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HomeMy WebLinkAboutOrdinance 3983 Related to Amending Chapter 2.64 of the HBMC ORDINANCE NO. 3983 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.64 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.64.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.010 Established. There is established an advisory Community Services Commission in and for the City. SECTION 2. Section 2.64.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.020 Composition. The commission shall be composed of thirteen members. SECTION 3. Section 2.64.025 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.025 Appointment. Each member of the City Council shall appoint one member to the Community Services Commission for a four-year terin. SECTION 4. Section 2.64.027 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.027 Term. Each member of the Community Services Commission shall serve a four (4) year term commencing on January 1 following a general municipal election at which the appointing Councilmember was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty(30) days after such vacancy occurs. Following expiration of his/her term of office, each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee, upon announcement of such removal at a regular City Council meeting; provided, however, that no member of the Community Services Commission may be removed prior to January 1 following any general municipal election. SECTION 5. Section 2.64.028 of the Huntington Beach Municipal Code is hereby added to read as follows: 13-3826.001/102526 1 Ordinance No. 3983 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. SECTION 6. Section 2.64.030 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 7. Section 2.64.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.040 One-year members. The City Council shall appoint six members for terms of one year. Each elementary, high school and public community college district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission.. SECTION 8. Sections 2.64.070, 2.64.080 and 2.64.090 of the Huntington Beach Municipal Code are hereby deleted in their entirety. SECTION 9. Section 2.64.110 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.110 Meetings. The commission shall meet regularly on the second Wednesday of each month at 6 p.m. in the Council Chambers unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the Chairperson. SECTION 10. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st daY of January, 2014. Mayor ATTEST: APPROVED AS TO FORM: t ff i! ity Clerk 6ty Attorney 1Q—le— 1U !� jt (I'gjw( ) REVIE APPROVED: INITIATED AND APPROVED: io/2q/-Zp�3 C' y anager UDirector of Community Services 13-3826,001/102526 2 Ord. No. 3983 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 July 15, 2013, and was again read to said City Council at a Regular meeting thereof held on January 21,2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on January 20,2014. In accordance with the City Charter of said City AMU Joan L. Flynn, Ci Clerk Ci lerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3983 LEGISLATIVE ®RAFT Chapter 2.64 COMMUNITY SERVICES COMMISSION 2.64.010 Established There is established an advisory Community Services Commission in and for the City.The + f the Gammunity Se--view Gammissief. (1113-7/65, 2383-9/79,2399-11/79) 2.64.020 Composition The commission shall be composed of 113members the Mayof with the appfeval of the Git��Gouneil. Five fflembefs shall be appointed faf a tefffl of a sk membefs shall 1.,.app" .�+oa f r to o f efte o e . (803-12/60, 1113-7/65, rr �' 1300-3/67) 2.64.025 Appointment Each member of the City Council shall appoint one member to the Community Services Commission for a four-year term. 2.64.027 Term Each member of the Community Services Commission shall serve a four(4)year term commencing on January I following a general municipal election at which the appointing Councilmember was elected In the event the office of any appointing Councilmember becomes vacant during the term thereof_ the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty (30) days after such vacancy occurs Following expiration of his/her term of office each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee upon announcement of such removal at a regular City Council meeting' provided however, that no member of the Community Services Commission may be removed prior to January 1 following any generaI municipal election. 2,64.028 Vacancies Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor,who made the appointment which is vacated. 2.64.030 Four- Year- Members The Mayef,with appfeval of the City Getmeil, shall appaifi4 five fflembefs ffem the City at lafge f foof yeaf tefms. All f the tefms shall to n+o 1968 .1 v + 196n TT 1 +' ' + +l Td it t � c�i�o�c corrroicTrcrrora� > > hee (803 12/60 1113 7/65) 2.64.040 One-Year Members The City Council shall appoint six members for terms of one year. Each elementary, high school, and jtfflio public community college district having facilities within the City may recommend to the eCouncil, on or before the third Monday in June of each year,two or more persons, residents of the Geity of Huntington Beach,to represent their district. One of said persons shall be appointed by the c-Council for a one-year term which will terminate on July lst the following year. In the event that any district shall not make such recommendations to the c-Council by the first day of July,then the c-Council may appoint some qualified person'to a one-year term to represent such school district on the commission. (1113-7/65, 1300-3/67, 2383-7/79, 2389-9/79, 3723-12/05) 2.64.045 Service Limitation No person shall serve more than two consecutive four-year terms; provided,however,that persons serving on the effective date of this chapter may complete their current terms and, if reappointed, an additional term thereafter.No person shall serve more than eight consecutive one- year terms. (2918-12/87) 2.64.050 Mayor—Ex Officio Member The Mayor shall be an ex officio member of the commission. (1113-7/65) 2.64.060 Secretary The Director of Community Services, or his/her designee, shall serve as secretary to the commission without vote and shall keep permanent minutes of the commission meetings. (1113- 7/65, 2383-7/79, 2389-9/79, 2399-11/79) 22-.-64.