HomeMy WebLinkAboutAgenda Packet - PR - 2014.12.18BURLINGAME PARKS & RECREATION COMMISSION
Regular Meeting Agenda
7:00pm, Thursday, December 18, 2014
Burlingame Recreation Center, 850 Burlingame Ave, Burlingame
1. Welcome of new Commissioners and new Chairperson
2. Roll Call
Martin, Baird, Colson, Baum, Dito, Lewis, Schissler
3. Approval of Minutes
Approve the minutes of the November 20, 2014 regular meeting
4. Public Comments
Members of the public may speak about any item not on the agenda. The Ralph M. Brown Act
(the State and local agency open meeting law) prohibits the Commission from acting on any
matter that is not on the agenda. Speakers are asked to fill out a `request to speak' card located
on the table by the door and hand it to staff, although provision of a name, address or other
identifying infomation is optional. The Chairperson may limit speakers to three minutes each,
5. Old Business
A. Parks & Recreation Department Mission Statement Update
6. New Business
A. Aquatic Facility Update
7. Reports / Hand -Outs
A. Parks & Recreation Department Reports
1. Monthly Report
a. Foundation Update
B. Correspondence
C. Commissioners Reports
8. Future Agenda Items
9. Adjournment
Next Meeting
Thursday, January 15, 2015
NOTICE: Any attendees wishing accommodations for disabilities should contact the Parks & Recreation Dept, at
(650) 558-7323 at least 24 hours before the meeting. A copy ofthe agenda packet is available far review at the
Recreation Center, 850 Burlingame Avenue, during normal office hours. The agendas and minutes are also
available on the City's website: wwmburlin ag me.org.
AGENDA. 12/18/14pmted 12/12/14
a
STAFF REPORT
2013-
To: Parks and Recreation Commission
Date: December 18, 2014
From: Margaret Glomstad, Parks and Recreation Director
Subject: Aquatics Center Update
Staff recommends Commission review the staff report.
BACKGROUND
In 1997, the City of Burlingame (City) and the San Mateo Union High School District (District)
signed an agreement to jointly fund the construction of a 25-yard pool at the Burlingame High
School (BHS). At the time, BHS was without a pool and did not have the resource to construct
a new pool. The City agreed to assist financially. The agreement, which was for a 25-year
term, also touched on maintenance of the facility and scheduling and included a formula to split
the cost of operations 65% City, 35% District, with a 5% overhead charged for all billings. This
formula was based on estimated usage by each entity.
In 1999, the City and the District amended the agreement because a private donor had agreed
to provide funding for a larger pool (25 yards by 50 meters) than originally contemplated. (All of
the other District pools are significantly smaller, with most pools offering a total of eight lanes,
and one offering just six lanes). When the City and the District signed the 1999 amendment, the
District and the San Francisco Foundation, which was representing the private donor, entered
into an agreement for the pool. The letter from the San Francisco Foundation to the District's
Superintendent notes, "of particular importance to the family were the commitments of the
District and the City that maximum use of the Pool Facility would be obtained by providing
simultaneous high school and community user access, whenever possible:'
Ultimately, the City and the donor contributed almost 90% of the funds to build the facility:
City: $1,166,695
Donor: $1,210,000
District: $ 300,000
The original agreement called for a 65/35 split (with a 5% overhead charge), with the City
paying the larger share of the operating expenses. The original agreement contains the
following language regarding capital expenditures, which the agreement terms extra work: "It is
agreed that extra work falls outside the normal scope of this contract. CITY and DISTRICT
must meet in good faith and negotiate how such extra work is to be performed and how any
Aquatics Center Update December 18, 2014
costs caused by such extra work shall be apportioned by the two parties." Traditionally, the City
and the District have split capital expenses on a 50-50 basis.
The 2013-2014 annual cost to operate the Aquatic Center is approximately $305,000 (this does
not include programming staffing costs). The operating expenses include: PG&E, a service
contract with a pool maintenance company, pool chemicals, all District work orders pertaining to
the Aquatic Center, chemical testing by District staff, cleaning of the facility, water/sewer. Most
of these expenses remain whether the pool is a well -used facility or a facility that is closed for
several months at a time.
BAC
The Burlingame Aquatic Club (BAC) is a non-profit organization that manages the aquatic
programs at the Burlingame High School (with the exception of the High School's own
programs) on behalf of the City of Burlingame and under the City's direct control. Under the
agreement for community programming which was first signed by the City and the BAC in 2011
and later amended in 2014, the BAC provides the aquatic programs in return for a City subsidy.
The annual subsidy is approximately $110,000 per year. This subsidy, combined with the
income BAC receives from its programming (competitive adult and youth swim and water polo
teams, lap swims, and a variety of classes) fund the City's share of the annual operating
expenses.
DISCUSSION
At the current time, the City and the District disagree on a couple of matters, the first being how
to split the operating expenses. The operations expenses, per the agreement, have been split
according to how much time it was anticipated the City/BAC and the District would be using the
facility. The City and District have calculated the number of hours used in 2013-2014. See
Exhibit A for differences in calculations.
The second disagreement is the usage of pool space. The City/BAC and the District have been
engaged in discussions regarding the use of the pool by the High School's swim teams in the
spring and its water polo teams in the fall. The District has asked to greatly expand its practice
times between 3:30 and 6:30pm in the spring and 7:30pm in the fall. Although the City and the
District recently reached agreement regarding the spring season, the discussions surrounding
the fall season have failed to date. As of Monday, December 8, Liz McManus the District Deputy
Superintendent informed City staff through email that for Fall water polo the District will be using
the pool Monday through Friday 6:00am to 8:00am with 50% usage (deep end) of the pool and
Monday through Friday 3:00pm to 5:00pm entire facility including baby pool.
The time the District is asking for will greatly impact and even cancel some of the City/BAC
evening programs. The swimming pool is a 50 meter by 25 yard pool, with 20 lanes. With the
exception of the San Mateo High School pool, which has six lanes, the District's other high
school pools have eight lanes. Given the large size of the pool, the City believes there is
adequate space to allow for both City and District programming to coexist. The City has
requested that the District coaches and the BAC staff, with the City's assistance, collaborate to
determine the best practice schedule. Unfortunately, the City has been denied access to the
coaches and even the athletic director of Burlingame High School to discuss the best way to
utilize the pool for the benefit of the high school teams and the community. The City and BAC
are not trying to take away competition time from any of the high school programs.
The third disagreement is in regards to the payment for the replacement heaters for the large
pool. The total pool heaters bill was $142,537.41. The City paid the $30,000 approved by the
City Council when it voted on this matter in December 2012. Even though the agreement
2
Aquatics Center Update December 18, 2014
between the City and the District does not speak to capital expenses, the longstanding past
practice has been to split the capital expenses 50%/50%, rather than 65%/35%, since capital
items are a District asset and remain with the facility; they are not a City asset. The Council
voted to pay 30% of the cost of the heaters, rather than the traditional 50%, because this is the
fourth set of heaters installed since the pool opened in June 2000. The City has had significant
concerns about the maintenance of this equipment, which should last at least 15 years.
The City and the District have been engaged in ongoing discussions regarding the pool for more
than two years. These discussions have taken place at the staff level, and between a
subcommittee of the City Council and a subcommittee of the District. Although the original
intent of the discussions was to negotiate a new agreement for the pool, the negotiations have
broken down.
In June 2014, the District decided to unilaterally begin charging the City for 91% of all
operations expenses, plus a 5% overhead. The City never agreed to this new split in expenses
and has continued to pay its 65% share.
The District is now threatening to sue the City if it does not pay this increased amount, even
though the City is not in breach of the agreement between the City and the District.
EXHIBITS
A. Detailed Difference between SMUHSD and City Analysis of Pool Usage
B. City/District Agreement
95
Exhibit A
Difference between SMUHSD and City analysis of Pool Usage
1. City divided time by lane usage of requested/scheduled time.
This method allows for the use of time in the pool to be fairly distributed based on reserved time and
the amount of needed pool space for the City and the District. This method shows a clear picture of
how much usage each agency is taking.
District divided time based on actual time used in water and the space was divided 50/50 regardless
of how many lanes were used by the City or the District (ex. City 4 lanes/District 16 lanes was
allocated at 50/50 use). Their method classified space as Exclusive use, Shared use or Unused time.
This method does not equitably share the actual pool usage because it is a general picture of who is
using the pool without fairly allocating reserved/used time to each agency. This method also fails to
include the times that the District has some or all of the pool reserved, but does not use it. When the
District reserves lanes in the pool, BAC is unable to program those lanes.
2. The City allocated the requested 2 hours 3 times a week of chemical drops and maintenance to the
District time (2 hours, 3 days a week = 6 hours per week).
The City will correct its allocation of chemical drop and maintenance time to coincide with the
District's practice.
The District allocated 100% chemical drops and maintenance to Unused time (1.5 hours two days a
week=3 hours per week).
The flaw in allocating this time to Unused time is due to the methodology the District used to allocate
Unused time. See below.
3. The City put the 2 week maintenance pool closure in January 2014 to 25% City / 75% District.
The City evaluated the work that was completed during the pool closure and determined that the
actual work completed needed a week of closure. Since the City isn't permitted the responsibilityfor
maintenance, it is unreasonable for the City to bear the burden of the cost if the District chooses to
take more time than needed to complete basic maintenance tasks.
The District included 100% of the 2 week closure in the Unused time category.
The District has requested this time for maintenance regardless of how much time is actually needed
for repairs. The flaw in allocating this time to Unused time is due to the methodology the District
used to allocate Unused time. See below.
4. The City splits the unused time 50%/50%
If the City did not have programs operating in the pool, the District would shoulder 100% of the
burden of all unused time costs. The City's usage of the pool has allowed the District a significant cost
savings by sharing the unused time 50150. Moreover, during the unused time, both agencies have
equal ability to schedule pool use, so the unused time should be split evenly.
The District splits the unused time based on their methodology's usage ratio.
