May 30, 2006
SUBJECT: Second Amendment to the Agreement Between the City of Sunnyvale and Sunnyvale School District for Access and Gate Improvement at Vargas School
REPORT IN BRIEF
The City has a project to install a new 16-foot wide chain link drive gate as a secondary or emergency entrance to the Mary-Carson Water Plant when access from Mary Avenue is not available. The Sunnyvale School District (District) has amended the Open Space Agreement with the City of Sunnyvale to allow non-exclusive access over a portion of Vargas School Site, which is adjacent to the Mary-Carson Water Plant (see attachment A). In return, the City would be responsible for maintaining the access area. The net increase in maintenance costs is expected to be minimal.
The area being granted for access to the City is approximately 45 feet by 425 feet or 19,000 square feet along the eastern boundary of the Vargas School. No financial consideration has been asked from the District
Staff is recommending that Council authorize the City Manager to sign the Second Amendment for access and gate improvement at Vargas School.
BACKGROUND
In June 1991, the City of Sunnyvale and Sunnyvale School District entered into an open space agreement pertaining to the use, maintenance and improvement for public recreational purposes of various buildings and open space areas at twelve (12) school sites of District within the territorial limits of City, including the Vargas School Site.
In the aftermath of the events of September 11, 2001, federal funding became available for cities and other water agencies to conduct vulnerability assessments. The City of Sunnyvale applied for and received funding for such a study and a final report was issued in 2003. Among the findings, the report recommended installation of climb resistant fencing at several City water facilities, including the Mary-Carson Water Plant. A capital project was approved in 2004 which would not only install the required fence improvements at the Wright, Central, Hamilton, Wolfe-Evelyn and Mary-Carson plants, but would also construct an emergency access gate at the Mary-Carson Plant.
EXISTING POLICY
Water Resources Sub-Element, Policy 3.1A.3h - Provide appropriate security and protection of water facilities.
DISCUSSION
During the early stages of project design, it was determined that an existing fence on the eastern side of Vargas school would provide the optimal location for a secondary and emergency access at the Mary-Carson Plant. The fence could also serve as a new perimeter fence for the western side of the Plant.
Negotiations with the District began in early February and recently concluded with both parties agreeing to the attached amendment to the Open Space Agreement. Other legal documents which would allow City access that were discussed included a right of entry permit, license, and permanent easement. Ultimately, the District preferred to amend an existing agreement rather than to issue a new agreement.
Construction has tentatively been scheduled to occur during the summer, when Vargas School is not in session.
FISCAL IMPACT
There will be no fiscal impact associated with accepting this amendment. Any net increase in maintenance cost, which is expected to be minimal, will be absorbed within the existing operating budget of Program 313 Water Supply and Distribution.
Conclusion
The Sunnyvale School District has proposed amending the 1991 Open Space Agreement with the City to allow installation of a gate for secondary and emergency access at Vargas School.
PUBLIC CONTACT
Notice has been provided through the publication and posting of the City Council Agenda. In addition, all Reports to Council are available in the Library and on the City’s internet home page.
ALTERNATIVES
1. Accept the Second Amendment to the Open Space Agreement and authorize the City Manager to execute the agreement.
2. Do not accept the Sunnyvale School District’s Second Amendment to the Open Space Agreement.
RECOMMENDATION
Staff recommends Alternative No. 1: Accept the Second Amendment to the Open Space Agreement and authorize the City Manager to execute the agreement.
Construction of climb resistant fencing and a 16-foot wide chain link drive gate at the Mary-Carson Water Plant will allow for secondary and emergency access through Vargas School.
Reviewed by:
Marvin A. Rose, Director, Public Works
Prepared by: Michael Chan, City Property Administrator
Reviewed by:
David Lewis, Director, Parks and Recreation
Approved by:
Amy Chan
City Manager
Attachment
A. Second Amendment to Agreement Between City of Sunnyvale and Sunnyvale School District Pertaining to the Amendment for City Access and Gate Improvement Near Vargas School Site. (.pdf 508kb)
Exhibit A (.pdf 25kb)
Exhibit B (.pdf 47kb)