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HomeMy WebLinkAboutAgenda Packet 02/04/1988 AGENDA JOINT CITY COUNCIL/SCHOOL DISTRICT SPECIAL MEETING ATASCADERO HIGH SCHOOL / I .M.C. BUILDING ` FEBRUARY 4; 1988 6 :30 P.M. 1 . ATASCADERO CREEK BRIDGE - CONSENSUS OF BRIDGE LOCATION AND • TRAFFIC FLOW/CONFIGURATION Z. CITY OF ATASCADERO/ATASCADERO UNIFIED SCHOOL DISTRICT - CONCEPTUAL APPROVAL OF THE PROPOSED JOINT USE OF FACILITIES AGREEMENT To: The Board of Education and City Council Through: Michael B. Shelton, City Manager From: . Paul M. S nsibaugh, Director of Public Works/City Engineer For: The Joint City/School Committee Date: January 29, 1988 Re: Atascadero Creek Bridge ' Recommendation: The City/School Committee recommends that the Atascadero Unified Schood District Board of Education and the City of Atascadero City Council endorse the street and bridge alignment attached hereto for the proposed Atascadero Creek Bridge, and that a concensus be reached that the respective bodies direct staff to prepare a lease agreement for Council and Board consideration for temporary property trades to accomodate the Proposed alignment. Background: The joint City/School Committee has met regularly on the above topic over the past six months . A consultant was hired by the City at the recommendation of the committee to study several Potential alignments for a route parallel to E1 Camino Real across Atascadero Creek connecting the Central Business District to neighboring shopping centers and the future Highway 41 alignment . The AUSD owns the creekway property in this area and an easement is necessary prior to the construction of a bridge . The committee made an exhaustive review of the pros and cons of the alternates and has finally zeroed in on a variation of the original proposals . At the last special meeting a concensus was arrived at with respect to an alignment that would address all the concerns, subject to a review of a larger scale plan of the new alternative and subject to the impact on existing buildings such as the Historic Society building, the Daily Press, and the school Administration/Kindergarten portable building. That plan is presented for your comments and approval . Discussion: The suggested alternative protects the General Plan location of the bridge, eliminates the need for securing additional right- of-way through private developments, addresses the conflict between student pedestrians and vehicular traffic, allows for a temporary swap of property between the Schools and the City, provides for the Palma pedestrian movement across the creek, assumes a no-cost easement across Atascadero Creek from the Schools, sends projected traffic to the more commercialized section of the B. I .A. , allows future accomodation 'of a potential redevelopment agency at the school sites, and addresses the school drop-off traffic in the safest manner. Once both agencies agree to an acceptable alignment the city staff plans to take a proactive approach to the bridge project . At the February 23 regular council meeting a request for proposals for the design of the bridge will be on the agenda. Once the design is completed, which will include the bridge, the street realignment and the walkway bridge, the project will be ready to go out for bids, conditional upon financing. Fiscal Impact : The total project cost has been estimated at $650, 000 and the Lewis Ave . Bridge Development Fee was established around that amount . Over $101, 000 has been appropiated out of bridge contributions form the Bordeaux House project as the City' s good faith effort to make the project a reality. The design is estimated at $50, 000 . Aggregate cost of the traffic mitigation study ($5, 000) and estimated design cost ($50, 000) will leave $46, 000 of the $101 , 000 Bordeaux House contribution towards construction. - Fees are expected to generate $549, 000. The combined bridge fees and Bordeaux fund balance equals $595, 000 which will be used for the bridge ($400,000) , the walkway bridge and pedestrian path ($40, 000) , the street realignment, including moving the school administration building, traffic control , landscaping, parking lot improvements and other mitigation measures ($50, 000) construction administration and inspection ($35, 000) , ' with the remainder going to legal and advertising and contingencies ($24, 000) . The Development Fee Committee has recommended that once the City committs the $101 , 000 to the project that the development fee should be reduced from $1. 93/s . f . to $1 . 