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HomeMy WebLinkAbout22-Parks and Recreation CJT~ OF SAN BJihARDINO - REQUES9FOR COUNCIL ACTION From: Annie F. Ramos, Director Subject: Resolution authorizing the execution of an agreement between City of San Bernardino and San Bernardino Unified School District relating to the use of recreational facilities. Dept: Parks, Recreation & Community Services Date: March 18, 1992 Synopsis of Previous Council action: September 18, 1992 - Council adopted Resolution 11162 authorizin9 an agreement relating to use of recreational facilities. Recommended motion: Adopt the Resolution. a-I) . A(PA{ --/.. f-~ It;' I Signature Contact person: .1nhn Kraml!r Phone: 5031 all Supporting data attached: Staff Report, Agreement Ward: FUNDING REOUIREMENTS: Amount: N/A Source: (Acct. No.1 I Acct. Descriotion) Finance: Council Notes: ...'" ^""'.. Aaenda Item No. :J ~ CITY OF SAN BEo.ARDINO - REQUESQ:OR COUNCIL ACTION . . STAFF REPORT A joint use aqreement between the City and San Bernardino City Unified School District was first established in September, 1972. This resolution updates the 1972 aqreement to meet current use requirements. The obj ecti ve of the aqreement remains the same: To maximize the use of public facilities, the City's and the school district's, for recreational purposes, contributinq to the health, welfare and qood citizenship of the community, This aqreement has been renewed and approved by the joint use committee. The joint use committee was established by the 1972 joint use aqreement and is comprised of two council members, a member of the Parks and Recreation Commission, two school board members and one at-larqe board appointment. 75-0264 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION NO. 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 RESOLUTION 11162. 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. Resolution 11162 is 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 and returned to the office of the City Clerk 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 day of meeting thereof, held on the , 1992, by the following vote, to wit: II II II II 3/31/92 -1- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 RESOLUTION 11162. COUNCIL MEMBERS ADS. &US. ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLUM MILLER ABSENT Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1992. Approved as to form and legal content: W. R. Holcomb, Mayor City of San Bernardino JAMES F. PENMAN City Attorney B~~/J". ) 3/31/92 -2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ o o AGREEMENT (Community Recreation) THIS AGREEMENT made and entered into on this day of , by and between the CITY OF SAN BERNARDINO, hereinafter referred to as "Ci ty , " 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 Ditrict, and to cultivate and develop good citizenship by providing for a program of community recreation and to conduct such a program of communi ty 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 cultivate 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 3/31/92 -1- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 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: a. 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. b. 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. c. The Parks, Recreation and Community Services Department /31/92 shall provide, pay, and supervise the recreational -2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /31/92 28 o o 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 16653 or 16661. 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. d. 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 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 3/31/92 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3/31/92 o o 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 j. k. 1. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 coverning 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 Aareement 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 1iason 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 3/31/92 -6- o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1) by giving written notice to the ~ party at the earliest possible date prior to the fin a 1 adoption of the District and City budgets for the ~ 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 3/31/92 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT W. R. HolCOmb, Mayor City of San Bernardino Date: Date: Approved as to form and legal content: JAMES F. PENMAN C~~y /):::~~~9J/2.12. B~~ II II II 3/31/92 -8-