Discussion of Facilities Preservation Fee proposal

Transcription

Staff Report Page 1
City of Piedmont
COUNCIL ACTION REPORT
DATE:
June 7, 2010
FROM:
Mark Delventhal, Director of Recreation
SUBJECT:
FACILITY USE DISCUSSIONS WITH PIEDMONT
UNIFIED SCHOOL DISTRICT
RECOMMENDATION:
Receive the information contained in this report and authorize the Mayor and City
Administrator to meet with the School Board President and School Superintendent
regarding this matter.
BACKGROUND:
First negotiated and agreed to in 1984 and most recently re-negotiated in 2005, the City
of Piedmont and the Piedmont Unified School District have been parties to an
Agreement for Joint Use of Facilities for 25 years (attached). This agreement
established a partnership between the City and PUSD governing facility use. The City
agreed not to impose fees on PUSD for use of city facilities and PUSD agreed to do the
same. The agreement also established and granted priority use to one another. In
addition, the agreement established priority to city youth basketball programs over adult
school programs November through March each year.
CURRENT SITUATION:
In March, the Mayor and Councilmember Keating met with School Board Members Ray
Gadbois and Rick Raushenbush along with city and school staff. At this meeting, Mr.
Raushenbush expressed his serious concerns about the funding of a new synthetic field
surface and track at Witter Field. Expected to be in need of replacement in or about
2015, Mr. Raushenbush and Mr. Gadbois informed the city that funding for such
replacement was not likely to be available in the PUSD budget now or anytime in the
near future. Mr. Raushenbush then presented a plan for funding the replacement costs
through the development of a “sinking fund” to be funded through, among other sources,
the imposition of fees on the City of Piedmont for use of school facilities. The City,
through the Mayor and City Administrator, expressed concerns regarding the basis for
such a plan, the long standing relationship and existing Use Agreement and the obvious
issue of the likely imposition of city fees on PUSD for their use of city facilities.
The School Board considered this matter at their meeting of May 25. Their consideration
included a recommendation from Mr. Raushenbush (and the Facilities Sub Committee)
that the PUSD “give the city written notice of termination of the existing Facilities Use
Staff Report Page 2
Agreement” and “instruct District Staff and the Subcommittee to negotiate a new
Facililities Agreement with the City consistent with the recommendations above, update
the Board on the status of negotiations, and present the proposed new Agreement to the
Board for approval” and “instruct District Staff to evaluate the District scheduling
procedures, use of ‘open access’ reservations; and for profit clinics hosted by PUSD
athletic teams, with an intent to provide access to an extent consistent with the District’s
own usage”.
Both Mayor Barbieri and City Administrator Grote testified before the School Board and
urged them to maintain the Facilities Use Agreement (which has been in place for some
25 years) and proposed an alternative concept for funding the replacement of Witter
Field/Track, Beach Field and the new Havens Field as well as possibly other facilities.
The concept presented would call for the establishment of a “surcharge” on all or most
facility users, from which the revenue collected would be placed in a “sinking fund”
specifically intended for facility repair and/or replacement including Witter Field. The
logistics and details would be worked out between the City and PUSD. Although several
members expressed their displeasure with this “surcharge” concept, the Board did
continue the matter to their June 9 meeting and did not take action on the proposed
termination of the agreement with the City.
ATTACHMENTS:
Attached please find my June 2 letter to Assistant Superintendent Brady that includes
seven (7) charts prepared by the Recreation Department. These charts estimate the
impacts of the PUSD concept of imposing fees for use of facilities. Four (4) of the charts
detail various “surcharge” concepts.
These charts are based upon all city use of school facilities and all PUSD use of city
facilities. We understand that Mr. Raushenbush’s plan to impose fees is based on sports
facilities only. City staff wanted to provide the City Council with a more comprehensive
look at facility use. However, upon City Council instruction, this information can be
readily changed to include sports facilities only.
These calculations were necessary because such charges have not been imposed in the
past, and basic data and information is needed in order to thoroughly consider this matter.
Chart A:
Fees to be paid by the City to PUSD if facility use fees were to be imposed.
Chart B:
Five (5) scenarios for fees to be paid by PUSD to the City.
Chart C:
Impact on current fees for PMS and Elementary basketball participants to fund facility
use charges.
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Staff Report Page 3
Chart D:
“Surcharge” scenario for PMS Sports fees and other Recreation Dept. programs using
PUSD facilities.
Chart E:
Impact on PMS Sports Fees with a “surcharge”.
Chart F:
“Surcharge” concept for all community sports fees including PMS Sports and Recreation
Dept. program participants using PUSD facilities.
Chart G:
“Surcharge” concept for all community sports fees including PMS Sports Fees and all
Recreation Department programs participants.
ANALYSIS:
As Chart A indicates, if fees were to be imposed on the city for use of PUSD facilities,
over $50,000 out of the $70,000 would be for gymnasium use. This use constitutes the
bulk of the city use of PUSD facilities.
Chart C indicates the impact on participant fees if charged on a “pass thru” basis as
proposed by Mr. Raushenbush. Elementary basketball fees would rise from $140 to $236
(+$96/68%) while PMS basketball fees would increase from $260 to $390 (+$130/50%).
These are significant increases, especially from one year to the next. And the $50,000,
all of which comes from gymnasium use, would be used to fund the Witter Field/Track
replacement.
This matter, which was brought to the City in March by PUSD, obviously resulted in the
City taking a look at PUSD use of city facilities. Once again, our examination of the use
was done on the basis of all use, not just sports facilities. This included use of the PUSD
Dance Studio, auditoriums, PMS MPR, classrooms as well as the PUSD use Community
and Veterans Halls, Tennis Courts and Pool use. This analysis can readily be done for
sports facilities only upon City Council request.
