HomeMy WebLinkAboutStaff Report 12 01/16/19962
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DEPARTMENT:
Plan
AGENDA ITEM4AN 16 1996
REQUESTED COUNCIL ACTION: Adopt Resolution finding the approval and
execution of the Joint Use Agreement is:
A: 1) exempt from the California Environmental Quality Act (CEQA);
2) consistent with the Petaluma General Plan and the CoronaBly Specific
Plan;
3) . that the development of recreational facilities irr conjunction with the
District does not constitute creation of a park as described in Section 20.34 of the
Petaluma Municipal Code; and
21 B: authorizing the City Manager to finalize preparation of the joint use agreement
22 document and applicable attachments, and further authorizing the Mayor or City
23 Manager to execute the final Joint Use Agreement on behalf of the City (please
24 note that final exhibits including maps have not yet been received).
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27 RECOMMENDATION: The draft Joint Use Agreement has been reviewed by Jim
28 Carr, Director of Parks and Recreation; Michael Acome, Personnel/Risk Management
29 Director; Richard R. Rudnansky, City Attorney; Warren Salmons, Assistant City Manager;
30 and Pamela Tuft, Planning Director. The attached Agreement has been amended, as
31 reflected by over -strike (deletions) and underline (additions) to reflect City staff
32 recommendations.
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34 Please note that there are differences between the text of the two Agreements as proposed
35 by the Waugh and Old Adobe Union School Districts. City staff included
36 recommendations for text changes to insure consistency without exact replication and to
37 address site specific issues.
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39 BACKGROUND:
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41 Policy 144 and related text of the Corona -Ely Specific Plan states, "School sites
42 incorporated into the Urban Separator (not including the Santa Rosa Junior College site)
43 shall be designed in conjunction with the development projects on the properties on
44 which the sites are designated. The intent of placing the school sites adjacent to the
45 separator is to allow "the schools to place as much of their playground, playfield, and open
46 space areas in the separator as possible." Policy 145 states "School buildings and parking
47 shall not be located within the separator ".
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49 The Old Adobe Union School site was obtained from Ryder Companies and Cherry Lane
5o Associates, developers of the adjacent Cader Farms Highlands and Mountain Valley
51 residential projects, respectively (see attached location map). The City has reviewed the
52 school site on several occasions, including: 1) Council review of the tentative maps for
53 the above mentioned subdivisions; and 2) staff review of preliminary site design plans for
54 the school site.
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ALTERNATIVES:
1. Adopt Resolution as requested by the School District and recommended by City
staff.
2. Adopt Resolution, directing staff to incorporate specific revisions to the Joint Use
Agreement.
3. Decline to adopt Resolution approving Joint Use Agreement.
CONSEQUENCES OF NOT ACTING: Not applicable, Council must take action on
the proposed Joint Use Agreement.
ACTION FOLLOWING AUTHORIZATION: Staff will finalize preparation and
execution of the Joint Use Agreement. Staff will work with the Old Adobe Union School
District to achieve an approved Master Plan and undertake the improvements.
Attachments: Draft Resolution
location map
Draft Joint Use Agreement
caadobe /winword/pt14
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APPROVING A JOINT USE AGREEMENT
BETWEEN OLD ADOBE UNION SCHOOL DISTRICT
AND THE CITY OF PETALUMA
FOR THE USE OF CITY PROPERTY
WHEREAS, the Old Adobe Union School District has developed a Joint Use Agreement
for the purpose of allowing joint use of City property located adjacent to real property
known as Sonoma Mountain Elementary School, located at 1900 Rainier Circle, Petaluma;
and
WHEREAS, the Joint Use Agreement has been reviewed and amended by the City; and,
WHEREAS, prior to execution the revised Joint Use Agreement must be approved by the
Old Adobe Union School District Board.
