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Home My WebLink AboutFMFCD - Basin XX - 2008Siclay REPORT TO THE "CITYCOUNCIL July 15, 2008 .. I FROM: RANDALL L. COOPER, Director dare Parks, Recreation and Community Services r.=pini BY: JERRY HAYNES. Assistant Director Parks, Atter-School, Recreation and Community Services Department SUBJECT: APPROVE BASIN'WAGREEMENT BETWEEN THE FRESNO METROPOLITAN FLOOD CONTROL DISTRICT AND THE CITY OF FRESNO FOR JOINT USE OF DRAINAGE BASIN PARK. RECOMMENDATIONS is recommended that Council approve the attached Agreement between the Fresno Metropolhan Flood mtrol Distinct and the City of Fresno for Joint Use of Drainage Basin XX. The Basin will serve as a public rk for recreathinal Use. It is also recommended that Council auh101S the Director of Pants, After-Sehcol, .creation and Community Services (PARCS), or his designee, to execute all documents pertaining thereto on half of the Ccy. EXECUTIVE SUMMARY PARCS staff have met and discussed with Fresno Metropolitan Read Control Dialect (FMFCD) provisions for a "Basin Park Agreement" between the City of Fresno (Chy) and FMFCD regarding Drainage Basin "XX" on Hughes Avenue South of McKinley. Pursuant to the Basin Park Agreement, Drainage Basin "XX' has been developed for joint use as a drainage basin and park. it is the desire ot both parties that FMFCD build a handicap ramp at Basin "XX' and me City shall Pay to FMFCD $20,0000 toward Ne cost of the handicap ramp wlMin 3O days of invoice. CM shall also approve Constitution plans prior to biding, and FMFCD shell keep Basin '% ' free and clear of project liens. Furthermore, the City shall operate Basin "XX" as a public park for recreauonal use. Flidi rights of use and responsibilities shall Include, but are net necessarily limited to, the following: A. District shall retain all of its rights of use, may discharge and store storm water runoff Nlthln Basin "XX", and shall: (1) Pay for and he responsible fa all maintenance and repair of drainage faciif ies Installed by Dtstnct In Basin "XX°: (2) Dealt Basin "XX" as required: (3) Reconstruct and repair damage to Rte Basin "XX' caused by storm or flood waters; (4) Maintain and repair fences and gates as required to maintain Control of ingress, when said damage results from operating Basin 'XX' far drainage purposes. SUBJECT TO MAYOR'S VETO REPORT TO THE CITY COUNCIL FMFCD, Basin "XX" July 15, 2008 Page 2 (5) Fumish all energy required for operation o(Base "XX" for drainage purposes. Jet Mow, and maintain all lawn areas and Irrigate, owns and care for all plantings. CITY'S rights of use and responsibllffies shall Include, but are not necessarily limited to, Me following: B. City may operate the upper floor of Basin "XX' as an active public park, and shal bell the following on the entirety of Basin "%X°, or pay District for performing said wadi: (1) Pick up and disposer of hash and IMar on a scheduled basis; (2) Inspect Basin "XX" on a scheduled basis; (3) Maintain and repair Basin "XX"; (4) Remove graffiti; (5) Furnish water required for irrigation and other purposes; (e) Maintain, repair ant replace the automatic sprinkler system; (7) Furnish all energy required for landscaping park operation, and maintain, repair and replace any electrical features emplaced by City; and (8) Melntaln and repair fences and gates when damage resu is from park uses. 'ARCS has a long standing business relationship with FMFCD, and we do no foresee any difflwMes In entering this contract. 3ACKGROUND The Jolnt Maintenance and Operation Agreement for Me Flood Control Districts Basin "XX" is for the property located at Hughes and McKinley adjacent to Jane Adtlams Elementary School. FMFCD is anxious to begin this new recreation project in partnership wit the city. Officials from FMFCD met wall PARCS staff regarding the type and placement of recreation equipment in the basin site. PARCS suggested installing one sou ll diammM and one set of soccer goats. Equipment choice is under consideration, and PARCS will provide the backstops and fencing for Me bell heads. An Immediate start to this project is desired In order to be able to plant turf this year. Under the terms of this agreement, Mis basin will IN operated during the "dy season (May 1 — November 14t by Me City and Me FMFCD during Me l of season. The Ciry has completed an Environmental Assessment of this project under EA No. 0513 resulting in a Finding of Conformity win the 2025 General Pan. The document was filed on May 27.2008; Marchers, Me City has complied win the notification guidelines. (Planes sae attached Environmental Assessment EA -08-13) FISCAL IMPACT