Chart B details City fees to be imposed on PUSD for use of City facilities. Five (5)
scenarios are listed ranging from $16,210 up to $91,760, depending upon the
methodology and basis for imposing fees. Scenario 1 is based on tennis court hourly fees
of $4.00 per hour. As previously stated, the City Council is considering tennis court fee
increases as a part of the 2010-2011 Budget as these fees have not been increased since
2004. PUSD facility fees were last adjusted in July, 2007 according to the PUSD fee
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Staff Report Page 4
schedule (attached). It should be anticipated that PUSD may adjust their fees in the not to
distant future.
Also on Chart B, please note that the charge for use of the tennis courts in Scenario 2 is
based on the Davies Tennis Stadium hourly rate of $8.00. Scenarios 3 – 5 would impose
an hourly rate of $15.50 for tennis courts which is the same amount the City would be
charged by PUSD for City use of Witter Track for the PMS Cross Country and Track
programs. PUSD use of the Community and Veterans’ Halls would be charged at $27
per hour which is the same amount the City would be charged by PUSD for City use of
the PMS MPR.
Finally, also on Chart B, PUSD use of the city owned pool would be charged at $15.00
per hour per lane with an average of 3 lanes used per hour in Scenario 4 and 4 lanes per
hour average in Scenario 5. The $15.00 rate is based on information provided by
Piedmont Swim Club on lane fees charged at the Bellevue Club, the Montclair Swim
Club and Holy Names College Pools. It is discounted from the average of $20.00 per
lane, per hour fees for these three facilities.
Conclusion:
Much has been spoken and written about this matter in recent days. City staff is
interested in an agreement that is reasonable for both parties, equitable and reciprocal.
Upon learning that PUSD faced a future problem in funding the replacement of the Witter
turf and track, staff quickly realized that the City will face a similar problem at Beach
Field at approximately the same time. Therefore, Mr. Grote proposed a “sinking fund” to
be funded through reasonable “surcharge” fees to be charged to all users, public and
private, school facilities and city facilities. While this concept will obviously need to
have the principles and details worked out before being implemented, it seemed a better
idea than the imposition of facility use fees. The City and PUSD have a long history of
working together in a cooperative manner as evidenced by the Facilities Use Agreement
that has been in place for 25 years. Spending considerable time and effort calculating
what facility was used by whom and for how long will result in endless accounting and
potential disputes and ill will that will not be to the benefit of the City or PUSD. City
staff views the “surcharge” concept as the best way to address this serious community
need which will soon include the new city funded Havens synthetic turf field expected to
open this fall.
Concern has been raised by Mr. Raushenbush and others about including the PHS
athletes in the mix for the “surcharge” concept because fees imposed on PUSD students
for sports cannot be mandatory, but must be voluntary. City staff is informed that
between 80% and 90 % of the PHS athletes pay the voluntary $325 per sport fee which,
according to the PHS Boosters Club, is designated for coaches salaries. Staff believes
that it is reasonable to expect a similar percentage of the PHS families would pay a
modest additional amount in the form of a facility repair/replacement “surcharge” if the
beneficiary of these “surcharge” funds were specific and transparent, especially when it
was clearly stated that the funds would be used for Witter, Havens and Beach synthetic
turf replacement, among other sport facility improvement/replacement purposes.
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Staff Report Page 5
PUSD Memos:
Attached please find a memo to the School Board from Mr. Raushenbush titled
Maintaining the Availability District Athletic Facilities for the Community, and a memo
titled Facilities Preservation Proposal. These memos have been the subject of
presentations to several of the school parent clubs over the last week.
City Administrator’s Comments:
The facilities use fee proposal is an emerging issue to which we have not been able to
devote enough time. More data is necessary before specific recommendations can be
made as to the best way to establish the “sinking fund” to replace City and School
District facilities. The charts presented here are an initial review of facilities use,
something we have not undertaken before. I have been reticent to send these numbers
into the community because they may change and may not be complete. As Mr.
Delventhal indicated in his letter to Michael Brady, we remain willing and open to sit
down and discuss our estimates with the School District.
Working cooperatively, the City and School District can craft a solution based on our
jointly held principles and good business practices. In my mind it makes sense to work
on a solution that will not involve complicated and controversial accounting of facility
use.
I fully support Mr. Delventhal’s recommendation that the Mayor and City Administrator
meet with the School Board President and Superintendent to fashion a mutually
acceptable approach on this matter.
Geoffrey L.Grote
City Administrator
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CITY OF PIEDMONT
Staff Report Page 6
CALIFORNIA
OFFICE OF THE RECREATION DIREOOR
June 2, 2010
Michael Brady
Assistant Superintendent
Piedmont Unified School District
760 Magnolia Avenue
Piedmont, CA 94611
Dear Michael:
This is to follow up my letter of May 27,2010 to provide additional facility use
information as promised.
The information is attached in seven (7) charts:
Chart A - Fees Paid by the City to PUSD:
In the event that fees were imposed on the city for use of PUSD facilities and use
remained consistent with previous years, this chart provides our estimate of fees
to be paid by the city to the school district for total use of school facilities (based
on calendar 2009). The fees are calculated based on the PUSD Facility Use Fee
Schedule for non profit/direct rental fees.
Chart B - Fees Paid by PUSD to City:
In the event that fees were imposed on PUSD by the city, this chart includes five
(5) fee based scenarios. Please note:
1. Tile city fee of $27.00 per hour for use of the Community or Veterans Hall is
the same fee that PUSD would charge the city for use of the PMS MPR.
