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HomeMy WebLinkAbout1977-07-20; City Council; Resolution 5153RESOLUTION NO. 5153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION AND USE OF A COJ9IUNITY SWIMMING POOL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE?ENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and the Carlsbad Unified School District for the construction and use of a community swimming pool, a copy of which is attached heretc marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. an adjourned PASSED, APPROVED AND ADOPTED at/ regular meeting of the City Council of the City of Carlsbad, California, held on the 20th day of JUlY , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Skotnicki and NOES : None Councilwoman Casler ABSENT: Councilman Packa, ATTEST : (SEAL) i I *( 0 EXHIBIT "A" to RESOLUTION NO. 5 i 33 AGREEMENT FOR CONSTRUCTION AND USE OF THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT A COMMUNITY SWIMMING POOL BETWEEN U THIS AGREEMENT is made this 20th day of July I 1977, between the CITY OF CARLSBAD, a municipal corporation of t the State of California, hereinafter referred to as CITY, and the CARLSBRD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, hereinafter referred to as DISTRICT. WITNESSETH: WHEREAS, District desires to provide an educationa1,aquakic program for its students; and WHEREAS, City desires to provide the citizens of Carlsbad with a year-round recreational swimming program; and WHEREAS, the citizens of Carlsbad, by an advisory vote, have indicated they favor the construction of a community swimming pool facility (hereinafter referred to as "pool") in the City of Carlsbad; and WHEREAS, City and District desire to cooperate with each other in order to accomplish the construction of the pool to provide the entire community with educational and recreational aquatic programs; and WHEREAS, Chapter 6 of Division 12 of the Education Code of the State of California (commencing with Section 16651) auth- orizes and empowers school districts and municipalities to cooperate in the organization, promotion and conduct of programs for community recreation, and t WHEREAS, City and District desire to enter into a formal agreement defining the rights and responsibilities of both parties in connection with the construction and joint use of a community pool; 8l NOW, THEREFORE, BE IT RESOLVED the parties agree as follows: 1. Construction of pool t The pool shall be constructed by City in the following manner : A. City shall employ architects and any other profes- sionals as it considers appropriate to design the pool and to prepare plans and specifications therefor. City shall consult with District during the course of the pool design. City shall direct the architect to obtain such approvals of the plans and specifica- tions for construction of the pool as may be required from the State of California Department of General ~ Services, Office of Architecture and Construction. B. The design of the pool shall be as approved by City. Before giving final approval of the design, City shall give the school board an opportunity to make recommendations thereon. City shall give due con- 'sideration to any such recommendations before approving the pool design and the plans and speci- fications therefor. C. The plans and specifications shall conform to all legal requirements of state and local authorities and shall be as approved by the City. District .. 2. shall be accorded the opportunity to review and 2. comment upon the plans and specifications prior to approval by City. City sha.11 call for bids and let contracts for con- U D. struction of the pool in the manner prescribed by law. E. City shall pay all costs for the design and con- struction of the pool. District shall provide the site as described and in accordance with Section 2 of this agreement. G. Title to the pool shall be vested, upon completion F. # of construction, with City. Pool site The pool shall be constructed on a portion of a parcel of land of approximately 4.9 acres presently owned by District and held as a part of the campus of Carlsbad High School.’ The site is generally located on the west side of Monroe Street, near its intersection with Basswood Street, and is more particularly described on Exhibit A, attached hereto and made a part hereof. construction of the pool by City and the provision by City for District use of the pool as specified in this agreement, District shall deed the site as described on Exhibit A to In consideration of the City. The transfer of said site shall include all impr’ove- ments presently existing thereon including, but not limited to, the four tennis courts and paved parking areas. The transfer of title of said property from District to City shall be accomplished in the following manner: 3. 3. 4. tly upon approval of th greement by the parties, 'W A. District shall begin such procedures as may be required by law to complete the transfer of title. B. District shall be responsible for completing all action required by law to effect the transfer of title of the site to the City. District shall be * responsible for all costs necessary to conyey legal title to City. C. The transfer of title to the property to City shall be completed by District as soon as possible after execution of this agreement. D. District shall install curb., gutter and' sidewalk the length of District property on Basswood Street beginning at VaIley,northward; such installation to be completed prior to the completian of pool construction. City to Administer - general The pool shall be administered, managed, operated and maintained by City. City and District agree that the pool shall be jointly used by the parties in the manner pro- vided by this agreement. City and District agree further that the costs of administration, management, operation, maintenance and repair of 'the pool shall be shared by the parties in the manner provided by this-agreement. Whenever the term 'lpool" is used in this agreement, it shall include all'related facilities including, but not limited to, parking lots, restrooms, dressing areas, landscaping and - locker facilities. Use - general City and District agree that the presumption upon which all sections of this agreement shall be interpreted is 4. 