NOW, THEREFORE, BE IT RESOLVED that the City Council, relative to the approval
and execution of the Joint Use Agreement, finds as follows:
1. That the execution of the Joint Use Agreement is exempt from the
California Environmental Quality Act (CEQA), pursuant to Section 15316 (a);
and,
2. That the execution of the Joint Use Agreement is consistent with the
Petaluma General Plan and the Corona/Ely Specific Plan in that the approval of the
joint use agreement implements Policy 144 of the Corona/Ely Specific Plan
regarding the design of school sites being incorporated into the urban separator;
and,
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3. That the development of recreation facilities in conjunction with the
development of an elementary school by the Old Adobe Union School District
does not constitute creation of a park as described in Section 20.34 of the
Petaluma Municipal code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby
requested to finalize the preparation of the Joint Use Agreement in conjunction with the
Old Adobe Union School District; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor or City Manager is
authorized to execute said Joint Use Agreement on behalf of the City of Petaluma.
resoadob /winword/PT16
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SONOMA MOUNTAIN SCHOOL
URBAN SEPARATOR JOINT USE AREA
CITY JOINT USE CITY
URBAN URBAN
SEPARATOR AREA SEPARATOR
MAT ZEN RqN
Cy
c FAR S
SCHOOL I L
SITE
�F
RAINIER
'FTi I i i i i I F-�-,
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PT 010496 SOMTN.DWG
SCALE: I" = 200'
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When recorded return to:
Old Adobe Union School District
845 Crinella Drive
Petaluma, CA 94954
JOINT POWERS AGREEMENT
FOR DEVELOPMENT AND USE OF
CITY OWNED PROPERTY
This agreement is made and entered into this day of
1996,
14 by and between the City of Petaluma, a municipal corporation, hereafter referred to as
15 "City" and the "Old Adobe Union School District, hereinafter referred to as "District ".
16
17 RECITALS
18 A. District owns, maintains and controls school buildings and grounds upon a
19 certain parcel of real property known as Sonoma Mountain Elementary School, located at
20 1900 Rainier Circle, Petaluma, (hereinafter referred to as the "School Site "). Inneluded
21 Mthin the - SC- heoi— Site is a. � ° °„ pafeel be a«l.,Y... as
22 feereational . The School Site and open spaee afe is indicated on Exhibit A attached
23 hereto and incorporated by this reference.
24 B. City owns, maintains and controls certain real property adjacent to and
25 behind east of the School Site including a five acres epen-spaee of urban separator pareel
26 which adjoins the District's School Site open- spaee. The City's open spaee par-eel
27 hereafter- the City Site, is indieated en Exhibit A. The real property which is the subject of
28 this Agreement is a 5 acre portion of the City's urban separator parcel, hereafter the
29 "Field ", as desetibed set forth in the legal description, attached as in Exhibit Al and
30 illustrated in Exhibit A2, attached hereto and made part hereof by reference.
31 C. District and City desire to jointly develop and maintain
32 racrli ac playing - fields, - in a-a'gaa°Mandse utvu b v a°«d walking Y at uYe, the pr-epe�
33 Field for joint use and enjoyment. Tegethef the Seheel Site epen spaee and the City Site
34 epee spa shag hereafter- be ref-efred- te-as the Park. The beundaries of the park of
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1 indieated on Exhibit A. The pafk Field shall be made available for public use upon the
2 terms provided herein.
3 D. Distr-iet and City shall retain title r-espeetively te Seheel Site epen spaee
q and City Site epen spaee7 The City shall retain title to the Field.
5 E. It is in the public interest for the parties to agree to a joint exercise of
6 powers respecting the mutual development and maintenance of the recreational facilities
7 constituting the pafk Field pursuant to Government Code Section 6502 and 37361 and
8 Educational Code Section and 40040 et sea.
9 F It is recognized that Ryder Companies and Cherry Lane Associates, donors
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constructed by them shall occur, reference letter dated October 18, _1993, attached and
incorporated herein.
15 NOW, THEREFORE, the parties agree as follows:
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17 1. P FIELD DEVELOPMENT MASTER PLAN.
18 The District shall develop a written Master Plan for the installation and
19 development of recreational facilities upon the Puk Field, including but not limited to,
20 grading, installation and development of turfed playing fields, sprinkler systems
21 playgrounds or other recreational equipment, gardens, landscaping and a pathway or
22 walkway traversing the Ruk Field. The Master Plan shall be submitted to City for written
23 approval prior to the installation of f4eilifies upen the pfepel4y advertising the project for
24 bid.. The Master Plan shall be developed following consultation with City and shall
25 establish general time estimates for construction, costs for improvements and maintenance
26 and a description of such features as are to be installed and developed. District
27 understands and agrees it shall at its own expense obtain any and all necessary
28 governmental @V vats with respect to any of its obligations under this agreement. Said
29 Master Plan shall include provision of a physical demarcation of the real propegy which is
30 the subject of this Agreement.