2. Scenario 2 prices the city tennis courts at $8.00/hour which is the Davies
Tennis Stadium Fee in case the PUSD were to hold their PHS Tennis
program at that facility (although getting up to 30 weeks with exclusive use on
4-6 courts would be difficult at best to secure one would imagine). It is
important to note that city tennis fees are currently under review by the City
RECREATION / 358 HILLSIDE AVE. / PIEDMONT, CA 94611/ (5/0) 420-3070
FAX (510) 420-3027
·
"
Staff Report Page 7
Michael Brady
June 2, 2010
Page Two
Council as a part of the 2010-2011 budget process. These fees were last
increased in 2004. The School District fees were last adjusted in 2007 I
believe.
'
3. Scenario 3 prices the tennis courts at $15.50 per hour which is the same fee
that PUSD would charge the city for use of Witter Track of the PMS Track
program.
4. Scenario 4 prices the PUSD use of the city owned swim pool at $15 per lane
per hour at an average of 3 lanes used per hour.
5. Scenario 5 prices the PUSD use of the pool based on an average of 4 lanes
per hour.
Chart C - Impact on Player Fees:
This chart shows the impact on PMS Sports and elementary basketball estimated
per participant added fees in the event facility use charges are imposed by PUSD
to the city based on the PUSD gym fee of $40/hr for non-profit/direct charge fee
schedule. It also includes the estimated amount of income generated.
Chart D - "Surcharge" cales for PMS Sports Programs and all other City Fees for
programs using PUSD facii;oos including estimated income generated.
Chart E - "Surcharge" Cales for PMS Sports Programs on a sport by sport basis.
Chart F - "Surcharge cales all sports programs including PMS Sports programs
and all other city programs conducted on PUSD property.
Chart G - "Surcharge cales for all sports programs including PMS Sports
programs and .§1! city recreation programs excluding Schoolmates. '
I would be pleased to meet with you at any time to discuss these matters
including any details provided by the enclosed charts. I do need to emphasize
that there charts are "educated ~stimates". Others may arrive at different
calculations, but I confident that my estimates are certainly "in the ballpark".
,I
,
Staff Report Page 8
Michael Brady
June 2, 2010
Page Three
Finally, as you know this general matter will be considered by the City Council at
their meeting of Monday, June 7. Should PUSD, including members of the
School Board, wish to provide any written material for this meeting, please do so
by Friday, June 4 if possible. And, PUSD is certainly invited to attend this
meeting as you deem appropriate and to provide whatever testimony you wish.
CITY OF PIEDMONT
Mark Delventhal
Director of Recreation
cc
Mayor and Council
Recreation Commission
City Administrator
Staff Report Page 9
City of Piedmont
PUSD Facility Use Discussions
CHART A
Fees to be paid by City to District if they charge City the per hour "non profit /direct
rental" pursuant to PUSD Fee Schedule (03-11-07):
Facility
Hours
Gymnasiums
Auditoriums
PMS Multi-Purpose Room
Dance Studio
Classrooms
Witter Field
1000
100
80
175
240
80
PUSD
Hourly
Rate
$40.00
$22.00
$27.00
$31.00
$13.50
$32.00
Sub-Total
Cost
$40,000
$2,200
$2,160
$5,425
$3,240
$2,560
$55,585
Piedmont Middle School Sports Programs
Cross Country (Track)
Basketball (Gymnasium)
Track and Field (Track - Practice)
Track and Field (Track - Meets)
Volleyball (Gymnasium)
Flag Football (Field)
06-02-10
36
260
34.5
32
37.5
22
$15.50
$40.00
$15.50
$47.50
$42.50
$32.00
$558
$10,400
$535
$1,520
$1,594
$704
Sub-Total
$15,311
TOTAL
$70,896
City of Piedmont
CHART B
Staff Report Page 10
Fees to be paid by District to City for use of City Facilities
Scenario 1
Facility
Tennis Court Hours
Veterans' Hall and Community Hall @ PUSD hourly rate
to be charged city for PMS Multi-Purpose Room $27/hr
Pool Use
Hours
2500
Hourly
Rate
$4
230
No Charge
$27
Total
Total
$10,000
$6,210
$0
$16,210
Scenario 2
Facility
Hours
Tennis Court Hours @ Davies Tennis Stadium Rate of $8/hr
2500
230
Pool Use
No Charge
Hourly
Rate
$8
$27
Total
Total
$20,000
$6,210
$0
$26,210
Scenario 3
Facility
Tennis Court Hours @ PUSD Track fee of 15.50/hr
Pool Use
Hours
2500
Hourly
Rate
$15.50
230
No Charge
$27
Total
Total
$38,750
$6,210
$0
$44,960
Scenario 4
Facility
Pool Use-780 hrs. in 3 lanes average @ $15/hr per lane
Hours
2500
Hourly
Rate
$15.50
Total
$38,750
230
2340
$27
$15
$6,210
$35,100
Total
$80,060
Scenario 5
Facility
Pool Use-780 hrs. in 4 lanes average @ $15/hr per lane
Hours
2500
Hourly
Rate
$15.50
Total
$38,750
230
3120
$27
$15
$6,210
$46,800
Total
(Excludes PUSD Seniors Program @ Veterans' Hall)
06-02-10
$91,760
City of Piedmont
CHART C
Effect on cost to Middle School Interscholatic Sports Program and Elementary Basketball
Participants if fees are added to progam costs based on hourly rental charged to the City by
the District at the "non-profit/direct rental rate:
Program
Number of
Participants
Fee
Increase
New
Fee
%
Increase
Income
Generated
PMS Cross Country
($558 Facililty Cost)
60
$160
$10
$170
6.25%
$600
PMS Track & Field
($2,055 Facility Cost)
80
$175
$25
$200
14.29%
$2,000
PMS Football
($704 Facility Cost)
55
$155
$13
$168
8.39%
$715
PMS Volleyball
40
$165
$45
$210
27.27%
$1,800
PMS Basketball
80
$260
$130
$390
50.00%
$10,400
Elementary Basketball*
420
$140
$96
$236
68.57%
$40,320
*Excludes Grade 2 in church gym except for Sundays.