will be nominat impact for Me City because FMFCD will pay am be responsible for all maintenance and of drainage facillry installed by District. Agreement and Environmental Assessment 0&13 cmcvneSNo my cmx.onw l0WxNQ 'r 115IOv- AGREEMENT FOR JOINT USE OF BASIN "XX' THIS AGREEMENT, made and entered into this 15% day of T,i�, 2008 by and between FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a California public agency, hereinafter referred to as 'DishxL" and the CITY OF FRESNO, a municipal corporation, hereinafter referred to as "Cfty." WITNESSETH WHEREAS, in connection with the development of planned local drainage. facilities, District has or will have acquired and developed to Distinct standards, certain areas within fine City as reservoirs and drainage basins for the reception of storm and flood waters, and the term 'drainage basin," wherever, used herein, shall be deemed to refer to such areas: and WHEREAS, such drainage basins have been or will be developed by District with various Storm Drainage Master Plan improvements, including, but not limited to, excavations, drainage structures and devices, hereinafter referred to collectively as "drainage facilities," to accommodate collection and storage of stone, Flood and other surface waters and to facilitate the return of such waters to the underground and WHEREAS, Basin "XX" as descnbedldepicted in Exhibit No. 1 attached hereto and incorporated herein, is being developed for Joint use as a drainage basin and park; and WHEREAS, line parties mutually desire to jointly utilize Basin "XX" as a drainage basin and a park pursuant to the terms hereof. NOW, THEREFORE, THE PARTIES HERETO agree as follows: Page t of8 r r '�rw1.*uva4..4-arn..��e.N.., mwlom.„mw,�4zmncnc 122401 1. The above recitals are true and correct and Incorporated herein. Basin "XX" shall be Jointly utilized by the parties hereto as a drainage basin (by District) and a park (by City) pursuant to the terms hereof. In pursuit hereof the parties are acting in an independent capacity. 2. A. The District, as lead agency and project owner, shall conduct the environmental review, bidding process for and cause completion of the installation of a handicap ramp at Basin "XX" by not later than June 30, 2008. The City shall pay to the District the costs for said ramp within 30 days of the District's mailing of the invoice therefor following award of the construction contract, unless othenvise agreed In wrong by parties. City shall approve construction plans prior to bidding. B. The District upon City's written request shall install a water line, drinking fountain, and quick coupler (collectively, the "Water Facilities") per a landscaping contract with District choice of contractor, provided the City commits In writing to the reimburse the District of all costs of said Water Facilities. C. The amount the City shall pay pursuant to Paragraphs No. 2(A) and 2(B) hereof to the District shall not exceed $20,000, in annually alfocated and available City funds, 3. City may operate the upper floor of Basin "XX" as shown on Exhibit No. 1 hereto as a public park for recreational use. In addition to the specific provisions set forth in this Agreement, the City shall be responsible to satisfy all land use requirements associated with this use, including coordinating with adjoining property owners. Any and all costs and liabilities associated with operation of the public park, in addition and Page 2 of g eeaw�mae..,.,�,mwrmrwav orw„e .m� H' PW71Ge 12 26 01 those specifically identroed herein in Section 3.B(1) through (8), are the responsibility of City. A. District shall retain all of its rights of use, may discharge and store stonn water runoff within Basin "XX", and shall: (1) Pay for and be responsible for all maintenance and repair of drainage facilities installed by District in Basin "XX", (2) Desilt Basin "XX" as required: (3) Reconstruct and repair damage to the Basin "XX" caused by stone or flood waters; (4) Maintain and repair fences and gates as required to maintain control of ingress, when said damage results from operating Basin "XX' for drainage purposes. (5) Furnish all energy required for operation of Basin "XX" for drainage purposes. (6) Maw and maintain all lawn areas and Irrigate, prune and care for all plantings Including the upper floor of Basin "XX." (B) City may operate the upper floor of Basin "XX" as a public park, and shall perform the following on the entirely of Basin "XX", or at City's discretion pay District for performing said work: (1) Pick up and dispose of trash and litter on a scheduled basis', (2) inspect Basin 'XX* on a scheduled