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HomeMy WebLinkAboutOrdinance #1843 ORDINANCE NO . 1843 AN ORDINANCE FORMULATING THE POLICY FOR THE MANAGEMENT OF RECREATIONAL AND PARK PROPERTIES WITHIN THE CITY OF HUNTINGTON BEACH The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. There is hereby established the policy for the management of recreational and park properties within the City of Huntington Beach in order to provide for the orderly administration and control of such properties . SECTION 2 . The following rules shall govern the recrea- tional and park properties within the City of Huntington Beach : 1. That any sale , lease , exchange or use of park property will not be permitted which would adversely affect the goals , purpose and objectives of the Master Plan of Parks , Open Space , Schools , and Recreation. 2 . That any decision relative to properties must be consistent with civic purpose , the public welfare , and local policy. 3 . That any civic purpose as enumerated above must be such in fact as well as in name . 4 . Use of such park property shall be limited to recrea- tional and/or other public or civic use . This is not meant to preclude the exchange of one recreational prop- erty for another of equal recreational utility . 5 . That in the event an exchange of property takes place , a city employee , as designated by the City Administrator, will be a member of the board of directors (or compa- rable body) or hold ex officio membership in such rec- reational body or civic purpose organization . 6 . That private exploitation of park property or facili- ties for monetary profit or gain will not be permitted. 1 . 7 . Such park property shall not be subject to continu- ous or exclusive use of any one particular or special interest group unless the membership of that group is open to the general public on a nondiscriminatory basis . 8 . That the proposed sale , lease , exchange or use of park property is permitted by law and the documents evidenc- ing the transaction are approved by the City Attorney . 9 . That in the event of sale of such property, no deed shall be delivered to purchaser until the purchase price is paid in full . 10 . That no such property shall be sold unless it is first declared to be surplus property by the City Council . This is not meant to preclude the exchange of one rec- reational property for another of equal recreational utility . 11. That all contracts , leases and deeds shall contain a reversionary clause by which such property shall revert to city if and when the use to which the property is being put is inconsistent with the use permitted by this proposed policy . 12 . That any sale shall be at fair market value ; any exchange for property shall be at least of the same fair market value; any lease for a fair and reasonable rental shall be based on fair market value of such property . 13 . That the city retain maintenance control and that the landscaping shall be compatible with the design and landscape of the park site and shall be approved by the Recreation and Parks Commission and City Council . 14 . The granting of leases , permits and concessions shall be limited to those which are financially necessary to support the city operation of a park and, in addition, to serve and encourage the general and related recrea- tional uses of a park . 15 . In granting permits , leases , and concessions , no perma- nent structure shall be erected unless said structure is in accordance with the city ' s development plan for the park and is in accordance with city specifications . 2 . SECTION 3 . The recreational and park properties shall be subject to the following reservation procedures and restrictions : 1. All applications for reservations must be on official forms provided by Recreation and Parks Department . 2 . Seven calendar days required to cancel a reservation or change a date or time; otherwise a $5 . 00 fee will be charged for late changes . 3 . Permits will be issued to adults only . The person signing the application must be present at the event for which the permit was issued. 4 . An adult chaperone (21 years of age) will be required for every twenty-five (25) children at youth events . 5 . A cleaning deposit may be required with application. The facility must be cleaned up and returned to reason- able condition. If the group fails to do so, a fee will be charged for this cleaning service . If the group does not pay the fee, the city shall have the right to cancel the group ' s current contract and reject future applications . 6 . Any person or group causing property or equipment damage will be required to pay for same (based on current cost of repair or replacement ) . 7. No alcoholic beverages permitted in buildings or parks . (Huntington Beach Ordinance Code Section 7721. 9 ) 8. Gambling, the use of profane language and loitering shall not be permitted. (Huntington Beach Ordinance Code Sections 7721. 6, 7721. 7 and 7721. 11) 9 . Groups requiring time to decorate or other preparation must include time on original permit . 10 . Use of kitchen must be on request forms . Kitchen is to be used for catered meals and light refreshments . All food stuffs must be removed from kitchen upon con- clusion of event . 11 . Use of the facilities covered herein shall be subject to the following priorities : I Recreation and Parks Department sponsored activi- ties . 3. II Recreation and Parks Department co-sponsored activities . III Local civic and nonprofit organizations . IV Huntington Beach resident activities . V Commercial, business and profit-making activities . VI Nonresident activities . •12 . The groups and activities set out in No . 11 above are subject to the following rules : A. Recreation uses which have higher priority have precedence over lesser priority groups . The Recreation and Parks Department may re-schedule uses , if notified within ten days of effective date . B. Groups III , IV and V may reserve a facility up to 6 months from effective date . C . Group VI may reserve a facility up to thirty days from effective date . Same conditions apply to Group V if a non-resident group . D. A maximum of four days per month may be reserved. E. Local civic and non-profit organizations : Member- ship consisting of 50 percent or more Huntington Beach resi- dents . A roster of group membership may be required by Recreation and Parks Department . F. Resident groups : Membership of those attending event, consisting of 50 percent or more Huntington Beach resi- dents . A roster is to be provided on request of Recreation and Parks Department . SECTION 4 . The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Huntington Beach News , a weekly newspaper, printed, publish- ed and circulated in the City of Huntington Beach, California, and thirty ( 30) days after the adoption hereof the same shall take effect and be in force . PASSED AND ADOPTED by the City Council of the City of Huntington Beach, at a regular meeting thereof held on the 4th 4 . Ord. No. 1843 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21s t day of May 19 73 , and was again read to said City Council at a regular meeting thereof held on the A th day of June , 1973 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Dt,ke, Matney NOES: Councilmen: None ABSENT: Councilmen: None op z z I��5* , /" City Clerk and ex-officio .Clerk of the City Council of the City of Huntington Beach, California : 1. Alicia M. Wentw.:rth CITY CLERK of the City of Huntin-ton P,-,ach a»d ex.,fV.,cio Clerk of the City Council, d.:, hereby cerfifr 04t this ordinance has been pubtiskrad in th4 filunti''ngton Beach News on in accordance w th :hr C:iy Charrer of said City. ... ......_.. n Qr l.. City Clerk Deputy City Cterk