The City disputes the District's methodology. Theirfinal usage ratio was 69111, with an additional
20% Unused time. The 20% was divided on a 69111 split which disproportionally allocates Unused
time.
fthibit .6
RESOLUTION NO. - 75-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AGREEMENT FOR DEVELOPMENT, MAINTENANCE, OPERATIONS
AND USE OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER BETWEEN THE
CITY OF BURLINGAME AND
THE SAN MATEO UNION HIGH SCHOOL DISTRICT
AND AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City and the San Mateo Union High School District have successfully
worked cooperatively on a wide variety of community projects and programs; and
WHEREAS, the swim pool at Burlingame high School is in need of renovation; and
WHEREAS, by sharing in the reconstruction and operation of the swim pool, an aquatic
facility can be created that would enhance the entire community wlvle ensuring strong school use,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the Agreement in the general
form and substance attached hereto as Exhibit A by and on behalf of the City, subject to approval of
the City Attorney as to form.
2. The Clerk is directed to attest to the signature of the City Manager.
MAYOR
I, 7UDTIHA. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 15th day of
SEPTEMBER 1997, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, JANNEY, O'MAHONY, SPINELLI
NOES: COUNCMMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE' ABSTAINING: COUNCILMEMBER KNIGHT ~ —"12z 61111
CITY CLERK
AGREEMENT FOR DEVELOPMENT, ELOP1W8ENT, MAINTENANCE,
OPERATIONS AND USE OF THE BURLINGAME HIGH
SCHOOL AQUATIC CENTER
r
NOVEMBER 199 1997
AGREEMENT FOR DEVELOPMENT, MAINTENANCE, OPERATIONS AND USE
OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER
THIS AGREEMENT, made and entered into this 19 / day of (/PV MFitA!, 1997,
by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to
as "CITY" and the San Mateo Union High School District of San Mateo County, hereinafter
referred to as "DISTRICT," the owner of the Burlingame High School swim pool; locker rooms,
and mechanical systems, hereinafter referred to as "CENTER," appurtenant facilities, and
remainder of the Burlingame High School property, hereinafter known collectively as
"CAMPUS").
WITNESSETH
WHEREAS, Section 10900, et seq. of the California Education Code authorizes public
authorities (e.g., cities and school districts) to organize, promote and conduct programs of
community recreation, establish systems of playgrounds and recreation and acquire, construct,
improve, maintain and operate recreation centers within or without the territorial limits of such
public authorities; and
WHEREAS, Section 10905 of the California Edification Code authorizes public authorities
to enter into agreements with each other for the maintenance of recreation centers; and
WHEREAS, Section 10910 of the California Education Code provides that the governing
body of any school district may use or grant the use bf any grounds of the school district to any
other priblic authority for the organizing, promoting and conducting of community recreation
whenever such use will not interfere with the use of those facilities for any other purpose of the
public school system; and
WHEREAS, the parties intend to jointly fund the initial construction and ongoing repair,
unprovements and operations as required, to keep the CENTER operating at maximum efficiency
and in conformance with all applicable State, County and DISTRICT laws, rules, regulations
and policies, for the period of time outlined in Item 3.c.15, Term of this agreement; and
WHEREAS, the DISTRICT and the CITY intend to coordinate all CENTER scheduling
and processing use applications for community and other groups activities;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Scope of Planning and Construction Work
Commencing on September 1, 1997, or thereafter as practicable, the DISTRICT will
contract with a recognized swim pool architectural design firm that is acceptable to the CITY
to create construction plans and specifications for the CENTER, based on the master plan dated
June 30, 1997, submitted by Aquatic Design Group, Inc. and approved in concept by the San
Mateo Union High School District Board of Trustees (TRUSTEES) and the Burlingame City
Council (COUNCILI (Exhibit "A"). The DISTRICT will be solely responsible for the
contracting and supervision of the preparation of all construction plans and specifications for the
CENTER. DISTRICT shall submit all plans and specifications to the CITY for review and
approval before final acceptance of the plans and specifications by the DISTRICT. CITY
approval shall not be unreasonably withheld.
Agreement: Burlingame High School Aquatic Center Page 2
Upon the completion and approval of plans and specifications by the Office of Regulatory
Services, Division of the State Architect, the DISTRICT shall use its usual and customary
bidding procedures to award the contract for construction of the CENTER. The DISTRICT will
be solely responsible for the supervision of all construction and the final acceptance of the
CENTER. However, before approving any change order in excess of $5,000 and before making
any substantive changes in the plans and specifications during construction, DISTRICT will
notify CITY and allow at least five (5) days for review, unless such change is required to correct
an emergency situation. The DISTRICT shall keep the CITY advised on a regular basis of the
progress of the CENTER construction. No later than February 27, 1998, DISTRICT and CITY
will jointly decide on an opening date for the CENTER, based on progress of the construction.
2. Funding of the CENTER
Not later than September 30, 1997, the DISTRICT shall establish a Burlingame High
School Aquadc Center Project Account, hereinafter referred to as "PROJECT ACCOUNT," in
a Building Fund to account for the CENTER construction described. DISTRICT shall transfer
an amount not to exceed $300,000 from the General Unrestricted Fund to the PROJECT
ACCOUNT and the CITY shall deposit $1,000,000 to the PROJECT ACCOUNT in
consideration for this AGREEMENT. Any unexpended balance in the PROJECT ACCOUNT
at the completion of the CENTER shall be maintained by the DISTRICT as funds for
improvements, maintenance and operations directly related to the CENTER. DISTRICT shall
provide an annual report in September following the close of the fiscal year to the COUNCIL
and the BOARD of the prior year revenue and expenditures, current fiscal year budget and the
balance of moneys currently available in the PROJECT ACCOUNT until such time as this
AGREEMENT is terminated. The PROJECT ACCOUNT will be reimbursed by the DISTRICT
and the CITY as outlined in ITEM 3.b and 3.c. In the event the CENTER exceeds the funds
available, the parties of the AGREEMENT shall meet and attempt to agree on apportionment
of funding to complete the CENTER.
Responsibility for the CENTER
3.a. Prior to Opening of CENTER
Throughout preparation of plans and specifications and construction of the
CENTER, the DISTRICT shall be. solely responsible for the safety, security, maintenance
and operations of the CENTER and CAMPUS.
3.b Maintenance and Operations of Completed CENTER
The DISTRICT shall maintain the CENTER and CAMPUS, including turf,
grounds, landscaped areas, buildings, parking lots, fences, sidewalks, and trees and shall
continuously remove garbage, refuse, rubbish, litter and other solid waste pursuant to its
normal procedures.
The DISTRICT shall maintain and operate the CENTER including the locker
rooms and offices and restrooms, swim pool tank, pool deck, swim pool water,
mechanical room and systems in accordance with current State, County and DISTRICT
laws and standards for operation and maintenance for public swim pools. DISTRICT
�—
shall— maintain' detarled records of all expenditures of- CENTER -which -mc a e water,
electricity, gas, chemicals, materials, and other required supplies including a 5 percent
overhead charge.
Agreement: Burlingame High School Aquatic Center
3.c, Reimbursement and Responsibilities
Page 3
CITY shall reimburse the DISTRICT for 65 percent (65 %) of the costs incurred
and paid by the DISTRICT for the CENTER pursuant paragraph 3.b. following
completion of the CENTER. This contribution is based on the estimated usage of the
parties of AGREEMENT. It is estimated that the CITY will annually use or arrange to
use 65 percent (65%) of the available swim pool hours. The CITY shall make
reimbursement to the DISTRICT when presented with an itemized invoice from the
DISTRICT. The DISTRICT shall present such an invoice no less than on a quarterly
basis, and CITY shall make payment within thirty (30) days from the date of
presentation.
3.c.1. Emergencies
In the event of an emergency or an imminent safety hazard, including,
without limitation, earthquakes, fires, flooding, or other similar events, the
DISTRICT may perform non-scheduled repair or maintenance work at the
CENTER without prior notification to the CITY. The DISTRICT shall notify the
CITY of such emergency work within a reasonable time.
3.c.2. Communication Regarding Maintenance
With the exception of safety concerns, any concerns of the CITY about the
general maintenance or use of the CENTER will be communicated to the
Burlingame High School Plant Manager by the CITY Recreation Superintendent.
3.c.3. Annual Maintenance
DISTRICT may close CENTER for annual maintenance and necessary
repairs for the period December 1 to January 31 each school year. When the
annual maintenance is completed the CITY shall be noted. If maintenance
closures will require more time, Burlingame High School Plant Manager will
notify CITY Recreation Superintendent or his designee at the earliest possible
opportunity as to what period of closure is anticipated. During the time of
closure, neither school students nor the general public will be permitted to be
within the CENTER.
3.c.4. Extra Work
CITY and DISTRICT agree that extra work may be required from time -to -
time due to a failure of pool, mechanical system, or other facility, due to a need
for repairs to irrigation system; due to acts of vandalism or other criminal
activity; due to repairs caused by or due to an act of God; because of a special
event conducted by either party; because of legal requirements; or for some other
unpredicted circumstance. It is agreed that extra work falls outside the normal
scope of this contract. CITY and DISTRICT must meet in good faith and
negotiate how such extra work is to be performed and how any costs caused by
such extra work shall be apportioned by the two parties.
Agreement: Burlingame High School Aquatic Center Page 4
3.c.5. Modifications to Facility and/or Intended Use
There shall be no additional development or any physical changes to the
CENTER without the prior joint written consent of the DISTRICT and the CITY.
Such consent shall not be unreasonably withheld. After completion of the facility,
nothing shall be done by either the DISTRICT or the CITY or be huthorized by
them to be done by a third party, which would interfere with the intended use of
the CENTER.
3.c.6. Relationship of the Parties
It is understood that DISTRICT pool and building maintenance workers,
supervisors, teachers, coaches, lifeguards and contractors are employees and
contractors of the DISTRICT and Ole CITY does not provide liability or worker's
compensation insurance or benefits for any such employees and contractors.