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2 2. P FIELD DEVELOPMENT
3 District shall undertake installation and development of all recreational facilities at
4 the Par4 Field pursuant to the approved Master Plan. The parties agree to share the costs
5 of development and installation of facilities proportionately with the District providing 2/3
6 of such costs and City providing 1/3 of such costs. City shall pay its share of development
7 costs within 60 days of appreval ef the Mastef Plan completion of the Field
8 improvements. If in the event the District completes the Field improvements
9 incrementally, the ' , District
10 shall maintain the developed portion of the property at its cost until development has been
11 completed pursuant to the Master Plan.
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13 3. WATER WELL DEVELOPMENT.
14 If feasible and with the concurrence of both parties, the parties shall jointly develop
15 a water well on the Field site to be utilized in connection with watering and irrigation of
16 the Field Site and adjacent urban separator areas. If said well is developed and a meter
17 installed, the paFfies shall eaeh pay ene h District shall pay two - thirds and the City shall
18 pay one -third of the costs of ffiV well development, operation, maintenance or repairs
19 necessary for well development and operations.
20 If the well is developed on the Field site, ownership of the well shall remain with
21 the City and shall be available, at the will of the City, for emergenu purposes. Any excess
22 water, beyond that needed for providing water and irrigation of the Field site, shall be
23 available to the City.
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25 4. DISTRICT MAINTENANCE RESPONSIBILITIES.
26 a) The District shall maintain, repair and replace any recreational facilities
27 installed or developed upon the property pursuant to the approved Master Plan. All
28 services to repair or replace the developed recreational facilities which result in an upgrade
29 of equipment, materials or facilities shall first be approved, in writing, by City. In the
30 event there is no agreement, District shall conduct only those repair and replacement
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1. 1 services which maintain the status quo unless District agrees to pay the entire cost of
2 upgrade.
3 0 Except as otherwise provided, the District shall pay ene-h two- thirds of
4 the costs of maintaining, repairing or replacing any recreational facilities installed or
5 developed upon the property pursuant to the approved Master Plan and ene-h two -
6 thirds of the utilities, including water and electricity required in maintaining, repairing or
7 replacing said recreational facilities.
8 c) The District shall bill City annually for one- helfthird of the cost of
9 maintaining, repairing and replacing any and all recreational facilities installed or
10 developed upon the property and all related utilities including; but not limited to water and
11 electricity, pursuant to the approved Master Plan. In providing the annual billing, District
12 shall include an itemization of costs billed to the City.
13 d) Provide school lavate restroom facilities to City during the summer
14 peried months June through August as negotiated by both parties of this Agreement, and
15 at such time as City is conducting supervised recreational programs upon the Unite
16 Field.
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e f the et,,fge
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DISTvdCT'S OTHER
RESPDXSIBMITIEg-
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27 heur-s at stieh
times when seheel is net in sessien and the
Park Field site is net being used
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The nos +W„+ shall,
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21 ef said
ineluding btA
linked te water- and eleetfieky,
and shall
r-eer-ealienal f4eilkies,
net
22 bill City
halfthiEd
Ineluded with
sueh bill shall
anmally for ene
of the eest ef
said utilities,
23 be an it tie
e f the et,,fge
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upen the Park Site Reld-.
25 seeh time as City
is eendueting s-uper-vised r-eer-eafienal pr-egfafas
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27 heur-s at stieh
times when seheel is net in sessien and the
Park Field site is net being used
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2 65. CITY'S RESPONSIBILITIES.
3 The City shall:
4 a) Make the City Site Field available to District for installation and
5 development of recreational facilities at the Park Field Site pursuant to the approved
6 Master Plan;
7 b) pay to District one -third the costs of maintaining, repairing and
8 replacing any and all recreational facilities installed or developed upon the property
9 pursuant to the approved Master Plan. Payment shall be tendered within 30 days of
10 receipt of District's billing.