5. s uses, programs and des s shall in all that "0 cases and at all times take precedence over District's and that District shall use the facility only during such periods, and for such purposes, as City may make the facility available. However, it shall further be under- .I stood between all parties to this agreement that City shall, in fact, under normal operation of this agreement, make the pool available to District for certain hours during such times as Carlsbad High School is in session during the normal September-June school year, as well as such times as it may be mutually beneficial to City and District to permit the District's use of the pool. The pool shall be owned and operated by City as any other facility of City, recognizing District shall have the right as specified in this agreement to use it at certain times. Use of pool City shall have the use of the pool for any and all pur- poses and at all times except as otherwise express19 provided in this section. City shall provide for District use of the pool for educational swimming programs and competitive swimming activities as follows: A. From 8 A.M. until 11 A.M. and from 2 P,M. until 5 P.M. on Monday through Friday, on those weeks Carlsbad High School is in session during the regular school year, from approximately mid- September through mid-June. B. District use pursuant to Paragraph 5(A) may exceed 5. the 5 P.M. time for interscholastic activities providing a schedule therefor is approved as a part of the annual schedule in accordance with this section. +) C. During the summer, provisions for some District use of the pool may be made, provided such use'is con- sistent with City programs, as part of the annual schedule, upon mutual agreement of the parties. A specific and detailed comprehensive schedule for use of the pool shall be established on an annual basis by the mutual agreement of the parties. The City Manager, or his representative, is hereby authorized by City, and the District Superintendent, or his representative, is hereby authorized by District to establish said schedule and to make changes thereto. the schedule shall be established by the City Manager. If the parties are unable'to agree, Any schedule established shall be based upon and in ac- cordance with the provisions of Section 4 and Section 5 of this agreement. Use of pool by one party during the other party's scheduled time may be obtained by applying for a permit and receiving approval for pool use during that scheduled time of the party having the right to the pool use. issuing such permits shall be a part of the pool schedule established pursuant to this section. A procedure for 6. 6. Pool maintenance will require.the pool to be closed from time to time. The pool schedule shall include provishns for such closures. City shall make reasonable efforts to reasonably and fairly apportion periods of closure between City and District'use of the pool. City reserves the right to close the pool at any time as it determines necessary for the proper operation, maintenance and repair of the pool or for reasons of health and safety. Terms of district use A. District shall pay to City the direct cost of District use of the pool. as provided in Section 9 of this agreement. Direct costs shall be determined Pay- ments by District to City for use of the pool shall be made upon statements rendered to District by City at the end of each quarter of the calendar year based upon the direct costs for such use as provided in Section 9 of this agreement. During the periods scheduled for District use, District may use, administer and direct certain programs at the pool, in the manner set forth in this agreement. Such use may include determination of hours and rules for use as mutually agreed upon, and shall include employment of such personnel. by the District as are necessary for the efficient operation of the District's programs and activities at the pool, including, but not limited to, supervisory personnel, teachers, lifeguards, locker room attendants, cashiers, cleanup B. 7. persons and other necessary aspects,of program management. maintenance of good order and conduct in the use District shall be responsible for-the of the pool and all related facilities, buildings, 4 landscaping and parking areas during such times. The premises shall be used by District in keeping with the best accepted practices to assure proper standards of conduct, safety, cleanliness and health. District shall be responsible for enforcing City's adopted rules for the operation and use of the pool and :shall make no rules which are inconsistent with City's adopted rules without the express consent of City. District reserves the right to charge, collect and C. retain reasonable fees from participants or;:spec- tators in connection with interscholastic athleeic ., events or other educational events administered by District during periods the pool is scheduled for District use. District reserves the right to control admission to the pool when being used by District based upon reasonable rules and regulations. to inform City of all rules and regulations prior to D. District agrees their final adoption. District may maintain telephone service to the E. facility, such costs being paid directly by District. Such telephone service shall be restricted to Dis- trict use. 8. . . ._ , , ,. .. .- .