06-02-10
City of Piedmont
CHART D
Fees to be paid by City to PUSD if a "surcharge" is calculated at five different rates
PMS Sports with Surcharge:
Number of Fees Fee Amount
300
$10
$15
$20
$25
$30
Total Surcharge
$3,000
$4,500
$6,000
$7,500
$9,000
All other Recreation Programs using PUSD Facilities:
Number of Fees Fee Amount
2000
$10
$15
$20
$25
$30
06-02-10
Total Surcharge
$20,000
$30,000
$40,000
$50,000
$60,000
City of Piedmont
CHART E
Effect of Costs to PMS Sports participants if fees are added to progam costs on a "surcharge"
basis.
Surcharge Impact on PMS Sports Fees:
Program
Existing Fee
Surcharge
Total Fee
Percent Increase
Volleyball 7-8
$165
$10
$15
$20
$25
$30
$175
$180
$185
$190
$195
6.06%
9.09%
12.12%
15.15%
18.18%
Baskbetball 7-8
$260
$10
$15
$20
$25
$30
$270
$275
$280
$285
$290
3.85%
5.77%
7.69%
9.62%
11.54%
Track & Field 7-8
$175
$10
$15
$20
$25
$30
$185
$190
$195
$200
$205
5.71%
8.57%
11.43%
14.29%
17.14%
Flag Football 7-8
$155
$10
$15
$20
$25
$30
$165
$170
$175
$180
$185
6.45%
9.68%
12.90%
16.13%
19.35%
Cross Country 6-7-8
$160
$10
$15
$20
$25
$30
$170
$175
$180
$185
$190
6.25%
9.38%
12.50%
15.63%
18.75%
06-02-10
City of Piedmont
CHART F
Potential Fees to all sports and PRD program participants using PUSD facilities on a
"Surcharge Basis".
Organization
Participants
Piedmont Basketball Foundation
PMS Sports Program
PHS Sports*
Skyline/Piedmont La Crosse
Piedmont Baseball/Softball Foundation
Piedmont Soccer Club
Piedmont Recreation Department
(non PMS Sports use of PUSD Facilities)
150
300
650
150
570
1200
Total number of participants
5020
Particpants
5020
5020
5020
5020
@
@
@
@
2000
Fee Per Participant
Revenue Generated
$5.00
$25,100
$10.00
$50,200
$15.00
$75,300
$20.00
$100,400
*Voluntary just as $325 current per player fee is voluntary. Does not factor those who chose
not to pay.
06-02-10
City of Piedmont
CHART G
Potential Fees to all sports and PRD program participants on a "Surcharge Basis".
Organization
Participants
Piedmont Basketball Foundation
PMS Sports Program
PHS Sports*
Skyline/Piedmont La Crosse
Piedmont Baseball/Softball Foundation
Piedmont Soccer Club
Piedmont Recreation Department
(non PMS Sports use of PUSD Facilities)
150
300
650
150
570
1200
Total number of participants
10020
Particpants
10020
10020
10020
10020
@
@
@
@
7000
Fee Per Participant
Revenue Generated
$5.00
$50,100
$10.00
$100,200
$15.00
$150,300
$20.00
$200,400
* Voluntary just as $325 current per player fee is voluntary. Does not factor those who
chose not to pay.
06-02-10
To: Members of the School Board
From: Richard W. Raushenbush, Sub-Committee on Facilities
Re: Maintaining The Availability of District Athletic Facilities for the Community
Overview: “Maintaining and improving the long-term safety, accessibility, usability, and value of
our school facilities within budget limitations and in collaboration with the City of Piedmont” is a
major goal identified by the Board in the 2009-10 District Goals. To that end, the Board and the
District initiated a review of school facilities use policies and practices in response to: (a)
anticipated future expenses necessary to maintain the availability of District athletic facilities;
and (b) community demand for additional access to school district facilities. As a public school
system, the District operates in accordance with the Civic Center Act, which provides direction
for use of school property by community groups and organizations. The following proposal was
developed to address the Board’s Facilities Planning and Management goal and is consistent
with the Civic Center Act.
Primary Goal: To prudently collect and set aside funds necessary to maintain the availability of
District athletic facilities used by the Piedmont community through District, City and organized
sports programs.
Secondary Goal: To more efficiently utilize District facilities to expand access.
Current Situation:



Facilities At Issue: District athletic facilities used or to be used by the Piedmont
community include the Witter Field Sports Complex (including Witter Football Field,
Witter Track, Witter Baseball Field, Witter Softball Field, Witter Pole Vault/Jump, Witter
Shot Put, and Weight Room), the PMS Patio Gym, the PMS Morrison Gym, the PMS
Redford Gym, the PHS Binks Gym, the PHS Dance Studio, the PMS Multipurpose
Room, and PMS Sports Courts, and will include the new Havens Field and the new
Havens MPR/Gym.
