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CITY COUNCIL AGENDA ITEM NO. 14


Meeting Date: July 22, 2008

Subject/Title: Adopt a Resolution approving a revised Agreement between City of Brentwood and Brentwood Union School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement and authorize the Director of Finance and Information Systems to facilitate internal loans for the payment of $1,500,000 for reimbursing a portion of the acquisition and construction costs of J. Douglas Adams Middle School Gymnasium

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation


RECOMMENDATION
Adopt a Resolution approving a revised Agreement between City of Brentwood and Brentwood Union School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement and authorize the Director of Finance and Information Systems to facilitate internal loans for the payment of $1,500,000 for reimbursing a portion of the acquisition and construction costs of J. Douglas Adams Middle School Gymnasium.

PREVIOUS ACTION
On June 22, 1993, City Council approved Resolution No. 93-136, approving the joint use agreement between the City of Brentwood and Brentwood Union School District related to the Bristow Middle School Multi-Use Building.

On July 22, 1997, City Council approved Resolution No. 97-164 approving the joint use agreement between the City of Brentwood and Brentwood Union School District related to Edna Hill Middle School Gymnasium.

On September 18, 2001, City Council approved a revised agreement between the City of Brentwood and Brentwood Union School District related to Joint Use Facilities.

On January 8, 2002, City Council approved Resolution No. 2433 approving a joint use agreement between the City of Brentwood and Brentwood Union School District for Garin Elementary School Multi-Purpose Room facility.

On May 25, 2004, City Council approved three resolutions of support for joint use facilities between the City of Brentwood and Brentwood Union School District for Pioneer Elementary School (Resolution No. 2004-117), Grant Street Elementary School (Resolution No. 2004-116), and American Avenue Middle School (Resolution No. 2004-115).

On June 22, 2004, City Council approved Resolution No. 2004-155, approving the joint use theater facility between the City of Brentwood and the Brentwood Union School District at Edna Hill Middle School.

On May 10, 2005, City Council approved Resolution No. 2005-99 for addendums to the joint use facilities agreements as approved on May 25, 2004.
BACKGROUND
With the completion of the Edna Hill Gymnasium, staff worked with the City Attorney and Brentwood Union School District (BUSD) staff to revise a master joint use agreement. The purpose was to establish a master agreement between the City and BUSD that covered the legal aspects of the relationship that for the most part, would rarely require change. Exhibits were attached related to rules and regulations for use of school facilities and school district fees that could be updated on an as-needed basis. This agreement was approved by City Council on September 18, 2001.

The Joint Use of Facilities agreement accomplishes a number of specific things:

• It outlines the legal agreement between the City and BUSD as indicated in the Education Code of the State of California that authorizes cities, counties and public school districts to organize promote and conduct such programs of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of the State.
• Provides specific guarantees for the City use of the joint use facilities that were partially built with City funds: Bristow Middle School gym; Edna Hill Middle School gym; and J. Douglas Adams Middle School gym. In addition, the BUSD will charge the City the Group I (non-profit) rate at Garin, Marsh Creek and Pioneer Elementary School Multipurpose rooms.
• Identifies a number of current City facilities/equipment that the BUSD will be able to use to conduct School and community programs and activities.
• Provides for both the City and BUSD to use each others facilities/equipment at no charge related to the normal use fee. The agreement allows each agency to recover staff costs if those are required during use of the facilities/equipment.
• As a partner in the joint use of facilities, the City will pay one-third (1/3) of the yearly cost as outlined on Exhibit E4-A Joint Use Facilities Capital Replacement/Major Maintenance Schedule for fiscal years 2008/2009, 2009/2010 and 2010/2011 and will be reviewed again in January 2011 and amended by mutual consent to become effective for fiscal years 2011/2012 and 2012/2013.
• Stipulates the agreement to continue on a fiscal year to fiscal year basis, so long as the Parties are not in breach and appropriate sufficient funds for the agreement.
• A major change to this new agreement is that the City will no longer be the lead agency for rental of Bristow and Edna Hill Middle School gymnasiums for the community. At the request of BUSD, it will now be the responsibility of the BUSD to rent their own facilities to the public. In the past, the City has booked the school facilities on behalf of the BUSD with an on-going discussion as to how to be reimbursed for this service. With BUSD taking the rental responsibilities back, the City will now received free use of the joint use gymnasiums in which the City was a 1/3rd partner in building, in exchange for being a 1/3rd partner in capital replacement for those facilities.

The City agrees to grant to BUSD an amount equal to $1,500,000 toward the cost of acquisition and construction of the J. Douglas Adams Middle School Gymnasium. BUSD agrees that such funds shall be used solely for capital costs of the acquisition or construction of the Grant Facilities and not for any other purpose. BUSD understands and agrees that funds for this grant may be provided by the City from proceeds of bonds issued for the CFD and agrees that BUSD will own and operate the facility, subject to the terms of the Joint Use of Facilities Agreement.

