HomeMy WebLinkAboutC-2273 - Landscape Maintenance & Additional Groundsman Gardener I PositionDATE 6 -30 j 1981
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2273
Description of Contract
Newport Beach - Newport Mesa Unified School District
Landscape Maintenance/Facilities Use
Effective date of Contract
Authorized by Resolution No. 10085 r adopted on 6 -22 -81
Contract with Newport Mesa Unified School District
Adress P.O. Box 1368
- Newport Beach, Ca. 92663
Amount of Contract$ See Contract
r7
WANDA E. ANDERSEN
City Clerk
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
5 -81
June 22, 1981
By +he Qiy CUUNCIL CITY COUNCIL AGENDA
CITY `FORT BEACH ITEM NO. I- -oi
TO: MAYOR AND CITY COUNCIL
FROM: Parks, Beaches and Recreation Director
SUBJECT: AGREEMENT TO PROVIDE SCHOOL DISTRICT FACILITIES FOR LANDSCAPE
MAINTENANCE SERVICES
RECOMMENDATIONS:
1. Adopt Resolution No. authorizing the Mayor and
City Clerk to execute the subject agreement with the
Newport -Mesa Unified School District.
2. Authorize the addition of one permanent Groundsman
Gardener I to the Parks, Beaches and Recreation Department.
BACKGROUND:
On September 22, 1980, the City Council approved in concept the proposal
to provide specified landscape maintenance on elementary school sites
that are adjacent to City parks for a waiving of fees associated with
the use of school facilities for community recreational purposes. The
concept staff report is attached for information purposes.
The agreement has been prepared by our Attorney's office and now approved
by the Newport -Mesa Unified School District Board of Trustees. Executing
the agreement and authorizing the personnel needed to implement the
conditions of the agreement will allow an equitable use of public school
facilities to occur.
Ronald A. Whitley
RAW: ma
Attachment
r 0
September 22, 1980
CITY COUNCIL AGENDA
ITEM NO. [7 -1
TO: MAYOR AND CITY COUNCIL
FROM: Parks, Beaches and Recreation Director
SUBJECT: NEWPORT —MESA UNIFIED SCHOOL DISTRICT FACILITY USE
FEES LANDSCAPE MAINTENANCE TRADE OFF CONCEPT
RECOMMENDATION:
Approve of the landscape maintenance - school facility
use trade concept to be formalized by agreement between
the City of Newport Beach and the Newport -Mesa Unified
School District and;
authorize a new position of Groundsman Gardener I to
perform required work to implement concept.
BACKGROUND:
The City of Newport Beach Parks, Beaches and Recreation Depart-
ment has been the primary user of Newport -Mesa Unified School
District facilities under the Civic Center Act for many years.
In addition to our own recreation programs, our department co-
ordinates school facility use for several non - profit youth
athletic organizations in the city. In the past the Civic Center
Act provided supplemental funds for M & O costs relating to the
use of school facilities by outside groups. With the passage of
Proposition 13 the Community Center Tax could no longer be levied,
which caused the Newport -Mesa Unified School District to institute
a facility use fee to cover M & O costs incurred by outside users
of school facilities.
The implementation of user fees by school districts has become a
common practice in California since the passage of Proposition 13.
In most cases these fees pay for the costs of maintaining and
operating school facilities after normal operating hours for non -
school activities. Local governments and school districts have
also been able to institute cost effective trade offs in services
to reduce maintenance and operating costs. Cities and schools
exchange facility use, maintenance services, equipment and sup-
plies; and as a result mutually waive user fees for the use of
their respective facilities. Locally the cities of Costa Mesa,
Fountain Valley, Garden Grove, Huntington Beach, Santa Ana and
Anaheim have negotiated similar trade -offs with the Ocean View,
Garden Grove, Huntington Beach High School, Newport -Mesa and
Anaheim Union High School Districts.
0
Page 2
September 22, 1980
0
On April 8, 1980 the Newport -Mesa Unified School District
Board of Trustees approved a new fee schedule for facility use
by Civic Center Act groups including the City of Newport Beach.
The effect of these new fees on existing programs which depend
on school facilities will be significant. In all cases it will
require increased fees to participants, and in some cases it
will cause the program to be eliminated. Because of the an-
ticipated impact of increased fees to be assumed by users,
several alternatives have been analyzed to solve the problem.
