lieu of billing and payment procedures, the ageement 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 a~eement with PAUSD. CMR: 311:03 Page 3 of 4 POLICY IMPLICATIONS This recommendation does require a policy change as completed through the approval of a Park Improvement Ordinance. TIMELINE Once this Ordinance is approved, PAUSD will begin construction of improvements. ENVIRONMENTAL REVIEW This project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15 3 01 (Existing Facilities) of the CEQA guidelines. ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Park Improvement Ordinance PAUSD Terman Park Construction Renovation Plan Ageement for Joint Use of Terman Site City of Palo Alto Tennis Courts PREPARED BY: PAUL DIAS Director, Parks and Golf Division DEPARTMENT HEAD: PAUL THILTGEN Director, Community Services Department CITY MANAGER APPROVAL: ~LY HARRISON Assistant City Manager Cc: PAUSD CMR: 311:03 Page 4 of 4 ATTACHMENT A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CiTY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR iHPROVEHENTS TO TERH~_N PARK __,~ Counci! oT the C£ty of Palo~_= does ORDATN as follows: SECTION !. Findings and Declarations. finds and declares as follows: The City Council (a) Article VIii of the Charter of ~he City of Pa!o A!to and Section_92.08.005 of ~h~_e Pa!o_ Alto Municipa! Code require that, before any substantia! building, construction, reconstruction or development is con~menced or approved, upon or with resz, ecr to any land held bv the City for ~ar} purposes the Counci~_~ shall __~{ rst cause to be prepared and by ordinance approve and adopt a plan therefore. Terman Park is dedicated to park purposes. (c)Rursuant to the Palo Alto Unified School District’s proposals the City intends to construct certain capita! improvements to Terman Park (the "P!an"), including, specifically the following: 4 (6 Widen existing AC pathway from G!enbrook Avenue to Terman School property to !0’ wide from existing 8’ wide. Per Pa!o Alto Fire Department (PAFD) requirements, remove benches and trees adjacent to tennis courts and install additiona! paving in order to widen fire access road. Two existing south tennis courts wil! be modified with new basketball standards and striping, fences modified and installation of new foundations for standards; potential adjustment of basketball court dimensions to accommodate existing tennis court layout. Remove existing screening at tennis court fencing for increased Terman staff supervision of students. Existing Unisex toilet identified for CPA!Com_m~nity USe. At bus turnaround, demolish portion of existing paving, relocate existing exterior light. 030604 sm 0053246 (7 Demolish existing circular planter to accommodate school bus turn around radius and increase PAFD road access. (8 Demolish portion of existing sidewalk, install sloped walk and new curb in order to accommodate 45’-0’ school bus turning radius requirements. (9)Proposed new security gate to restrict vehicular access during school hours. (!0) Arastradero Road sidewalk widening. (d) The Counci! desires to approve improvements as more specifically described on the map ac~ac!.ed hereto as Exhibit "A". SECTION 2. The City Council hereby approves repair and improvements of the area that lies within Terman Park and hereby adopts the Map attached hereto as Exhibit "A" as parr of the official plan for the construction of improvements at Terman Park. ~ ~here~v finds <hat thisSmC±iON 3 The C~tv Council ’ "’ ¯ p-~’ ~]] have no ignificant adverse =ffect on the:o3ect w s - environment. // // / / // // // // // 030604 sm 0053246 2 SECTYON ....~ ~hls’ ordinance shall be effective thirty-first day after the date of its adoption. INTRODUCED: PASSED : AYES : NO~S: ABSENT: !ONS: on City Clerk APPROVED AS TO FORH: Hayor ~PPROVED: City Arrorney City Hanager Director of Community Services Director of A6m.inistra%ive Services 030604 sm 0053246 3 ATTACHMENT B EXHIBIT "A" Affachmen[ C AGREEMENT FOR JOINT USE OF TERI4AN SITE This nGREEmENm FOR jOTNm USE OF TE~ SITE, enLe_ea into th___~ s i.~dav_ of ~-"~’5:~ , 200~, by and between City o9 Pa!o Alto a__a naio A7to Uni:’~ee~ Scnoo_ Disu_~cz, hereinafter referred to as "City" and "School District" RECITALS !. The City and School District have entered into a property exchange agreement in which the City obtains fee title to approximately eight (8) acres of land at the Cubberley Com~munity Center and the School District obtains fee title to an e_c!uiva!ent area at the Terman Site. At the Terman Site, the City will om~ a dedicated public park,Terman Park, which includes playing fields and tennis courts.The Schoo! District will o-~0_ the Terman Middle School~, deve!oped with schoo! buildings, including a gynunasium, a parking lot, and a swimming poo!. A map showing the Terman Site, Terman Park, and the Terman Middle Schoo! is attache~ as Exhibit A. As part of the land exchange agreement, the.City and the School District have agreed to enter into this joint use agreement for the Terman Site. The purpose of the agreement is to cooperatively use the Terman Site so that both educationa! and community services can be provided to those living in the City and the School District. 