- F. City shall not provide any towels, suits and other necessary items needed for District's programs. Such items, if provided by District, shall be stored separate and apart from City's similar equipment, +( G. District shall insure that adequate staff super- vision is provided during periods of District use. In addition to the payment of direct costs as required by this agreement, District shall pay its expenses including the cost of such staffing and cleanup during the time the pool is used by District. District may install and maintain at its expense, H. appurtenant equipment such as instructional aids and competitive items that are peculiar to its needs and uses. If such equipment will involve any alter- ations to the pool or necessitate storage ofi the pool site, the installation of such equipment shall. be subject to the approval of City. I. District shall make available to City, during hours when the pool is in use by City, existing parking lots located on the Carlsbad High School campus to accommodate the public in connection with their use of the pool. If toilets, showers, lockers and dressing areas, contemplated as a part of the pool, are inadequate for a contemplated use of the pool, and if the District has adequate toilets, showers, lockers and dressing areas available that are not in use in connection with educational activities, then 9. 7. 8. District shall make such facilities available for use by the public when using the pool, District use - City responsibilities +( During periods scheduled for District use of the pool, City shall make available to District during such periods of District use, all required facilities in connection with f the pool. These facilities shall include parking areas, the pool area, including equipment spaces, locker rooms with showers and, in addition, pool office, restrooms and 4 storage space. Maintenance and operation A. Except as otherwise specified herein, City shall maintain and operate the pool and all related facilities. It shall be the duty of City to regularly inspect the pool to maintain the pool in a reasonably good, healthy and safe condition, and to provide'for disposal of all garbage, trash and rubbish. B, Sub3ect to the provisions of Sections 3, 6 and 9 of this agreement, City shall provide and pay for water, gas, electricity and other utilities except for the -telephone service cited in Section 6(E) of this agreement; and shall provide and pay for pool chemicals. and other special items and supplies. The terms "pool chemicals, other special items and supplies" shall be defined to include such expenses in connection with the use of the physical plant as lubricating oil, light bulbs, swimming pool chl&ine, neutralizing 10. alkali and similar operational supplies or items. C. Subject to the provisions of Sections 3, 6 and 9 of this agreement, City shall provide the labor and maintenance force and necessary materials for the 4 care, maintenance and operation of the pool, including vacuuming and chemical application and shall be responsible for such care, maintenance and operation, The terms "care" and "operation" shall mean such expenses in connection with the use of the physical plant as cleaning, disinfecting, heating, lighting, landscaping maintenance, water and similar items which are regularly incurred; and in addition to such items, it shall also include the salaries for necessary employees' time, and replacement of original equipment. The term "maintenance" shall mean expenditures for repairs to the equipment, swimming pool, other in- cluded' buildings or portions thereof, heating, ventilating and filtering plants, the repakr-of- wiridows, hardware, landscaping, plumbing, electrical fixtures or other equipment of such type, and emergency repairs of similar nature, and preventive maintenance procedures. maintenance shall be responsible to the City's Aquatics Manager. Subject to the provisions of Sections 3, 6 and 9 of this agreement, City shall provide a full time onsite manager for the pool referred to herein as the City All city personnel assigned to pool D. Aquatics Manager. The City Aquatics Manager shall be a regular full time City employee under the direction of the Director of Parks and Recreation and shall be responsible for the day-to-day manage- ment of the pool. All matters relating to District use o€ the pool shall be coordinated by the City Aquatics Manager. To the extent it is consistent with City personnel rules, the City will consult with District prior to the selection of the City Aquatics Manager. District employees shall accept direction from the City Aquatics Manager in matters relating to the management, operation, maintenance or repair of the pool and he shall be responsible for insuring that District programs are staffed and cleanup properly---- performed in accordance with this agreement. 9. Direct costs Direct costs to be charged to District, pursuant to Sections 3 and 6 of this agreement, shall include all identifiable costs related to the care, maintenance, operation, repair and management of the pool including, but not limited to, those costs specified in Section 8 of this agreeoent for the time such pool is used by District during each respec- tive calendar year. District's share of such costs shall be in the same pro- portion to the total of all such costs -_ as the number of \ 12. hours of Dj-strict's use of the pool bear to the total 11. 12. 