O&M Expense: The District covers Operations and Maintenance (O&M) expense for its
athletic facilities through the General Fund. District O&M annual expenses include
roughly: 1.5 FTE custodial ($90K); .5 FTE landscaping ($37.5K), third party maintenance
of baseball/softball field grass ($40K); water for fields ($14K); gym floor refinishing ($4K);
and 1.0 FTE scheduling ($60K). Total: $245K.
Capital Costs: In addition to O&M, District athletic facilities have expected capital costs.
While artificial turf fields avoid much O&M expense and can be used year-round, the
artificial turf eventually wears out, as does the Witter track surface. The District's known
future expenses include replacing Witter Field (est. $600K) and Track (est. $200K) at
some point after warranty expires in June 2015. The expected warranty on the new
Havens Field turf/infill (est. $200K) will expire around August 2018 and at some point
thereafter the turf will have to be replaced. The Redford Gym is expected to need new
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
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bleachers (est. $40K - $60K) and all gyms may need new flooring (as opposed to
refinishing) in the future.
Sinking Fund: As a result of severe budget shortages, the District has not been
contributing to a "sinking fund" for the future capital expenses for the District athletic
facilities. At this point, the restricted capital fund (Fund 40) has a $56K balance.
District-City Facilities Use Agreement: The current District-City Facilities Use
Agreement, incorporated in Board Policy 1330, provides (1) the City Recreation
Department free access to District athletic facilities for Schoolmates and athletic
programs; and (2) current District programs have first priority, City programs
(Schoolmates and Recreation Dept.) and Adult Education second priority, and thereafter
access is based on first-come, first-served basis. In return, the Agreement also provides
the District with free access to City facilities with priority after City uses. The District has
used/uses City tennis courts, occasionally Coaches Field, and the City has included
District pool usage in its lease with the Piedmont Swim Club.
Rental Fees: Consistent with the Civic Center Act, the District has a Facility Fee
Schedule that sets a "direct costs fee" for Piedmont-based sports organization and a
"fair rental value fee" to organizations not serving the Piedmont community. The "direct
costs" rental fees are, for example, $32/hr. for Witter Field, $23.50/hr. for Witter Baseball
Field, and $42.50/hr. for PMS Morrison Gym and PHS Binks Gym.
Usage: Available records for the time period 8/16/2009 to 8/15/2010 show PUSD uses
facilities for non-PE sports 4874 hours (including Adult Ed) and pays $245K in O&M,
organized groups use facilities for sports 2160 hours and pay/will pay app. $71K, and
Rec Dept (non-Schoolmates and including PMS sports) uses facilities app. 2,266 hours
and currently does not pay any fee.
Options for Covering Future Capital Costs
The options for covering known future replacement costs are few. The community as a
whole has authorized bonds for the seismic program and parcel taxes to maintain school
programs. Significant community donations also are funding school programs, and it
would not be prudent for the District to count on donations to cover future capital costs.
Prudent fiscal planning requires setting funds aside over time rather than counting on a
surplus of funds in the future.
Recommended Solution for Covering Future Capital Costs

All Users Pay:
o The recommendation is that all users share the cost of maintaining the
availability of District athletic facilities. Non-District users should do so through
the (a) direct cost rental fees paid by organized sports groups, which pass that
cost along to participants in their programs; and (b) new fees paid by the City
Recreation Dept, which in turn is expected to pass that cost along to participants
in its sports programs.
o The District is the primary user of its athletic facilities and District programs
(including Adult Ed) have first priority. Therefore, the District should continue
ensure O&M expenses, which have been roughly $245K per year.
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Restricted Funds
o The District should set aside funds over time in a restricted account. The District
should set aside funds equivalent to the rental fees/City Rec. fees paid (net of
any use payments for City facilities) in the District's restricted capital
expenditures fund ("Fund 40") for use only for athletic facility capital costs.
o Note that this will remove from the General Fund the roughly $70K per year
currently collected for rentals, which somewhat offsets District O&M expenses.
Fee Amounts:
o The District fees for athletic facilities should be set with the expectation of
generating roughly $880K by Fall 2016 (the estimated $800K cost of replacing
Witter Field and Track plus a 10% margin), i.e. $146K per year over the next six
school years. (This assume the turf/track last at least one year beyond
warranty).
o Assuming past usage continues, current direct rental cost fees to organized
groups and the Rec. Dept. (net of District-paid fees for using City facilities) are
expected to raise app. $140K per year. Recognizing that the new policies could
alter usage patterns, the District should keep the same rental fees for 2010-12,
and evaluate the need to alter rental fees in Fall 2012.
Discussions with City:
o City representatives agree that it is prudent to plan now for the replacement of
District athletic facilities, and that the existing Facilities Use Agreement needs
revision. District and City representatives are continuing to discuss whether a
fee should be based on hourly usage or on a per participant basis, and
appropriate compensation for District use of City athletic facilities.
Recommended Efforts to Increase Access
 District Use: To increase access for organized sports organizations, it is recommended
that District staff: (a) evaluate scheduling procedures with a goal of avoiding reserved,
but unused, facilities and increasing notice of availability; (b) evaluate the need for "open
access" reservations; and (c) ensure that for-profit clinics hosted by PUSD athletic teams
pay a direct costs rental fee.
