____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.g
Meeting Date: May 4, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library and Recreation
Prepared by: Craig Veramay
Assistant Library and Recreation Director
City Manager Approval: ______________
TOPIC: MANAGEMENT OF FREITAS PARK TENNIS COURTS
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED
AND RESTATED JOINT POWERS AGREEMENT WITH MILLER CREEK SCHOOL
DISTRICT FOR THE JOINT USE OF SCHOOL FACILITIES FOR COMMUNITY
RECREATION PURPOSES
RECOMMENDATION:
That the City Council adopt a resolution authorizing the City Manager to enter into an amended and restated Joint Powers Agreement with Miller Creek School District for the joint use of school facilities for community recreation purposes.
BACKGROUND:
The City of San Rafael operates a tennis court facility on the Vallecito Elementary School campus field.
The courts are on property owned by the Miller Creek School District (MCSD). In 1973, the City and MCSD entered into a Joint Powers Agreement (JPA) authorizing the City to maintain and operate the tennis courts for public use (Attachment 1). Since then, the City has managed the courts, which are located across the street from Freitas Park and commonly known as the Freitas Park Tennis Courts.
ANALYSIS:
The National Park and Recreation Administration recommends that typical agencies with populations of 50,000 to 60,000 maintain a benchmark of at least one tennis court per 6,413 residents. Currently, San Rafael has three operational tennis court facilities with eight (8) playable courts. • Albert Park (4 courts)
• Peacock Gap (2 courts)
• Freitas Park (2 courts)
As the only functional tennis courts in North San Rafael, the Freitas Park courts are an important facility for the City to maintain amenity levels within recommended benchmark ranges. For that reason, the Freitas Park tennis courts were identified in the City’s Park and Recreation Master Plan as a near term SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
priority for resurfacing, accessible pathway improvements, and other associated repairs, since the courts are approaching the end of their useful life.
In Fiscal Year 2025-26, the City appropriated Measure A funding as part of the annual Measure A workplan to this project. As part of the preparation for this work, the City met with MCSD personnel to review our current agreement, ensure all parties understood and agreed to the scope of work, and evaluate opportunities for collaboration and efficiency. In those conversations, MCSD and City staff agreed there were several terms in the 1973 agreement that would be helpful to clarify, including establishing a defined agreement term, clarifying maintenance access, and clarifying the active use area.
Additionally, MCSD identified an opportunity for the City to coordinate desired accessible pathway improvements with an MCSD planned and funded pathway improvement project leading to the Mark Day School, just north of the active use area.
The revised and restated JPA (Attachment 2) maintains the core terms of the existing JPA, while updating it to reflect more modern agreement language and incorporating mutually agreed upon terms.
If approved, the City will begin designing the new Freitas Park Tennis Courts in Summer 2026. The design will incorporate resurfacing the courts, installation of a new drinking fountain, and accessible pathway improvements connecting to the Mark Day School. The design team will evaluate existing lighting and control systems and fencing and gate entrance improvements. Unrelated to this JPA amendment, this design process will also include resurfacing and underlayment repairs at the Peacock Gap Park tennis courts, which are also approaching end of useful life.
COMMUNITY OUTREACH: (if applicable)
City staff have met with representatives from Miller Creek School District and mutually agree to the proposed terms. MCSD is scheduled to bring this proposed JPA to their Board on May 12.
City Council previously approved inclusion of the Freitas Park Tennis Court Resurfacing project as part of the measure A Workplan in the FY2025-26 budget.
FISCAL IMPACT:
There is no direct fiscal impact associated with authorizing the amendment of this agreement. Managing and operating the Freitas Park Tennis Courts requires annual maintenance, utility, and operational expenses, which are included in annual operating budgets. The proposed resurfacing and improvements to the Freitas Park tennis courts is estimated to cost approximately $250,000. These funds were appropriated as part of the Fiscal Year 2025-26 Measure A Workplan and included in the City’s Capital Improvement Program. Since work hasn’t begun, the funds will be requested for reappropriation in Fiscal Year 2026-27 through the Measure A Workplan and Capital Improvement Program, which will be brought to City Council at a later date for review and approval.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Authorize the City Manager to enter into an amended and restated JPA
2. Authorize the agreement with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
That the City Council adopt a resolution authorizing the City Manager to enter into an amended and restated Joint Powers Agreement with Miller Creek School District for the management and operation of the Freitas park Tennis Courts. .
ATTACHMENTS:
1. Existing Joint Powers Agreement between the City of San Rafael and Miller Creek School District (formerly Dixie School District) for management of the Freitas Park Tennis Courts
2. Resolution
3. Amended and Restated Joint Powers Agreement for management of the Freitas Park Tennis Courts.
RESOLUTION NO. 4434
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HERESY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with Dixie School District - Joint Powers Agreement
a copy of which is hereby attached and by this reference made a part hereof.