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12 -76. USE TIME AND RESPONSIBILITY.
13 Upon completion of some or all recreational facilities to be installed or developed
14 pursuant to the Master Plan, the parties shall have use of the Field as follows:
15 a) District shall have exclusive use and control of the prepefty Field at all
16 times when school is in session or during a District sponsored activity whether before or
17 after school hours with the exception of the bicycle /pedestrian path/walkway;
18 b) City shall use or schedule the use of the lurk Field pursuant to Paragraph
19 7.d below during daylight hours when school is not in session;
20 c) At such times when the Rar4 Field is not under the exclusive use of District
21 and when no use is scheduled by City, the recreational facilities shall be open and available
22 during daylight hours for use by the public, pursuant to the Civic Center Act;
23 d) City shall prepare an annual or semi - annual calendar in connection with its
24 scheduling and use of the Park' Field's playing fields and playgrounds during daylight
25 hours when District's school program is not in session. City will consult with District
26 during the preparation of such calendar, so that District may include, if applicable, District
27 activities, which will take place in the joint use areas outside of normal school hours.
28 After preparation, City shall send a copy of the annual or semi - annual calendar to District
29 to provide the maximum amount of advance notice to District in connection.with the use
30 of District's facilities by members of the public. Prior to allowing any organized use of the
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1 playing fields or playgrounds, City shall require the applicant to complete a copy of -an.
2 application and permit form, which is substantially in the same format a Exhibit
__-P
3 attached; provided, however, that the application and permit form will be expanded to
4 include an indemnification of District and its Board Members Officers, Agents, and
5 Employees. Upon receipt of an application and permit to use the joint use areas, or any
6 portion thereof, City will transit a copy of such application and permit to District for
7 inclusion in District's records;
8 e) Neither District nor City shall allow the use of any alcoholic beverages or
9 firearms on the PaA Field Site, the School Site r- the City or any property associated
to therewith;
11 fl Aside from the above, the parties may establish such rules and regulations
12 as they deem appropriate for the use of the Puk Field Site during the respective times
13 when the facilities are available to each of them.
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15 $7. TERM.
16 This Agreement shall commence on the date that the respective public bodies
17 approve of this Agreement and shall continue in full force until terminated or as long as
18 School Site is utilized as a school by the Old Adobe Union School District. In the event
19 that the District ceases to utilize the School Site as a school all improvements to Ci1y-
20 owned land shall belong to the City without reimbursement to the District. Either party
21 may terminate this Agreement by giving one year's written notice to the other of the intent
22 to terminate.
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24 98. SUCCESSORS AND ASSIGNS.
25 City and District each binds itself, its partners, successors, legal representatives
26 and assigns to the other party to this Agreement and to the partners, successors, legal
27 representatives and assigns of such other party in respect of all promises and agreements
28 contained herein.
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2 4-09. ENTIRE AGREEMENT.
3 This Agreement is the entire agreement between the parties.
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5 4710. MODIFICATION.
6 This Agreement shall not be modified except in writing executed by all parties.
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8 4-211. INDEPENDENT CONTRACTOR.
9 The parties hereto agree that City, its officers, agents and employees, in the
10 performance of this Agreement, shall act in an independent capacity and not as officers,
11 agents or employees of District and that District, its officers, agents and employees, in the
12 performance of this Agreement, shall act in an independent capacity and not as officers,
13 agents and employees of City.
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15 4-312. INDEMNIFICATION.
16 Both City and District agree to mutual indemnification. The parties agree to hold
17 each other harmless from all damages arising out of any harm or damage to person' or
18 property occurring upon or about the 1?efk Field excepting only damages resulting solely
19 from the intentional acts or omissions of either party, their agents or representatives.
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21 47413. NOTICES.
22 Except as otherwise specifically provided in this Agreement, any notice, submittal
23 or communication required or permitted to be served on a parry hereto, may be served by
24 ' personal delivery to the person or the office of the person identified below. Service may
25 also be made by mail, by placing the notice submittal or communication in an envelope,
26 with the proper first -class postage affixed thereto, and addressed as indicated below, and
27 depositing said envelope in the United States mail:
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1 to City: City of Petaluma
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6 to District: Old Adobe Union School District
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11 4314. INSURANCE.