 Non-PUSD Access to Gyms: Desired use of District gyms exceeds currently available
capacity. The new Havens MPR/Gym should provide some additional capacity. The
Piedmont Basketball Foundation (PBF) has pointed out that, unlike Piedmont Soccer
Club and Piedmont Baseball, where sports organizations allocate facilities among
recreational and competitive level participants, PBF offers competitive level basketball
while the Rec. Dept. offers recreational level basketball. Currently, the Rec. Dept. has
priority over all PBF use, meaning the recreational level basketball teams have priority
over all competitive level basketball teams. The recommendation is to provide
proportionally equal access to gym time between Rec. Dept. programs (basketball and
volleyball) and PBF basketball during the basketball season based upon the number of
teams participating in the programs (e.g. if there are 16 Rec. Dept. teams and 4 PBF
teams, then the Rec. Dept. would have priority for 4 hours, then PBF for 1 hour, then
3

Rec. Dept. for 4 hours, and so on). Further discussions with the City and PBF will be
necessary to set up an appropriate system consistent with this intent.
Reservation/Cancellation Requirements: More efficient use of the facilities may result
from early reservations and deadlines to cancel without payment of fees. It is
recommended:
o The Rec. Dept. should provide notice of its proposed scheduling as soon as it is
reasonably available to the Rec. Dept. (e.g. when its programs are offered to the
community), and no less than 60 days before the start of its programs using
District facilities.
o The Rec. Dept. shall provide notice of cancellation of scheduled facilities as soon
as the Rec. Dept. concludes that access is not needed. In all events, the Rec.
Dept. shall pay the adopted fee for facilities that have been reserved and not
cancelled 30 days before the beginning of the scheduled Rec. Dept. program.
o District staff shall have discretion, following consultation with Rec. Dept. staff, in
determining which athletic facilities meeting the Rec. Dept. need are reserved for
Rec. Dept. programs (e.g. Rec. Dept. programs for younger children may be
scheduled for the PMS Patio Gym or Havens MPR Gym to provide access to
Morrison Gym for organized sport programs for older children).
o Organized sports organizations shall have access to District athletic facilities on a
first-come, first-served basis. If an organized sports organization has reserved a
District athletic facility more than 30 days ahead of the date of scheduled use,
then such group shall pay the applicable rental fee for the reserved facility unless
the reservation is cancelled 30 days before the date of scheduled use. If an
organized sports organization has reserved a District athletic facility less than 30
days ahead of the date of scheduled use, then the group shall provide the
earliest possible notice of any cancellation.
RECOMMENDATIONS
 Instruct District Staff to give the City written notice of termination of the existing
Facilities Use Agreement. The Agreement provides that termination is effective 120
days after written notice. Termination will provide 120 days to negotiate a new
agreement.
 Instruct District Staff and the Subcommittee to negotiate a new Facilities Use
Agreement with the City consistent with the recommendations above, update the
Board on the status of negotiations, and present the proposed new Agreement to the
Board for approval.
 Instruct District Staff to evaluate District scheduling procedures, use of "open
access" reservations; and for-profit clinics hosted by PUSD athletic teams, with an
intent to provide public access to an extent consistent with the District's own athletic
usage.
Final Version 5-24-10
4
FACILITIES PRESERVATION PROPOSAL
Nutshell: The Facilities Preservation Proposal asks participants in Rec. Department programs to
pay the same School District facilities use fee that participants in all other Piedmont sports club
programs already pay, so that the School District can set aside those funds in a restricted account
to replace its athletic facilities as they exceed their useful life. This Proposal would be revenue
neutral to the City as users would be asked to contribute to the cost of maintaining our facilities.
Background:







We know our athletic facilities will need major capital projects in the future.
Witter Field turf and track surface will need to be replaced some time after the warranty
expires in 2015, and is estimated to cost at least $800K.
School District budget situation is terrible. We do not have "extra" money. We have not
been setting money aside for the future Witter expense.
Sports groups --meaning the participants in those sports programs--all pay the District a
facilities use fee to use District facilities--$70K.
District pays about $245K/year in O&M, offset a bit by the $70K.
Under the existing Facilities Use Agreement, the City Rec. Dept. has first priority to all
District athletic facilities and does not pay any facilities fee.
If we continue with the status quo, it is very unlikely that we will have the funds we need
to replace Witter Field and Track. That will leave us having to seek major donations at
that point. The Facilities Subcommittee did not consider that prudent financial planning.
Proposal:




The Rec. Dept. would pay the same "direct costs" facilities fee paid by all other sports
organizations using District facilities, and pass those costs along to participants in its
programs, just like everyone else does. There would be no net cost to the City because
the additional cost would be passed along to the end users.
Because the Rec. Dept. uses District athletic facilities slightly more than all other sports
organizations combined, this would generate another $70K in revenue for the District.
Combined, the sports clubs and the Rec. Dept. would contribute $140K per year, and the
District would then aside an equivalent amount in a restricted account that could only be
used for future capital expenses like the Witter replacements.
By taking this prudent financial step now, the School District would have the money
when we need it and not have to beg parents to give money to keep Witter Field in
operation.
City Reaction: Rather than embracing this effort to plan ahead, some City Staff have objected.


First, the City agrees that sinking funds are a good idea, but does not want the Rec. Dept.
participants to have to pay the District's facilities fee. Instead, they want all users to pay
what they call a "surcharge." By requiring everyone to pay a surcharge, they hope to
keep the added cost for Rec. Dept. users lower than if they paid the facilities fee.
There are two problems with the "surcharge" idea--one legal and one equitable.
1

o The District is limited to charging a "direct costs" facilities fee under the Civic
Center Act. Because the sports clubs already pay such a fee, the District cannot
require any sports club to pay a "surcharge."
o Similarly, the District cannot require PHS athletes to pay a "surcharge" to
participate in PHS sports programs.
o That means the District is simply asking PHS athletes and sports club participants
to make donations. That is not prudent financial planning--and we will fall
behind what we need each year that donations do not equal at least $70K.
o Second, it did not seem equitable to the Facilities Subcommittee to ask PHS
athletes, for whom the District will contribute $245K O&M costs and who
already are asked to make a $325/sport donation for coaching stipends, and sports
club participants, who already pay the facilities fee, to pay more so that
participants in Rec. Dept. programs can pay less. The Subcommittee felt all users
should contribute to the costs of running the facilities.
