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HomeMy WebLinkAboutHBUHSD - Huntington Beach Union High School District - 2010-09-07Council/Agency Meeting Held Deferred/Continued to & App ved ❑ Conditionally Approved ❑ Denied it C s Sig t re Council Meeting Date September 7, 2010 Department ID Number CS 10-016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Administrator PREPARED BY: Jim B Engle, Director of Community Services SUBJECT: Approve Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Union High School_ District (HBUHSD) regarding use of School District and City Facilities Statement of Issue: There is a need to approve a Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Union High School District to provide for use of public facilities throughout the City of Huntington Beach Financial Impact: N/A Recommended Action: Motion to Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Union High School District" regarding the use of School District and City Facilities Alternative Action(s): Do not approve the document and provide staff direction on how to proceed Analysis: A committee comprised of three Huntington Beach Union High School- District (HBUHSD) board members and school staff met with City Council Members Joe Carchio, Keith Bohr, and Don Hansen and city staff to discuss the ongoing relationship between the two agencies and the Joint use of school district and City facilities Many of the agreements that already exist are over two decades old and have terms that are problematic The HBUHSD, through their attorney, created an MOU that better defines the current relationship between the agencies and the use of sports fields, courts, pools, etc -47- Item 3e - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 9/7/2010 DEPARTMENT ID NUMBER: CS10-016 The school district has indicated that it desires to terminate the existing agreements for Reciprocal Joint Use Agreement, Worthy Park Parking Lease Agreement for Huntington Beach High School, Ocean View Tennis Courts, Schools' Field Lighting for Athletics, Joint Use Marina Lighting, Joint Use Agreement for Ocean View and Huntington Beach High School Pools, and Joint Funding Pool Amendment to May 1, 2000 Pool Joint Use Agreement The Worthy Park agreement was originally created because the school district provided 5/12 and the city 7/12 of the property's total acreage The city originally agreed to develop the entire site which is currently the Worthy Park amenities and school parking lot to the west The school district maintains the site The school district has a need to expand girls' sports facilities due to Title Nine and decided to terminate the agreement with the City so that they -could take their property and restructure the space to meet Huntington Beach High School's girls' sports needs Prior to the current action items, the City and school district had Jointly terminated the skate park at HBHS The district would provide $75,000 to be used at Worthy Park to create a -skate park if the project could be completed within three years That time line is not realistic and the school district has since determined that it would be best if a skate park were not -built in Worthy Park adjacent to HBHS Therefore, as part of this new MOU, the school district agrees to pay the city $75,000 and in return, the City agrees not to construct a skate park at Worthy Park City Council approved a master plan for Worthy Park to add a skate park in 2008 The park plan will need to be modified to address the action in this MOU Because the needs of the school district have changed, HBUHSD feels the various agreements, where the City has provided the funds to build or improve sports facilities on schools, are no longer practical Therefore, the school district desires to terminate all of the above agreements and substitute this general MOU that permits use of the other agency's facilities with payment of the appropriate rental fee established by the City or school district for its respective facilities This will also alleviate the City of the responsibility of sharing in the cost for maintenance or renovation of these school facilities, i e renovation of the Ocean View High School tennis courts The Reciprocal Joint Use Agreement in the past obligated the City to allocate the district's fields to youth sports groups The City's Community Services Department is not going to be able to continue making recommendations to the local school districts for field usage for several reasons, including City budget and staff reductions The new MOU does not include this provision Based on the recommendations of this joint committee, staff is recommending approval of the MOU (Attachment 1) Environmental Status: NA Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Item 3m - Page 2 -48- REQUEST FOR COUNCIL. ACTION MEETING DATE: 9/7/2010 DEPARTMENT ID NUMBER: CS10-016 Attachment(s): Memorandum of Understanding between the City of Huntington Beach and the Huntinaton Beach Union Hiah School District -49- Item 30 - Page 3 Item 3e - Page 4 -50- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into onL-72 P7, 2010, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT, a public school district duly organized and existing under the laws of the State of California (hereinafter referred to as "DISTRICT") RECITALS WHEREAS, DISTRICT is the owner of real property and improvements thereon located within the legal