12 Both District and City will insure their representative activities in conjunction with
13 the use of the Per4 Field, the playgrounds, play fields, and lavatory rooms either through a
14 self insurance program, a policy of insurance, or a combination of self insurance and a
15 policy of insurance. City and District with reject to said require insurance naming shall
16 name each of them as additional insured by endorsement in the event that the City or
17 District permit organized groups to use the joint use areas. City and District will jointly
18 agree on the amount of such insurance.
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20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
21 day and year first written above.
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23 CITY DISTRICT
24 City of Petaluma Old Adobe Union School District
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26 by: by:
27 Mayor Superintendent
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1 Approved as to Form
4 City Attorney
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Approved as to Form
District's Legal Counsel
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DEPARTMENT:
G�
Plannin
`d
9 6
AGENDA ITEM #
KEYWORD: Waugh School Dist.
Joint Use Agreement
DATE: 16 JAN 1996
REQUESTED COUNCIL ACTION: Adopt Resolution finding the approval and
execution of the Joint Use Agreement is:
A: 1) exempt from the California Environmental Quality Act (CEQA);
2) consistent with the Petaluma General Plan and the Corona /Ely Specific
Plan;
3) that the development of recreational facilities in conjunction with the
District does not constitute creation of a park as described in Section 20.34 of the
Petaluma Municipal Code; and
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20 B: authorizing the City Manager to finalize preparation of the joint use agreement
21 document and applicable attachments, and further authorizing the Mayor or City
22 Manager to execute the final Joint Use Agreement on behalf of the City (please
23 note that final exhibits including maps have not yet been received).
24
25
26 RECOMMENDATION: The draft Joint Use Agreement has been reviewed by Jim
27 Carr, Director of Parks and Recreation; Michael Acorne, Personnel/Risk Management
28 Director; Richard R. Rudnansky, City Attorney; Warren Salmons, Assistant City Manager;
29 John L. Scharer, City Manager and Pamela Tuft, Planning Director. The attached
30 Agreement has been amended, as reflected by over -strike (deletions) and underline
31 (additions) to reflect City staff recommendations.
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34 BACKGROUND:
35
36 Policy 144 and related text of the Corona -Ely Specific, Plan states, "School sites
37 incorporated into the Urban Separator (not including the Santa Rosa Junior College site)
38 shall be designed in conjunction with the development projects on the properties on
39 which the sites are designated. The intent of placing the school sites adjacent to the
40 separator is to allow the schools to place as much of their playground, playfield, and open
41 space areas in the separator as possible." Policy 145 states "School buildings and parking
42 shall not be located within the separator ".
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44 The Waugh School site was obtained from McBail Company, developer of the adjacent
45 Graystone residential project (see attached location map). The City has reviewed the
46 school site on several occasions, including: 1) Council review of the tentative map for
47 Graystone which included an access denial strip along the school site's Corona Road
48 frontage; 2) Planning Commission, on February 23, 1995, finding General Plan
49 consistency for the proposed new school site; and 3) by Planning, Engineering and Water
50 Departments in July of 1995 regarding preliminary site design.
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am
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ALTERNATIVES:
1. Adopt Resolution as requested by the School District and recommended by City
staff.
2. Adopt Resolution, directing staff to incorporate specific revisions to the Joint Use
Agreement.
3. Decline to adopt Resolution approving Joint Use Agreement.
CONSEQUENCES OF NOT ACTING: Not applicable, Council must take action on
the proposed Joint Use Agreement.
ACTION FOLLOWING AUTHORIZATION: Staff will finalize preparation and
execution of the Joint Use Agreement. Staff will work with the Waugh School District to
achieve an approved Master Plan and undertake the improvements.
Attachments: Draft Resolution
location map
Draft Joint Use Agreement
cawaugh Uw inword/pt 16
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APPROVING A JOINT USE AGREEMENT
BETWEEN WAUGH SCHOOL DISTRICT
AND THE CITY OF PETALUMA
FOR THE USE OF CITY PROPERTY
WHEREAS, the Waugh School District has developed a Joint Use Agreement for the
purpose of allowing joint use of City property located adjacent to real property known as
Corona Creek Elementary School, located at 1851 Hartman Lane, Petaluma; and
WHEREAS, the Joint Use Agreement has been reviewed and amended by the City; and,
WHEREAS, prior to execution the revised Joint Use Agreement must be approved by the
Waugh School District Board.