It is understood that CITY building maintenance workers, supervisors,
instructors, coaches, lifeguards, and contractors are employees of the CITY and
the DISTRICT does not provide liability or worker's compensation insurance or
benefits for any such employees and contractors.
3.c.7. CITY and DISTRICT Usage of Facilities
The DISTRICT shall schedule the use of the CENTER between the hours
of 8:00 AM and 5:00 PM on school days.
The.CITY shall schedule the use of the CENTER on weekends, District
holidays and DISTRICT vacation periods and between 5.01 PM until 10:00 PM
and between 6:00 AM and 7:59 AM on school days. It is understood that some
DISTRICT use may need to be accommodated before 8:00 AM during certain
tunes of the year, and the DISTRICT and the CITY agree that DISTRICT shall
have the use of two swim lanes during school days prior to 8:00 AM whenever
requested by DISTRICT with a minimum of seven days prior notice.
The DISTRICT shall have priority use on school days for any
interscholastic competition. The DISTRICT shall advise the CITY 90 days prior
to any regularly -scheduled interscholastic competition that might extend past 5:00
PM. In the case of .interscholastic events that are rescheduled on weekdays for
unavoidable reasons or in the case of special games or competitions, such as
playoff contests or league championships, DISTRICT will advise CITY as soon
as it has notice of the events and DISTRICT use shall have priority. DISTRICT
practices or other activities Flo not have priority after 5:00 PM on school days
unless prior approval has been given by CITY.
The CITY shalt have priority use during its assigned evening, weekends,
District holidays and vacation periods. During its assigned time periods, CITY
will make every attempt to accommodate DISTRICT interscholastic competitions
when notice is given to CITY 90 days prior to the proposed event. When CITY
is notified by DISTRICT of a proposed interscholastic•:contpetition less than 90
Agreement: Burlingame High School Aquatic Center
Page S
days prior to the date requested, CITY will meet with DISTRICT and consider
the request. DISTRICT requests for practices, or other activities during the
CITY's assigned time periods will be considered by CITY on a space available
basis.
3.c.8. Public Use of CENTER
All public and/or private use reservations of the CENTER shall use the
Use of Facilities form of the DISTRICT. All parties of the agreement will 'insure
that renters adhere to all DISTRICT policies, such as liability waivers, insurance
requirements as stated on the back of the Use of Facilities' form of the
DISTRICT. Copies of forms for use of the CENTER by other than CITY or
DISTRICT groups shall be provided to the CITY and DISTRICT ten (10) days
in advance of the group's use.
The DISTRICT shall be solely responsible for determining: (1) the
parameters of the use priority system and (2) the collection and retention of fees
during such times the DISTRICT has use of the CENTER. The CITY shall be
solely responsible for determining: (1) the parameters of the use priority system
and (2) the collection and retention of fees during such times the CITY has use
of the CENTER. (See Paragraph 3.c.7. for Usage of Facilities)
All collection of fees will conform to the laws governing school grounds
and those which are applicable to the CITY'S property. In the event of conflict
between laws governing school grounds and those applicable to CITY property,
the laws governing school grounds shall prevail.
3.c.9. Scheduling of Use and Maintenance
As soon as practicable after the anticipated CENTER completion date has
been first established, the authorized representatives of the parties will meet with
each other to discuss and coordinate the development of the first CENTER
schedules for use, maintenance and operations. The authorized representatives
will meet for scheduling purposes in the future, as required, but no less often than
twice annually during the term of this agreement.
In performing its maintenance obligations, DISTRICT will use its best
efforts to nn nfinize interference with the CITY'S scheduled use of the CENTER.
It is recognized that some odd or unusual hours may be. required of maintenance
personnel.
3.c.10. Hold Harmless Agreement
.Based on the AGREEMENT of the DISTRICT and the CITY to obtain
property and liability insurance coverage for the public and/or private use of the
CENTER scheduled by the CITY outside of school hours, the,CITY and the
DISTRICT agree to a mutual hold harmless.
Agreement: Burlingame High School Aquatic Center
Page 6
It is agreed that the CITY shall defend, hold harmless and indemnify
DISTRICT, its officers and/or employees from any and all claims for injuries or
damage to persons and/or property which arise out of the terms and conditions
of this agreement and which result from the negligent acts or omissions of CITY,
its officers and/or employees.
It is further agreed that DISTRICT shall defend, hold harmless and
indemnify CITY, its officers and/or employees from any and all claims for
injuries or damage to persons and/or property which arise out of the terms and
conditions of this agreement and which result from the negligent acts or omissions
of DISTRICT, its officers and/or employees.
In the event of concurrent negligence, CITY, its officers and/or
employees, and DISTRICT, its officers and/or employees, then the liability for
any and all injuries for claims for injuries or damages to persons and/or property
which arise out of the terms and conditions of this agreement, shall be
apportioned according to die California theory of comparative negligence.
3.c.11. Not a Joint Powers Agency
Nothing contained in this Agreement shall be construed as intended to nor
shall it be a joint powers agency of any kind.
3.c.12. Insurance
The DISTRICT shall obtain property and liability insurance coverage with
its insurance carrier for the CENTER. The CITY shall reimburse the DISTRICT
eighty-five percent (85%) for the cost of coverage for CITY or other use
scheduled by the CITY during school hours.
3.c.13. No Ownership Interest Intended
Nothing contained herein is intended to create in the CITY any ownership
interest whatsoever by the CITY in CENTER or any other part of CAMPUS.
3.c.14. Amendments
This agreement may be amended or modified by written agreement signed
by both parties, including the continuing or changing of maintenance and
operations program or use policies for CENTER in subsequent years. Failure on
the part of either party to enforce any provisions of this agreement shall not be
construed as a waiver of the right to compel enforcement of such provision or
provisions.
Agreement: Burlingame High School Aquatic Center
3.c.15. Term
Page 7
The term of this agreement shall be for twenty-five (25) years from the
day and date above written. At the expiration of such term, this agreement shall
be automatically extended for additionall terms of five (5) years, unless either the
DISTRICT or the CITY provides written notice to the other at least six (6)
months before the end of the term of this agreement that they wish to review or
terminate this agreement.
3.c.16. Notices
All notices shall be in writing and delivered to in person or transmitted by
certified mail, return receipt requested, postage paid:
Notices required to be given to DISTRICT shall be addressed:
Chief Business Official
San Mateo Union High School District
650 North Delaware Street
San Mateo, CA 94401-1795
Notices required to be given to CITY shall be addressed:
Parks & Recreation Director
City of Burlingame
850 Burlingame Avenue
Burlingame, CA 94010
Said persons shall be representatives of DISTRICT and CITY for all
purposes of this agreement.
3.c.17. Dispute Resolution
If from time -to -time disputes relative to maintenance and operations, use;
scheduling, and other items of interpretation of the provisions of this agreement
arise which are not resolved through the efforts of the DISTRICT and CITY
representatives, then it is the intent of the parties to this agreement that the
DISTRICT Superintendent and CITY Manager shall meet to discuss the issues in
an effort to resolve the dispute.
All unresolved disputes, claims or other matters in question arising out of
or relating to this agreement or breach thereof may ultimately be decided by
means of legal action provided by California State Law. Any attorney's fees and
associated costs arising from such legal action shall be paid by the unsuccessful
party. Reasonable attorney's fees and court costs not to exceed $7,500 in total
may be awarded to the prevailing party by the Court.
Agreement: Burlingame High School Aquatic Center
3.c.18. Interpretation
Page 8
As used herein, any gender included each other gender, the singular
includes the plural, and vice versa. Nothing contained in this agreement is
intended to nor does it create a joint powers agency as provided in the
Government Code.
3.c.19. Venue
The applicable law for any legal disputes arising out of this
AGREEMENT shall be the law of the State of California, and the forum and
venue for such disputes shall be the appropriate Superior or Municipal Court in
and for San Mateo County.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
CITY OF BURLINGAME
A Munic al Corporation
City Manager
tt Clerk
'4.
SAN 11 UNION HIGH 70/
DISBy
Thomas C. Molir, Secretary to the Board
APPRON(ED AS TO ORM:
ipy Attorney
Legal Counsel
E CfTYi7
54. City o�l/�urCuu�aine
City Hall • 501 Primrose Road
Burlingame CA 94010-3997
OFFICE OF THE
August 30, 1999
Kim T.Schoknecht
Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP
333 Market Street, 23rd Floor
San Francisco CA 94105-2173
Thomas Mohr, Superintendent
San Mateo Union High School District
650 North Delaware
San Mateo CA 94401
650-696-7203
........ ... ___............... _— FAX650-342-8386---
jnialfatd@burfingame.org
RE: Gift from San Francisco Foundation for Construction of Pool at BHS
Enclosed are your copy/copies of agreements.
Sincerely,
i'
'th A. Malfatti
City Clerk
RESOLUTION NO. 91-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING FIRST AMENDMENT TO AGREEMENT WITH SAN MATEO UNION
HIGH SCHOOL DISTRICT FOR DEVELOPMENT, MAINTENANCE, ORERATIONS
AND USE OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, on September_ 15, 1997, by Resolution No. 75-97, the City Council approved
an agreement with San Mateo Union High School District ("District") to jointly develop and operate
an aquatic center at Burlingame High School to benefit the community; and
WHEREAS, following that agreement and the beginning of construction, a donor came
forward with an offer to provide funding for a larger pool that originally contemplated; and
WHEREAS, in order to operate that larger facility, it is necessaryto amend the Agreement
with the District to provide for clearer oversight and responsibility for each party,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the First Amendment to the
Agreement for Development, Maintenance, Operations and Use of the Burlingame High School
Aquatic Center between the City and the District generally as contained in Exhibit A hereto subject
to approval as to form by the City Attorney.