Second, even though the Facilities Preservation Proposal is revenue neutral to the City,
City Staff are planning to charge PHS athletes and other students for using the Cityowned tennis courts and swimming pool.
o The City has legal authority to charge whatever it wants for its facilities.
Unfortunately, it seems that City Staff are trying to come up with a number that
equals the facilities fees that the Rec. Dept. would pay to the District under the
Facilities Preservation Proposal.
o This would not be an issue if the School Board could charge market value for its
facilities, but we can only charge a fee equal to our "direct costs" under the Civic
Center Act. $100/hour for Coaches Field vs. $32/hour for Witter Field.
o The City has never told us its costs for the tennis courts, but we know that the
Piedmont Swim Club pays 100% of the O&M for the pool. I am not aware of any
City sinking fund to replace either the tennis courts or the pool.
o Of course, the more the City charges the District to use the tennis courts and pool,
the less money the District has to put aside for the Witter replacement. Should the
City charge PUSD anything when the Facilities Preservation Proposal has no
impact on the City budget?
On June 7, the City Council is supposed give City Staff direction on these issues. On June 9, the
School Board will again consider the Facilities Preservation Proposal and whether to proceed
with it or await further discussions with the City.
If you have any views that you wish to express to the School Board and City Council, please do.
2
COpy
AGREEMENT
FOR USE OF FACILITIES
-'- ~. . : '{,. . ./'- -
This agreement, entered into this _ _--Lt<---'ifA"--·
day of
~
,2005 by and
between the City of Piedmont, a municipal corporation of the State of California, hereinafter, referred to as ·City,"
and the Piedmont Unified School District, a California corporation, hereinafter referred to as "District". This
agreement replaces the Agreement for Joint Use of Facilities approved in May, 1986, and is effective on
~
/1
,2005
WITNESSETH
WHEREAS, it is in the public interest that the City and District facilities be put to the fullest possible use
where such use is appropriate; and
WHEREAS, the City and the District desire to establish a basis for the cooperative use of their respective
facilities located within Piedmont; and
WHEREAS, the parties hereto desire to promote and preserve the health and general welfare of the people
of the City of Piedmont through various educational, municipal, and recreational programs;
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, it is
hereby agreed as follows:
1. FACILITIES
(a)
The City shall make its facilities available to the District for activities, events, and prograrr,;;:j
associated with District programs.
(b)
The District shall make its facilities available to the City for activities, events and programs
under City direction or sponsorship.
(c)
The City shall allow the District a total of seven (7) uses of the Veterans Hall and (7) uses
of the Community Hall in each calendar year. The City shall bear the costs of maintenance
and janitorial service other than direct expenses for the event.
(d)
The City shall be given consideration for use of the Middle School Patio Gym and Morrison
Gym for the purpose of conducting basketball programs in November, December, January,
February and March on weekdays from 3:30 p.m. to 9:00 p.m., and on Saturdays and
Sundays from 10:00 a.m. to 4:00 p.m. The City shall notify the District as soon as possible
if the City in fact will not use the Morrison or Patio Gyms at any time scheduled for City
.t .
use. The District will not schedule any regular after-school classes or activities in the
Morrison and Patio gyms during the winter quarter although, occasional meetings and
events may be held there with advance notice.
(e)
Facilities shall be booked and reserved through established and routine procedures in
accordance with District and City reservation and facility use policies.
2. SCHEDULING PRIORITY
For scheduling purposes, the following considerations shall be observed in the order listed:
(a)
(b)
For Use Of City Facilities:
(1)
First Consideration - City events, programs or activities.
(2)
Second Consideration - District events, programs or activities.
(3)
Third Consideration - Other events, programs or activities.
For Use of District Facilities:
(1)
First Consideration - District events, programs or activities.
(2)
Second Consideration - City-sponsored events, programs or activities conducted
at a school site for the participation of students who attend school at that site.
·Students who attend school at that site" is hereby defined as a group of students
of the same or similar age, at least 75% of whom attend that school.
(3)
Third Consideration - Adult education programs.
(4)
Fourth Consideration - City-sponsored events, programs or activities (other
than #2).
(5)
3.
Fifth Consideration - Other events, programs or activities.
DUPLICATION/OVERLAP
The Piedmont Recreation Department and Piedmont Adult School, to the extent reasonably
possible, shall avoid any overlap or duplication in services, programs, classes, activities or events.
In the event either agency intends to sponsor or provide any program, activity, event or class
currently being offered by the other agency, written notification shall precede informal consultation
between the agencies if a similar or identical program is to be offered.
2
rj
~
r(--
4. PERSONNEL
It shall be the responsibility of the Superintendent of Schools and the City Administrator or their
duly appointed representatives to provide qualified personnel to conduct School activities on City
facilities and City activities on District facilities. Adequate and responsible supervision shall be
maintained at all times.
5. INDEMNIFICATION
The District agrees to indemnify and hold free and harmless and to defend the City and its officers
and employees and each of them against any and all liability, loss, costs, damages, attorneys' fees
and other expenses which the City may incur or sustain for any death, injury or damage arising as
a consequence of the use of City facilities by the District including, but not limited to, sums paid or
liabilities in connection with claims, suits or judgments against the City of Piedmont and expenses
paid or incurred in procuring or attempting to procure release from liability, or in recovering or
attempting to recover losses or expenses paid or incurred as set forth above.