boundaries of the DISTRICT, and CITY is the owner of public parks and recreational facilities in the City of Huntington Beach, and CITY and DISTRICT desire to provide exemplary recreational facilities for community use, student use and educational purposes, and and et seq, CITY and DISTRICT desire to maintain their own separate facilities at their own expense, This Agreement is entered into pursuant to the provisions of Education Code Section 10900 NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows 10-2603/50503 1 SECTION 1 TERM This MOU will become effective on the date it is approved by City Council of CITY SECTION 2 OBLIGATIONS OF DISTRICT The obligations of DISTRICT pursuant to this Agreement shall be as follows - A Within sixty (60) days of the effective date of this Agreement, District shall pay $75,000 to CITY in full and complete satisfaction of any obligations under any prior agreement relating to a skateboard park next to Huntington Beach High School Stadium or removal and demolition of that skateboard park and in consideration for the CITY's promise not to construct a skateboard park on the Worthy Park property B DISTRICT shall consider improvements to the curbs and parking areas on Yorktown Avenue between Main Street and Goldenwest Street at its sole expense in the future SECTION 3 OBLIGATIONS OF CITY CITY shall not construct a skateboard park on the Worthy Park property SECTION 4 PRIOR AGREEMENTS A All previous facilities use and/or maintenance agreements related to recreational use of each other's properties between the DISTRICT and the CITY are terminated, notwithstanding the termination or modification provisions of those agreements, including, but not limited to the following agreements 1 Reciprocal Joint Use Agreement (April 1, 1977), and Amended Joint Use Community Recreation Program Open -term Agreement (November 7, 1985), 2 Worthy Park Parking Lease Agreement for Huntington High School (May 3, 1982), 3 Ocean View Tennis Courts Agreement (May 13, 1997), 4 Schools' Field Lighting for Athletics Agreement (June 2, 1997), 5 Joint Use Marina Lighting Agreement (August 19, 2002), 10-2603/50503 2 6 Joint Use Agreement for Ocean View and Huntington Beach High School Pools Agreement (May 1, 2000), 7. Joint Funding Pool Amendment to May 1, 2000 Pool Joint Use Agreement (March 5, 2001) B This Agreement does not affect any other contracts or agreements between the CITY and the DISTRICT that do not relate to the facilities use and/or maintenance such as, by way of example and not limitation, developer fees, emergency response, etc C Any and all financial and other obligations incorporated in all prior facilities use and maintenance agreements are hereby null and void Future use and/or maintenance of one party's facilities by the other, will be accomplished by way of a separate and new agreement D City shall no longer coordinate allocation of high school sports fields for local youth sports groups SECTION 5 ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU SECTION 6. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment herembefore set forth 10-2603/50503 3 SECTION 7 CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU SECTION 8 WAIVER OF BREACH The waiver by CITY or DISTRICT of any bleach by CITY or DISTRICT of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by CTIY or DISTRICT, either of the same or another provision of this MOU SECTION 9 NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows If to CITY City of Huntington Beach Director of Community Services 2000 Main Street, P O Box 190 Huntington Beach, CA 92648 Phone (714)536-5291 If to DISTRICT Huntington Beach Union High School District Attn Superintendent 5832 Bolsa Avenue Huntington Beach, CA 92648 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change SECTION 10 ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees The prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party SECTION 11 CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California Any controversy arising 10-2603/50503 4 out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 12 SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU SECTION 13 TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU tD SECTION 14 MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and DISTRICT, or their successors in interest SECTION 15 PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired SECTION 15 MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document 10-2603/50503 5 SECTION 16 ENTIRETY The foregoing sets forth the entire agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By Brian Garland Its PRINT NAME President By TITLE Michael Simons Its PRINT NAME Clerk REVIEW TITLE D APPROVED IV dmmistrator 10-2603/50503 6 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED- erector of Commun&Services APPOVED AS TO FORM -- f - �)ff 'k ;t� — City Attorney 17 10 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK September 9, 2010 Huntington Beach Union High School District Attention Superintendent 5832 Bolsa Avenue Huntington Beach, CA 92648 To Whom It May Concern Enclosed for your records is a fully executed copy of the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Union High School District Sincerely, 4` C Jo L Flynn, CIVIC City Clerk J F pe Enclosure G followup agrmtltr Sister Cities Anlo, Japan o Waitakere, New Zealand (Telephone. 714-536-5227 )