As stated in the adopted 2007/08 – 2011/12 Capital Improvement Program Budget, BUSD Joint Use Community Gymnasium, the $1,500,000 will be funded through a Community Facilities District (CFD) bond. Until such time that the bond has been issued, the Director of Finance and Information Systems will need the ability to facilitate internal loans to pay the $1,500,000 to the BUSD.

City and BUSD designated staff will meet to review actual use of BUSD facilities by the City for school year 2008/09. City and BUSD staff will continue to meet on a yearly basis in June to determine actual use during the proceeding year.

Due to continued growth in the City and BUSD, having a joint use agreement between the two agencies allows both agencies to better serve the members of our community. It also formalizes what has been a very good long term working relationship between the City and BUSD. BUSD will take the Joint Use of Facilities Agreement to the Brentwood Union School District Board for approval on Wednesday, July 23, 2008.

FISCAL IMPACT
There is no impact on current budgets as the City and BUSD will be using each others facilities at no cost. The City will pay one-third (1/3) of the yearly cost as outlined on Exhibit E-4A Joint Use Facilities Capital Replacement/Major Maintenance Projected Schedule. The $1,500,000 payment to Brentwood Union School District will ultimately be funded through CFD bonds and until that time will require internal loans.

Attachment:
Resolution
Joint Use Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO SIGN A REVISED AGREEMENT BETWEEN CITY OF BRENTWOOD AND BRENTWOOD UNION SCHOOL DISTRICT RELATED TO JOINT USE OF FACILITIES AND AUTHORIZING THE DIRECTOR OF FINANCE AND INFORMATION SYSTEMS TO FACILITATE INTERNAL LOANS PAYMENT OF $1,500,000 FOR REIMBURSING A PORTION OF THE ACQUISITION AND CONSTRUCTION COSTS OF J. DOUGLAS ADAMS MIDDLE SCHOOL GYMNASIUM

WHEREAS, the City of Brentwood and the Brentwood Union School District have a long standing relationship of building joint use facilities; and

WHEREAS, on June 22, 1993 by Resolution No. 93-136 City Council approved the joint use agreement between the City of Brentwood and Brentwood Union School District related to the Bristow Middle School Multi-Use Building; and

WHEREAS, on July 22, 1997, by Resolution No. 97-164 City Council approved the Joint Use Agreement between the City of Brentwood and the Brentwood Union School District related to Edna Hill Gymnasium; and

WHEREAS, on September 18, 2001, City Council approved a revised agreement between the City of Brentwood and Brentwood Union School District related to Joint Use Facilities; and

WHEREAS, on January 8, 2002, by Resolution No. 2433 City Council approved a Joint Use Agreement between the City of Brentwood and Brentwood Union School District for Garin Elementary School Multi-Purpose Room facility; and
WHEREAS, on May 25, 2004, City Council approved three resolutions of support for joint use facilities between the City of Brentwood and Brentwood Union School District for Pioneer Elementary School (Resolution No. 2004-117), Grant Street Elementary School (Resolution No. 2004-116), and American Avenue Middle School (Resolution No. 2004-115); and

WHEREAS, on June 22, 2004, by Resolution No. 2004-155 City Council approved the joint use theater facility between the City of Brentwood and the Brentwood Union School District at Edna Hill Middle School; and

WHEREAS, on May 10, 2005, by Resolution No. 2005-99 City Council approved for addendums to the joint use facilities agreements as approved on May 25, 2004.

WHEREAS, the City of Brentwood and the Brentwood Union School District intend to revise and enter into a Joint Use Agreement in accordance with the California Education Code Section 17077.40 et seq. regarding use of the facilities described above; and

WHEREAS, the City of Brentwood and the Brentwood Union School District intend that the Joint Use Agreement will specify the method of sharing capital replacement costs, relative responsibilities for the operation and staffing of the facility, and the manner in which the safety of the pupils and community will be ensured; and

WHEREAS, the City of Brentwood and the Brentwood Union School District intend that the facility will be used to the maximum extent possible for both school and community purposes; and

WHEREAS, the adopted 2007/08 – 20011/12 Capital Improvement Program Budget, BUSD Joint Use Community Gymnasium, shows $1,500,000 will be funded through a Community Facilities District (CFD) bond; and

WHEREAS, until such time that the CFD bond has been issued, the Director of Finance and Information Systems will need the ability to facilitate internal loans to pay the $1,500,000 to the Brentwood Union School District.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Brentwood does hereby:
1. Approve and authorize the City Manager to execute the Joint Use of Facilities Agreement with Brentwood Union School District.
2. Authorize payment of $1,500,000 to Brentwood Union School District for reimbursing a portion of the acquisition and construction costs of J. Douglas Adams Middle School Gymnasium.
3. Authorize the Director of Finance and Information Systems to facilitate internal loans.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on July 22, 2008 by the following vote: 
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