HomeMy WebLinkAbout1992-177
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RESOLUTION NO.
92-177
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
SAID CITY AND SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
RELATING TO THE USE OF RECREATIONAL FACILITIES AND REPEALING
RESOLUTIONS 11165 AND 92-107.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized to execute on behalf of said City an agreement
with the San Bernardino City Unified School District relating to
the use of recreational facilities, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
SECTION 2.
Resolutions 11165 and 92-107 are hereby
repealed.
SECTION 3.
The authorization granted hereunder shall
expire and be void and of no further effect if the agreement is
not executed by both parties within 60 days following effective
date of the resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
1st
day of
June
, 1992, by the following vote, to wit:
II
II'
II
DB:u:l
4/29/92
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
SAID CITY AND SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
RELATING TO THE USE OF RECREATIONAL FACILITIES AND REPEALING
RESOLUTIONS 11165 and 92-107.
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA ---'L-
REILLY ---X-
HERNANDEZ ---X-
MAUDSLEY x
MINOR x
POPE-LUDLUM x
MILLER ~
/
/ -', /
_j,cA ill/Cdi'"
Rachel Krasney, city CIa k
The foregoing resolution is hereby approved this
3rd
day of
June
, 1992.
-------.
/
Approved as to form
and legal content:
/
\-
JAMES F. PENMAN
City Attorney
TB:u:l
4/29/92
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City Qf.S Bdno Res 92-177 adopted 6/1/92
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A G R E E MEN T
(Community Recreation)
THIS AGREEMENT made and entered into on this J5r day of
~a /11:J--, by and between the CITY OF SAN
BERNARDINO, hereinafter referred to as "City," and the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as
"District", both of whom understand as follows:
WHEREAS, City and District, mutually desire to promote the
health and welfare of the people of the city and of the District,
and to cultivate and develop good citizenship by providing for a
program of community recreation and to conduct such a program of
community recreation as will contribute to the attainment of
general educational and recreational objectives for the children
and adults of said District and said city: and
WHEREAS, the city and the District desire to cooperate with
each other to carry out such a recreational program under the
provisions of Chapter 6 of Division 12 of the Educational Code, and
to that end to enter into an agreement with each other to organize,
promote, and conduct a joint program of community recreation in
order to promote and culti.vate the health, welfare, and good
citizenship of the people of the City and the District: and
WHEREAS, the City and the District have previously maintained
a cooperative working arrangement, which has shown that the use of
grounds and facilities by the two authorities can afford the
community increased recreational opportunities at costs below what
would otherwise be required for comparable programs, and
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WHEREAS, the development of a recreational program to meet the
needs of the community requires optimum use of all publicly owned
facilities which are adaptable to use for recreational purposes,
NOW THEREFORE, in order to continue and improve the
cooperation of the City and the District in providing a program
of community recreation more adequate for the children and adults
within the boundaries of both the city and the District, it is
hereby mutually agreed that:
I. provision for Facilities
a.
That the District shall make available to the City the
use of certain outdoor facilities and buildings or
portions thereof, as specifically requested and for
the time requested, subject to the following conditions:
Charges for the cost of operation of the school
facilities used for community recreational purposes shall
be subject to negotiation by the two agencies pursuant to
the provisions of sub-paragraph d. hereof.
The party having responsibility for the supervision of
a program or activity of the community recreation
program may charge a fee to participants in recreational
classes for costs of supervision, instruction, or
materials used (so called "program costs"). Such fees
may be retained by the supervisory authority as a part of
its budget for providing leadership in the community
recreation program.
The Parks, Recreation and Community Services Department
shall provide, pay, and supervise the recreational
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b.
c.
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d.
leadership at school facilities where applicable. The
supervision of any Parks and Recreation activity at a
school site shall be in the ratio of at least one adult
supervisor to 25 youth participants. No fee shall be
charged in violation of Education Code sections 10902 or
10912.
Any Parks and Recreation personnel desiring use of
school facilities must make application for the same
through the central office of the Parks, Recreation and
Community services Department, which will coordinate such
use through the District.
Facilities desired must not be used until notifica-
tion of the granting of request is received. All other
evening and summer use of recreational facilities,
including athletic fields, shall be scheduled through the
Parks, Recreation and Community services Department,
subject to approval by the School District. The Parks,
Recreation and Community services Department will
coordinate with the District in the annual development of
a master schedule of use of school facilities by
organized youth sports groups.
The costs for the use of school facilities and any extra-
ordinary cost to be assessed for use of District
facilities which are to be used for recreational purposes
and schedules for use of said facilities shall be
established by a committee. The committee shall be
comprised of the District Superintendent, the Director of
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Parks, Recreation and community services Department
and/or their appointed representatives. Established fees
and charges shall be subject to the approval of the
governing board of District and the Mayor and Common
Council of the City.
e. No use of buildings, grounds, or equipment of District
for community recreation purposes pursuant to this
agreement shall interfere with the use of the buildings,
grounds, and equipment for other purposes of the public
school system of District. School programs and events
shall have first priority. The Community Recreational
program shall have second priority. Therefore, if an
educational need arises after establishment of any
schedule, the City shall relinquish its permit to use.