I, MARION A. GRADY, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting --------- of the Council of said City held on Monday the 5th --------- day of ____ M_a_r_c_h _ ____ , 19~, by the follO\.ving vote, towi th:
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
MARION A. GRADY City Clerk
RENEE
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BURDiSSO - ucpury
~~~~- C.iry Clerk
OH!GiNAl
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JOINT POWERS AGREEMENT
THIS AGREEMENT, made and entered into this _f" ·L
1973, by and between DIXIE SCHOOL DISTRICT, of Marin County, hereinafter n,fcrred to as "DISTRICT", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY",
WITNESSETH:
WHEREAS, Chapter 5, Division 7, Title 1 of the California Government Code provides for joint powers agreements between public bodies; and WHEREAS, it is in the mutual interests of the parties hereto to construct certain improvements on the Don Timoteo and Vallecito School sites for community recreation and park purposes and for the use by District, said Don Timoteo and Vallecito School sites shall hereinafter be referred to as "SCHOOL SITE"; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows:
CITY agrees to:
1. Expend a sum not to exceed $26,000.00, for developments and improvements on the School Site. These improvements shall include the following:
11. l'rwtr.1llation oF two H .'(/Ul.1L.ion l:on11iu co11rtu un Val.J.vc:ito School property.
B. Installation of pedestrian walkway which will provide access from the corner of Nova Albion Way and Montecillo Road to the two said tennis courts.
2. Be responsible for and shall undertake responsibility for the daily care and maintenance of said School Site encompassed within these improvements, upon completion of the improvements.
DISTRICT agrees to:
1. Grant to the Parks and Recreation Department of said City access to the described facilities and complete control, supervision and maintenance of the tennis court facilities, enabling said facilities to be open to the general public. A schedule shall be prepared wherein and whereby said facilities shall be available to District; however, such schedule shall be determined by the Parks and Recreation Department of the City of San Rafael. The exact location of said improvements is set forth on Exhibit "A", attached hereto.
IT IS FURTHER AGREED:
1. That the Parks and Recreation Department of said City, hereby holds the District, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the City under the provisions of this Agreement.
City further agrees to be responsible for all damages to District property caused as the proximate result of any construction undertaken or done pursuant to the provisions of this Agreement.
2. That the District hereby holds the City, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to proporty or injury or death of persons received or suffered by reason of any actions of the District under the provisions of this Agreement.
3. This Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon one (1) year's notice.
4. In case of cancellation by the District, District shall reimburse City for the fair market value of the improvements.
5. In case of cancellation of this Agreement by the City, or abandonment by the City of the facilities described herein, the District reserves the right, at District option, (a) to control and supervise these facilities or (b) to have said facilities removed from School Site, with the City paying for removal.
IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement the day and year first above written.
ATTEST:
CITY OF SAN RAFfiEL
/ -
/:.: . By ~;/ -~lt( ( f
Mayor
MARION A. GRADY, City
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN
AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN
RAFAEL AND THE MILLER CREEK SCHOOL DISTRICT FOR THE JOINT USE OF SCHOOL
FACILITIES FOR COMMUNITY RECREATION PURPOSES
WHEREAS, the Community Recreation Act (California Education Code Sections 10900 through 10914.5) authorizes school districts and cities to organize, promote, and conduct community recreation programs and activities to promote the health and general welfare of the community; and
WHEREAS, the Miller Creek School District (“District”) owns certain real property and facilities within the City of San Rafael that are suitable for community recreational use; and WHEREAS, the City of San Rafael (“City”) and the District recognize that shared use of publicly owned facilities promotes efficient use of public resources and expands recreational opportunities for the community; and
WHEREAS, California Education Code Section 10905 authorizes public agencies to enter into joint use agreements for these purposes; and WHEREAS, the City and District previously entered into a Joint Powers Agreement dated March 5, 1973 (“1973 JPA”) concerning improvements and use of certain school sites; and
WHEREAS, the City and District now desire to terminate and replace the 1973 JPA with an Amended and Restated Joint Powers Agreement (“Agreement”) to reflect current conditions and operational practices; and
WHEREAS, the Agreement provides for City use, maintenance, and operation of designated “Active Use Areas” at District sites, including athletic courts and related facilities, for community recreational purposes; and
WHEREAS, the Agreement establishes a fifteen (15) year initial term with automatic annual renewals, unless terminated with 90 days’ written notice; and WHEREAS, the Agreement clarifies responsibilities for maintenance, operational costs, improvements, liability, and indemnification between the parties; and WHEREAS, the City Council finds that approval of the Agreement is in the public interest and will enhance recreational opportunities for residents of San Rafael.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council:
1. Approval of Agreement. The City Council hereby approves the Amended and Restated Joint Powers Agreement between the City of San Rafael and the Miller Creek School District, in substantially the form presented to the City Council.
