Long Beach, CA
File #: 14-0920    Version: 1 Name: PRM - Joint Use Agrmnt for LBUSD's use of Houghton Park D9
Type: Contract Status: CCIS
File created: 10/16/2014 In control: City Council
On agenda: 11/11/2014 Final action: 11/11/2014
Title: Recommendation to authorize City Manager to execute a Right-of-Entry Permit with the Long Beach Unified School District to rehabilitate the baseball field and soccer field overlay at Houghton Park, for a term of one year, with one, one-year renewal option at the discretion of the City Manager or his designee; and execute a Joint Use Agreement with the Long Beach Unified School District for its use of the improved baseball field at Houghton Park for a term of 50 years, and the improved soccer field overlay for a term of seven years. (District 9)
Sponsors: Parks, Recreation and Marine
Indexes: Permits, Right of Entry Agreement
Attachments: 1. 111114-R-24sr&att.pdf
Related files: P-00061_000, 16-0789
TITLE
Recommendation to authorize City Manager to execute a Right-of-Entry Permit with the Long Beach Unified School District to rehabilitate the baseball field and soccer field overlay at Houghton Park, for a term of one year, with one, one-year renewal option at the discretion of the City Manager or his designee; and execute a Joint Use Agreement with the Long Beach Unified School District for its use of the improved baseball field at Houghton Park for a term of 50 years, and the improved soccer field overlay for a term of seven years.  (District 9)
 
DISCUSSION
In 1979, the Parks and Recreation Commission (Commission) authorized the Long Beach Unified School District (LBUSD) to make improvements to the baseball field at Houghton Park, located at 6301 Myrtle Avenue, in exchange for exclusive use of the baseball field under a 55-year Joint Use Agreement, City of Long Beach Contract No. 16350.  
 
On January 9, 2014, the Commission approved LBUSD's request to complete several maintenance improvements to the Houghton Park baseball field so that Jordan High School (Jordan) students could use the field while initial construction began on the Jordan site and a new Joint Use Agreement could be negotiated.  LBUSD is currently in the process of implementing a Master Plan for Jordan and, over the next seven years, plans to renovate the buildings, construct a new swimming pool, expand the running track, and renovate the sports fields.  As there is not enough room to both expand the campus and accommodate a baseball field, LBUSD would like to partner with the City of Long Beach (City) to use the Houghton Park baseball field during and after school hours for baseball and softball activities, in exchange for an extensive rehabilitation of the field.  Houghton Park and Jordan share a common border, which makes it convenient for students to use park facilities before, during, and after school hours.
 
On June 12, 2014, the Commission approved the rehabilitation and rotation design of the Houghton Park baseball field with a soccer field overlay (Project), and recommended that the City Council approve a Right-of-Entry Permit with LBUSD to assist in the completion of the Project.  LBUSD estimates the cost of the project to be at least $250,000, with all improvements becoming the property of the City.  The Project will be funded through LBUSD's statutory pass-through payments from the Redevelopment Property Tax Trust Fund of the Long Beach Successor Agency.  Utilization of this pass-through funding requires a new Joint Use Agreement that specifically describes how LBUSD will use the facilities developed with the funding.  
 
On August 21, 2014, the Commission recommended that the City Council approve the execution of a new Joint Use Agreement with LBUSD for use of the improved Houghton Park baseball field for a term of 50 years, and for use of the improved soccer field overlay for a term of seven years.  The enhancements to both field locations (Attachment) will provide improved recreational and educational opportunities to park users and Jordan students.
 
The proposed Right-of-Entry Permit shall contain the following provisions:
 
·      Term:  One year, with one, one-year renewal option at the discretion of the City Manager or his designee.
 
·      Houghton Park Baseball Field:  LBUSD proposes to rotate the baseball field home plate and install a new infield, new fencing, irrigation, concrete pads for storage containers and dugouts, and concrete paths.  The new field will accommodate a soccer field overlay on the baseball outfield.  All improvements to the fields would be completed and paid for by LBUSD.
 
·      Insurance:  LBUSD and its agents shall provide insurance as mutually agreed upon by LBUSD and the City's Risk Manager.
 
The proposed Joint Use Agreement shall contain the following provisions:
 
·      Term:  The term of the Joint Use Agreement for the baseball field will be 50 years, and the term of the Joint Use Agreement for the soccer field overlay (on the baseball field) will be seven years.
 
·      Houghton Park Baseball Field:  In exchange for completing improvements to the baseball field, LBUSD shall have exclusive use of the field on weekdays from September 1 to May 31 of each year, from dawn until 6:00 p.m.  The City shall have exclusive use of the baseball field at all other times, and shall have daytime use of the field during spring break, if activities can be scheduled around LBUSD baseball practices and games.
 
·      Houghton Park Soccer Field Overlay:  In exchange for completing improvements to the soccer field, LBUSD shall have exclusive use of the field on weekdays from September 1 to May 31 of each year, from dawn until 6:00 p.m.  The City shall have exclusive use of the soccer field at all other times, and shall have daytime use of the field during spring break, if activities can be scheduled around LBUSD baseball practices and games.
 
·      Maintenance:  LBUSD shall be responsible for all field maintenance and irrigation repairs during its use period of September through May of each year, as well as any maintenance down time.  The City shall be responsible for all field maintenance and irrigation repairs during its use periods.
·      Maintenance Down Time:  A mutually agreed upon period of four weeks at the end of the school year (preferably June) and at one other time (preferably December), will include no scheduled activities by either party in order to allow LBUSD time to conduct specific maintenance to ensure the long-term health of both fields.
 
·      Fencing:  During baseball season, LBUSD shall be responsible for installing temporary fencing as it deems necessary.  LBUSD shall be responsible for removing the temporary fencing at the end of each day.
 
·      Damage:  LBUSD shall be responsible to repair any damage resulting from its use of the fields.  The City shall be responsible to repair any damage not caused by LBUSD's use of the fields.
 
·      Additional Maintenance or Alterations:  Any additional maintenance or alterations proposed by LBUSD shall be at its expense, and must be submitted, in writing, to the Director of Parks, Recreation and Marine or his designee, at least 48 hours in advance.  Approval of maintenance requests shall not be unreasonably withheld.
 
·      Utilities:  The City shall be responsible for all utilities.  
 
·      Insurance:  LBUSD and its agents shall provide insurance as mutually agreed upon by LBUSD and the City's Risk Manager.
 
This matter was reviewed by Deputy City Attorney Kendra L. Carney on October 15, 2014, and by Budget Management Officer Victoria Bell on October 16, 2014.
 
TIMING CONSIDERATIONS
City Council action is requested on November 11, 2014, in order to allow the Long Beach Unified School District to begin the process of rehabilitating the Houghton Park baseball field for use by Jordan High School as soon as possible.
 
FISCAL IMPACT
No fiscal impact is anticipated as a result of the recommended actions.  Future field maintenance costs shall remain the same each year as both LBUSD and the City are maintaining the fields.  The recommended action will result in a positive impact on jobs, although the exact number is unknown at this time.
 
SUGGESTED ACTION
Approve recommendation.
 
 
Respectfully Submitted,
 
GEORGE CHAPJIAN
DIRECTOR OF PARKS, RECREATION AND MARINE
 
 
APPROVED:
 
PATRICK H. WEST
CITY MANAGER