The solution that appears to be the most viable and acceptable
to all parties is an agreement to a trade off concept whereby
the City would provide landscape maintenance service to the
District in lieu of facility fees.
TRADE -OFF CONCEPT DISCUSSION:
The cost of providing landscape maintenance service to the
Newport -Mesa Unified School District on school sites that are
adjacent to City park facilities has been determined as:
Newport Elementary
Mariners Elementary
Eastbluff Elementary
Anderson Elementary
and tree trimming for schools within
Newport Beach
Estimate of time for mowing,
edging and tree trimming 30 hrs /week
44 times per year due to
weather, etc. Hours: 1320
Labor cost including fringe
benefits - $10.00 /hr Cost: $13,200
Estimate of equipment cost
per year $ 1,200
TOTAL $14,400
Through facility use fees charged to all of our self supporting
programs sufficient revenue has been generated to cover the
required maintenance cost. Implementation of the trade -off
concept will provide school facility use at an acceptable cost
level that is similar to the rate as negotiated in the past.
The capability of generating revenue to offset maintenance
service costs provided to the Newport -Mesa Unified School District
in lieu of facility use fees creates a viable, fair situation
that will continue the availability of public school facilities
for recreation and community services at no increase in cost.
0
Page 3
September 22, 1980
11
The Parks, Beaches and Recreation Commission at their meeting
of September 9, 1980 unanimously voted in favor of the concept
and recommends that the City Council endorse the concept to
facilitate implementation of the agreement.
��4#6td7
Ronald A. Whitley
RAW: ma
0 A G R E E M E N T
City of Newport Beach /Newport -Mesa Unified School District
Landscape Maintenance /Facilities Use
THIS 14th day of April , 1981, the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred to
as "City," and NEWPORT MESA UNIFIED SCHOOL DISTRICT, hereinafter
referred to as "District," mutually agree as follows:
WITNESSETH:
• WHEREAS, District owns and maintains certain school
facilities within the City of Newport Beach; and
WHEREAS, City desires to use said facilities for commu-
nity recreational purposes, at the direction of the Parks,
Beaches & Recreation Department of the City of Newport Beach; and
WHEREAS, District has adopted a Schedule of Public
Agency Use of School Facilities Fees and Charges; and
• WHEREAS, the parties desire that City perform certain
tree- trimming and landscape maintenance services to District
Page 1 of 6
REF. 21.0
• facilities, as hereinafter set forth, in exchange for District's
waiver of all use fees established by the Schedule of Fees and
Charges for Public Agency Use of School Facilities (Board Policy
No. 7410); and
WHEREAS, City and District have entered into a Joint
Powers Agreement regarding the use of School District facilities
by City, which Agreement is not being amended or altered by vir-
tue of this Agreement; and
• WHEREAS, District and City have reviewed the terms and
conditions of this Agreement and find them to be in the best
interest of each agency and to the public served by each agency,
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
1. Introduction. In an effort to increase cooperation
between City and District, in a time of limited financial
resources, District and City have entered into this Agreement to
• provide for an exchange of services for use of facilities, as
hereinafter set forth.
Page 2 of 6
REF. 21.1
Page 3 of 6
REF. 21.2
•
2. Obligation of Parties.
A. City shall:
(1) Provide landscape maintenance services to
the following school sites, adjacent to City park
facilities:
(a) Newport Elementary;
(b) Mariners Elementary;
(c) Eastbluff Elementary;
(d) Andersen Elementary.
(2) The maintenance services to be performed
•
by City hereunder shall consist of:
(a) Mowing of turf weekly;
(b) Edging bi- weekly.
(3) Provide tree - trimming services to all
District schools located within the City limits of
the City of Newport Beach as needed, but in accor-
dance with established Parks, Beaches and Recrea-
tion Department staffing and workload priorities.
B. District shall:
(1) Provide school facilities for community
•
recreational purposes, as requested by the Parks,
Beaches and Recreation Department of City.
District shall waive all use fees and charges, as
Page 3 of 6
REF. 21.2
0 0
• established by the Schedule of Fees and Charges for
Public Agency Use of School Facilities (Board
Policy No. 7410), as adopted by District, and as
Schedule of Fees and Charges may hereinafter be
amended.
