2008/10/14 City Council Resolution 2008-162RESOLUTION NO. 2008-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE AGREEMENT WITH COTATI - ROHNERT PARK UNIFIED SCHOOL
DISTRICT FOR JOINT USE OF CERTAIN PUBLIC FACILITIES OWNED BY CITY OF
ROHNERT PARK AND COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT
WHEREAS, the Recreation Director has met with officials of the Cotati - Rohnert Park
Unified School District (C.R.P.U.S.D.) and reviewed the existing Joint Use Agreement for
Facility Use, finding that the terms and conditions have proven satisfactory this past year;
WHEREAS, the Recreation Department and C.R.P.U.S.D. desire to continue the sharing
of facilities, through the Joint Use Agreement, for the provision of services to the public; and
WHEREAS, the Joint Use Agreement expired on June 30, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve that certain Agreement, by and between the Cotati - Rohnert Park
Unified School District, and the City of Rohnert Park, for the joint use of certain public facilities
owned by the City of Rohnert Park and the Cotati - Rohnert Park Unified School District for the
term of September 12, 2008 through June 30, 2011.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 14th day of October, 2008.
CITY OF ROHNERT PARK
Mayo
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT BETWEEN CITY OF ROHNERT PARK
AND COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT
FOR JOINT USE OF CERTAIN PUBLIC FACILITIES
OWNED. BY CITY OF ROHNERT PARK AND
COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT
This agreement ( "Agreement"), by and between the City of Rohnert Park, a general law city and
a municipal corporation ( "City "), and Cotati - Rohnert Park Unified School District ( "District ")
for joint use of certain public facilities owned by City and District, is entered into and effective
this 12th day ofsept. , 2008, as follows:
GENERAL RECITALS
A. City owns certain public property and public facilities which District could use at
times when City is not using the property or facilities. Likewise, District owns certain public
property and public facilities which City could use at times when District is not using the
property or facilities.
B. The purpose of the Agreement is to provide for the use of City -owned or managed
public facilities by District and for the use of District -owned or managed public facilities by
City.
C. The District has adopted a Civic Center Act Policy (Board Policy and
Administration Regulation 1330.1) ( "Civic Center Act Policy ") which governs the use of school
facilities and grounds pursuant to the Civic Center Act, California Education Code Sections ,
38130 et seq. Any inconsistency between this Agreement and the Civic Center Act Policy shall
be governed by the Civic Center Act Policy.
D. It is also a purpose of this Agreement to allocate responsibility for the safety and
protection of children and others while the facilities are being used by the non -owner user and to
allocate risk or liability to the user of the facilities or public property.
AGREEMENT
In consideration of the foregoing and the further covenants and conditions herein
contained, City and District do hereby agree as follows:
1. Recitals. The above recitals are true and correct.
2.. . City Facilities. City owns the facilities described on the attached Exhibit "A,"
incorporated by reference herein ( "City facilities "). -
3. District Facilities. District owns the facilities described on the attached Exhibit
"B," incorporated by reference herein ( "District facilities ").
4. District Use of City Facilities. City agrees that District may use the City facilities
at any time when the City facilities are not being used for a City activity provided such use does
not result in a loss of rental fees to City from third party uses.
5. City Use of District Facilities. District agrees that City may use the District
facilities according to the following priorities, as set forth in the District's Civic Center Act
Policy, a copy of which is attached hereto and incorporated herein as "Exhibit C ":
a. Educational programs of the District (clubs, class events, etc.).
b. Contracted uses (leases and licenses pursuant to the Education Code).
C. School and District affiliated groups (PTA, booster clubs).
d. Public agencies and public affairs groups (nonprofit).
e. Community recreational and cultural groups.
f. Private, non: school connected classes and educational events.
g: Profit- making or commercial events, out -of- District groups, etc.
City use of District facilities is defined as uses for programs and activities directly
sponsored by the City. These uses are separate and distinct from uses by third parties, as listed in
the priorities of use above. City use of District facilities shall at all times comply with the
District's Civic Center Act Policy, including, but not limited to, restrictions on time of use,
prohibited uses, and supervision requirements. City use of District facilities pursuant to this
Agreement shall be subject and subordinated to any agreement between District and Sonoma
State University, or another third parry, regarding use of particular District facilities. District will
provide City with copies of any such agreement(s) upon request.