13. number of hours of pool use. . Records of the hours of use shall be maintained by the City Aquatics Manager and shall be subject to review by U the District. Except as expressly provided in this agree- ment, City shall have no responsibility for costs relating r to District's use of the pool. Improvements No dlteratibns,, improvements or additions shall be made by District without prior written approval of City. City agrees to consult with District before making any altera- tions, improvements or additions except projects not exceeding $100.00. Any and all alterations, improvements or additions shall be made and performed in a good work- .. . manlike manner and in accordance with all statutes, ordinances and regulations applicable thereto. Employees All employees of the District and all employees of the City shall be experienced and competent, and shall be licensed when required by law. All such employees shall represent only the party employing them, Permits and licenses District and City shall procure for their operations, at their respective expense, all permits and licenses that are or may in the future become necessary or required for their operations at the pool. District further agrees not to allow or permit any fee or charge for such permits or 13. licenses to become delinquent. 14. 15. Compliance with law City and District, at their respective expense, shall comply with and observe, and secure compliance and obser- 4 vation with, all the requirements of the Carlsbad Municipal Code, and all Municipal, County, State and Federal ordin- ances, codes, statutes, and regulations now in force or which may hereafter be in force applicable to the pool. Waste - care of premises City and District shall give prompt notice to the other, of any damage to the swimming pool facility, Neither District nor City shall commit, or suffer to be committed, any waste or injury of any private or public nuisance on the premises. 16. Indemnification . .. Insofar as it is legally authorized, District shall hold . harmless and free from liability City, members of its City Council, boards or commissions, its officers, agents or employees while acting as such, from a11 damages, costs or expenses which may arise by reason of liability imposed by law because of injury to property.or injury or death of persons, received or suffered by reason of use of said pool and appurtenances by District, authorized, City shall hold harmless and free from liability District, members of the Governing Board, its officers, Insofar as it is legally agents, servants and employees, while acting as such from. all damages, costs or expenses which may arise by reason 14. .". ~.. . ... ... - . ._-_.* . _- . . .. -. . . . . .. . . ~ of liability imposed by Law because of injury to property 17. or injury to or death of persons, received or suffered by reason of use of said pool and appurtenances by City or because of the construction by City of such pool. * Insurance The City agrees to take out and maintain at its expense public liability insurance with an insurance carrier satis- factory to the District to protect against the City's liabilities mentioned in paragraph 16 and for damages due to bodily injury, including.death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of City or any person acting for City or under City's control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or frsm acts or activities of any person acting for City or under City's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in an amount of not less than one million dollars ($l,OOO,OOO) for each occurrence. A copy of said certificate of insurance shall be sent to the office of District. City agrees that this agreement shall terminate, on the option of the District, upon the effective date of the cancellation, termination, or sus- pension of any or all of the insurance policies heretofore mentioned, unless before such effective 'date City has 15. acquired other insurance which, in the determination of the District, adequately replaces the cancelled insurance. The District agrees to take out and maintain at its expense4 public liability insurance with an insurance carrier satis- factory to City to protect against the District's liabil- ities mentioned in paragraph 16 and for damages due to bodily injury, including death resulting therefrom, suf- fered or alleged to be suffered by any person or persons. whatsoever resulting directly or indirectly from any act or activities of District or any person acting for District or under District's control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for Dis- - trict or under District's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in an amount of ' not less than one million dollars ($1,000,000) for each occurrence. A copy of said certificate of insurance shall be sent to the office of the City Manager. District agrees that this agreement shall terminate, on the option of the City, upon the effective date of the cancellation, termination, or suspension of any or all of the insurance policies hereto- fore mentioned, unless before such effective date the District has acquired other insurancr, which in the 16. 18. determination of City, adequately replaces the cancelled insurance. Fire insurance 19. 20. * City shall keep and maintain in full force and effect during the term of this agreement, fire insurance, including extended coverage, insuring the City and District against loss by fire of any facility, building or accessory erected or constructed in connection with this agreement, Term Except as hereinafter provided, this agreement shall terminate on the 5th day of 0 ct ob er Termination This agreement may be terminated at any time after final acceptance by City of the completed pool and compliance with all sections of this agreement regarding the con- struction of the pool in the following manner: by Districi upon ninety days written notice to City; and by City upon ninety days written notice to District and payment to District of an amount determined in accordance with this section of the agreement which shall constitute District’s interest in the pool. . For purposes of this agreement, City and District expressly agree that the reasonable value of the pool site is $200,000.00 dollars. Upon termination of this agreem e”y the City shall pay District a sum determined as follows: dollars (the value of the site), q,$ take $200,000.00 divided by 5,575 (the total number of days of the agreement 17. term-15 X 365), multiplied by the number of days between 21. 