HomeMy WebLinkAbout2021-10-12; City Council; Resolution 2021-232l
RESOLUTION NO. 2021-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR EXCLUSIVE USE OF THE
MONROE STREET POOL DURING THE WHICH THE CITY IS UNABLE TO
PROVIDE LIFEGUARD SERVICES AND THE DISTRICT HAS RESERVED THE POOL
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California (City) has determined that it is in
the public's interest to execute a Memorandum of Understanding (MOU) with the Carlsbad Unified
School District (CUSD) to ensure Carlsbad High School continues to have access to the Monroe Street
Pool; and
WHEREAS, the City provides certified lifeguards for the Monroe Street Pool; and
WHEREAS, the City needed to limit operating hours at the Monroe Street Pool due staffil"€
shortages of lifeguards; and
WHEREAS, the CUSD had reduced access to the Monroe Street Pool during school hours due to
the temporary reduction in pool operating hours; and
WHERES, the CUSD is willing and able to provide certified lifeguards to use the Monroe Street
Pool on an exclusive basis when the City closes Monroe Street Pool to the public due to staffing
shortages of certified lifeguards; and
WHEREAS, the CUSD is willing and able to follow the requirements, as is required by California
Health and Safety Code Section 116028 and by the Model Aquatic Health Code during the defined hours
of exclusive use of the Monroe Street Pool.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager is hereby authorized and directed to execute the MOU with the
CUSD for exclusive use of the Monroe Street Pool during the defined hours, attached
hereto as Attachment A.
3. That the City Manager is authorized to extend the term of the MOU for up to two (2)
subsequent two (2) year terms.
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD AND
THE CARLSBAD UNIFIED SCHOOL DISTRICT
FOR USE OF THE MONROE STREET POOL
Attachment A
THIS AGREEMENT is made this La_ th day of October 2021, between the CITY OF
CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the
City, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, hereinafter referr«:l to as the District.
RECITALS
WHEREAS, the District desires to provide educational and competitive aquatic programs
for its students; and
WHEREAS, the City and the District desire to cooperate with each other to provide the
entire community with education~I, recreational and competitive aquatic programs; and
WHEREAS, the City has experienced staffing shortages which have impacted its ability
to provide Lifeguard Services at the Monroe Street Pool, resulting in temporarily reduced pool
hours;
WHEREAS, in the event that Lifeguard staffing shortages prevents the CITY from
opening the pool to the public, the District is willing and able to provide the necessary Lifeguard
Services for its students at the Monroe Street Pool;
WHEREAS, State of California Education Code, Section 10902 authorizes and
empowers school districts and municipalities to cooperate in the organization, promotion and
conduct of programs for community recreation; and
WHEREAS, the City and the District desire to enter into a formal agreement defining the
rights and responsibilities of each Party in connection with the use of the Monroe Street Pool.
NOW, THEREFORE, lN CONSIDERATION OF THESE RECITALS AND THE
MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows:
I. DEFINITIONS
"District's Exclusive Use" shall mean the hours during which the City is unable to provide
Lifeguard Services and has closed the Monroe Street Pool to the general public and the District
bas reserved the Monroe Street Pool for exclusive use of Carlsbad High School students for
swimming lessons and water-con~ct activities. District's Exclusive Use does not include any
time during which the Monroe Street pool is open to the general public and the City is providing
Lifeguard Services,
"Lifeguard Service" shall have the same meaning as provided in California Health and Safety
Code Section 116028,
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Kyle Lancaster
Director
Parks and Recreation
1200 Carlsbad Village Drive
(760) 434-2941
Kyle.Lancaster@carlsbadca.gov