NOW, THEREFORE, BE IT RESOLVED that the City Council, relative to the approval
and execution of the Joint Use Agreement, finds as follows:
1. That the execution of the Joint Use Agreement is exempt from the
California Environmental Quality Act (CEQA), pursuant to Section 15316 (a);
and,
2. That the execution of the Joint Use Agreement is consistent with the
Petaluma General Plan and the Corona/Ely Specific Plan in that the approval of the
joint use agreement implements Policy 144 of the Corona/Ely Specific Plan
regarding the design of school sites being incorporated into the urban separator;
and,
3. That the development of recreation facilities in conjunction with the
development of an elementary school by the Waugh School District does not
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constitute creation of a park as described in Section 20.34 of the Petaluma
Municipal code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby
requested to finalize the preparation of the Joint Use Agreement in conjunction with the
Waugh School District; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor or City Manager is
authorized to execute said Joint Use Agreement on behalf of the City of Petaluma.
resowaugMinword(PT16
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WAUGH SCHOOL
URBAN SEPARATOR JOINT USE AREA
URBAN SEPARATOR
JOINT USE AREA
5.7 ACRES
RIESLING ROAD
I�
Q SCHOOL y
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ol
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U D�
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ELY ROAD
I F1--F-T77
Q el
SCALE: 1" = 200'
I When recorded return to:
2 Waugh School District
3 880 Maria Drive
4 Petaluma, CA 94954
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6
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8 JOINT POWERS AGREEMENT
9 FOR DEVELOPMENT AND USE OF
10 CITY OWNED PROPERTY
11
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13 This agreement is made and entered into this day of , 1996,
14 by and between the City of Petaluma, a municipal corporation, hereafter referred to as
15 "City" and the `Waugh School District, hereinafter referred to as "District ".
16
17 RECITALS
18 A. District owns, maintains and controls school buildings and grounds upon a
19 certain parcel of real property known as Corona Creek Elementary School, located at
20 1851 Hartman Lane, Petaluma, (hereinafter referred to as the "School Site ").
21 B. City owns, maintains and controls certain real property adjacent to and
22 northeast of the School Site including a 22.31 acre epen spane urban separator parcel
23 which adjoins the District's School Site. The real property which is the subject of this
24 Agreement is a 5.7 acre portion of the City's epee spae-e urban separator parcel, hereafter
25 the "Field ", as described in Exhibit A, attached hereto and made part hereof by reference.
26 C. District and City desire to jointly develop and maintain the Field for joint
27 use and enjoyment. The Field shall be made available for public use upon the terms
28 provided herein.
29 D.- The City shall retain title to the Field.
30 E. It is in the public interest for the parties to agree to a joint exercise of
31 powers respecting the mutual development and maintenance of the Field pursuant to
32 Government Code Section 6502 and 37361 and Educational Code Section 40040 et sea.
33 F. It is recognized that the McBail Company, donor of the School Site to the
34 Waugh School District, has agreed, in writing, that no future claims for reimbursement of
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I costs for said land and /or improvements constructed by them shall occur, reference letter
2 dated attached and incorporated herein.
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4 NOW, THEREFORE, the parties agree as follows:
5
6 1. FIELD DEVELOPMENT MASTER PLAN.
7 The District shall develop a written Master Plan for the installation and
8 development of recreational facilities upon the Field, including but not limited to, grading,
9 installation and development of turfed playing fields with sprinkler systems. The Master
10 Plan shall be developed following consultation with City and shall establish general time
11 estimates for construction, costs for improvements and maintenance and a description of
12 such features as are to be installed and developed. The Master Plan shall be submitted to
13 City for written approval prior to the + " t f r ilk es upen the ° et4y advertising
14 the project for bid. District understands and agrees it shall at its own expense, obtain anv
15 and all necessary governmental approvals with respect to anv of its obligations under this
16 agreement Said Master Plan shall include provision of a physical demarcation of the real
17 property which is the subject of this Agreement.
