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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 - ° , j ............ _ ...... 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 r •. .yr.: Yr.,y.v.�; ....•, .v .:h4r.'L-1. r:`•... v:.'S.'ti. .)iM1,!.W.r.. .. .y. ", r.... :.:.. .... ...:. �.'.i.._,.,.: r.r. fr .+ hi. � - ♦ ( a. i -� y ... .. :'d' c:fP� �,:i• '. t. � r�r^^,"•• ff5.'.. �:.''� ra .: Y � he4 v J t,f�{ "``.c rjir .� •a 'U' rxa -a 3 " i r ': �. ' +� ,.�. i 'ri• �!^7 � � A{. q � �'r .'x .r ' e�rS'.��e?.tci`J.z. e ,Cr (X' t t. � . t , a . 1Y h "Y��r J': 4'�"�•�,��i .Y`�' '1 .�"� 6tf.- 3�rC 4't3•r�wcy�' �a� �v�?.� y1�«i L���r a$"nY l+f�:Y::•'._'!•i/�'Y... F.r�i1.,, >!>.% - ':"g� :Yv„i:.� ;Y.'' f..`' ., i.. &•1;•, y hS�T,T��t,:ai�.t '+�.�; ,rfyi.�i"r �m9•�„- -%" ,n-'. ,kA1. YfuV aImo�. .ry,:9 tv',r.al:Ly]?r�.�{ v� 9 f fit;:, ,„s�.; .,��. 9h,' t'�' r .+ a. '�, 9 5.: '� r: !G1 b�*r"' � N.-:. �'.ri �' .I a � 4 ems, y}__ rr:s.yvv�i$. +�i4�?.;a.C� 1$...'�L?h r �. Pr�a.' r�J /. � �i�.�ir'Y1y . �;`:•h'-:!c`<}�:•'I.n• � ft. f • i m 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