6. Coordination of Facility. City and District agree that any use of the each other's
facilities under this Agreement shall not interfere with the owning party's operations and uses of
their facilities. Pursuant to Education Code Section 10010, City use of District facilities shall not
interfere with any other purpose of the public school system. Both the City and District agree
that neither will cancel the other party's scheduled use less than ten (10) working days prior to
the.scheduled use. Notwithstanding the foregoing, either party may, without prior notice,
immediately cancel use of particular facilities if it deems, in its sole discretion, that immediate
cancellation is necessary under the circumstances. In the event of such cancellation, the
canceling party will make a reasonable effort to notify the other party of such cancellation as
soon as practicable. In cases that such cancellation cannot be avoided, the canceling party shall
make reasonable efforts to provide an alternative area or facility.
7. Janitorial and Custodian Services. City shall be responsible for providing
customary janitorial and custodian services for City facilities and District. shall be responsible for
providing customary janitorial and custodian services for District facilities. District and City
agree to provide their own clean -up and shall put the furniture away after each use of the other
2
party's facilities. It is the responsibility of the party using the facility to return the facility or
grounds to its original condition. Each party shall promptly communicate information regarding
clean -up problems to the other party's designated contact for such information. District shall
charge City a fee not to exceed direct costs to the District for janitorial service, services of other
District employees and salaries paid to District employees necessitated by City's use of District
facilities. For example, if janitorial or custodian services are needed on weekends or at other
times when a janitor /custodian is not on duty, District will charge City for the direct costs of
paying the janitor /custodian for the hours he /she is required to work as a result of City's use of
District facilities. City shall charge District a fee not to exceed direct costs to the City for
janitorial service, services of other city employees and-salaries paid to City employees
necessitated by District's use of City facilities. District and City shall retain any and all
documentation relating to the services described in this Section 7 and make such documentation
available for inspection by the other party.
8. Condition of Facilities. Each party shall be responsible for maintaining its
facilities in a safe and appropriate condition.
9. Fees for Use of Facilities. Based on the reciprocal use of the facilities listed in
Exhibits A and B, City and District agree not to charge each other fees for the use of the
facilities, except as provided in Section 7 of this Agreement. District may charge third parties
for use of District facilities in accordance with the District's Civic Center Act Policy and
applicable state law. No later than thirty (30) days prior to the expiration of this Agreement,
.City and District agree to compare their relative use of the facilities listed in Exhibit A and B
during the term of this Agreement. If there is a substantial disparity between the of the parties'
use of each other's facilities, City and District will meet in good faith to discuss adopting a fee
schedule for facility use under the successor Agreement.
10. Prohibited Uses. Any activity prohibited by state or federal law or local
ordinance is prohibited on City and District property. The possession, consumption, or sale of
alcoholic beverages, tobacco, or any restricted substances on District property is strictly
prohibited. At all times when the facilities are used by City or District, the facilities shall be
under the supervision and control of the party using it and its agents and employees, and shall be
administered and operated in accordance with all rules and regulations established by City and
District, including, but not limited to the District's Civic Center Act Policy.
11. Supervision. At all times when City, uses District facilities, City shall ensure that
there is adequate adult supervision over the conduct of all of its activities at District facilities,
which at a minimum must comply with the supervision requirements set forth in the District's
Civic Center Act Policy. At all times when District uses City facilities, District shall ensure that
there is adequate adult supervision over the conduct of all of its activities at City facilities.
12. Indemnity. City shall indemnify, defend and hold harmless District, its officers,
agents, and employees, against any and all claims, causes of action, suits, or judgments,
including expenses incurred therewith for death. or injury to person, or loss of or damage to
property resulting from, negligent acts of City, its officers, agents, employees, or invitees in the
performance of this Agreement, excluding any and all claims, causes of action, suits, or
judgments, including expenses, resulting from the sole negligence of the District or from pre-
3
existing condition of the District's property. In the event of any such claims made or suits filed,
District shall give City prompt written notice thereof, and City shall have the right to defend or
settle the same to the extent of its interest hereunder.
District shall indemnify, defend, and hold harmless City, its officers, agents, and
employees, against any and all claims, causes of action, suits, or judgments, including expenses
incurred therewith for death or injury to persons, or loss of or damage to property resulting from
negligent acts of District, its officers, agents, or employees, in the performance of this
Agreement excluding any and all claims, causes of action, suits, or judgments, including
expenses, resulting from the sole negligence of the City or from pre- existing condition of the
City's property. In the event of any such claims made or suits filed, City shall give District
prompt written notice thereof, and District shall have the right to defend or settle the same to the
extent of its interest hereunder..