Districts will provide advance notice to the City should
such cancellations become necessary.
f. That advance schedules may be altered at the request of
either party with the concurrence of the other party.
g. That the administrative authority for any recreation
program shall be vested in the city Director of Parks
and Recreation. Actual program direction shall be the
responsibility of the Recreation Superintendent through
a delegated Recreation Supervisor.
h. That the school Principals shall be consulted and advised
concerning recreational activities planned for facilities
under the respective Principal's jurisdictions. Upon
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k.
1.
4/29/92
i.
request by the site principal, the Parks and Recreation
Department will provide a roster of participants
registered for the recreation activity at a school
site.
That the City Department of Parks, Recreation and
Community services Department shall provide the
materials, supplies, and equipment necessary to~
its recreational programs except that equipment
normally provided by the District and used for
educational and recreation programs may be provided
from Community service Funds.
That appropriate District and City staff will conduct
pre-use and post-use facility survey, and that the
City Department of Parks, Recreation and Community
services Department shall return buildings and grounds
used in as good condition as they were when received,
and shall replace and repair any building, equipment,
or grounds which are damaged by City use.
That the City Department of Parks, Recreation and
Community Services shall provide certain custodial and
maintenance service upon the request of the District if
major city-wide special recreational events or
activities should cause need for additional custodial
service.
That the City and School District shall periodically
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meet and confer and exert reasonable efforts to
effectuate the acquisition and development of
additional facilities for use by school and City for
educational and recreational purposes.
m. The city and School District shall execute a separate
agreement governing the contribution of dollars or in-
kind services to the supervision and operation of:
1. Community recreation programs operating in school
facilities or on school grounds.
2. District programs and activities operating in
facilities governed by the City.
II. Joint Aqreement Committee
There shall be established under this agreement a Joint
Agreement Committee which shall consist of the following members:
two (2) members of the Common Council of the City, two (2)
members of the Board of Education of the District, one (1) member
from the Parks and Recreation Commission, and one (1) member to
be appointed by the Board of Education. Two (2) staff members
each from the District and the City Parks, Recreation and
Community Services Department shall serve as liason to the
committee. The committee shall elect its chairman from among its
members. The responsibilities of this committee shall be limited
to operations under the provisions of this agreement and shall be
as follows:
a. To review and recommend to the Board of Education of
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".
the District and the Mayor and Common Council of the
City those matters which pertain to use of school
facilities.
b. To review this agreement and advise the Board of
Education of the District and the Mayor and Common
Council of the city of the effectiveness of the
agreement and to make such recommendations as may
be appropriate regarding changes or amendments to
the agreement. The Joint Agreement Committee shall
meet as often as necessary and at least once annually.
c. To discharge their responsibilities as called for
herein and carry out any other functions and
responsibilities pertaining to the community recreation
program as may from time to time be delegated by the
Board of Education of the District and the Mayor and
Common Council of the city.
This agreement may be amended or modified by written
agreement executed by both parties. Either party may
terminate this agreement, effective at the commencement of
a fiscal year (July lj by giving written notice to the
other party at the earliest possible date prior to the final
adoption of the District and City budgets for the tecmnabn
fiscal year and at least 15 days prior to the date the other
party adopts its final budget for said fiscal year. The
district reserves the right to make separate agreements with
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any other city falling wholly or partly within its
boundaries and with any other contiguous school districts
and City reserves the right to make separate agreements with
any other school district falling wholly or partly within
its city limits or with any
other cities within its nearby
area.
This agreement shall commence when approved and signed
by both parties, and shall be deemed to be automatically
renewed on or about July 1 of each year unless terminated.
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
Harold L. Bor ng, Ed.D.
Assistant Superintendent
Administrative Services
Date:
,i'I:: j 1 1991
Date: JUlt 22 \991
~/
~~/t 4bA~
Louis E. Yeag~ -
President
Board of Education
Attest:LXa.e..ld.- ~
city Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City ttorney
JUII 29 1992
Date:
II
,
e. -yt--w-~
?
By:
4/29/92
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,
,
San Bernardino City Unified School District
CERTIFICATION OF MINUTES
The Board met in regular session on the 21st day of April, 1992, at the usual meeting
place thereof. The meeting was called to order at 5:30 p.m.
Members present:
H. Brown, M. Brown, Diaz, Neigel, Obershaw, Savage,
Yeager
Members absent:
None
The adoption of the following resolution and order was moved by Member Obershaw,
and seconded by Member H. Brown, and a vote being taken, the said resolution and
order was adopted by the following votes of members present at that time.
AYES:
H. Brown, M. Brown, Diaz, Obershaw, Savage, Yeager
NOES:
None
ABSTENTIONS:
Neigel
BE IT RESOLVED that the Board of Education approves terminating the existing
Community Recreation Agreement with the City of San Bernardino dated September 28,
1972, with the termination effective April 22, 1992.
BE IT ALSO RESOLVED that the Board of Education approves entering into the
Community Recreation Agreement with the City of San Bernardino, effective April 22,
1992, until terminated, per terms of the Agreement.
BE IT FURTHER RESOLVED that Louis E. Yeager, President of the Board of
Education, be authorized to sign said Agreement on behalf of the Board of Education.
I, E. NEAL ROBERTS, Secretary of the Governing Board of the San Bernardino
City Unified School District hereby certify that the foregoing is a true and correct copy
of a resolution duly made, adopted and entered in the Board minutes of the Governing
Board of the San Bernardino City Unified School District on the 21st day of April, 1992.
Dated:
April 23, 1992
-t~rk!~
Secretary, Boa -of Education
Agenda Item 9.21