63/s. f . Based on the development fee concept, the bridge will be built upon receipt of all necessary funds . It is estimated it may take 10 or more Years to acquire the necessary revenues This method makes the bridge reactive instead of proactive and developers argue that interest earnings on funds paid early on will result in an unfair method. Those paying the majority of fees have indicated that once a contract is entered into for the design, they would like to discuss some creative financing with the City, especially assessment district possibilities . Paying the fee at the building permit phase cannot be included in their construction loans and may make their projects cost prohibitive . At the same time the bridge would not become a reality until all money is collected, therefore they would receive no benefit from the fees and the City could not mitigate the traffic as planned. xc : Dr. Anthony Avina • a" January 26, 1988 To: City Council Via: Mike Shelton, City Manager From: Bob Best, Parks and Recreation Director Subject : Joint Powers Agreement Background For the past several months, a JPA Committee has been meeting for the purpose of developing a Memorandum of Understanding and a Joint Powers Agreement with Atascadero Unified School District . The MOU was approved by the City Council on May 12, 1987, and by the Atascadero Unified School District on May 18, 1987. The Committee has since been meeting to develop the Joint Powers Agreement. On January 13, 1988, representatives of the JPA Committee met with the City/School Committee to review the draft Joint Powers Agreement . As a result of that meeting, the revised agreement is attached to this report . • Recommendation Accept this report as an information item for review by the full Council . Staff will present this foractionat the next Council meeting. Summary of Key Points The JPA will , for the first time, allow the City and School District to cooperate formally to provide recreation facilities, services, and programs to residents of Atascadero. Some key areas of interest include I . The City and School District shall confer regularly in regard to the acquisition of property and development of facilities for recreational purposes. 2 . Specific details regarding any site shall be contained in a Letter. of Understanding, and made part of this agreement . 3. The City shall work with the School District to acquire grants the School District cannot obtain.- 4. Outlines responsibilities for supervision of facilities and programs. 5 . Provides for a shared cost of equipment which may be damaged or worn out during the life of this agreement . 6. Each agency will name the other as additional insured 7. When possible, the City and School District shall work toward co-promoting recreational and adult education programs . 8. City will provide zoo education programs to School District . 9.The City may provide staff for noon-time recreation programs on school sites. 10 . An Atascadero High School student shall become an ex-officio member of the Parks and Recreation Commission. 11 . This agreement shall be in effect for five years, with the option to renew if desired by the Council and the School District. (REVISED DRAFT - 1/26/88) ROUGH DRAFT A G R E E M E N T FOR JOINT USE OF FACILITIES AGREEMENT entered into this ________ y da of ________, by and between, Atascadero Unified School District and City of Atascadero , hereinafter referred to as "School District" and "City" . W I T N E S S E T H WHEREAS, Chapter 6 of Division lE of the Education Code of the State of California authorizes and empowers public school districts and municipalities to cooperate with each other and to that end enter- into agreements with each other for the purpose of organizireq , promoting and conducting such programs for community recreation and education objectives for children and adults of the stato; and WHEREAS, the "School District " and "City` desire to establish a basis for the cooperative use of their respective recreational and educational facilities located in the community ; NOW, THEREFORE , -School District" and "City" hereby mutually covenant and agree with each other as follows: A. Principles 1 . The "School District" and "City" shall cooperatively plan in the acquisition, development and maintenance of certain school and recreational arras, facilities and buildings to insure their maximum joint use for the benefits 1 of the r-t?sidents of the City of Atascadero . 2 . Tris agreement lovers general requirements needed to eff_ctiveIy implement thr) ov{=r-all cooperative program for- the ":_School District" and "City" . Agreements affecting the joint acquisition, development , use and maintenance of specific "School District" and "City" facilities may be accomplished by a;-i agreement executed for each such facility and attached to this document as addenda. Each addendum becomes a part of this agreement and is subject to the general requirements specified here. 3. The administrators and delegated representatives of both the "School Dist:;- pct " and "City'' shall confer 0 r-eoularly in regard to Che acquisition, deveiooment , use of maintenancP of Join' -use Iscillties to insure maxlmum community use and ':o avioid duolicatinn . 4 . A joint meeting 0f the "Schocl District " and the "City" representatives ="13i i be held as neCE's,;:ary during the term of this agreement to consider matter, of mutual ._ern . Details regar-: ii-Ic sar2 0f specifi- faes s all be outlined in a Let e.- of Understandinq . tJt i i i .'