22 m 4 Upon termination of the agreement, title to the pool site shall remain in City. Review - extension f City Manager and District Superintendent, or their appointed representatives, shall meet annually or more often for purposes of reviewing the implementation of this agreement. By mutual agreement, City and District may amend the agree- ment; said amendment to be included thereafter in the text. This agreement may also be extended at any time by mutual action of the parties. Replacement of pool .. . If the pool is totally destroyed or is damaged or otherwise is in a state to such an extent that, in the opinion of the parties, the same cannot be economically repaired, this agreement shall cease and be terminated. In the event of a termination of the agreement, pursuant to this section, or at the conclusion of the term of this * agreement, or any extension thereof, title to the pool site shall remain in City and District shall not be entitled to any payment therefor. 23. Damage to pool Except for damage caused without fault or by act of God, or by persons or instrumentalities not -J under the control * \ 18. . . . - . . . . . . . . -- . . . ... I . , . .. . I 24. or supervision of the agency having the use of the facil- ity at the tine, any damage to physical facilities shall be the responsibility of the agency having the use of the facility at the time. If damage occurs to the facilities while being used by District, District shall reimburse City for the cost of repairs. The facilities shall be returned to City in the same condition as when received, except for normal wear and tear resulting from usage. The cost of repairing all other damage including that caused without fault or by act of God will be shared on an equal basis. C District shall' give prompt notice to City of any damage to the pool. Notice shall be given in writing to the City Aquatics Manager. In the event such damage precludes the use of the pool by either party, any continuing operation and maintenance costs which would be included as direct costs under Section 9, shall be prorated between City and District on the same percentage basis as each party's share of direct costs was for the previous year. Abandonment City reserves the right at any time prior to commencement of construction of the pool to abandon the pool project by delivering written notice to that effect to District. Upon delivery of said notice, this agreement shall be of no further force and effect. If City elects to abandon 1. 2. the pool project after transfer of the pool site, said site shall be returned by City.to District. CONDITIONS PRECEDENT An express condition precedent to this agreement shall be t( the issuance by the Planning Commission, or on appeal by the City Council, or a conditional use permit for construc- tion of the pool on the pool site. In the event such permit is not issued, this agreement shall be of no further force and effect. An express condition precedent to this agreement shall be the completion of the transfer of the pool by District to City. In the event said site is not deeded to City in fee, free of liens .and encumbrances, this agreement shall be of no further force and effect. IN WITNESS FIHEREOF, the parties hereto have executed this agreement on the day and year first above written. , i CITY OF CARLSBAD, A Nunicipal ; 'ATTEST: I tion of the State of California T E. ADAM&, City Clerk CARLSBAD UNIFIED SCHOOL DISTRICT ATTEST : of San Diego County, California MARY A'. SFHEqR, President Board of wstees Approved by the Governing Board of Carlsbad Unified School District on October 5, 1977. City Attorney DONALD L. CLARK County Counsel 20. . . . . . - . .. . . .. . .. ~ " . . . I I . Resolution to Convey $6 Real Property Owned by ) School District to the ) City of Carlsbad . . . . ) the Carlsbad Unified 1 RESOLUTION NO. 7-7778 On motion of Member O'Neil , seconded by Member Kelly , the following resolution is adopted: WHEREAS, this Board on September 7 , 1977 adopted its resolution of intention to convey to the City of Carisbad that -real property described in said resolution upon the terms and conditions more particularly set forth in said resolution; and, WHEREAS, said resolution provided that a public meeting of this Board be held at its regular place of meeting, to wit: on October 5 , 1977 at 7:30 Am., at which time and place any person desiring t.0 protest said action could appear and be heard; and, WHEREAS, notice of the adoption of said resolution was duly given as provided by law, all of which appears by the affidavit of publication-on file ' in the office of this Board; NOW THEREFORE, IT IS RESOLVED that the President of this Board be and is hereby authorized and directed to execute a grant deed to the property described in said resolution to the City of Carlsbad, California, according to the terms and conditions mentioned above and set forth in the aforesaid resolution. - PASSED AND ADOPTED by the Governing Board of the Carlsbad Unified School District of San Diego County, California this 5th day of October 3 1977 by unanimous vote of all members of this Board. . Members of the Governing Board of the Carlsbad Unified School District of San Diego County, Calif omia. 8 <'< .I , Resolution No. 7- ,, . I, Mary A. Scherr, President of the Board of Trustees of the Carlsbad Unified School District, Carlsbad, San Diego County, California, do hereby certify that the foregoing is a true copy of a resolution adopted by said 4 Board at a regular meeting thereof, held at Pod A, Valley Junior High School, 1645 Magnolia Avenue, Carlsbad, California, at the time and by the:vote above-stated, which resolution is on file in the office of said Board. Mary A. Scherr . . -.,.- ...._ -._ . _. . . . .. . . , .. -.. -. - -.