Title
Recommendation to Authorize the City Manager to Execute a Memorandum of Understanding with the Alameda Unified School District Concerning a New City of Alameda Aquatic Facility. (Recreation 280)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City of Alameda (City) and Alameda Unified School District (AUSD) are working collaboratively to address immediate health and safety repairs at Emma Hood Swim Center, located at Alameda High School, as required by the Alameda County Department of Environmental Health (ACDEH). Both agencies are also working to finalize a long-term pool replacement plan with timelines and milestones to present to ACDEH. This Memorandum of Understanding (MOU) outlines that plan as well as a potential agreement between the City and AUSD for the design and construction of a new City Aquatic Facility. This MOU must be provided to ACDEH by June 30, 2019 to meet its deadline.
BACKGROUND
In February 2019, staff from AUSD informed Alameda Recreation and Parks Department (ARPD) staff that ACDEH would be closing the Emma Hood Swim Center, located at Alameda High School, as of May 31, 2019, for health and safety concerns.
Since then, City staff received written confirmation from ACDEH that the City and AUSD must provide certain timelines and milestones by June 30, 2019, and must start construction of a new aquatic facility by May 2022; thereafter, ACDEH will permanently close the existing Swim Center.
A Pool Ad-Hoc Committee (Committee), comprised of two AUSD Board Members, two City Council Members, community and student representatives, and staff from both agencies, has met regularly to address this community concern. In addition, the Alameda Aquatic Alliance, which includes representatives from across all aspects of the Alameda aquatic community, has provided input to the Committee. The matters outlined in the MOU are the result of these productive discussions.
On May 21, 2019, the City Council discussed the high level points of a draft MOU as well as a financial analysis, fees and usage, and alternative locations for an aquatic facility.
The funding for immediate, short-term repairs has been authorized by the City and AUSD. AUSD staff will coordinate permits and manage the repairs, which will occur this summer. The Emma Hood Swim Center will be closed for these repairs until September 2019.
DISCUSSION
This MOU serves to provide deal points that the City and AUSD have agreed upon for a new Aquatic Facility. It does not include the specifics on an agreement between the City and AUSD if the City is interested in constructing such facility on school district property, such as at the existing site at Alameda High School. Both AUSD and the City will continue to work through negotiations, with the intent to have a final property agreement by no later than December 2019.
This MOU serves as a bridge document to memorialize the agreed upon issues that will be then included in the final property agreement. Once the property agreement is fully executed, this MOU will no longer be in effect.
The following details the primary issues addressed in the MOU.
Schedule (Section 3)
This section specifies the milestones and their associated deadlines with the express goal to be able to begin construction on a new Aquatic Facility by May 2022 as required by ACDEH.
Separate Property Related Agreement (Section 4)
The City and AUSD will work collaboratively to finalize a location for the new Aquatic Facility and any related property agreement, such as a long-term lease, if the new facility is on school district property.
Funding and Management of the new Aquatic Facility Design and Construction (Section 5)
The City will manage all aspects of the design, permitting and construction of the new Aquatic Facility with AUSD as a core stakeholder to ensure the design complies with student athletic site requirements. The City will be responsible to fund the design and construction with AUSD partnering to provide political or other support toward that effort. Funding may include an infrastructure bond and/or private donations through a capital campaign. The City is also responsible to fund demolition of the existing facility and relocation of any AUSD facilities such as the adjacent tennis court.
The City will provide all project plans and specifications to AUSD for approval, which shall not be unreasonably denied and must be reviewed within 30 days of receipt. This is to ensure that the facility design complies with school athletic facility requirements and also doesn’t negatively impact other aspects of the school site.
Ownership and Operations, Facility Use Allocation and Fees (Section 6)
The City will manage all operations and maintenance of the new Aquatic Facility. If the new Aquatic Facility is constructed on AUSD owned property, Alameda High School (AHS) aquatic teams and physical education classes will have priority scheduling with guaranteed use hours, equivalent to 2019 scheduled use hours, for all aquatic team season practices, games and AHS sponsored tournaments. Similarly, the City will waive fees for AHS aquatic teams for practices, games and daytime physical education classes plus one weekend tournament day per team season for AHS sponsored events. Any additional AHS use or other AUSD use will pay fees per the City Annual Fee Schedule. The City retains rights to all concessions operations and revenues at all times.
ALTERNATIVES
Alternative 1 - The City Council executes the MOU as attached.
Alternative 2 - The City Council recommends changing, adding or deleting specific points of the MOU prior to approval. There is a tentative joint meeting of the City Council and AUSD Board of Education scheduled on June 25, which provides an opportunity for further discussion on the MOU points between the two agencies.
FINANCIAL IMPACT
There is no direct financial impact from this Memorandum of Understanding. A new City Aquatic Facility would cost $12 million or more to design and construct. The funding may come from a combination of private funding from a capital campaign and other City funding mechanisms, such as a potential infrastructure bond.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
There is no municipal code reference for this action.
ENVIRONMENTAL REVIEW
Status reports and studies that do not commit the lead agency to a specific development project are statutorily exempt from the California Environmental Quality Act.
CLIMATE IMPACTS
A new City Aquatic Facility would be constructed to current efficiency standards for lighting, heating and other aspects. This is a significant improvement from the existing inefficient systems at the Emma Hood swim center.
RECOMMENDATION
Authorize the City Manager to execute a Memorandum of Understanding with the Alameda Unified School District concerning a new City of Alameda Aquatic Facility.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval of the MOU, conditioned upon a provision that moving forward with construction is contingent upon obtaining adequate funding for construction of the facility.
Respectfully submitted,
Amy Wooldridge, Interim Assistant City Manager
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Memorandum of Understanding
cc: Eric Levitt, City Manager