2. The City and the School District also have power to assist each other under Education Code Sections 1705!(a) and~ 35275 and Government Code Section 6500 et seq. of the State of California, which authorize and empower public schoo! districts and municipalities to cooperate with each other and to that end enter into agreements with each other for the purpose of organizing, promoting and conducting such programs of community recreation and education for children and adults of the state. 3. The Schoo! District has need of the Terman Park playing fields for its middle school, and the City has need of a portion of the Terman Middle Schoo! buildings for its library and related activities. Both City and Schoo! District wish to have the City provide recreationa! programs for middle school children and others that wil! make use of both the Park and the Middle Shhool. Terman Park is a dedicated park and use of the Park by the School District must be consistent with that designation; Terman Middle School wil! be a public school O11206 syn 0090910 facility, and its use as a middle schoo! wil! have priority over a!! other uses. NOW, THEREFORE, the City and School District mutually covenant and agree with each other as follows: A.Principles i. The City and School District shall cooperate in the use of the Terman Site. 2. The City shall control use of the Terman Park and the School District shal! contro! use of the Terman Middle School, in a manner that is consistent with this Joint Use Agreement. B.Joint Use of the Terman Site. i. The School District shall make Terman Middle School facilities and equipment available to the City as described in Attachment i. The School District shal! also make such facilities and equipmen% available upon application of the City provided that their use for City purposes does not interfere with the School District’s use of such facilities and equipment for Terman Middle School or constitute a violation of provisions of the California Education or Government Codes. No charges shall be made for such use other than those specifically described in this Agreement. 2. The City shall make Terman Park facilities available to the School District as described in Attachment 2. ~ The City shall also make such facilities and equipment available upon application of the School District, provided that their use for School District purposes does not interfere with the use of the facilities or equipment by the City in connection with its stated purposes or with City Charter provisionsand ordinances regulating the use of dedicated park land. No charges shal! be made for such use other than those specifically described in this Agreement. 3. The City Manager and the Superintendent of Schools do hereby delegate the responsibility for establishing schedules for facilities and equipment use to the City Director of Community Services and the School District Business Manager. 4. Each party using facilities or equipment o~ed by the other pursuant to this agreement shal! furnish qualified personne! for the proper conduct and supervision of the use. O11206 syn 0090910 5.The party using facilities or e_cfuipment of the other under this agreement shall repair, or cause to be repaired, or wi!l reimburse the o<.~er for the actual cost of repairing damage done to the facilities or e~ipment during the period of such use, excluding damage attributed to ordinary wear and tear. Scheduling and Supervision !. Subjec< to the limitations in Section A above and to the specific commitments set forth in Attachment i, in scheduling the use of Terman Middle School, Terman Hidd!e Schoo! events and programs shall have first priority and City recreation programs and City co-sponsored programs shal! have second priority~ in cases of emergencies or errors in scheduling, the Terman Middle Schoo! events and programs sha!l have first priority for use. Every reasonable attempt wil! be made to avoid such conflict. City activities shall not be scheduled on Terman Middle Schoo! facilities between the hours of seven thirty a.m. and three-thirty p.m. on days when school is in session without the permission of the schoo! principal. 2. Subject to the limitations in Section A above and to the specific commitments set forth in Attachment 2 below, in scheduling the use of Terman Park, City recreation programs and City co-sponsored programs shal! have first priority. Terman Hidd!e Schoo! events 8nd programs shall have second priority. In cases of emergencies or errors in scheduling, the City programs and events shall have first priority for use. Every reasonable attempt wil! be made to avoid such conflict. School activities shall not be scheduled before seven thirty a.m. or a~er three-thirty p.m. 3. The City will have a responsible adult representative present at all times at any City event held on the Terman Middle School. That representative may be a volunteer or a paid City employee responsible to see that Schoo! District rules and regulations are observed and complied with and that the facilities and grounds are returned to existing condition upon completion of the activity. The City wi!l have a City employee on cal! at al! times that a City-sponsored or scheduled activity is occurring in the Terman Middle School in order to respond and investigate any questions or improper action at such activities and events. 