14. Insurance. At all times during the term of this Agreement each party shall
maintain insurance coverage as follows:
A. Liability Insurance: Comprehensive general liability insurance with the
following minimum limits:
$1,000,000 per occurrence
$2,000,000 annual aggregate
$4,000,000 umbrella coverage
Each party shall name the other parry and that party's officers, officials,
employees and agents, while acting in that capacity, as additional insureds. The
umbrella policies must be at least as broad as the parties' liability coverage. The
City's insurance shall be primary as to liability arising from its use of District
facilities, and the District's insurance shall be primary as to liability arising from
its use of City facilities. Each party shall provide the other with written proof of
such coverage upon execution of this Agreement, and shall further provide the
other party with thirty (3 0) days written notice of a material change to or
cancellation of such coverage. Each party may self - insure for the required
coverage.
B. Each party shall maintain Workers Compensation Insurance for its
employees as required by State law.
15. Master Agreement. This Agreement shall serve as the master agreement covering
the rights and responsibilities of City and District regarding use of the public facilities identified
in Exhibits A and B.
16. Term. This Agreement shall begin on the date first written above, and shall
expire June 30, 2011, unless sooner terminated as set forth herein. The parties agree to meet no
later than thirty (30) days prior to expiration of the Agreement to discuss the renewal of this
Agreement and the joint use of public facilities. Duly authorized District or City administrators
12
may' pursuant to mutual consent memorialized in writing, alter the facilities list (Exhibits A and
B) pursuant to Section 18, below.
17. Successors and Assigns. This Agreement shall bind the successors and assigns of
the parties hereto.
18. Modifications. The terms and conditions of this Agreement may be modified or
changed only by written mutual consent of the parties.
19. Assignment Neither party shall have the right or power, without the other party's
written consent, to assign its rights or delegate its duties pursuant to their Agreement. Each party
shall not make any use of the public facilities which is not in keeping with the purposes of this
Agreement. This provision shall not apply to either party's right to permit community groups
and organizations the right to use the public facilities.
20. Previous Agreements. This Agreement supersedes and replaces all previous .
agreements by and between City and District as they may pertain to use of the subject facilities.
21. Notification. Any notices sent to. City and District pursuant to this Agreement,
shall be addressed as follows:
For the City:
City Manager
Rohnert Park City Hall
6750 Commerce Boulevard
Rohnert Park, California 94928
(707) 588- 2226
For the District:
Superintendent
Cotati- Rohnert Park Unified School District
5860 Labath Avenue
Rohnert Park, California 94928
(707) 792 -4722
22. Termination. This Agreement may be terminated by either party by.giving the
other party to the Agreement thirty (30) days' advance written notice of such intent to terminate.
5
Date:
City of Rohnert Park,
a Municipal Corporation
By:
Mayor
Authorized by Resolution No.
Approved as to Form: _
A5)r City rney
Date:
Cotati - Rohnert Park Unified School District
By:
Pre ' , Board of Trustees
Authorized by Resolution No.
91
EXHIBIT "A"
SCHOOL USE OF CITY FACILITIES
CALLINAN SPORTS & FITNESS CENTER
HONEYBEEPOOL
BENICIA POOL
ALICIA POOL
LADYBUG POOL
MAGNOLIA POOL
SUNRISE PARK
COMMUNITY CENTER
BENICIA PARK
COLEGIO VISTA PARK
EAGLE PARK
GOLIS PARK
LADYBUGPARK
MAGNOLIA PARK
7
0:4:1 iii:
CITY USE OF SCHOOL FACILITIES
Note: Only those facilities listed under each school are available for City use, not
the entire school site.
RANCHO COTATE HIGH SCHOOL
Baseball Fields
Softball Fields
Open Fields
Gymnasium
MARGUERITE HAHN ELEMENTARY SCHOOL
Softball Field
Multi -Use Room
.EVERGREEN ELEMENTARY SCHOOL
Soccer Field
Playfield
WALDO ROHNERT ELEMENTARY SCHOOL
Soccer/Playfield
Multi -Use Room
MONTE VISTA ELEMENTARY SCHOOL
Multi -Use Room
_ALTERNATIVE EDUCATION SCHOOL
Soccer Field
Baseball Field
JOHN REED ELEMENTARY SCHOOL
Soccer Field
Playfield
EM
MOUNTAIN SHADOWS MIDDLE SCHOOL
Gymnasium
Baseball Field
Football Field
Softball Field
Q
W7 . •
EDUCATION CODE SECTION 38130 -38139
38130. This article shall be known and may be cited as the Civic
Center Act.