The City agrees to indemnify and hold free and harmless and to defend the District and its officers
and employees and each of them against any and all liability, loss, costs, damages, attorney's fees
and other expenses which the District may incur or sustain for any death, injury or damage arising
as a consequence of the use of District facilities by the City including, but not limited to, sums paid
or liabilities incurred in settlement of, and expenses paid or incurred in connection with, claims, .
suits, or judgments against the Piedmont Unified School District and expenses paid or incurred in
procuring or attempting to procure release from liability, or in recovering or attempting to recover
losses or expenses paid or incurred as set forth above.
6. MAINTENANCE
The City shall provide maintenance and janitorial services for City facilities and the District shall
provide maintenance and janitorial services for District facilities. Under certain hardship cases, the
City Administrator or School Superintendent, or their duly appointed representatives, may initiate
and develop special maintenance and janitorial conditions and requirements at their discretion.
Where an agreement between the parties has been reached in advance of a particular use of City
or District facilities by the other party, specified maintenance and janitorial costs may be charged to
3
.'
the users. It is anticipated that such costs will be charged infrequently and only where extraordinary
circumstances justify such a charge.
7. INSURANCE
The City and the District shall hold and maintain policies of liability insurance naming the other as
an additional named insured. The policies shall not be less than five million dollars (5,000,000)
combined coverage, including bodily injury and property damage.
8. FEES AND CHARGES
Except as otherwise provided herein, the City and the District agree not to levy charges for facility
use. However, any destruction or property damage which occurs during use by one agency of the
other agency's facilities will be paid for by the agency using the facilities at the time of the damage
or destruction as agreed upon between the City Administrator and the Superintendent of Schools.
9. TERMINATION
Termination of, or proposed changes to this agreement, may be made by either party at such time
as either party provides the other with written, formal notice of such intent to terminate or propose
change. Such notice must precede the date of termination or proposed effective date of change by
a period of no less than one hundred twenty (120) days. All City and District activities which have
been duly booked and reserved in accordance with the provisions of Paragraph 3 of this agreement
shall be allowed to proceed as planned, despite the prospective termination or change of this
agreement, and such activities shall be governed by the terms of this agreement until they have
ended as scheduled.
10. MODIFICATION
In the event a dispute arises over the interpretation or application of any particular provision of this
agreement, by mutual consent parties may agree to declare such provision inoperative. All
remaining provisions will remain in full force and effect.
4
·
f
/'
ir
CITY OF PIEDMONT
A Municipal Corporation
By: fAf,-,u
o
l?;,.L
By~Yd'd
Micfuiel Bruck
Mayor
By:
Ann Swift
City Clerk
Geoffr y C.
e
City Administrator
~0JLuzf v
~
APPROVED AS TO
.
~
By:
Mark DelventMI
Director of Recreation
F,~""",,__
~~/,1
!.
George S. eyton, Jr.
City Attorney
PIEDMONT UNIFIED SCHOOL DISTRICT
BY:~-'-==
Ronnie Cane
President, Board of Education
~~~s~
Superintendent and Secretary To the
Board of Education
5
Piedmont Unified School District
(510) 594-2622
(510) 654-7374 (fax)
760 Magnolia Avenue
Piedmont, California 94611
Facility Fee Schedule
Facility
Direct Rental Costs
Classrooms & Libraries
Fair Rental Costs
Hourly Rate
Elementary Schools
(Beach/Havens/Wildwood)
Piedmont Middle School (PMS)
Piedmont High School (PHS)
$11.25
$13.50
$13.50
$19.50
$23.75
$23.75
$22.75
$38.25
$16.50
$29.00
$22.75
$27.00
$27.00
$28.00
$39.00
$46.50
$46.50
$48.50
$33.00
$42.50
$42.50
$31.00
$11.00
$58.00
$73.50
$73.50
$54.00
$19.00
$32.00
$48.50
$23.50
$16.50
$15.50
$15.50
$79.50/day
$55.50
$85.00
$40.00
$28.00
$27.00
$27.00
$79.50/day
$40.00
$27.00/day
$105.00/day
$15.50/hour
$70.00
$27.00/day
$105.00/day
$15.50/hour
$27.00/hour
$10.00/day + $15.00/hour
$27.00/hour
$27.00/day
$52.75/day
$27.00/hour
$10.00/day + $15.00/hour
$27.00/hour
$27.00/day
$52.75/day
$27.00/hour
$27.00/hour
Auditoriums
Elementary
Kitchens
Elementary
Multi-Purpose Rooms
Beach & Wildwood Schools
Havens School
Piedmont Middle School (PMS)
PHS Student Center
Gymnasiums/Indoor Facilities/Sport Courts
PMS Patio Gym (old gym)
PMS Morrison Gym (new gym)
PHS “Binks” Gym
PHS Dance Studio
PMS Sport Courts
Witter Field Sports Complex
Football Field without lights
(artificial turf only)
Football Field with lights
Baseball Field
Softball Field
Track
Weight Room
Restrooms (weekend/flat rate)
Piedmont High School Theater (seats 400)
Hourly Rate
Stage Light/Sound System
Booth with Group’s Operator
Booth w/ ASB Student Operator
Equipment
LCD projector with Operator
ASB PA system + Operator
PMS MPR Sound System
Piano
Dance Floor
Custodial Services
Custodian (2 hour min. charge)
For information on the definition of User Groups who qualify
for direct rental costs vs. fair rental costs, please refer to Board Policy 1330
Adopted 3/11/07 Effective 7/1/07

Discussion of Facilities Preservation Fee proposal

Transcription

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