_ i. n guidel i n e s k-st3b l i_•"led by t i s agreem9n4: , the .:appropriate School District Hciministrator acic the Parks and Rer_reation Department Staff shall 'De re nonsibl- for . oc.atli,ning specific responsibilities for the recreation staff and what is expected trorn the school clist:rict , and may c' include anv fin arc ial -ommitmen ts for either a,-4ency . B . .joint_ Pianni'-lq 1 . The School District and the %Y, shall ad••;i-a the other regarding its land acquisitions and major development plans. The preliminary plans for all new recreational facilities shall be presented to each staff for review and suggestions. It is the policy of the cooperating jurisdictions to acquire adjacent sites whereve.- appropriate and possible. E. Each juri :>diction ' s planning staff may pe-form minor and short-ter(r, ,, Ia—n-,intg and dE?sIgn w o r foT- the o-h'?r- On Sri actual _'ost basis v1hen a" ime Permits. 3. Pu h, 1ic b Id;ros and faciliti(-?s f c r each i-risdicticn shall se designed to effectively ser•le the speci* ic puFpo>>e for which constructed . Where prat`icel , they shall also be designPd tc meet communit_� r:eer:s `or- both 1==is:cru-tune activitieT, and school procram:- . Dui lding and grounds shall oe de--igr:ed to be compatible t!-.e s�-:r- oundinc� PnvironiT:-ri2 :ono with a strcnc,, a��arE=nc ss; f`r" efficiency of operation. maintenance and 5tnatiC: +. The "Cit , „ ar,i ":school District" stafr cr arci; tte.ct may consult or the initial site pian fcr- areas theft rail. '_ bre included as addenda to this ani-eement in order to treat , an efficient , in-.egr,atpd master site plan. S . The it .-" shall work cooperatively with the 3 0 "School Ji= trict" to acquire grant= for development of recreational facilities on or adjacent to district property . C . Joint Development 1 . Both the "School District" and the "City" may agree to jointly develop facilities they deem beneficial to both agencies. Projects recommended for joint development " during the next fiscal year should be presented to the School Board and City Council for approval before March 1st of the current fiscal year . B. The cost of developing such facilities jointly approved by the agencies may be shared , as deemed appropriate and ?air to the agencies . 3 . Responsibility for prepaying design, specifications , and bid forms, lar- supervision of work , and for maintaining the facility to be jointly developed shall be detined and approved by the agencies before starting the development . if the Ta_- i lity is built on school property , it has tiJ meet the Stat? c7,p'=cif lcatlons establ ished for Cchool districts . 4 . Availai_) ility ot- nese jointly developed facilities for use shall be determined by the owner agency. 5 . Each , with the consent of the other agency , may mak such improvements as may be deemed necessary by them for their program . µ D. joint Use 1 . The ""SC_hccl District" agrees to grant tc thy= "City" on app 1 is At ion, the use of any fac i 1 i t%/ or equipment owned by the School District , t-ihich the "City" may require in connection with its community learning and leisure program, provided that the use of such facility or equipment for community recreation purposes shall not interfere with its use by the "School District" for that agency ' s stated purposes , or constitute a violation of provisions of the California Education Code or, Government Code Sections . E . The "City" agrees to grant to the "School District" • Oil applicaticr , the Ii-e of any facility or eO"uinmPrt by the "City" 1(licn the ""SChOol District " may re-iuir it C=onrec.tion Wit,, it=- p`-GG 3m, providing such Tisa of a;l,e, facility or aquipment will not interfere with its use !_y the "City" in connecticr with ita stated purpose . The use ?aci. li ~ iss and equipment pursuant to this; agreement �--nail _ _ i tn'tc^d subject to existing rUlF�—S and `equl3tions of t�-P OVjM,-?r5 pertaininq to h511' , , l �ff(3" e :i insure 1 aso1 3bl�= cOnf(j m t SuC'l L,-?Y, �kIl"1 - q u I a t i o n s I-)etwe''n rr? pecLivP OW+-,P I- 4 . '-4 . i ha Super i. -itlendent or Schools and tt-,a Par':Is aild PF?crsation Lirect )r- Sllaii delegate the respons— bilitV TM- es ,ablishing scheriulcas `or facility u e 'O tha Recl-eatio„ J (Paragraph #7 Revised - 1/26/88) Division Starf t Principals%Vice Principals of each school , and the s Director of 1"lainttenancc- Operations. 5. The agency using facilities or equipment owned by the other pursuant to this agreement shall furnish qualified personnel deemed necessary by the respective owners for the proper conduct and supervision of the activity. 6. The party using facilities or equipment of the othel' pursuant to this agreement will repair , or cause -to be repaired , or will reimburse the owner for the cost of repairing damage done to said facilities or equipment during the a=riod of such use, other than that attributed to ordinary and reasor:able r_rse. The Letters of Understanding at each school =ite shall. identify responsibilities fcr replacement of items due to wear and tear on equipment and facilities . 