38131. (a) There is a civic center at each and every public school
facility and grounds within the state where the citizens,
parent- teachers' associations, Camp Fire girls, Boy Scout troops,
farmers' organizations, school- community advisory councils, senior
citizens' organizations, clubs, and associations formed for
recreational, educational, political, economic, artistic, or moral
activities of the public school districts may engage in supervised .
recreational activities, and where they may meet and discuss, from
time to time, as they may desire, any subjects and questions which in
their judgment pertain to the educational, political, economic,
artistic, and moral interests of the citizens of the communities in
which they reside.
. (b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters..of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one -time or renewable basis, by any church or religious organization
that has no suitable meeting place. for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d). of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(5) The administration of examinations for the selection of
personnel or the.instruction of precinct board members by public
agencies.
(6) Supervised recreational..activities including, but not limited
to, sports league activities for youths.that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) A community youth center.
(8) Other purposes deemed appropriate by the governing board.
38132. Notwithstanding Section 38134, the governing board of any
school district shall grant the use of school buildings, grounds, and
equipment to public agencies, including the American Red Cross, for
mass care and welfare shelters during disasters or other emergencies
affecting the.public health and welfare. The governing board shall
cooperate with these agencies in furnishing and maintaining such
10
services as the governing board may deem necessary to meet the needs
of the community.
38133. The management, direction, and control of school facilities
under this article are vested in the governing board of the.school
district which shall promulgate all rules and regulations necessary
to provide, at a minimum, for the following:
(a) Aid, assistance, and encouragement to any of the activities
authorized in Sections 38131 and 38132.
(b) Preservation of order in school facilities and on school
grounds, and protection of school facilities and school grounds,
including, if the governing board deems necessary, appointment of a
person who shall have charge of the school facilities and grounds for
purposes of their preservation and protection.
(c) That the use of school facilities or grounds is not
inconsistent with the use of the school facilities or grounds for
school purposes or interferes with the regular conduct of schoolwork.
38134. (a) The governing board of any school district shall
authorize the use of any school facilities or grounds under its
control, when an alternative location is not available, to nonprofit
organizations, and clubs or associations organized to promote youth
and school activities, including, but not limited to:
(1) Girl Scouts, Boy Scouts, Camp Fire, Inc.
(2) Parent - teachers' associations.
(3) School - community advisory councils.
This subdivision shall not apply to any group that uses school
facilities or grounds for fundraising activities that are not
beneficial to youth or public school activities of the district, as
determined by the governing board.
(b) Except as otherwise provided by law, the governing board may
charge an amount not to exceed its direct costs for use of its school
facilities. Each governing board that decides to levy these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs.
(c) The governing board of any school district may charge an
amount not to exceed its direct costs for use of its school
facilities by any entity, including a religious organization or
church, that arranges for and supervises sports league activities for
youths as described in paragraph (6) of subdivision (b) of Section
38131.
(d) The governing board of any school district that authorizes the
use of school facilities.or grounds for the purpose specified in
paragraph (3) of subdivision (b) of Section 38131 shall charge the
church or religious denomination an amount at least equal to the
district's direct costs.
(e) In the case of entertainments or meetings where admission fees
are charged or contributions are solicited and the net receipts are
not expended for the welfare of the pupils of the district or for
charitable purposes, a charge shall be levied for the use of school
facilities or grounds which charge shall be equal to fair rental
value
(f) If any group activity results in the destruction of school
11
property, the group may be charged for an amount necessary to repay
the damages, and further use of facilities may be denied.
(g) As used in this section, "direct costs" to the district for
the use of school facilities or grounds means those costs of
supplies, utilities, janitorial services, services of any other
district employees, and salaries paid school district employees
necessitated by the organization's use of the school facilities and
grounds of the, district.
(h) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the school
facilities or grounds used for the duration of the activity
authorized.