basis; (3) Maintain and repair Basin "XX" except to the extent District is responsible per subsection "A" above; Page 3 of 8 or12 xsorf (4) Remove graffiti; (5) Furnish water required for irrigation and other purposes; (6) Maintain, repair and replace the automatic sprinkler system; (7) Furnish all energy required for landscaping park operation, and maintain, repair and replace any electrical fixtures emplaced by City; (8) Maintain and repair fences and gates when damage results from park uses; and (9) Pay for and provide park/recreation related improvement, upon notice to and approval by District, which shall be owned byhesponsibifity of the City. C. Annually during the period from November 15 to April 30, and at any time when Basin "XX" is flooded to the extent that District detennines it impractical to use for park purposes, District shall assume possession control and operation of Basin W", and shall continue in exclusive possession, control and operation thereof unci District determines and notifies City in warning that Drainage Basin 'XX' is safe for use by City for park purposes, and City acknowledges in writing that City assumes control and operation thereof for such purposes. During such pends from November 15 to April 30 and during any other period when Basin -XX' is deemed unsafe or in a condition where it is considered Impractical for use as a park and recreation area, Distinct shall keep Basin 'XX' looked to prevent ingress thereto by all persons except authorized employees of District and City. Page 4 of 8 D. Whenever District deems Basin "XX" to be safe and in a condition to be used for park purposes, it shall notify the Parks, Recreation and Community Services Department Director of City in writing, or the Directofs designated representative. Upon receipt of such written notification and until City acknowledges in writing that City assumes control and operating of the basin, the basin shall remain locked pursuant to Paragraph No. 3(C)hereof. Upon the Directors determination that Basin "XX" is safe, and in a suitable condition for use for park purposes, City shall assume control of the upper floor of Basin "XX" for pare purposes. During any period when Basin 'M" is in use for park purposes, City shall have the sole responsibility for securing Basin "XX" from Ingress by persons other man authorized employees of District and City during the hours when, in the sole discretion of City Basin "XX" shall be closed for use as a park. E District shall indemnify, hold harmless and defend City and each of Its officers, officials, employees, agents, consultants and volunteers from any and all claims, loss, liability, fines, penalties, forfeitures, costs and damages (whether In contact, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions of District or any of its officers, officials, employees, agents, consultants or volunteers in the performance of this Agreement, provided that nothing herein shall constitute a waiver by District of governmental Immunities including California Government Code Section 810 at seq. This subsection shall survive termination or expiration of this Agreement Page 5 of 8 u.uer,pc m,c.®mnmu�mka<�ry nruew.ae.�...rowu�.med,rcnIDa�luo 122601 F. City shall indemnify, hold harmless and defend Distdd and each of its officers, officials, employees, agents, consultants and volunteers from any and all claims, loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional ads or omissions of City or any of Is officers, officials, employees, agents, consultants or volunteers in the performance of this Agreement, provided that nothing herein shall constitute a waiver by City of governmental immuni ies including California Government Cade Section 810 at seq. This subsection shall survive termination or expiration of this Agreement. G. In the event of concurrent negligence on the pan of District or any of its officers, officials, employees, agents, consultants or volunteers, and City or any of its officers, officials, employees, agents, consultants or volunteers, the liability far any and all claims, demands and adlons in law or equity for such losses, fines, penaWes, forfeitures, costs and damages shall be apportioned under the Stale of California's theory of comparative negligence as presently established or as may be modRed hereafter. This subsection shall survive lamination or expiration of this Agreement. H. It is understood and agreed that District and City, maintain insurance policies or self-insurance programs to fund their respective liabilities. The parties agree that such respective policies and programs and their respective policies for Workers' Compensation shall contain a waiver of subrogation as to the other party and each of its officers, officials, employees, agents. consultants and volunteers. Page 6 of 8 maie6,m,..