7. The "Citi:;" ,aiii indemnify and hold harmless the "School District and its officers, agents , servants , and emoioyees , --rom any and ati cjaim 0em,3110s , actions , cau'_ies of action, damages or liahil ..ity for injr;ry to or death of persons , or for damage to property , resulting from or arisir,q out of any act o omission of the "City'' or iCs officers , agents , servants or employees of t:he use of School District '' prnperty Or- in the exercise of any ether right or pr-i ,'ilege granted to the "City" by the "School District" pursu--i,t to thi :_ agreement- . The "School Distr4c-r '' wiII indemnlf` ano hold h'armlea=fs the "Cit; " and its of-icers , agents , servanr. and emc-loyees . fr•nm any and all claims , demands , actions . causes of actions , darnacles or liability for injury to or death of persons, or for damage to property, resulting from or arising out of any act or omission of the "School District" or its employees , agents, servants, or employees in the use of "City" property or in the exercise of any other right or privilege granted to the` "School District" by the "City` under or pursuant to this agreement . B. Insurance shall be purchased and maintained by the City of Atascadero and Atascaderc Unified Schook District for the term of this cortra=t as follows: TYPE AMOUNT A. Workers Compensat on Statutory Amount B. Autcmobile liability 1. Mil . C.S .L. including owned , hired . borrowed , and nor,-owned autos . C . Comarenensive Ger-,Pral 1 Mii . C . . L . Liability inciudir.q _ ntractual liability and- per=onU1 . n iui-y A Certif,.cate of insurance E­viden_- ir,q the reouired coverace r,,ith a 30 clay written canceilation notica to the other entity shall be provided . Ea_h entity shall name the other entity as additional i nsured . E. Cooperative Delivery of FIro ms —- -- ------qr- a- 1 . When possible, the "3chocl District" and "City" shall work toward cc-piemution of adult education programs and City recreational activities. Responsible parties shall be the Recreation Supervisor and the Adult School Principal . 2. The "School District" shall endeavor to provide space at each elementary school in Atascadero for the "City" to conduct its After School Program. ' 3. The "City" will make available to the "School District" zoo education programs. This could include a teaching packet for district instructors , an in-school, program to be given by the Zoo Curator or designated representative, and a slide presentation on zoo education. 4 . TMe "-ity" may provide staff for "noon-rime recreational activities at each elementary schcoi and th-e- junior high cnoo '_ . Freque,jcy and type of program :;hail be determined by recreation staff and the appropriate school principal 5 . The "City" shalt gr _nt continued usage or aivord Field to Atascadero H; ,h chcol for it-s baseball prcgramS. Improvements neec'ed sas-cifirally for the program shall ne the responsibility of the "Schcci District " 6 . An 6tascadero Hirsh Schocl stude -it , to L)e desiQnated by the "School DistriCG " , shalt be an e„-officio member of the Parks and Recreation Commission. This will provide the 0 opportunity for direct communication with hiqh school age =rt stu:�,ent= concerning their n_-eds for recreational activities in the community . 7. The "School Distric-, " and `City:`` shall cooperatively work to maximize the usage potential of school district outdoor recreational facilities. Under guidelines established by the "School District" the "City" will be responsible for coordinatinq outdoor facility usage during non-school hours at the elementary and junior high schools ` in Atascadero . F . Coss and Re_lmbu sements_ I . The 'City" and ''Scnc6l District " shall , when possible , ccoperativeiy purchase equipment for use by the intramural prcgrams of tha cistrict and t^ity •sconscr eci activities . S . Specific di--t-alis renarding costs for facility u_aga =_hail Le Outlined in the Letter of Understandlnq for each. site, VJIth tie specific Goal to reduce program delivery cc=ts or t M e ' SS oat rii tr i _-t" and the "City' . _7 1 h2r- et _ in. 'tiat s action to terminat- tr" clg r"e•ement , the ion Seiki sites shai l teccm? ':he oT"o p e r u C;T t%P er, 1 ty drl:7 tit 1 heretC S h 1 ieSt; Irl `r;e entity Uit:hC)u the r1EEe'ssiti Cif d forma 7Ccui-iientc3t ': on o Cr3T15TEr E'fC'CtiVE on -_aicl datC 700- pr0Je-,S lrl`Joi`Jlrg Stat;7a or cederai parks and -ecreation funds , the action may not be comr, leted until State or L�:ederai representatives have determined that the benefits received were commensurate with the t-,✓p2 and duration of interest in the '.and held by the project appiirant . H. Terms of Agreement . 1 . This agreement shall become operative on date set forth above, and shall continue in effect for a period of five (5) years unless previously terminated by either party` on ninety (90) days written notice to the other party. IN WITNESS WHEREOF the parties hereto executed this agreement as of the date set forth above. 10 A TASCADER0 UN I IF I ED SCh; OL D 15 T R I CT By: Chairman, Soard of EdLication ---------------------------------- KEN BECK Signature Attest : --------------------------------------- ANTHONY AVINA Secretary, Board of Education • CITY OF ATASCADER'0 By: Mayor cr Atascader., BARBARA NORRIS Attest : BOYD C. SHARITZ Ci tv e r k it