2. The Clerk is directed to attest to the signature of the Manager.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City ofBurlingame, do hereby certify that the
foregoing resolution was introduced at a special meeting of the City Council held on the 25th day of
Aueust . 1999, and was adopted thereafter by the following vote:
AYES`. COUNCILMEMBERS: GALLIGAN, JANNEY, O'MAHONY, SPINEI.LI
NOES: •COUNCRIdEMBERS: NONE
ABSENT: COUNCILMEMBERS: KNIGHT
� F
9441�TY CLERK `
0
HUU-Gb-1777 lu•-�.� w i i ur nuw a+n� •�."' """" ..._ `_
FIRST AMENDMENT To AGREEMENT FOR
I)THE EVELOpMENT,
RLINGAI; E HIGH SCHOOL Q ATIC CENTER
TWS FIST AMENDMENT made and entered into this day of
1999, by and between the CITY OF BURLINGAME, a municipal corporation,
hereinaflet referred to as "CITY" and the SAN MATEO UNION IRGH SCIiOOL DISTRICT of
San Mateo County, hereinafter referred to as "DISTRICT" amends the Agreement for
Development, Maintenance, Operations and Use of the Burlingame Iiigh School Aquatic Center
that the patties entered into on the 19° of November, 1999, hereinafter referred to as the
"Agreement."
WITNE° SS)ETII
AS, the parties have entered into the Agreement in order to fund and operate an
Aquatic Center at Burlingame high School; and
WREREAS, a private donor has agreed to provide funding so that the Aquatic Center
contains a larger swim pool than originally contemplated; and
WHEREAS, this first Amendment is intended to provide the scheduling, supervision, and.
y,
operation of the revised facility, is
NOW,' ED&REFORE, IT 19 AGREED AS FOLLOWS:
A. For purposes of the Agreement as amended, "auxiliary building" means the building
constructed at the CENTER to contain the mechanical room, snack bar/storage, CITY locker
rooms, CITY restrooms, CITY office, and CENTER lobby/entrance.
B. Section 3.b of the Agreement is amended to read as follows:
3.b. Maintenance And Operations ofComn]eted Cl NT1rR
The DISTRICT shall maintain the CENTER and CAMPUS, including turf,
grounds, landscaped areas, buildings, parking lots, fences, sidewalks, and trees and shall
continuously remove garbage, refuse, rubbish, litter and other solid waste pursuant to its
normal procedures.
Except as expressly provided below, the DISTRICT shall maintain and operate the
CENTER including the locker rooms and offices and restrooms, swim pool tank, pool
deck, swim pool water, mechanical rooms and systems in accordance with current State,
County, and DISTRICT laves and standards for operation and maintenance of public swim
August 20,1999
HUU- b-1'777 14 • 4� l,l I I Ur 1n _ .,- - ••.•— . . "- -_
pools. DISTRICT shall maintain detailed records of all expenditures of CENTER which
include: water, electricity, gas, chemicals, materials, and other required supplies; including
a 5 percent overhead charge. Both DISTRICT and CITY recognize that CITY programs
and activities will be scheduled within the Aquatic Center at odd and unusual hours,
beginning at 6:00 a.m. and continuing through 10:00 p.m. most days of the year, including
many major holidays.
CITY's schedule of activities may present significant problems for DISTRICT in
the scheduling of custodial services for the inside of the auxiliary building. The
Burlingame high School Plant Manager and the CITY's Recreation Superintendent shall
meet, no later than 60 days prior to the opening of the Aquatic Center, and shall jointly
arrange for custodial services for the interior of the auxiliary building (excluding the
mechanical room area). Should DISTRICT staff be scheduled to perform custodial
services in the interior of the auxiliary building, DISTRICT will bill CITY for 100% of the
actual cost of providing such services. Should CITY choose to perform custodial
services, all costs will be borne by CITY-
C. Section 3.c.7 is amended to read as follows:
3.0.7. CITY and ntcTRICJ l�saae of Facilities
The DISTRICT shall have the first priority for use on school days, between the
hours of 8:00 AM and 5:00 PM. DISTRICT agrees that a minimum of eight (8) swim
lanes can be made available for CITY or public use during the period 9:00 AM to 3:00
PM on school days. It is recognized that the DISTRICT may require the use of the entire
CENTER between the hours of 3:00 and 5:00 PM for DISTRICT team practices on
school days. Whenever possible, DISTRICT will advise CITY if other iron -school
activities can be scheduled in the CENTER during the 3:00 to 5:00 PM time period.
DISTRICT will have priority to use up to a minimum of eight (8) swim lanes between the
hours of 6:00 and 8:00 AM on school days for team practice sessions, if scheduled with
CITY seven (7) days in advance of the anticipated use, DISTRICT agrees that CITY
may use a minimum of eight (8) lanes for two hours during the period 11:00 AM to 1:30
PAR on school days.
The CITY shall have priority -use during all evening, weekend, DISTRICT holiday
and vacation periods. In addition; CITY shall have first priority for t;ENTER use from
6:00 to 8:00 AM and from 5:00 PM to 10:00 PM on school days. During its assigned
time periods, CITY will make every attempt to accommodate DISTRICT interscholastic
competitions when notice is given to CITY 90 days prior to the proposed event. When
CITY is notified by DISTRICT of a proposed interscholastic competition less than 90
days prior to the date requested, CITY shall meet with DISTRICT and consider that
request. DISTRICT requests for practices or other activities during the CITY's assigned
time periods will be considered by CITY on a space available basis.
August 20.1999
99M 342 8386 PAGE.003
HUIi-2b-1`y�l 14:.34 1.1 i T Ur nUrcL11vun1.ic 11..—.,
The DISTRICT and the CITY agree that at all times when DISTRICT or CITY
programs are utilizing the CENTER, adequate supervision of the swim pools, the deck
areas and building areas will be provided by the respective agency. Whenever the pools
are in use, the responsible agency shall ensure that an appropriate number of persons
certified in water safety are present and responsible for the use activity.
CITY shall ite responsible for the dperation and supervision of the interior of the
awdliary building, including building entry area, locker rooms, restrooms, offices and
storagelsnack bar area but excepting the mechanical room. Upon request by DISTRICT,
CITY shall make the appropriate auxiliary building interior spaces available'to DISTRICT
for use during special meets or events. DISTRICT shall provide supervision of the
facilities while they are being used by DISTRICT. DISTRICT shall arrange with CITY
for any extra custodial services required due to DISTRICT's use.
Upon request by CITY, DISTRICT shall make the appropriate areas of its boys
and girls physical education locker rooms and restrooms available to CITY for use during
special meets or events. CITY shall provide supervision of DISTRICT's facilities while
they are being used by CITY. CITY shall arrange with DISTRICT for any extra custodial
services required due to CITY's use.
D. Section 3.c.8 is amended to read as follows'
3.c.8. Public Use of Centee
The CITY shall have the responsibility for maintaining the, schedule of use at all
times for the CENTER. The CITY shall manage the scheduling of public Lases in the
CENTER according to use approval, facility supervision and insurance guidelines agreed
upon by DISTRICT.
AJI public and/or private use reservations of the CENTER shall use the Use of
Facilities form of the DISTRICT. Both parties to the AGREEMENT shall insure that
their respective renters adhere to all DISTRICT policies, such.as liability waivers,
insurance requirements as stated on the back of the Use of Facilities form of the
DISTRICT. Copies of forms for requested use of the CENTER by other than CITY or
DISTRICT groups shall be provided to DISTRICT by CITY ten (I0) days in advance of
the group's use. Exceptions to this time schecWle can be made in the case of extenuating
circumstances, if both parties agree to a lesser amount of advance notice.
The DISTRICT's Chief Financial Officer and the CITY's Recreation
Superintendent shall meat annually to review the ongoing operating costs of the
CENTER. They shall recommend pool user fee schedules and rules of use to the.
DISTRIC'T's Board of Trustees and the Burlingame City Council so that fees and roles of
use can be adopted and published annually. Fee schedules and rules of use need not be
August Bo, 1999
.-I- 11e onoc oorF b161,
HUU-Gb-d�DD lv•.1v �.i,w uvn�.unru .� .,,... _._ ____ _. ..
identical for periods when the DISTRICT or the CITY have priority use of the pool.
Rules of use must be acceptable to both DISTRICT and CITY. Both parties will respect
the fee schedules and rules of use adopted by the other.
The CITY shall be solely responsible for determining: (1) the parameters of the use
priority system and (2) for the collection of fees during public uses. The DISTRICT's
Chief Financial Offreerand the CITY`s Recreation Superintendent shall .meet Anngoly.snd _ ...
recommend to the DISTRICT's Board of Trustees and the Burlingame City Council what
administrative charge the CITY should levy; in addition to the established rental rate, on
public use groups renting the pool during the school day DISTRICT's priority time.
All collection of fees will conform to the laws governing school grounds and those
which are applicable to the CITY's property. In the event of a conflict between laws
governing school grounds and those applicable to CITY property, the laws governing
school grounds shall prevail.
All public users of the CENTER shall be advised by CITY of their responsibility to
use the facilities in such a way as not to inconvenience or disturb DISTRICT classes and
activities in any way. Public users shall be directed to park their vehicles and enter the
DISTRICT's campus from the Oak Grove Avenue entrance during school days. Public
users shall proceed directly to the entrance of the auxiliary building or to their designated
gate opening in the CENTER perimeter fence, without roaming through any other portion
of the school campus during school days. Prior to the opening of the CENTER for public
use during the regular school day, DISTRICT and CITY shall agree on a mandatory form
of identification, to be carried by each public group user using the CENTER during the
regular school day.
E. Except as expressly amended by this First Amendment, all other terms and conditions
of the Agreement remain in full force and effect.
ZN WITNESS WHEREOF, the parties hereto have executed this First Amendment on
the day and year written on the first page above.
By
City Manager
SARI MATED UNION HIC,II SCHOOL DIS'I RXCT
By
. Secretary to the Board
4 August 20, 1999
I'll oc 100 1n•I4 650 342 8386 PAGE.005
Y4d3—GQ yJJJ AY•�t �.a � � v uv..�.�w..�
Approved as to form: Approved as to form:
City Aitoroey Legal Counsel
ATTEST'.