(i) Any school district authorizing the use of school facilities
or grounds under subdivision (a) shall be liable for any injuries
resulting from the negligence of the district in the ownership and
maintenance of those facilities or grounds. Any group using school
facilities or grounds under subdivision (a) shall be liable for any
injuries resulting from the negligence of that group during the use
of those facilities or grounds. The district and the group shall
each bear the cost of insuring against its respective risks and shall
each bear the costs of defending itself against claims arising from
those risks. Notwithstanding any other provision of law, this
subdivision shall not be waived. Nothing in this subdivision shall
be construed to limit or affect the immunity or liability of a school
district under Division 3.6 (commencing with Section 810) of Title 1
of the Government Code, for injuries caused by a dangerous condition
of public property.
38135. Any use, by any individual, society, group, or organization
for the commission of any act intended to further any program or
movement the purpose of which is to accomplish the overthrow of the
government of the United.States or of the state by force, violence,
or other unlawful means shall not be permitted or suffered.
Any individual, society, group, or organization which commits any
act intended to further any program or movement the purpose of which
is to accomplish the overthrow of the government by force, violence,
or other.unlawful means while using school property pursuant to the
provisions of this chapter is guilty of a misdemeanor.
38136. No governing board of a school district shall grant the use
of any school property to any person or organization for any use in
violation of Section 38135.
For the purpose of determining whether or not any individual,
society, group, or organization applying for the use of the school
property intends to violate Section 38135, the governing board shall
require the making and delivery to the governing board, by the,
applicant of a written statement of information in the following
form:
STATEMENT OF INFORMATION
The undersigned states that, to the best of his or her knowledge,
the school property for use of which application is hereby made will
not be used for the commission of any act intended to further any
12
program or movement the purpose of which is to accomplish the
overthrow of the government of the United States by force, violence
or other unlawful means;'
That , the organization on whose behalf he or she is making
application for use of school property, does not, to the best of his
or her knowledge, advocate the overthrow of the government of the
United States or of the State of California by force, violence, or
other unlawful means, and that, to the best of his or her knowledge,
it is not a Communist action organization or Communist front
organization required by law to be registered with the Attorney
General of the United States. This statement is made under the
penalties of perjury.
(Signature)
The school board may require the furnishing of additional
information as it deems necessary to make the determination that the
use of school property for which application is made would not
violate Section 38135.
Any person applying for the use of school property on behalf of
any society, group, or organization shall be a member of the
applicant group and, unless he or she is an officer of the group,
must present written authorization from the applicant group to make.
.the application.
The governing board of any school district may, in its discretion,
consider any statement of information or written authorization made
pursuant to the requirements of this section as being continuing in
effect for.the purposes of this section for the period of one year
.from the date of the statement of information or written
authorization.
38137. Written statements of information as required by Section
38136 need not be under oath, but shall contain a written declaration
that they are made under the penalty of perjury, and any person-so
signing the statements who willfully states therein as true any
material matter which he or she knows to be false, is subject to the
penalties prescribed for perjury in the Penal Code.
38138. Notwithstanding the provisions of this article or any other
provisions of law, when.a nonpartisan charitable organization
organized under the laws of this state has constructed or will
construct, subject to the provisions of Article 3 (commencing with
Section 39140) of Chapter 2 of this part, a school athletic and youth
center facility at no cost to a school district, upon a
school- district - owned.site to be owned by and for the benefit of the
school occupying the site, the governing board of the school
district, in accepting the donation and prescribing the conditions
and restrictions with respect thereto, may permit the general use of
the facility under the provisions of this article for specified
supervised recreational activities which are sponsored by or
conducted by the donor organization, and may also permit the donor
13
organization to use the facility for this purpose at times when the
facility is not being used by the school district for the
educational program and related school activities of the designated
beneficiary school, unless the use and occupancy of the facility by
the donor organization would otherwise interfere with the regular
conduct of the school. Any use granted to the donor organization
shall, however, immediately and forever terminate if the donor
organization denies the use of the facility to any person because of
their race, religion, creed, national origin, ancestry, or sex.
This section shall apply only to elementary school districts in
San Diego County which had an average daily attendance of 425 or less
during the 1970 -71 school year, and which, during the 1970 -71 school
year, had a modified assessed valuation per pupil in average daily
attendance of between forty -five thousand dollars ($45,000) and fifty
thousand dollars ($50,000).
38139. (a) Public primary schools shall post at an appropriate area
restricted to adults information regarding missing children provided
by the Department of Justice pursuant to Section 14208 of the Penal
Code.
(b) Public secondary schools shall post at an appropriate area
information regarding missing children provided by the Department of
Justice pursuant to Section 14208 of the Penal Code.
14