4. The School District wil! have a responsible adult representative present at all times at a Schoo! District OI I206 syn 0090910 activity or event is held in Terman Park. That representative may be a volunteer or a paid Schoo! District employee resmonsib!e to see that City rules and regu!at{ons are obse_vee and complied with and that the facilities and grounds are returned to existing condition upon complex_on of the accl~_~y. ¯ h= Schoo! District w!l! have a School ’ ~ : ~_ _~’D!scr~c~ employee on ca!l at a!! times that a School District-sponsored or scheduled activity is occurrinm in Terman Park in order to _esmon@ and investigate any questions or improper action at such activities anc events . 5. The City and School District shall submit to each other written use requests in advance. Requests for advance scheduling shall be submitted annually according to the following schedule: July !st for the School Year February ist for the surmmer months The Terman Site Joint Use Committee shall approve a master calendar for each of these periods within thirty (30) days of the submitta! of the requests for advance scheduling. Each schedule will ~e arranged so as to avoid any conflict between the School District’s and City’s uses of the facilities. and equipment. The City or the School District sha!l not schedule other uses until first and second priorities are set as prescribed herein. D.Haintenance of Terman Site Facilities. !. Basic Standard. Facilities jointly used shall be adequately maintained to insure appropriate and safe use, appearance and longevity. 2. Basic Responsibility. Except as may otherwise be specified herein, the responsibility for maintenance, repair and renovation of facilities shall be the responsibility of the owner of the real property on which the facility is situated. E.Maintenance of Athletic Fields. !.Turf Areas and Tennis Courts on Terman Site. a The City will ~ " ___¯_ con~_nue its exist~ ng maintenance program for turf areas o~ the Terman Site. These areas are s hob_,-u on At tacb_ment 3. Pursuant to that Master 4 O! 1206 syn 0090910 Haintenance Agreement, the City wil! 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. The Schoo! District will pay one half of the City’s actual cost to maintain the fields. b. The City wil! also maintain the drainage and irrigation systems of the fields under the terms and conditions described in the Master Maintenance Agreement between the City and the District. if these syst~m~ the City will consult with the School District on the scope of work and estimated cost to perform it, &nd the School District shall confirm its approval of the scope of work. The School District shall pay one half of the City’s actual costs for such approved repair or replacement work. c. The City will continue its existing maintenance program for tennis courts in Terman Park. The City wi!l wash and air blow the surfaces of the courts, repair and/or replace, as reasonably necessary, the tennis nets and screens, and perform other m~intenance work of a genera! nature at the frequencies and ~imes in accordance with the maintenance standards adopted by the City. The City will also resurface and restripe the courts. Such resurfacing and restriping will be scheduled to match the City’s existing tennis court resurfacing program at an approximate five year interva! for such work. The School District shal! pay one half of the City’s actua! cost of maintaining and resurfacing the courts. d. Money owed by the School District to the~ City under this Agreement will first be credited against any monthly lease payments due and payable by the City under its lease agreement with the District entitled "Lease and Covenant Not to Deve!op," as amended from time to time. If the sums owed under this agreement exceed those payments, the City shall bill the School District and the School District shall pay the City within forty-five days after receipt of its invoice. 2. Custodia! Services. The School District shall provide all custodial services for the Terman Middle Schoo!. if the Terman Middle School is used by the City at a time when custodia! staff is not regularly on duty, or when a custodian is re_quired to open a facility, the City shal! pay the cost of the custodia! time to the Schoo!. Alternatively, the City may arrange with the Schoo! District to open and c!ose a facility itself. O11206 syn 0090910 F.Library Facilities. City wil! continue its existing library at the Terman Middle Schoo! unti! such time as the District gives it notice that a!l or a portion of those facilities are needed for district purposes. Upon six months written notice that al! or a portion of the facilities are needed for district purposes, the City shal! vacate the identified portions of the premises. G.Restrooms at Terman Middle School. !. The restroom facilities iocated at-Terman Hiddle Schoo! shall be available for public use while City programs are scheduled at either Terman Middle School or Terman Park, and wlhile the Terman Library is open to the public. They shal! also be available to library staff during their working hours. 