3. Term. This Agreement shall commence on the date of
execution hereof by both parties. The Agreement shall continue
on a year -to -year basis unless terminated upon ninety (90) days,
prior written notice given by one party to the other.
Page 4 of 6
REF. 21.3
4. Indemnification /Hold Harmless.
A. Pursuant to section 895.4 of the California
Government Code, City shall indemnify and save harmless
District from and against any loss, damage, claim or
harm for bodily injuries, including death, or damage to
property caused by negligent acts or omissions of City,
or its employees, subcontractors or suppliers, in
connection with the performance of this Agreement.
B. Pursuant to the provisions of section 895.4 of
the California Government Code, District shall indemnify
and save harmless City from and against any loss,
damage, claim or harm for bodily injuries, including
Page 4 of 6
REF. 21.3
• death, or damage to property caused by negligent acts or
omissions of District, or its employees, subcontractors
or suppliers, in connection with the performance of this
Agreement.
5. Amendment. Any amendment to this Agreement requires
approval by the legislative body of each party hereto.
6. Scheduling. Each party hereto shall cooperate with
the other in scheduling work, programs and classes hereunder, to
40 alleviate inconvenience and scheduling difficulties to the other
party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH
• BY Ci(
ayo
Page 5 of 6
REF. 21.4
0
• ATTEST:
L`
City Clerk
0
APPROVED AS TO FORM:
City Attorney
•
0
CITY
NEWPORT MESA UNIFIED SCHOOL
DISTRICT
Page 6 of 6
REF. 21.5
W. Nicoll
tary, Board of Education
DISTRICT
a • •
� -7
NEWPORT -MESA Unified School District
post office box 1368 a newport beach. California 92663 a !714' 760 -3200
JOHN W. NICOLL, Superintendent.
April 14, 1981 side letter of agreement
Mr. Robert L. Wynn, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92663
Dear Bob:
The Board of Education considered the proposed agreement with the
City of Newport Beach for mutual exchange in the matter of lands-
cape maintenance and use of facilities, at its meeting held on
April 14. It was noted that the definition of paragraph three of
page one of the agreement on the part of the Board of Education
does not indicate expanded agreement beyond the Parks, Beaches,
and Recreation Department's use of District facilities for commun-
ity recreational purposes which would benefit the public at large.
Further, that any subletting of District facilities would first be
referred to the School District for approval.
With confirmation of this understanding, and the inclusion of this
letter as a side letter to the agreement, the agreement has the
approval of the Board of Education, and a signed copy will be
furnished to you.
Cordially,
W7 73 11
ntendent of Schools
• V
cc: Kenneth L. Wayman
Norman R. Loats
Raymond R. Schnierer
OFFICE OF THE SUPERINTENDENT
1601 SIXTEENTH STREET— NEWPORT BEACH, CALIFORNIA 92663 —PHONE (714) 760.3600
RESOLUTION NOX0 08'5~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING AN
AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL
DISTRICT REGARDING LANDSCAPE MAINTENANCE
AND FACILITIES USE
WHEREAS, Newport -Mesa Unified School District
(hereinafter "District ") owns and maintains certain school
facilities within the City of Newport Beach (hereinafter "City ");
and
WHEREAS, City desires to use said facilities for commu-
nity recreational services, at the direction of the Parks,
Beaches & Recreation Department of City; and
WHEREAS, District has adopted a schedule of public
agency use of school facilities, fees and charges; and
WHEREAS, the District and City desire that City perform
certain tree trimming and landscape maintenance services to
District facilities, as set forth in the Agreement, in exchange
for District's waiver of all use fees established; and
WHEREAS, City and District have previously entered into
a Joint Powers Agreement regarding the use of school district
facilities by City, which Agreement is not being amended or
altered by virtue of this Agreement; and
WHEREAS, District and City have reviewed the terms and
conditions of said Agreement and find them to be in the best
interest of each agency and the public served by each agency;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement between the City of
Newport Beach and Newport -Mesa Unified School District for land-
scape maintenance and facilities use be and it is hereby
approved. The Mayor and City Clerk are hereby authorized and
directed to execute said Agreement by and on behalf of the City
of Newport Beach.
ADOPTED this
ATTEST:
y Cler
day of JUN 2 2 4 1981.
Mayor
F
HRC /pr
6/22/81