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HomeMy WebLinkAboutContracts & Agreements_26-1978 k 5/18/78 9 A G R E E M E N T THIS AGREEMENT, made and entered into this 23rd day of May , 1978, by and between the CITY OF REDLANDS , hereinafter called "City, " and the REDLANDS UNIFIED SCHOOL DISTRICT, hereinafter called "Schools. " Said Agreement rescinds the prior agreement be- tween City and Schools dated September 10 , 1974. WHEREAS , the governing bodies of the City and Schools have jurisdiction over some of the same territory, and that the territory over which they do not have the same ,jurisdiction is continuous , and WHEREAS, pursuant to the Community Recreation Enabling Law, Reorganized Education Code of California, Division 1 , Part 7, Chapter 10, 10900-10916 , by which said governing bodies agree to abide, any two or more public authorities having jurisdiction over any of the same territory or over contiguous territory may ,jointly establish a system or systems of recreation and may ,jointly do any act which either is authorized to do under Section 10905 of said Act , and WHEREAS, said governing bodies agree that community recreation is necessary for the purpose of the development of good citizenship and promoting and preserving the health and general welfare of the people of the territory over which they have jurisdiction NOW, THEREFORE, it is hereby agreed between the parties hereto as follows , to wit 1 There is hereby created a body consisting of seven (7) members to be known as the Redlands Recreation Commission, a Members of this Recreation Commission shall be residents of the City of Redlands , or the area served by said Commission , and they shall serve without compensation b The membership of the Recreation Commission shall be appointed in the following manner 1) The Redlands School Board shall appoint one (1) member (member at large) to the Recreation 10 Commission who shall not be an employee or elective official of the Schools, or live within the city limits of Redlands . 2) The City Council of Redlands shall appoint one (1) member (member at large) to the Recreation Commission who shall not be an employee or elective official of the city, or lave outside the city limits of Redlands 3) The Redlands Unified School Board and the City Council shall ,jointly appoint one (1) member (at large) to the Recreation Commission who shall serve as chairperson of the Commission and who shall not be an employee or an elected official of either City or Schools. 4) The Redlands Unified School Board shall name two (2) of its members to represent said public authority. 5) The City Council shall name two (2) of its members to represent said public authority. 6) The Superintendent of Schools and the City Manager or persons designated by them shall be ex officio members without vote , who shall act as technical advisors and attend meetings of the Commission 7) The Director of Recreation shall serve as Execu- tive Secretary of the Commission without vote 2 The general purpose of the Commission shall be * a. To organize, promote and conduct a program of com- munity recreation for the children, youth and adults of the City and the School District b. To encourage and cooperate with community service agencies and organizations in their existing recreation programs c To recommend capital improvement as may be necessary in carrying out recreational activities -2- It d. To acquire by conveyance, lease or otherwise and to establish recreation centers, including such places, structures, areas, or other facilities as may be used fo'r community recreation. e To establish rules, fee schedules and programs, and purchase supplies and equipment. f. Submit an annual budget to the School Board and the City Council in a tamely manner for consideration during their regular budget cycle. Such budget to be prepared in accordance with procedures established in Section 3 of this agreement. 3. The procedures herein set forth are to be followed in the preparation and approval of the annual Recreation budget. a. Preparation of a draft budget by the Recreation Director in a timely manner during the regular budget cycle of the governing bodies. b. Submission of said draft budget to the following bodies in the following manner and sequence for review and revisions before Recreation Commission review and approval. (l) Appropriate staff or departments of each Qf the governing bodies. (2) Joint staff committee composed of City Manager, City Finance Director, Recreation Director, Superintendent of Schools, School Business/ Finance Manager. C. Submission of revised and reviewed budget to Recreation Commission for approval. d. Submission of budget by Recreation Commission after their review and approval to School. Board and City Council for allocation of funds as set out in Section 7 of this Agreement. 4 . The Recreation Commission shwa ` promptly hold an organ-- fi izational meeting and choose a Fxfr irr:.. ' ce-chairman, a Regular meetings shall be held on the second Thursday Y of each month or upon call by the Chairman or at four the written request of � or more members of the _3- 60) 11 12 Commission Notice may be given personally or by phone at least twenty-four hours before such meeting, or without notice if four members agree upon the time and the date of such meeting. b The meeting place, unless otherwise designated, shall be in the School Board Room, in the City of Redlands. 5. The office of Director of Recreation is hereby created a. The appointment and dismissal of the Director of Recreation shall be by the Recreation Commission subject to ratification by the City and School and in conformity with Article 133, Sections 1335, 1336, and 1337 of the Redlands Ordinance Code and Ordinance No 1089 of the City of Redlands b. The Director may appoint or remove other personnel subject to all ordinances, rules and regulations pertaining to personnel of said City. C. The Director' s salary shall be established by recom- mendation of the Commission and approval by the City Council and School Board The Director shall be solely responsible to the Commission in the imple- mentation of Commission policies. The Director shall be responsible to the City Manager for per- sonnel administration and internal management of the Recreation Department. d. The Director of Recreation shall serve as Executive Secretary to the Recreation Commission. e. The Commission shall be subject to the jurisdiction of City and Schools at all times and may be over- ruled in any of its actions by a majority vote taken at separate meetings of their governing body. 6 . There is hereby created a fund to be known as the Recreation Fund. a. The Recreation Fund shall account for all financial transactions related to activities over which the Recreation Commission has jurisdiction. -4- 13 b. The Commission may recommend fees to be charged for services rendered, and accept monies from other public agencies, or from donations, legacies, or bequests from other sources, which monies shall be deposited in the Recreation Fund. C. The City shall be designated as the fiscal agent for the Recreation Commission, and shall establish such accounting procedures for the receipt and disbursement of monies as may be required. d. All costs of operation of all facilities used by the Commission for recreational purposes shall be paid from the Recreation Fund. e. The Commission shall frequently review the revenues and expenditures of the Recreation Department to ascertain that budgetary limitations are not being exceeded. f. The City shall perform an annual audit of the Recreation Department Fund and provide a certified copy to the Commission. 