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Home My WebLink AboutCC 6 USE OF PROPERTY 10-06-80DATE: TO: FROH: SUBJECT: CONSENT CALENDAR 10-6-80 October. ,,. ·, l, 98o lnter-Com Honorable Mayor and City Council ' ~4~.u~/' Royleen A. White, Director of Community Services CITY OF REDONDO BEACH RESOLUTION REGARDING USE OF SCHOOL PROPERTY DISCUSSION: The Tustin Community Services Department enjoys an extremely positive working relationship with the Tustin Unified School District. All our dealings with their administration, maintenance staff, and other support personnel are cooperative ventures, and both agencies have enacted policies which support this wise use of tax dollars. Conversely, some of our colleagues in other California communities are not so fortunate. Certain school districts are charging inordinate fees for city recreational use or denying such use altogether. As a result, the City of Redondo Beach is introducing a resolution at the annual League of California Cities Conference in October regarding the use of school property. Basically, the resolution seeks clarification of the historical intent of the Education Code supporting the right of public access to school facilities with appropriate fees charge for such use. Staff is asking Council to direct our voting delegate to support this resolution, in order that other cities may have an opportunity to enjoy the cooperative use of school facilities that Tustin now has. Staff wishes to reiterate that there is no problem whatever in our community. The request is simply in support of other cities who are experiencing difficulties. RECOMMENDATION: To direct the Tustin City Council's voting delegate to the State League Conference to support the Redondo Beach resolution regarding the use of school property. RAW:ss Attachment: Detailed Information Regarding Subject Resolution ~ER22, 1980 THE HONORABLE CITY COUNCIL JOHN SEYMOUR. Mayor E. LLEWE LLYN OVERHOLT, JR.,Mayor ProTein MIR lAM KAYWOOD. Councilwoman BEN BAY,Councilman · DON R. ROTH. Councilman CITY ~k~RKS (Intermal Distribution Pl~m-~e: Mayors, Council Mmmbers, and City Man,gars) CITY OF REDONDO BWACH RESOIIrfION RECORDING THE USE OF SCHOOL PROPERTY Attached for your info~mation, is a copy of the Redondo ]~=nch resolution t%nder consideration at the ~',..'.,,,,~1 State League Conference. The City of Anaheim is supporting this resolution and plans to ask for a waiver of the 30 dav rule at the Orange County Division Leagua meeting October 9th. Since this item is not scheduled on the regular agenda, we are se~ng this infor~rmtion out to you for you~ rev-i~w and consideration. We hope that you will agree with us that legislative clarification is needed to preserve the public's access to school properties ~[th proper co~'~nsation given in ret~ for_ their use. Should you have any q~mstions in regards to this resolution, feel free to contact Mr. James D. Ruth, Director, Dep~l,',ent of Parks, Rmcreationand Community Services at (714) 999~5191. 200 South Anal~eim Bou'leverd, P. O. RO): 3222. (714) 999-5163 ........ CITY OF ANAHEIM, C~'LIFOI~NIA Anaheim Parl~, Recr.-~i~n ~nd Communi~ Sem¢-~s DA~-: SEP~W-R 10, 1980 TO: CITY ~NAGEPJC!TY COUNCIL FRDM: JA~S D. RUTH, DEPUTY. CITY .MANA-C~?.R PAPJfS, RECREATION AND COM2ZUN~-TY SE~VI~S D-~.A-~L"~T SUBJECT: CITY OF F~nONDO BEACH .RESOL~!0N P~GARD~G U~ OF S~_~OOL PROPEF~'f REC~AT!