�,mamnwm.ur oraa,.ma..a6w.,�6a,., vomrcno 126 mi Evidence of insurance, certificates of insurance or other similar documentation shall not be required of either party under this Agreement. I. If either party commences any proceeding or legal action to enforce or Interpret any term, covenant or condition of this Agreement, each party shall pay Its own attorney's fees and legal expenses. 4. Any notice required under this Agreement to be given in writing may be served upon District by mailing the same by certified mall or personal delivery, addressed to the General Manager of the Distinct at its principal office, 5469 East Olive, Fresno CA 93727. Any notice required to be given in writing under this Agreement may. be served upon City by delivering the same personally to the Parks. Recreation and Community Services Director or by mailing the same by certified mall addressed to the City, attention of the Parks, Recreation and Community Services Director, 2326 Fresno Shall Room 101, Fresno, CA 93721-111 5. This Agreement shall continue through June 30, 2013 and shall automatically renew for additional renewal terms of 1 year each, provided Mat either party may terminate (i) on written notice following an event of nonperformance not covered within 30 days notice thereof (it) or 30 days written notice following an event of non -appropriation by a party's governing body. If this Agreement terminates during the Mat 5 years by the Distinct, the District shall pay Me City the value of improvements funded by the City per section 2.0 hereof. 6. This Agreement is binding upon and shall inure to the benefit of each party, and each party's more, successors, assigns, transferees, agents, employees or Page 7 of 8 iriodmmr20(71CAv I' eu'ri representatives. This Agreement may be assigned only upon the consent of the non - assigned party. Time is of the essence in pursuit hereof. ]. This Agreement Is the parties' complete Agreement as to the subject Mader hereof. This Agreement does not supersede or modify the parties B-26-65 Joint Maintenance and Operation Agreement, as amended. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year Bret hereinabove wnften. APPROVED AS TO FORM: BAKE MAfNOCK B JENSEN By 2 Tin ATTEST: REB CA E. KLISCH, City Clerk B cd+ u Deputy 7/3c/dg APPROVED AS TO FORM: JAMES C SANCHEZ, City Attorney Bya- B Robert Coyle, Sc Deputy FRESNO METROPOLITAN FLOOD CONTROL DISTRICT a California public agency _— rfle� f:-1 CITY OF FRESNO a municipal corporation By pp Title Page a of a Wm M12micnO 0 corm f LEGEND PORTION OF BASIN')O(' UPPER FLOOR TO BE USED By THE CITY OF FRESNO AS A PUBLIC PARK FOR RECREATIONAL USE Savin %%Legal Da aligim ernmeawrvgsl n"e wAnpty VASA�NFrmo G+I naea,I vav6ga ASST aw�wrM]nma]avfiava mi ae Ilwalmm"v SwM 1plsagvvl; W TIIVN"ilYMw¢d no EW,n,ItlW IV 61 MAInn VW CtlmY. nA,At�GYmy, woanpgPemm�Naynmem aBt tN Wvyd Swryv. Flvnp(umN"mr6,w LVIXonv. v®rpgmn tl'Onndtlamrinnbux a! ;,aa AS mvmE q SA,,I FmmC�"w�N Pwr6:ae ¢vNFnm 1nup Th�"Saual" SISN¢ d IM FenornlW tl A 1IIIgCEdN3SIII W0 ISan EX Iomapllw lat I W Im 0*, ca ito IAW N9O"Ex[ IW tl1 W� dIe)fAA1 lwaN: AIEOF ECPnNGM"E PFFMMm�miulWorolia lrXYMMIna IS pnmYdlr aEmavMuorMxr{Yv Swvweimrvemrwlp, SCALE 1"� BASIN "XX" LANDSCAPE CA®f Ri. I 60W FGCAERA'W FRESNO METROPOLITAN FLOOD CONTROL DLSTMC July 16,208 ao aammw coundl Adoption: 7/15/08 TO: MAYOR ALAN AUTRV f1wor Approval: Mayer Vero: FROM: REBECCA E. KLISCH, CMC Wxris a Request: City Clerk SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO Al the Council meeting of 7/15/08, Council took legislative action entitled Appv Basin XX agnnnt w/FMFCD, joint maintenance and operation of drainage basin park, Item No. IV, by the following vote: Ayes _ Calhoun, Caprioglio, Dages, Duncan, Peres, Sterling, Xiong Noes None Absent None Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's once on or before July 28, 2008. In computing Me ten day period required by Charter. the first day has been excluded and the tenth day has been Included unless the IOn day is a Saturday, Sunday or holiday, in which case it has also been excluded. Failure to file this memo with Me Clerk's Diics within the required time limit shall constitute approval of the ordinance, resolution or action, and It shall take effect without the Mayor's signed approval. Thankyou. APPROVED: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Alan Autry, Mayor Date. COUNCIL OVERRIDE ACTION: Date: Ayes Noes Absent Abstain