TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Mark Leyman, Parks and Recreation Director
Melissa McCollum, Senior Recreation Manager
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consideration of Resolutions Approving an Amended and Restated Agreement with the Manhattan Beach Unified School District Regarding Use and Maintenance of School District Fields and Facilities and an Agreement with the Manhattan Beach Unified School District for the Provision, Use and Maintenance of the Lower Playground Area in Polliwog Park (Parks and Recreation Director Leyman).
ADOPT RESOLUTION NOS. 23-0083 AND 23-0084
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. 23-0083 approving the amended and restated agreement with the Manhattan Beach Unified School District (i.e. MBUSD/District) regarding public use of School District fields and facilities.
2. Adopt Resolution No. 23-0084 approving the agreement with the Manhattan Beach Unified School District for the Provision, Use and Maintenance of the Lower Playground Area in Polliwog Park.
Both recommended actions are contingent on the District approving both agreements and execution of the deed restriction referenced below.
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FISCAL IMPLICATIONS:
The current agreement between the City and the District for use and maintenance of District fields and facilities expires in June 2024 and would provide for City costs of $895,000 for Fiscal Year (FY) 2023-2024. Should the City Council approve the amended and restated agreement, the term of the agreement will extend until June 2033 and set monthly payments at $74,583.33 in Fiscal Year (FY) 2023-2024, for a year-end total of approximately $895,000. Monthly payments thereafter will be adjusted annually by the Consumer Price Index (CPI), with a maximum allowable increase of $40,000 each year, up from the current agreement’s $25,000 cap. Sufficient funds exist in the FY 2023-2024 Operating Budget, and future years will be budgeted accordingly.
In order to secure additional grant funding for the Polliwog Park Playground Replacement Project, an additional agreement has been submitted for City Council approval, which carves out the Lower Playground Area in Polliwog Park from the Master Agreement. The project has previously secured $750,000 in grant funds from the County. If approved, the City would be eligible for an additional $199,955 in Prop 68 grant funds from the State for the project, bringing the total grant funding from the State and County to $949,955.
BACKGROUND:
In 2013, the City and MBUSD established a Master Agreement to provide valuable open space for the community, including Polliwog Park. The agreement included fourteen facilities with approximately 23 acres of open space including: fields, pools, and outdoor tennis and basketball court space for the City to schedule for the community.
At the May 21, 2013 City Council meeting, City Council approved a Master Agreement with the School District for a three-year term. In May 2016, the City and School District entered into the First Amendment to extend the term of the Master Agreement for one year. In June 2017, the City and School District entered into the Second Amendment to further extend the term of the Master Agreement for one year. In June 2018, the City and School District entered into the Third Amendment to further extend the term of the Master Agreement for five years. The agreement is scheduled to expire in June 2024.
DISCUSSION:
In advance of the Master Agreement’s expiration, the City and MBUSD have negotiated an Amended and Restated Agreement. The changes to the terms and provisions of the Master Agreement are summarized below by topic.
1. Term of Agreement
• City and District agreed to 10-year agreement term that expires on June 30, 2033.
2. Annual Payment of Agreement and Annual Adjustment
• City and District agree to maintain expected compensation for FY 2023-2024, which was scheduled to amount to $895,000. However, the annual CPI adjustment cap was revised from $25,000 to $40,000 in recognition of higher than usual CPI factors.
3. Mira Costa High School Pool
• City and District agreed to revise pool operations to be under District’s purview and memorialize City use of pool for 1.5 hours on Mondays and 1.5 hours on Wednesdays for the City’s Dolphin Swim Team.
4. West Field
• City and District agreed to exclude West Field (i.e. Meadows Field) from the Agreement.
5. MCHS Small Gym (i.e. Pavilion)
• City and District agreed to memorialize use of the Mira Costa High School Small Gym (i.e. Pavilion) for the Summer Sunset Basketball League and general community time.
6. General Field Usage
• City and District agreed to specify hours of access to fields/courts at 3:45 PM to ensure timely programming and to ensure eight consecutive weeks of field rehab in summer months.
7. Class Room Space
• City and District agreed to allow use of City Summer Camp programming for one site, two classrooms for 20-30 kids each, and access from 8 AM - 4:30 PM for eight weeks.
8. Scheduling and Noticing
• City and District agreed to 45-day noticing provision for use of fields during City allotted time.
9. Capital Improvement Program (CIP) Funding
• City and District agreed to current language in the agreement that specifies District will request CIP funding for a District project in November for consideration of the following year’s CIP. Additionally, since no funding is currently programed in the CIP for FY 2023-2024, City and District agreed to a carve out provision in the new agreement (for first year only) to express consideration of District’s CIP allocation request for FY 2023-2024.
10. Communications
• City and District agreed to specify communications between City and District with the goal of developing communications protocols and requirements between the two organizations to facilitate better coordination of joint efforts.
11. Permits for City Employees Children to Attend MBUSD
• City and District agreed to revise language to ensure providing and continuing issuance of permits to children of City employees in conformance with the Board’s policies.
12. Good Faith Negotiations
• City and District agreed to recognize good faith discussions regarding capital improvement project proposals including but not limited to: Maintenance and Operations District Facility, the Library Pavilion Project, District fields, the Polliwog Park Playground Replacement Project, and Begg Pool.
In addition to the Amended and Restated Agreement, the City and District have prepared an agreement for the provision, use and maintenance of the Lower Playground Area in Polliwog Park to enable the City to receive grant funds for the Equipment Replacement Project. The key provision of this agreement is a 30-year term, with six five-year renewal options, that is required as a condition of grant funding for the Lower Playground Equipment Replacement Project in the amount of $949,955. In addition, the County is requiring that a deed restriction be recorded against the property to provide legal notice that the Lower Playground Area is restricted to public use for 30 years, and any extensions of the agreement.
CONCLUSION:
Staff recommends that the City Council:
1. Adopt Resolution No. 23-0083 approving the amended and restated agreement with the Manhattan Beach Unified School District (MBUSD) regarding public use of School District fields and facilities.
2. Adopt Resolution No. 23-0084 approving the agreement with the Manhattan Beach Unified School District for the provision, use and maintenance of the Lower Playground Area in Polliwog Park.
LEGAL REVIEW:
The City Attorney has approved as to form the agreements.
ATTACHMENTS:
1. Resolution No. 23-0083
2. Resolution No. 23-0084
3. Amended and Restated Agreement - MBUSD
4. Lower Playground Area in Polliwog Park Agreement - MBUSD
5. Master Agreement & Amendment Nos. 1-3 - MBUSD (2013)
6. Amended and Restated Agreement - MBUSD (Tracked Changes Version)