... ..... .... .................... _ _... _ .. _ _.........
City Clem
c:�w�Pst�assv�casen�r••.�a�I�ntrsG.wna ::
5 August 20. 1999
TOTAL P.06
c eQ 1A io 650 342 E1386 PAGE.001
RESOLUTION NO. 92-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING DONOR AGREEMENT BETWEEN THE SAN FRANCISCd FOUNDATION
AND THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR CONSTRUCTION OF
50-METER SWIM POOL AT BURLINGAME HIGH SCHOOL AND AGREEING TO
PROVIDE COMMUNITY USAGE PURSUANT TO DEVELOPMENT AGREEMENT
BETWEEN DISTRICT AND CITY
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, on September 15, 1997, by Resolution No. 75-97, the City Council approved
an agreement with San Mateo Union High School District ("District") to jointly develop and operate
an aquatic center at Burlingame High School to benefit the community ("Development Agreement");
and
W-HEREAS, following that agreement and the beginning of construction, a donor came
forward with an offer to provide funding for a larger pool that originally contemplated; and
WHEREAS, on August 25, 1999, by Resolution No. 92-1999, the City Council approved a
First Amendment to the Development Agreement in order to clarify responsibilities to operate the
larger facility; and
WHEREAS, in order for the donation for the larger pool to occur, the donor The San
Francisco Foundation requires assurance that the new swim pool will be made available for
community use on an extensive basis, and the City is willing to manage and provide that community
usage,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the Letter of The San Francisco
Foundation dated August 26, 1999, as executed by the Foundation and the San Mateo Union high
School District, on behalf of the City as contained in the acknowledgment and agreement paragraph
for the City in Exhibit A hereto.
2. The Clerk is directed to attest to the signature of the Manager.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify, that the
foregoing resolution was introduced at a special meeting of the City Council held on the 30th day of
August . 1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNULLMEMBERS:
CITY CLERK
2
i... in¢ AbwJ.,. CmW a LOtI,. Ma ria.5an Pr:m:is:a auJ San Alai ,,:nw Iie:
August 26, 1999
Mr. Thomas C. Mohr, Superintendent
San Mateo Unified High School District
650 North Delaware
San Mateo, CA 94401
The Honorable Mary Janney, Mayor
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Re: Gift from The San Francisco Foundation
For Construction of 50 Meter Pool at Burlingame High School
Dear Mr. Mohr and Ms. Janney:
The San Francisco Foundation ("the Foundation") is pleased to notify you that, upon the
recommendation of an anonymous Donor Advisor, it has approved a grant in the sum of
$1,210,000 (one million two hundred ten thousand dollars - - "the Donated Sum") to the San
Mateo Unified High School District, a California public school district ("the District") upon the
terms and conditions set forth below.
By way of background, the Foundation understands that the District has planned since the 1989
earthquake to rebuild the 25 yard swimming pool owned by the District on the Burlingame High
School campus ("the Aquatic Center"), and that the City of Burlingame ("the City") and the
District would be sharing the costs of operating and maintaining the Aquatic Center. In the
spring of 1999, the District had already accepted bids from contractors for the project, and
commenced work. Upon hearing of these plans, members of a family which has a Donor
Advised Fund at The San Francisco Foundation contacted Superintendent Tom Mohr to discuss
the possibility of contributing the incremental cost of increasing the pool length from 25 yards
to 50 meters.
These family members described to District employees their intent: to assist the District and the
City in increasing the size of the present pool from 25 yards to 50 meters, and in so doing
create a facility which can be used by everyone from children just learning to swim, to Olympic
hopefuls, to masters athletes; to provide for seniors who want to swim or obtain other forms of
aquatic exercise; to provide for disabled children and adults who enjoy the freedom of water; to
teach children, high school students and adults to be water safe; to teach children and high
school students and mastersathletes to play and compete in water polo; to provide an. area for
scuba divers in the deep end of the pool; and, finally, to provide a beautiful multi -purpose
facility that the entire community will enjoy. Of particular importance to the family were the
commitments of the District and the City that maximum use of the Pool Facility would be
obtained by providing simultaneous high school and cornmunityuser access, whenever possible -
Chief E.e,wi.e
Oflicer
Yandu R.II„ni.dm
Board of Trwlees
E Nbrt:n Ildnl.a .Ch
Gay Phi,Cobb
Pew,EAW,*..
Leslie P. Rum,
Rolland C Lo,.e. AL0-
stephaA, e.AhcUu
ieJ I. sa<npr
0. M).S,Whe..Ir..PI
Glodys S. r hathe,
Trwlcea Emeriti
1.,,1ks-Abuhamron
Ilnmilw lY. BOV
A.WClaasen
M..M... is Ogle
1lerman EGal,gos
NwEaaa
Pnben Cl6"u
William R. 110AC11
Jahn F. KBmmlin
L.. A E Kingsley
I.. F.Lone
RichaA ItMAdm
susms.Metulf
William 11.0r64k.Jr
Willem M.Rolh
Bmokr Walker. Ir-
Mwr lee widener
225 Bush Street
Suite 500
San Francisco, C+
94104-4224
415 733-8500
fax 415 477-2783
www.sff.org
The District agreed to request new bids for construction of the longer pool and related costs
(including design professional fees, expanded decking and fencing, and relocation of the parking
lot). The Foundation understands that die resulting sealed bids were opened on August 24, and
that the construction contract is scheduled to be awarded at the District's August 26 board
meeting.
The Foundation further understands that the City and the District plan to execute the proposed
"First Amendment to Agreement for Development, Maintenance, Operations and Use of the
Burlingame High School Aquatic Center" attached to this letter as Exhibit A ("the Agreement
for Development"), and that the City and the District contemplate school and community usage
as set forth in the July 30, 1999 memo from John Williams to Tom Mohr and its attachments
which are attached to this letter as Exhibit B. The Foundation agrees that the Agreement for
Development, as proposed to be amended, would provide the level of community usage that the
Foundation desires.
In light of the background and intent as expressed above, the Foundation hereby agrees to
donate the sum of $1,210,000 (one million two hundred ten thousand dollars) to the District. In
accepting this gift, the District agrees that:
Upon acceptance of this gift by the District, and acceptance of the terms set forth in
this letter by the City, the Donated Sum will be transferred to an escrow account at
an institution to be agreed upon by the District and the Foundation. Funds may be
paid out of the escrow account to contractors, vendors and service providers for
purposes consistent with this letter upon approval of the District. The District shall
permit the Foundation to inspect.the books and records of the escrow account
(including copies of vouchers submitted by contractors for payment) from time to
time upon reasonable notice to the District.
2. The Donated Sum will not become part of the General Fund of either the District of
the City.
3. The Donated Sum will be used only to pay the incremental costs of increasing the
pool from at the Aquatic Center from 25 yards to 50 meters, and related expenses
necessarily incurred as a result of the increase. Such expenses are expected to
include architects' fees for redesigning the pool, deck and parking facilities; fees of
the Office of State Architect for approving the new plans; fees of traffic engineers;
the incremental construction costs; cost of improved fencing;. costs of related pool
equipment such as timing devices and scoreboards, bleachers, lane markers, and
water polo goals; costs of the community entry building and locker rooms; and costs
of higher -capacity pool filtration and chemical systems and facilities.
4. The Donated Sum will not be used to pay for costs of maintaining, operating or
insuring the Aquatic Center. Under no circumstances shall the Donated Sum be
used by the City or the District to replace or reduce their original budget
commitments in the sums of $1,166,695.00 and $300,000.00 respectively, that were
part of the plans for the original 25 yard facility.
S. This gift is made on the condition that the City and the District will complete the
Aquatic Center without recourse to the Foundation for further funds. The City and
the District acknowledge that no additional funds will be forthcoming from the
Foundation in the event of cost overruns.
6. The San Francisco Foundation may, but is not obligated to, enforce the terms upon
which this gift is made.
7. The identity of the anonymous Donor Advisor family is to be treated with the utmost
of confidentiality, and not disclosed to anyone unless prior approval is given by the
Foundation.
8. The Donated Sum shall be returned to the Foundation if construction of the Aquatic
Center is not complete within one calendar year of acceptance of this gift, or if the
District and the City are unable to agree upon a schedule which permits community
usage of the Aquatic Center at least as frequently as set forth in the Exhibit B.
However, the one-year deadline to complete construction shall be extended by any
length of time that is not fairly attributed to the action or inaction of the District.
In consideration of the Foundation's gift, the District and the City, by their signatures at the end
of this letter, agree that the Aquatic Center will be built, operated and maintained in a manner
entirely consistent with the intent and terms of the agreement set forth in this letter.
Sincerely,
The San Francisco Foundation
By:
Name: Kevin McGahan
Title: Fund Manager
The San Mateo Unified High School District hereby accepts the foregoing gift upon the terms
and conditions set forth above.
Dated:
District
: San Mateo Union High School
Name:
Title:
The City of Burlingame acknowledges that the District is accepting the Donated Sum from the
Foundation upon the terms and conditions set forth above. Within the terms of the Agreement
for Development attached as Exhibit A, as it may be amended, the City agrees that it shall work
with the District to provide community usage of the Aquatic Center at or above the level of
usage generally described in the Draft Schedule attached as Exhibit B.