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19 2. FIELD DEVELOPMENT
20 District shall undertake installation and development of all recreational facilities at
21 the Field pursuant to the approved Master Plan. The parties agree to share the costs of
22 development and installation of facilities proportionately with the District providing 2/3 of
23 such costs and City providing 1/3 of such costs. City shall pay its share of development
24 costs within 60 days of completion of the Field improvements. During the installation and
25 development of the Field facilities, District shall maintain the developing_ portion of the
26 property at its cost until development has been completed pursuant to the Master Plan.
27
28 3. WATER WELL DEVELOPMENT.
29 If feasible and with the concurrent of both parties, the parties shall jointly develop
3o a water well on the Field site to be utilized in connection with watering and irrigation of
2
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I the Field Site and the adjacent urban separator areas. If said well is developed and a meter
2 installed, the parties shal' eaeh pay one ha 'District shall pay two- thirds and the City shall
3 pay one -third of the costs of any well development, maintenance or repairs necessary for
4 well development and operations.
5 If the well is developed on the Field site, ownership of the well shall remain with
6 the City and shall be available, at the will of the City, for emergency purposes, Any excess
7 water, beyond that needed for providing water and irrigation of the Field site shall be
s available to the City. If the existing well on the School site is utilized, ownership of the
9 well shall remain with the District.
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11 4. DISTRICT MAINTENANCE RESPONSIBILITIES.
12 a) The District shall maintain, repair and replace any recreational facilities
13 installed or developed upon the property pursuant to the approved Master Plan. All
14 services to repair or replace the developed recreational facilities which result in an upgrade
15 of equipment, materials or facilities shall first be approved, in writing, by City. In the
16 event there is no agreement, District shall conduct only those repair and replacement
17 services which maintain the status quo unless District agrees to pay the entire cost of
18 upgrade.
19 Except as otherwise provided, the District shall pay ene hal f two- thirds of
20 the costs of maintaining, repairing or replacing any recreational facilities installed or
21 developed upon the property pursuant to the approved Master Plan and ene -h al€ two -
22 thirds of the utilities, including water and electricity required in maintaining, repairing or
23 replacing said recreational facilities.
24 c) The District shall bill City annually for one4iallthird of the cost of
25 maintaining, repairing and replacing any and all recreational facilities installed or
26 developed upon the property and all related utilities, including but not limited to water and
27 electricitv, pursuant to the approved Master Plan. In providing the annual billing, District
28 shall include an itemization of costs billed to the City.
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1 d) Provide access to aid recreational facilities to the public during daylight
2 hours at such times when school is not in session and the Field site is not being used for
3 District sponsored activities.
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6 5. DISTRICT'S OTHER RESPONSIBILITMS.
7 The 7l•Ariet shall:
g a) al. ufi4fies neeessar-y for- the makAen
9 ef said Field,
10 for- ene hal#Wfd ef the eest ef said tAilifies. Ineluded with sueh bH! shall be an itefr�zatien
11 of the ,.har-no�
12
13 heurs at sueh tknes when seheel is net in sessien and the Field site is net being use
14 Distfiet spensefed aetivifies.
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16 65. CITY'S RESPONSIBILITIES.
17 The City shall:
18 a) Make the Field available to District for installation and development of
19 recreational facilities at the Field Site pursuant to the approved Master Plan;
20 b) pay to District one- halfthird the costs of maintaining, repairing and
21 replacing any and all recreational facilities installed or developed upon the property
22 pursuant to the approved Master Plan. Payment shall be tendered within 30 days of
23 receipt of District's billing.
24
25 -76. USE TIME AND RESPONSIBILITY.