2. Authorization to Execute. The City Manager is hereby authorized to execute the Agreement, with minor non-substantive modifications, so long as the modifications are approved as to form by the City Attorney.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 4th day of May, 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
LINDSAY LARA, City Clerk
1 AMENDED AND RESTATED JOINT POWERS AGREEMENT
This Agreement, made and entered into this _____ day of ________, 2026, (“Effective Date”) by and between the Miller Creek School District, of Marin County, hereinafter referred to as “District”, and the City of San Rafael, a charter city, hereinafter referred to as “City”.
RECITALS
WHEREAS, the Community Recreation Act (California Education Code sections 10900 through 10914.5) authorizes school districts and cities to organize, promote, and conduct community recreation programs and activities to promote the health and general welfare of the community; and
WHEREAS, the California Civic Center Law (California Education Code sections 38130-38138) establishes a civic center at every school for use by citizens for a variety of purposes, including recreation; and
WHEREAS, the District is the owner of real property in the City, including facilities and active use areas that are capable of being used by the City for community recreational purposes; and
WHEREAS, under appropriate circumstances, these publicly held lands and facilities should be used most efficiently to maximize use and increase recreational opportunities for the community; and
WHEREAS, California Education Code section 10905 authorizes the governing bodies to enter into agreements with each other to promote the health and general welfare of the community and to enhance the recreational opportunities afforded to the community; and WHEREAS, the parties previously entered into a Joint Powers Agreement dated March 5, 1973 (“1973 JPA”) for the City to construct certain improvements to the Don Timoteo and Vallecito School sites; and
WHEREAS, the parties desire to amend and restate the 1973 JPA; and Now, therefore, in consideration of the mutual promises and covenants hereinafter contained, the City and District agree as follows:
1. Status of 1973 JPA. The 1973 JPA is hereby terminated and replaced with this Agreement.
2. Term. This Agreement will begin on the Effective Date and will continue for a period of fifteen (15) years and then shall be automatically renewed on an annual basis unless sooner terminated as provided for hereinafter in Section 13.
3. Facilities covered. The term “Active Use Areas” will be used for purposes of this Agreement to mean the designated athletic courts and walkway at the Mark Day School and Vallecito School site as identified on Attachment A to this Agreement. 2 4. Permitted Uses of Active Use Areas. The City and third parties authorized by the City will be entitled to access to and use of the Active Use Areas for community recreational purposes for the benefit of the public. The City shall have complete control, supervision and maintenance of the athletic courts within the Active Use Areas.
5. Compliance With Law
All use of District property shall be in accordance with state and local law. In the case of a conflict between the terms of this Agreement and the requirements of state law, the state law shall govern. Any actions taken by the District or the City that are required by state law, but are inconsistent with the terms of this Agreement, shall not be construed to be a breach or default of this Agreement.
6. Operational Costs
a. Each party shall bear the cost of any wages and benefits and overtime incurred by their employees in carrying out this Agreement.
7. Fees and Charges. The District shall not charge the City any fees for its use of the Active Use Areas.
8. Improvements
a. The City shall obtain prior written consent of the District to make any alterations, additions, or improvements to District Active Use Areas. b. Any such alterations, additions, or improvements will be at the expense of the City, unless otherwise agreed upon.
c. The District may, for good cause, require the demolition or removal of any alterations, additions, or improvements made by the City at the expiration or termination of this Agreement. “Good cause” includes reasons of health, safety, or the District’s need for the District property for educational purposes.
9. Supplies. The City shall furnish and supply all expendable materials necessary to carry out its programs while using the Active Use Areas.
10. Maintenance. The City agrees to maintain the Active Use Areas. The District agrees to allow the City to access the Active Use Areas during the term of the agreement for maintenance purposes.
11. Restitution and Repair. Subject to the City' s limitations of budget and other resources, the City shall be responsible for repairing, remediating, or funding the replacement or remediation of any and all damage or vandalism to the Active Use Areas. 3 12. Liability and Indemnification
a. The City shall defend, indemnify, and hold the District, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents, or employees.
b. The District shall defend, indemnify, and hold the City, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents or employees.
13. Termination. This Agreement may be terminated at any time prior to its expiration, with or without cause upon 90 days written notice.
14. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes any prior negotiations, representations, agreements, and understandings.
15. Amendments. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.
16. Counterparts and Signature. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages by be delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.
4 CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:
City Clerk
_________________________________
________________________________,
_________________________________
MILLER CREEK SCHOOL DISTRCIT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Exhibit A: Approximate Active Use Areas
5