Dated: , 1999 The City of Burlingame
Name:
Title:
Hub—eu—l� .,,, ur lull,iurn
FIRST AMENDMENT TO AGREEMENT FOR
DEVELOPMENT, MAINTENANCE, OPERATIONS AND USE OF
THE BURLINGAME HIGH SCHOOL AQUATIC CENTER
THIS FIRST AMENDMENT made and entered into this a municipal corporation,
1999, by and between the CITY OF BURLINGAMF P rP
hereinafter referred to as "CITY" and the SAN MATEO UNION HIGH SCHOOL DISTRICT of
San Mateo County, hereinafter referred to as "DISTRICT" amends the Agreement for
Development, Maintenance, Operations and Use of the Burlingame High School Aquatic Center
that the parties entered into on the 191 of November, 1997, hereinafter referred to as the
"Agreement."
wITNESSETH
WHEREAS, the parties have entered into the Agreement in order to fund and operate an
Aquatic Center at Burlingame High School; and
WHEREAS, a private donor has agreed to provide funding so that the Aquatic Center
contains a larger swim pool than originally contemplated; and
WHEREAS, this First Amendment is intended to provide the scheduling, supervision, and
operation of the revised facility,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
A. For purposes of the Agreement as amended, "auxiliary building" means the building
constructed at the CENTER to contain the mechanical room, snack bar/storage, CITY locker
rooms. CITY restrooms, CITY office, and CENTER lobby/entrance.
B. Section 3.b of the Agreement is amended to read as follows:
3.b. Maintenance and Operations of Completed CENTER
The DISTRICT shall maintain the CENTER. and CAMPUS, including turf,
grounds, landscaped areas, buildings, parking lots, fences, sidewalks, and trees and shall
continuously remove garbage, refuse, rubbish, litter and other solid waste pursuant to its
normal procedures.
Except as expressly provided below, the DISTRICT shall maintain and operate the
CENTER including the locker rooms and offices and restrooms, swim pool tank, pool
deck, swim pool water, mechanical rooms and systems in accordance with current State,
County, and DISTRICT laws and standards for operation and maintenance of public swim
August 20. 1999
, i i ur Duna i Warn �c
HUU�CO-1777 1`i' »
pools. DISTRICT shall maintain detailed records of all expenditures of CEN R lad ng
include: water, electricity, gas, chemicals, materials, and other required supplies,
a 5 percent overhead charge. Both DISTRICTan CenteCITr at odd and recognize that
unuCI l h programs
and activities will be scheduled within the Aquatic
beginning at 6:00 a.m. and continuing through 10100 p.m. most days of the year, including
many major holidays.
CITY's schedule of activities may present significant problems for DISTRICT in
the scheduling of custodial services for the inside of the auxiliary building. The
Burlingame High School Plant Manager and the CITof the's }uaticaCentertion u and Superintendent
jointly
meet, no later than 60 days prior to the opening A9 (excluding the
arrange for custodial services for the interior of the auxiliary building excexc custodial
mechanical room area). Should DISTRICT staff be scheduled to perform
services in the interior of the auxiliary building, DISTRICT will bill CITY for
1custodial 0% of the
actual cost of providing such services. Should CITY choose to perform
services, all costs will be borne by CITY.
C_ Section 3.c.7 is amended to read as follows:
} c 7. t ITY and DISTRICT Usage of Facilities
The DISTRICT shall have the first priority for use on school days, between the
hours of 8:00 AM and 5:00 pM. DISTRICT agrees that a minimum of eight (8) swim
lanes can be made available for CITY or public use during the period 8:00 AM to 3:00
PM on school days. It is recognized that the DISTRICT may require the use of the entire
CENTER between the hours of 3:00 and 5:00 PM for DISTRICT team practices on
school days. Whenever possible, DISTRICT will advise CITY if other non -school
activities can be scheduled in the CENTER during the 3:00 to 5:00 PM time period.
DISTRICT will have priority to use up to a minimum of eight (8) swim lanes between the
hours of 6:00 and 8:00 AM on school days for team practice sessions, if scheduled with
CITY seven (7) days in advance of the anticipated use. DISTRICT agrees that CITY
may use a minimum of eight (8) lanes for two hours during the period 11:00 AM to 1:30
PM on school days.
The CITY shall have priority use during all evening, weekend, DISTRICT holiday
and vacation periods. In addition, CITY shall haveTiirst priority for CENTER use from
6:00 to 8:00 AM and from 5:00 PM to 10:00 PM on school days. During its assigned
time periods, CITY will make every attempt to accommodate DISTRICT interscholastic
competitions when notice is given to CITY 90 days prior to the proposed event. When
of a proposed interscholastic competition less than 90
CITY is notified by DISTRICT
days prior to the date requested, CITY shall meet with DISTRICT and consider that
request. DISTRICT requests for practices or other activities during the CITY's assigned
time periods will be considered by CITY on a space available basis.
2 August 20, 1999
R50 342 0386 PR6E.003
HUIi-�b-1777 14 � .]4 .I 1 I Ur DurtL 1 ivuni'i�
t all
imes when
CT
CITY
The DISTRICT and the CITY agree asupetrvision of thesw'im pools` he deck
programs are utilizing the CENTERever
arepective agency. When
as[ u use,the responsible ing areas will
be proshalleensure hatd by the san appropriate number of pert onools
certified in water safety are present and responsible for the use activity.
CITY shall be responsible for the operation and supervision of the interior of the
auxiliary building, including building entry area, locker rooms, restroor ,offices and
storage/snack bar area but excepting
authe xiliary a mechanical
ing l rointeom. Upon spaces available 'to DIst by STRICT
uci
CITY shall make the appropriate ry
for use during special meets or events. DISTRICT shall provide supervision of the
facilities while they are being used by DISTRICT. DISTRICT shall arrange with CITY
for any extra custodial services required due to DISTRICT's use.
Upon request by CITY, DISTRICT shall make the appropriate areas of its boys
and girls physical education locker rooms and restrooms available to CITY for use during
special meets or events. CITY shall provide supervision of DISTRICT'S facilities while
they are being used by CITY. CITY shall arrange with DISTRICT for any extra custodial
services required due to CITY's use.
D. Section 3.c.8 is amended to read as follows:
3.c.g. PublicUseofCenter
The CITY shall have the responsibility for maintaining the schedule of use at all
manage the schedulng of
times for the
he
according to use happro� I, facility supervision and!insurancetic uses in t
guidelines agreed
CENTER g
upon by DISTRICT.
All public and/or private use reservations of the CENTER shall hod the U se that a
of
Facilities form of the DISTRICT. Both parties to the AGREEMEN
their respective renters adhere to all DISTRICT policies, such as liability waivers,
insurance requirements as stated on the back of the Use of Facilities form of the or
DISTRICT. Copies of forms for requested use of the CENTER by other days in advance
CITY of
DISTRICT groups shall be provided tim DISTRICT by CITY ten (10) y
the gro ta's use. Exc parties ionstagrete to aelesseradvance of schedu . le can be Vance noitcee in the e of extenuating
bot
The DISTRICT's Chief Financial officer and the CITY's Recreation
Superintento review the ongoing
y shall recommend pool user fee schedulesandoperating
costs Of the
rul
CENTER-
s of use to theDISTRICT's Board of Trustees .
CENT - They rules
use can be adopted and published annually. Fee schedules and rules of use ne d and the Burlingame City Council so that es annot be o
August 20, 1999
'.1 o.,c oorr RR.'
identical for periods when the DISTRICT or the CITY have priority use of the pool.
Rules of use must be acceptable to both DISTRICT and CITY. Both parties will respect
the fee schedules and rules of use adopted by the other.
The CITY shall be solely responsible for determining: (1) the parameters of the use
priority system and (2) for the collection of fees during public uses. The DISTRICT's
Chief Financial Officer and the CITY's Recreation Superintendent shall meet annually and
recommend to the DISTRICT's Board of Trustees and the Burlingame City Council what
administrative charge the CITY should levy, in addition to the established rental rate, on
public use groups renting the pool during the school day DISTRICT's priority time.
All collection of fees will conform to the
law evoverning ent of ac school
grounds between andlawthose
which are applicable to the CITY's property. Ivent
governing school grounds and those applicable to CITY property, the laws governing
school grounds shall prevail.
All public users of the CENTER shall be advised by CITY of their responsibility to
use the facilities in such a way as not to inconvenience or disturb DISTRICT classes and
activities in any way. Public users shall be directed to park their vehicles and enter the
DISTRICT's campus from the Oak Grove Avenue entrance during school days. Public
users shall proceed directly to the entrance of the auxiliary building or to their designated
gate opening in the CENTER perimeter fence, without roaming through any other portion
of the school campus during school days. Prior to the opening of the CENTER for public
use during the regular school day, DISTRICT and CITY shall agree on a mandatory form
of identification, to be carried by each public group user using the CENTER during the
regular school day.
E. Except as expressly amended by this First Amendment, all other terms and conditions
of the Agreement remain in full force and effect.
IN WITNESS WHEREOF. the parties hereto have executed this First Amendment on
the day and year written on the first page above.
Cy X OF BURLINGAME
City Manager
SAN MATEO UNION HIGH SCHOOL DISTRICT
By
Secretary to the Board
August 20. 1999
, -11 nnc
Approved as to form:
Attorney
ATTEST:
City Clerk
C..NW PS IV If.FSU�GREETIF.Mpoulamrn.p�tavpJ
Approved as to form:
Legal Counsel
5 August 20. 1999
-..- I.- . 10 , n . 1 0
TOTAL P.06
650 342 0386 PAGE.006
�AK 25. 1999-12:13YN}�11AKIIMION KURKIWN 51t1l'Ht
NU. LOL7 r. Li IV
ca a PARKS
p/[� CITY$9p,^ OQLLy'y}�I�•Lx�pSI{)�LtlVf'N (V�vq%(p(le9LL` p �/��� p�'S�
V p.BWQSAA /fFL�d KS & BSA CREATION DI PDAD�11•In EN N
850 Burlingame Avenue. Burlingame. Cali trnia 94010-2999
Tclephonc (650) 69(1-3770 1•arkx LTro s (650) 696-7245 °
° Fax (650) 696-7216 li•tnail: bur ec(paul.com -
°
,
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............ _ ......