26 Upon completion of some or all of the Field to be installed or developed pursuant
27 to the Master Plan, the parties shall have use of the Field as follows:
28 a) District shall have exclusive use and control of the property at all times
29 when school is in session or during a District sponsored activity whether before or after
30 school hours;
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I b) City shall use or schedule the use of the Field pursuant to Paragraph 7.d
2 below during daylight hours when school is not in session;
3 c) At such times when the Field is not under the exclusive use of District and
4 when no use is scheduled by City, the recreational facilities shall be open and available
5 during daylight hours for use by the public, pursuant to the Civic Center Act;
6 d) City shall prepare an annual or semi - annual calendar in connection with its
7 scheduling and use of the Field's playing fields and playgrounds during daylight hours
8 when District's school program is not in session. City will consult with District during the
9 preparation of such calendar, so that District may include, if applicable, District activities,
10 which will take place in the joint use areas outside of normal school hours. After
11 preparation, City shall send a copy of the annual or semi -annual calendar to District to
12 provide the maximum amount of advance notice to District in connection with the use of
13 District's facilities by members of the public. Prior to allowing any organized use of the
14 playing fields, City shall require the applicant to complete a copy of an application and
15 permit form, which is substantially in the same format as Exhibit B attached; provided,
16 however, that the application and permit form will be expanded to include an
17 indemnification of District and its Board Members Officers, Agents, and Employees.
18 Upon receipt of an application and permit to use the joint use areas, or any portion
19 thereof, City will transit a copy of such application and permit to District for inclusion in
20 District's records;
21 e) Neither District nor City shall allow the use of any alcoholic beverages or
22 firearms on the Field Site, the School Site or any property associated therewith;
23 f) Aside from the above, the parties may establish such rules and regulations
24 as they deem appropriate for the use of the Field Site during the respective times when the
25 facilities are available to each of them.
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27 97. TERM.
28 This Agreement shall commence on the date that the respective public bodies
29 approve of this Agreement and shall continue in full force as long as School Site is utilized
30 as a school in by the Waugh School District. In the event that the District ceases to utilize
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1 the School Site as a school all improvements to City -owned land shall belong to the City
2 without reimbursement to the District.
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4 98. SUCCESSORS AND ASSIGNS.
5 City and District each binds itself, its partners, successors, legal representatives
6 and assigns to the other party to this Agreement and to the partners, successors, legal
7 representatives and assigns of such other party in respect of all promises and agreements
8 contained herein.
9
10 499. ENTIRE AGREEMENT.
11 This Agreement is the entire agreement between the parties.
12
13 4710. MODIFICATION.
14 This Agreement shall not be modified except in writing executed by all parties.
15
16 4211. INDEPENDENT CONTRACTOR.
17 The parties hereto agree that City, its officers, agents and employees, in the
18 performance of this Agreement, shall act in an independent capacity and not as officers,
19 agents or employees of District and that District, its officers, agents and employees, in the
20 performance of this Agreement, shall act in an independent capacity and not as officers,
21 agents and employees of City.
22
23 4412. INDEMNIFICATION.
24 District shall indemnify, hold harmless, and defend City and all of its officers,
25 agents and employees from and against all claims, damages, losses and expeneses,
26 including reasonable costs and attorneys' fees, arising out of or resulting from City's sole
27 negligence in the performance of this Agreement.
28 City shall indemnify, hold harmless, and defend District and all of its officers,
29 agents and employees from and against all claims, damages,' losses and expenses, including
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reasonable costs and attorneys' fees, arising out of or resulting from City's sole negligence
in the performance of this Agreement.
47413. NOTICES.
Except as otherwise specifically provided in this Agreement, any notice, submittal
or communication required or permitted to be served on a party hereto, may be served by
personal delivery to the person or the office of the person identified below. Service may
also be made by mail, by placing the notice submittal or communication in an envelope,
with the proper first -class postage affixed thereto, and addressed as indicated below, and
depositing said envelope in the United States mail:
to City: City of Petaluma
to District: Waugh School District
4-514. INSURANCE.
Both District and City will insure their representative activities in conjunction with
the use of the Field, either through a self insurance program, a policy of insurance, or a
combination of self insurance and a policy of insurance. City and District with respect to
said fe"ife insurance nawAng shall name each of them as additional insured by
endorsement in the event that the City or District permit organized groups to use the joint
use areas. City and District will jointly agree on the amount of such insurance.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written above.
CITY
City of Petaluma
by:
Mayor
Approved as to Form
City Attorney
DISTRICT
Waugh School District
by:
Superintendent
Approved as to Form
District's Legal Counsel
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waugagnrt.doe/winword/PT16