2. The School District shall perform custodial maintenance of the restrooms on a daily basis when its custodians are on duty. On days when its custodians are not on duty, the School district shal! make arrangements in advance, as part of the scheduling agreements, to provide supplies to the City on site so that is may restock the restrooms on those days. H. Establis_hment of City and School District Joint Use Committee. The City Manager and the Superintendent shall each designate two staff members to the Terman Joint Use Committee which is hereby established. The Committee sha!l meet at least three times a year, but may meet additiona! times each year as~ necessary to administer this agreement. The Committee shall be responsible for administering this joint use agreement. !.Term of Agreement. This agreement shall commence upon the date first entered above and shall end upon termination of the Cubberley Lease between the City and the Schoo! District unless otherwise terminated by consent of the parties. J.indemnification. The City shal! investigate, defend and indemnify the Schoo! District from any and all claims, demands, actions or damages arising out of the b_~y s use of School District Facilities to which the School District may be subjected as a direct conse_c!uence of this agreement except for those claims, 011206 syn 0090910 demands, actions or damages resulting solely from the negligence of the School District, _~s officers, =gen~s and e~mloyees. The School District shall investigate, defend and indemnify the City from any and all claims, demands, actions or damages arising out of the School District’s use of City Facilities to which the City may be subjected as a direct consequence of this agreement except for those claims, demands, actions or damages resulting solely from the negligence of the City, its officers, agents and employees. Complete Understanding and _<men6ments. This agreement and the attached exhibits set forth the complete agreement and understanding of the parties;any modification must be in writing executed by both parties. L.Notices. If at any time after the execution of this agreement, it shall become necessary or convenient for one of the parties hereto to servm any notice, demand or communication upon the other party, such notice, demand qr communication shal! be in writing and shal! be served personally or by depositing the same in the United States mai!, return receipt requested, first class postage prepaid and (!) if intended for City shall be addressed to: City Clerk City of Palo Alto P.O. Box 10250 Palo Alto, CA 94301 with a copy to:Director of Community Services Department P.O. Box 10250 Pa!o Alto, CA 94301 and (2) if intended for PALO ALTO U~IFiED SCHOOL SCHOOL DISTRICT shall be addressed to: Palo Alto Unified School District 25 Churchil! Avenue Pa!o Alto, CA 94306 7 CITY USE The JCC shal! have prior and the gb,-mnasium for its to its permanent faci!iti is earlier.Al! exc Attaci%ment !A. The City’s use of the T, include: i.Swimming Pool a.Schoo! year- instructiona! Summer- Seven programs, rec: 2.Gymnasium a. School Year- athletics, ) Weeknights fo night use for b.Summer- Seven adult program 3.Library Wing Use of that win section F of converted to C some time in th~ or to such other address as either paz other in writing as a place for the s6 so mailed shall be deemed to have be same is deposited in the United States iN WITNESS ¼~EREOF, the ] agreement on the date and year first, CITY OF PALO ALTO City Manager ATTEST : City Clerk Jo] AP~ Mayor U Ma: Su] APPROVED AS TO FORM: Arie! Pierre Calonne, City Attorney APPROVED AS TO CONTENT: Paul Thiltgen, Parks and Recreation Di O11206 syn 0090910 O11206 syn 0090910 ’ F&hys, 6DO p.m, ~o 10:30 ATTACHI~ENT 2 SCHOOL DISTRICT USE OF TEP~NLA_N PA/LK School District shall be entitled to the issuance of a City permit under Chapter 22 of the Pa!o Alto Municipal Code for use of portions of Terman Park during certain hours. School District shall not be required to pay for such permit, and in any case where there is a contradiction between the terms of the permit and the terms of this Agreement,this Agreement shall govern. !.Terman Tennis Courts a. Terman Middle School shall have first call on the tennis courts between the hours of 7:30 a.m. and 3:3@ p.m. on days when Terman Hiddle School is in regular session. b. School District shall pick up all litter and leave courts in good condition at end of every day of use. 2.Terman Playfields. a. Terman Middle School shal! have first cal! on the playing fields between the hours of 7:30 a.m. and 3:30 p.m. on days when Terman Middle School is in regular session. School District will not have the right to routinely exclude members of the public from any dedicated playing field or parkland. School District wil! have the right to take reasonable actions to protect both its first cal! on the playing fields and the safety of the students. No permanent fence or other barriers to public access wil! be constructed. b. Schoo! District shal! pick up al! litter and leave fields in good condition at end of every day of use. The public will have unrestricted access to those portions of Terman Park not being used by the Terman Middle School. O11206 syn 0090910 !0 City of A~h~.~ D ~PPRox. ONE I41LE X STANFORD UNIVERSITY