I _
July 30, 1999
t
r
I
TO: Tom Mohr
FROM: John Williams
SUBJECT; Swim Pool Project Expansion
Our staff is excited about the opportunities presented by tht# possibility of a 50 meter pool at
Burlingame Rgh School. This facility can be the cornerstobe for a comprehensive aquatics
program that serves District high school students and com unity residents. There are fivi of us
on the packs L;t Recreation Department professional stafFw th considerable experience in
managing, operating and coordinating public pool aquatics kograms of all;hapes and sizes. We
look forward to this new opportunity! j
Department staff has spent time in recent weeks discussing' ool program options, scheduling
concerns, staffing. program financing and related issues, M a talked at length with other public
swim pool operators in the Day Area. We are ready to beg n the task of fleshing -out all of the
various ideas and working toward the creation ofwarkable new programs beginning in about
seven months.
kub1ic Use ofihLAquatic Center, We share the concrnn III at this new swim facility be used to the
maximum extent possible. We also recognize that we muss be good stewards of the City's
resources and we must plan community pool use in such a y that neither the City nor the
District has to absorb exorbitant maintenance and operation costs in order to serve small groups
of users. New aquatics programs must pay their own way-i
3 understand that our prospective donor has indicated a sit
maximum number of club swim and lap swim hours in the
Our faint preliminary pool schedule (attached) shows a larl
hours and we are also planning to make 5 lanes available i
City is conducting open recreational swimming, We are In
San Mateo Martins adult swim program; with local youth
and with other public pool operators to see how we mighl
rg interest in us providing the
roi. As a staff, we slurs that interest.
number of dedicated annual lap swim
public lap swimming at any time the
✓ talking with representatives of the
rim coaches and team repesentatives;
iaximize then® uses.
i
we'd spiv® Z9L t3S9 SDIi-10 LdM' OSHnWS
3..- -- .-- . —.
pt:tt 666 i-SZ-'�fti:1 r,
Ala r;79 Paaa pang Gn 01R
�AK25.1999-12:13r10� 15ANUUWUN KORKiauN �ltrh
NO. LOL9 r. ;i lu
l§ se Cif! prom�Reeuirements. our task is to furnish the Pupport that will enable all types of
aquatics programs to flourish. Four programs are crucial to the City's mission and are best
offered by the City or by City contractors. j
A wide array of swim lemons and instructional elassisfor children and ddulLr. Classes
are held on summer and spring break mornings, Moripay through Friday and sometimes on
Saturday mornings_
Open public recreational awing time. .r rt important 1 rogram during the summer months.
Spring Break, and F'awSpring weekends. Hours for i ecreational swim are typically from
1:00 to 5:00 p.m. daily during these time periods.. '
AduldMasters lop swfm and training programs. Y
scheduled for early mornings, noontime and evenin
Masters pool hours are shown interspersed with rej
times shown on the attached schedules are actually
schedules. Masters and adult lap swim can be intet
draft schedules show a huge number of lap swim hq
much demand after the pool is opened.
Youth competitive swine team programs. Youth cot
after 5:00 p.m, on a year around basis, with slightly
negotiated during the school year when high school
around programs for adults.
the times when adults are available.
r lap swim, however the exact
Beholders rather thin specific time
ngeable in most instances. The first
There may or may not be that
to swim teams will be scheduled
alternative starting times
are not using the entire facility.
Massehnol District ga�uirementc. It is my understandfn 1 after talking with you and members
of the Burlingame high School staff, that there are at least1hree base District program
requirements each year
Physical edacadon clam swim instruction. Three week blocks, approximately the 2nd-4th
weeks in September and in May each year. It is mylunderstandirg that three classes are
scheduled into the pool at the same time. and that c*h class consists of approximately 45
students.
Days and girls water polo team practice and gam - varsity anti junior varsity teams.
The water polo season schedule begins at the start f school and extends into mid -
November. Teams typically practice from 3:00 to :00 p.m. on school days -and From 6.00
to 8:00 am. some weekday mornings, in season..Iv atehes usually held after school or on
Saturday. j
Roys and girls strim (carte practice and meets. Thel swim team season schedule begins on
February I and extends into mid May. 'Teams typi ly practice from 3:00 to $:00 p.m. on
school days and from 6:00 to 11:00 a.m. some week ay mornings, in season. Meets usually
held after school or on Saturday.
2®'d 6b'c0 29L '6S9 sD1dd0 l.dns (zHnwS Sr:il 6661-SZ-Oral
e.0 o,c oaaa ohGc nna
'AUG: 25. 1999-12:14PM---BANCBOSTON ROBERTSON STEPHENS NO. 2529 P. 4; i0�
AWched is draft amendment language for our City -District 4greement that will formalize
expanded District use of the pool for school teams on school days prior.to 8:00 am. and will set
aside lap swim pool time for the City on school days, during Pe lunch time hours.
The District maintenance staff has also stated that the pooh Jill be shut down for two to four
weeks in December each year For annual pool maintenance 'vities. This type orclosiere can
Additional Aanatic Center rises. Any special group (e.g., synchronized swim) use, club activity or
pool rental approved by the District during school hours 71 be arranged and supervised by the
District. Any special groups special classes or rentals appc ved by the City during non -school
hours will be arranged and supervised by the City.
Other crnaiste t dailu avar�'lab>gnublic use time There are
where other public uses can be accommodated on an ongoi
schedule adult lap or Masters swim during the 8:00 am. to
periods. We doubt that an adequate number of participant:
periods to justify hiring staff and required lifeguards. (If st+
during the day.) Dropping these programs for 12 weeks di
recreational swim); for three weeks in September (high sch
in December (District maintenance); for one week during tl
recreational swim); and for three weeks in May (high schoc
program continuity and ongoing fitness training virtually itn
o year around available time slots
g basis. It is not reasonable to
2:00 noon and 1:30 to 3:00 p.m. time
mould be interested during these time
f and lifeguards can be recruited
ing the summer (instruction and
A P.E. block); for two to four weeks
Spring Break week (instruction and
P.E. block) would make any type of
Are there ether use o, ions? Seasonal classes or special ac ivieies cart and will be arranged from
time to time during each year. The City will broker time to an independent con¢racror willing to
offer new or different swim programs. City and District ca make arrangements to accommodate
any well -managed programs conducted when pool space is
j
attached: !sr draft of possible weekly pool use schedules
proposed contract revision language
t
1
£0'd SPEO e94 0S9 3DiiJ0 IXG; aSHr"s
9T:rT 665T-SZ-�J(Yd
Summer
Pool Schedule 6 19-6
25 2006
D-3:45am
Monda
Tuesday
wednesda
ThUrsda
Frida
"
5-S:45aen
Adult Lap Scrim
split w/Masflsrs
Adult La Swim
P
Adult Lap Swim
Adult La Swim
p
:Adult Lap Swim
1D
Dana-4:00 M
Staff Trainin Pdol Set-u
litw/Masters
All week
splitwlMasters
=
e
DO-1:20 ata
D-7:00 m
Swim Club
Masters
Swim Club
Masters
j
-3:®0pan
5-9.00 m
Adult La Swim
P
s lit w Masters
Adult Lap Swim
Swim Clvb
Adult Lap Swim
Swim Club
Adult La Swim
P
! Swim Club
Adult Lap Swim
Saturda.
Sunda
s Iltw Masters
is lit Masters
D-9:008M
Adult L Swlm
D-10:30ami
IOam-mean
Masters
Adult Lap Swim
Masters
*Saturday Evenings for Rec Activities/Rentals
—
bier-Fxercise.---
---
0-4:30pm
Recreation Swim
Recreation Swim—-----^-
--
-9:00 rraAdult
S lanes for la
5 lanes for la
----
La Swim
q
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a .
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ft.
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Summer v®ol SchedWe 6/26-8 18 200
g i�onda TuesdayWednesda Thursda Friday
§:00-8:4sam Adult Lap Swim Adult Lap Swim Adult Lap Swlm Adult Lap Swim Adult Lap Swim ~
7:15-8 -4sam s Iit w/Masters s ilt w/Masters p
9am-12:00 m Swim & Dive Lessons Swlm & Dive Lessons Swim &Dive LessoSwim &blue Lessons Swim lit it Dive stern
Lessons 12:00-1.20pm Adult Lap Swim Adult Lap Swim Adult Lap Swim Adult La Swim
s lit w Masters p Adult Lap Swim
3:30-3.4SPm Recreation Swim ' Recreation Swim s lit w/Masters i
5 lanes for la Recreation Swim Recreation Swim =. Recreation Swim
4:00-6:0 5 lanes for la 5 lanes for la 5 lanes for la 0pm Swim &Dive Lessons Swim & Dive Lessons Swim & Dive Lessons Swim & Dive Lessons Swim &nDive Lessons
es fbrja
5°00-�:00pm Swim Club Swim Club
6:00-6:45 m Swim Club Swim Club 1 Swim Club
Pre Corn etMm AdultPre-Ca etitive Pre -tom etitive Pre -Corn etitive Pre -Corn itive
i:00-9.001Prer Adult Lap Swim Adult Lap Swim Adult La Swim _ 7:00-9:00 m s lit w Masters p Adult Lap Swim i Adult Lap Swim
_ sPlit w/Masters solit w/Masterq•
Sattirda
6.00-9:ouam
Adult La Swim
9:00-10:30
lviasters
10:30arh-iNoon
Parent & Me (1/2 hou
Private Lessons
Water Exercise
12:30-4:30pm
Recreation Swim
5 lanes for la
3:00-9.00 etbx
F.
*5 lanes at 5:00pm for lessons/PreComp:, split With swim club 3
"Saturday Evenings for Rec.Activities/Rentals;
i m
swim ; m
r la
iwim j N
Montle
Tuesday.
Wednesday
ThursdayFreda
7:Y5-S3s45anu
Adult Lap Swim
litw/Masters
Adult Lap swim
Adult Lap Swim
Adult Lap Swim
Adult lap Swim
35:00=8:00pM
Adult Lap Swim
Adult Lap Swim
slitw/Masters
Adult Lap Swim
Adult Lap Swim
s litw/Potasters
Adult Lap Swim
ia30-4:30pm
Recreation Swim
s ilt wJMastem
Recreation Swim
Recreatlon Swim
sRttt wlMasters
Recreation Swlm
;Recreation Swim
5000-7;0®pun
S lanes Far la
Swim Club.