-0N: TP~u the City Council, by motion, supporc._ the P--~dondo Beach resolution the Lea?ue of Califor?.ia Cities Conference of school prope_~-ies. DiS~--JSSION: Chapter 6, ~icle 2, of the Education Code pruvides for =he p~blic right to use school facilities when nor.needed for school purposes. U_Don passage of Proposition 13, a great ~eal of confusion resulted concern. Lng the public's access to such facilities, specifica~!y re!aced to the fees charged them. Proposition 13 voided ~he tax ~hat the legislature provided for reimbursement to schools for =he ex-~ra expenses incu~r_ed by schools for such public access. Schools still have ~ge capability, however, of levying fees and charges ~o cover ~heir costs. Scb~ool di~ricts have attempted in the past to introduce legislation which would put a moratori~ on public access to ~heir facilities. This failed to pass. However, today each school district exercises its own interpretation of t_he code and selec~ive!y res~ri~s u~iliza- tion through a variety of means such as exorbitant fees. The City of Redondo Beach has introduced a resolution to the Annual Lea?ue Conference seeking clarification of the his=orica! intent of t_he Education Code supporting the righu of public access ~o school CITY M~-NAGER/C!?Y COUNCIL Page Two September 10, 1980 facilities with appropriate fees charged for suck use. Staff reco~%~-nds Council supporg this position in consideration of the flax~--bi!ityand cost savings experienced through the capability of offering various city services such as recreational, ~hrough school sites. Respectfully submitted, ' 7'-; James D. Ruth Deputy City Manager JD R,/ b c s At ~ac.b3uent September 3, 1980~ Don 5enn!nghoven, Executive Director League of California Cities !!08 "0" Street Sacramenzo, CA 958!4 Dear Oon: Enclosed is a resolution for League consideration at the coming conference. Please i --~.. = ' . . .n~..~c_ ic ~nto the League conference resolution process it pr~csas the League pursue resolution of the confusion that presenciy exists :.~n~ >~.,~ S~,lC,: incgnsi~to~~ ~:~c~ion of :ne ex iscing Z have sen: copies :: several persons h¢~ing :ha: sufficien: support will evolve t~ brin~ i: t~ a vo;e onthe conference floor and ~at these receivin~ copies will pursue its timely introduction. Sincerely, Rober: 2. Atkinson, Director Recreation and Parks Deparb~ent R~A:ap 9-3-80 cc: Sydney Kronenthal, Culver City Joseph Sa!veto, Richmond Michael A. Maramonte, Santa Maria Robert G. Overstreet, Ventur~ James L. Donohue, Salines Mary E. Grogan, ModestD Paul Thii=gen, President CPRS Charles B. Hoe6er, Pres. Adm. Sec. CPRS Richard Wilkinson, League Staff (LA Office) Steve Lars~n,.CPRS Executive. Director Jim Ruth, Anaheim Doc Wisham. ~rr~m~n~ ......... 2 PO~LiC USE OF SCi.~OOL ..-.C_--x W~E?~A_c, Proposition 13 confused ~tlna obligation of school ' ~ ~-~ c_s~__c.s to allow =he public ~o use school facilities ~nd what fees could be char~ed as pr~sent!y set fo&~h ~ the education code ~P~, The California La=_s!a .... expressly gu~an~eed in ~he education code the i~h~ _ r~ ~ of the oublic to use school facilities when not n~eded f . -~ WiqEP~u~, The Ca!ifo~ia Legis!au~e provided a ~ in ~he education code to reLv3~ze schools for uhe exura exoenses they incurred from . . r,_..~ use cf schoc! f~. D~ ~ ~ ~ use of their fac!linies W~EP~AS, schoc! districts prompu!y introduced !ecis!ation place a morator!~ on ~ue secuions of ~he educanion code ~-hich required them to allow the --u-_~ ~- to use their ~aci!ities (it = =a_~_c to pass) W~i~3-~, each school dis~ict is now arbitrarily ex~rcisiag i _ o~ ~= judgement as to the p~iic right to use school facilities 'and ignoring various provisions of education code Page ! of 2 ~,~n-E?--A~, Cities acknowledge +hr_ - ~---~-~---.~ ~=~ financial position of public schoc!s and do not wish uo _cve. s=_: affect it ~-~=~c..._.~_, Cities desire that the ~!ic -icht ~- use school facilities be prese~ed ~nd applied consistently t~oughout the state, now, therefore, be it P~SOL~D, by ~ne C~nera! ~sem~!y o= the Lea~ae of Califcrnia Cities assailed__.~ ~...~-_~ .... =~ Cunference '~ Los Amge!es, October 22, !980, that ~ne Lea~ae of ..... o ..... Ci~iesr-~-~v--~-r~-_ coordinate w~th the ~a.__~=O_~-~.~_a Depar~en~ cf E~ucation and/ct apprcuriaua or~anizations cr perscns us inuroduce !ec==~=-~- Uu clarify and con.hue -"~{-~-_. use c'= school fac£1£nles, ~_~.cludlnc wha~ fees, __{= any, school districts may ckar=e ~he ?'~ ~ .~ ..... c fcr use of schoci =*c4~4~4~ ..... ~_=s, fu-'T.~iskings and ecui~menu KBA:ps 9-3-80 Page 2 of 2