7 . The City and School Board shall review the Commission' s recommended annual budget and allocate funds to meet the require- ments in amounts and/or manner as mutually agreed to in a joint session of the City Council and School Board. 8. Schools shall make available to the Commission for community recreation activities: a. All permanently operated playground areas which are suitable for community recreation activities ; these areas to be selected by the Director of Recreation. b. Schools further agree to allow the Commission to use other selected school facilities which are suitable for community recreation programs. These facilities are to be selected by the Director of Recreation and approved by the Superintendent of Schools -5- 14 9 The Commission shall be subject to the jurisdiction of City and Schools at all times, and may be overruled in any of its actions by a majority vote taken at separate meetings of their governing bodies . The Commission shall be governed by the California Recreation Enabling Act , and any amendment thereto 10 This Agreement shall remain in full force and effect until July 1 , 1980 This Agreement may be renewed, altered, or amended at any time, in whole or in part , upon mutual consent of both parties hereto 11 On the event of dissolution of the Commission , any surplus monies on hand at the date of dissolution shall be returned in proportion to the contributions made by City and Schools . Any property, in the event of dissolution shall be distributed to the City and Schools in shares proportionate to the City and Schools contributions to the acquisition of said property (Government Code 6511 and 6512) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf REDLZNIFtID=SCHOOL DISTRICT CITY OF REDLANDS Assistant Superintendent r a.yor / Attest ' -6- NEW BUSINESS (Continued) lowering the position of library secretary to a library stenographer with a two--range decrease, was unanimously adopted. Resolution No. 3495 on the agenda at this time was adopted with the following insertion- "generally, not Resolution more than two ash internments with a body, except that No. 3495 more may be interred in extenuating circumstances with Cemetery approval of the staff, " . . . Resolution No. 3495 was unanimously adopted on .motion of Councilman Knudsen, seconded by Councilman DeMirjyn. Resolution Resolution No. 3497, setting the first meeting of the No. 3497 City Council in July on Wednesday July 5th rather than July 5th July 4th, was unanimously adopted on motion of Council- Meeting man DeMirjyn, seconded by Councilman Elliott. On motion. of Councilman DeMirjyn, seconded by Council- man Knudsen, unanimous approval was given to Resolution Resolution No. 3498. a resolution that rescinds and corrects the No. 3498 SB-395 Fund Allocation in Resolution No. 3463. The SB--395 Funds revised allocations are $140, 186.00 for OMNITRANS and $397,067.00 for streets and highways . = On motion of Councilman DeMirjyn, seconded by Council- Resolution man Knudsen, Resolution No 3499, a resolution of the No. 3499 City Council authorizing the use of four water wells Water Wells for domestic purposes, was unanimously adopted. The wells are known as the Lee Well, Rees Well, Agate Well, and Crafton Well. Approval was given unanimously by Council. CITY MANAGER A Joint Powers Agreement between the City and the Redlands Unified School. District continuing this rec- reation point program was adopted on motion of Council- man Knudsen, seconded by Councilman DeMirjyn. Council-- Recreation man Knudsen added the amendment that would require Agreement V elimination in Paragraph 4 of the words "chairman and secretary. " This Joint Agreement was unanimously adopted with authorization for the Mayor to sign on, behalf of the City. General On motion of Councilman DeMirjyn, seconded by Council- Employees man Elliott, a Memorandum of Understanding between the Memorandum City and General Employees was unanimously approved by of the City Council Mr. Mitchell reminded Council of the Understanding provisions relating to possible passage of the Jarvis Amendment Page four - June 6, 1978 r' June 1, 1978 MEMO TO . Mayor Oddie J. Martinez, Jr Members of City Council SUBJECT JOINT POWERS AGREEMENT/RECREATION COMMISSION The attached Joint Powers Agreement was approved by the School Board at its meeting of May 23, 1978 . The Joint Powers Agreement was developed through a series of meetings between the School Superintendent' s Office and the Manager' s Office, and as you will recall, included one meeting at which there were two Councilmen and two School Board Members. The new agreement incorporates some significant changes One of the changes is the composition of the Recreation Commission. There will now be three appointed persons instead of one Hopefully, members from outside the city will be appointed who can become familiar with the recreation needs of the county area and work towards meeting those needs should the Recreation Commission cease to exist in the future Another very significant change is the removal of specific cents per tax dollar contributions of the City and School District This should remove an element that was of considerable controversy in the past. There is reason to believe that the School District will further decrease its contribution in the future . The procedure for preparing and approving the Recreation Budget has also been changed and will assure proper staffing of the budget before it goes to both the Commission and the parent bodies for approval Another significant change is that it removes fees for the use of school facilities . The Council should realize that future contributions of the School District to the Recreation budget are uncertain . In working the problem of a new Joint Powers Agreement, this factor was carefully considered. There must always be a Recreation Department in the City of Redlands and realistically one must acknowledge that it is a direction we will be moving. We have a responsibility to minimize the double dipping effect on the City of Redlands for recreation services provided outside the City. it is recommended that the Council approve the Joint Powers Agreement and authorize signature by the Mayor. BOB MITCHELL City Manager xc Recreation Dept Att Joint Powers Agreement