5 lanes for la
swim Club
5 lanes for la
swim Club
5 lanes For la
lanes for la
5ub
:00-6:45 m
7.00-9a00pm
PreCom etitive
Adult Lap Swim
PreCo etrtive.
PreCom etitive
Swim Club
PreCom etitive
! PreComi Swim �etitive
7:00-9s00 m
split w Masters
Adult Lap Swim
Adult lap Swim
Adult Lap Swim
Adult Lap Swim
split w Masters
s Iitw Masters
Sun
Parent & Me (1/2 hours)
Private Lessons
Swim
*5 lanes at 5:00pen for PmComp. , split with swiim club
"Saturday Evenings for Rec Activities/Rentals
0.
v
52:30-4:30pm
s
ttill" i , c WO iMi, ME ken) l '��
_ i i 1.�J
—
MondayTuesday
Wednesda
Thursday
Adult Lap Swim •
split w/Masters
Adult Lap swfm
Adult Lap Swim
Adult Lap Swim
Adult Lap Swim
Adult Lap Swim
s lit w/Masters
Adult Lap Swim
Adult Lap swfm
s If t w/Masters
split w/Masters
School Use
jrq
8v®®am-Se®®
M
Swim Club
Aduft Lap Swlm
Swim Club
Adult Lap Swim
Swim Club
Adult Lap Swlm
Swim Club
Adult Lap Swim
split w/Masters
-- -- -
Sa uarday
`Adult Lao swim
Masters
Parent & Me (1/2 haurs)
Private Lessons
Masters
a
w
u
a
m
m
m
N
Frida
Adult lap Swim
N
splitw/Masters
o
Adult Lap Swim
3
Swim Club
Aduft Lap Swim
lit w Masters
I
Sj
=_i
2
m
m
I m
N
, 'tL
�a•..,Tuv V=n' .'T�.:, ,:,�Yn}.',�� •,+:+�, ;;,.r .`.V•* v . Yes.:. v5 � �-b4•
of �! `^p1�„�4'frTi x°•"i 'kyrr�lii. '. .'£{37$, +5, � � � �i ^' f x'�I'' '4' t i F r dF 1 3+vJ � k
••i eisnL*}.> �� �.rt. rryy a/�s//��S { xs Cfly FJ z i sr itr`.F' T-r .+� tih.- ? rA )it,<H q-';r ''� jw ar r
r ey S rrs h
i r Y,'kl ,uib��3,r3 �r , �y i < �� 4.t ° v ,+> ,:G';:� n r v' 1 , •` h
rr-
3➢�� rin Pool Schedule 1 2® 29 2C
I Monday1-csesd� Wednesda Thursda 6:00-8:00am Adult Lap Swim Adult Lap Swim Adult lap Swim Adult Lap Swim
6:30-�:00am 5 lit w/Masters split w/Masters
11:00-1.00pen Adult Lap Swim Adult Lap Swim Adult Lap Swim Adult Lap Swim
s lit wJMasters lit w/Masters.
School Use 8:®Oam6�e®U M
�:0®-�:OO m Swim Club Swim Club Swim Club
7:00-9:00pm Adult Lap Swim Adult La Swim Swim Club
i:00-J:00 m lit . p Adult Lap Swim Adult Lan Swim
5:&30-9:3gaeai:—
`
930-11:00
11:00am-lpm
i
5:00-9:00 m
i'.
F.
Y
s w/Masters
Saturday Sunda
—4dak 6a wtrr�-------
Masters
Adult Lessons Masters 10:30-Noon
Recreation Classes
o2001
Friday
Adult Lap Swim
split w/Masters
Adult Lap Swim
Adult Lap Swlm
N
m
6a®Q-8:n0arn
`a 6r3®-
1E:00-1:®®pr
,y''. ui'"a„y�^'^Sf,7rar7.§zyQn�'„rsaWi{Y? TER, 4D"tttyxhryR"� - F
M1 is 4Y lF`�k' �Cz�upp f s,.+m'yr + �•
17
}!
ytst ti• MCSt�W"'ri'� kHA.H Ll 'xy 1 r r� y 1r
fl J+s+SN4MAN
'J. 7 l 1
Spring
Schedule 4%30- 17
2001
I ,n,'a
Adult
Tuesda
Wednesda
Thursda
Lap Swim
spilt w/Masters
Adult Lap Swim
Adult La Swim
p
Adult Lap Swim
Adult Lap Swim
Adult La Swim
p
spilt w/Masters
Adult Lap Swim
Adult Lap Swim
s lit w/Masters
school Use
8n 00amm5
split w/Masters
®®
Swim Club
Adult Lap Swim
split w/MACFAvc
Swim Club
Adult La Swim
p
v
Swim dub
Adult Lap Swim
PM
Swim Club
I Adtj* I An
Water 15 rdse
tecreatl�sse
Recreation Swim
Masters
Adult Lap
split w/M+
Adul Lt ap
Swim
Margaret and Michael G. McCaffery
360 Poett Drive
Hillsborough, CA 94010
June 29, 1999
Mary Janney
Mayor of Burlingame
Burlingame City Council
$01 Primerose Road
Burlingame, CA 94010
Thomas C. Mohr
Superintendent - Burlingame Schools
650 North Delaware
San Mateo, CA 94401
Dear Mary and Tom:
It has been great meeting both of you and working with you toward a goal of a 50-Meter
swimming pool for Burlingame. Margaret and I are both enthusiastic about our donation and the
realization of this dream. All of the city and high school professionals that we have met In this
process have been wonderful to deal with. I am particularly grateful to you, Mary and Tom, for
spear heading this effort. I know that the process is neither simple nor straightforward and I
appreciate your diligence.
I would like to express a few concerns that Margaret and I share as a result of some of our
discussions. As I have said repeatedly, please do not view resolution of these points as
contingencies for receiving our donation. But, I would like for there to be some thoughtful
discussion so that we all share a common direction and set of goals.
Timetable. We have become concerned with the amount of time involved In the process.
With all due respect to the various parties Involved and the hurdles I know you must
overcome as leaders, it seems like things are stretching out. From the beginning, 1
expressed to the two of you that we did not want this to become an ordeal for anyone
Involved. At this point, we are very concerned that further delay will lead to losing another
full school year and competitive high school season. We were all part of a discussion during
which we learned from the architect and City Manager that construction must begin in
earnest during the month of July or we risk having long delays when the rainy season begins.
Our recollection from that discussion Is that commencing construction in July would lead to a
pool opening In February, but a delay of one or two months beyond July could delay the pool
opening to Summer 2000. I understand that the current hold up Is related to 1) finalizing
Mary Janney
Tom Mohr
June 28, 1999
Page Two
the architect's drawings, 2) renegotiating with the contractor; and 3) approval of all parties.
Again, we fully understand the complexities involved In these issues. My understanding of
the current schedule of these developments leads me to conclude that any further slippage
would result in missing the 99-2000 school year. We would like to have a discussion of all
parties in the next week leading to a shared goal to settle outstanding issues, and commence
construction as soon as possible with a targeted pool opening early in the year 2000.
Sha a "Pgol Arsaue. We were all part of a meeting during which the sharing of pool usage
by the high school and community was discussed in broad, non-specific terms, Our concern
relates to the original concept of the community not using the pool during high school hours
and visa -versa. We understand that this may have made sense originally, given the funding
provided by the City and the District, and the smaller size of the pool, but restricting pool
usage In this way now seems unnecessary and will lead to less than maximal usage of pool
time. We should ail keep m mind that tha riew facility wlll tie gFeatef than 2:5 tunes the size
of the original plan. Our point of view is that the community should be accommodated
rx'-
during school hours for such activities as lap swim, swim lessons, water aerobics, etc. To the
extent that high school teams or clubs need training hours before or after school hours, this
should also be accommodated. Generally speaking, this pool can be used for multiple
activities simultaneously and there should be a strong bias toward accommodating this. We
hope that we can have a more specific discussion on this matter. To facilitate this
discussion, I will research how Bay Area communities and high schools share pool time.
Annual Maintenance Expenses. We fully understand that the Increased size of the pool
leads to higher maintenance expenses to be shared by the City and the District. However,
we have been part of a discussion during which we learned of both parties' concern and the
potential for significant periods of time when the pool might be closed to reduce expenses
and carry out maintenance, As I have said to both of you, I do not believe the City is
accurately estimating the increased revenue potential of a facility this size. In order for this
revenue potential to be realized, there needs to be an objective of accommodating multiple
activities and maximizing hours the pool can be used. The City should also consider
outsourcing community programs as a means of maximizing revenue. This Is certainly
something that merits discussion since the business of the City Is obviously not to provide
swimming lessons, water aerobics, and other adivltles per se, Again, we would welcome a
more specific discussion on this topic. As I said to Mary, we should all feel ashamed If we
build a magnificent facility like the one currently contemplated and not be able to afford to
keep it open.
Mary Janney
Tom Mohr
June 28, 1999
Page Three
I realize that we have covered a lot of ground in the above issues, but I wanted for the two of
you to understand our views. From the beginning of our discussions, I have shared with you my
own vision for this facility: to provide a swimming pool which can be used by children learning to
swim to Olympic hopefuls, and masters athletes; to provide for seniors wanting to swim or do
other forms of aqua aerobic exercise; to provide for handicapped people who enjoy so much the
freedom of the water; to teach children, high school students and adults to be water safe; to
teach children and high school students and masters athletes to play and compete in water polo;
to have scuba divers in the deep end of the pool; and finally to provide a beautiful facility that
the community will enjoy and be proud of for generations.
Thank you for your thoughtfulness and diligence.
Yours truly,
0�Qrz�
MargarettM.BMcCaffery
I r
Michael G. McCaffery
cc: Jerry Arrlgoni — Principal Burlingame High School
Joe Galligan — Burlingame City Council
Rosalie O'Mahoney — Burlingame City Council