-070 Members—Removal The tefffis of affiee speeffied befein shall tie!be deemed afbitfafy afid should the Mayof,Vvith the >by the Mayef,�� 17 2.64.100 Duties and Responsibilities The commission shall act in an advisory capacity to the City Council,the boards of trustees of the school districts and the Director of Community Services in all matters pertaining to harbors and beaches facilities,park acquisition, development and maintenance, and recreational programming or facilities.Also the commission shall cooperate with other governmental agencies and civic groups in the advancement of sound parks and recreational planning under the direction of the City Council. Commissioners may study,report and interpret the needs of the public to the City Council and may assist in securing financial support from the community for harbors, beaches, parks and recreational needs. The commission may review the annual budget as presented to the City Council and advise them on the current operational needs and long-range plans for capital improvement. (1113-7/65,2383-7/79, 2399-11/79) 2.64.105 Operating Policies Except as otherwise provided in this chapter,the board shall conform to the operating policy for boards and commissions as set forth in Chapter 2.100 of this code. (2918-12/87) 2.64.110 Meetings The commission shall meet regularly on the second Wednesday of each month at-76:00 p.m. in the Council Chambers unless it should fall on a holiday. In such case,the following Wednesday shall be designated. Special meetings may be called by the eChairperson. (1113-7/65,2383-7/79, 23 89-9/79) 2.64.120 Election of Officers The commission shall elect from its members a chairperson and vice chairperson at the regular July meeting and such officers shall serve for one year and until their successors are elected and qualified. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings of the commission. (1434-9/68,2383-7/79) 2.64.130 Quorum Proceedings A majority of the members of the commission in office shall constitute a quorum.A majority vote of the members present and voting,where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member,the roll call shall be called for yeas and nays upon any question before the commission.Absence from three consecutive meetings without formal consent of the commission chairperson shall be deemed to constitute the retirement of such member and the position shall become vacant. Roberts' Rules of Order Revised shall govern the procedure of meetings of the commission unless inconsistent with other provisions of this chapter. (1434-9/68, 2383-7/79) CITY OF HUNTINGT N BEACH COMMUNITY SERVICES DEPARTMENT INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Honorable Mayor and City Council Members Via: Fred A. Wilson, City Manager From: Janeen Laudenback, Interim Director of Community Services Date: July 30, 2013 Subject: Municipal Code 2.64— Community Services Commission Please be advised that in addition to MC 2.64, the City of Huntington Beach also has two 1985 joint use agreements in place that define the composition of the Community Services Commission (attached). Staff is working with the various districts to amend these agreements to reflect current needs and usage, however, this process will take a minimum of 60 days to complete. The City Attorney is advising that the second reading of the ordinance modifying the Community Services Commission (HBMC 2.64) be continued until after the City has successfully renegotiated these agreements. i°r7o� of �ti - 1 r'3 70Ex� -ice ORDINANCE NO 3983 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.64 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.64.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.010 Established. There is established an advisory Community Services Commission in and for the City. 2.64.020 Composition. The commission shall be composed of thirteen members. SECTION 2. Section 2.64.025 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.025 Appointment. Each member of the City Council shall appoint one member to the Community Services Commission for a four-year term. SECTION 3. Section 2.64.027 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.027 'berm. Each member of the Community Services Commission shall serve a four (4) year term commencing on January 1 following a general municipal election at which the appointing Councilmember was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty (30) days after such vacancy occurs. Following expiration of his/her term of office, each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee, upon announcement of such removal at a regular City Council meeting; provided, however, that no member of the Community Services Commission may be removed prior to January 1 following any general municipal election. SECTION 4. Section 2.64.028 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. 13-3826/99019.doc 1 SECTION 5. Section 2.64.030 of the Huntington Beach Municipal Code is hereby removed in its entirety. SECTION 6. Section 2.64.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.040 One-year members. The City Council shall appoint six members, one from each elementary, high school, and community college district having facilities within the City, for terms of one year. Each elementary and high school district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one- year term to represent such school district on the commission. SECTION 7. Sections 2.64.070, 2.64.080 and 2.64.090 are deleted in their entirety. SECTION 8. Section 2.64.110 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.110 MMeetino. The commission shall meet regularly on the second Wednesday of each month at 6 p.m. in the Council Chambers unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the Chairperson. SECTION 9. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2013. Mayor ATTEST: APPROVED AS TO FORM: ,M c City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: 4�7 City Manager 0—11 or of Community Services 13-3826/99019.doc 2 LEGISLATIVE DRAFT Chapter 2.64 COMMUNITY SERVICES COMMISSION (803-12160, 1113-7165, 1300-3167, 1434-9168,2383-7179,2389-9/79,2399-11/79,2918-12187,3723-12105) Sections' 2.64.010 Established 2.64.020 Composition 2.64.025 Appointment 2.64.027 Term 2.64.028 Vacancies 2.64.030 Four-year members 2.64.040 One-year members 2.64.045 Service Limitation 2.64.050 Mayor--Ex officio member 2.64.060 Secretary 24.070 Members Rene 2.64 080 Vaeaneies—Refifement 2.64.100 Duties and responsibilities 2.64.105 Operating Policies 2.64.110 Meetings 2.64.120 Election of officers 2.64.130 Quorum proceedings 2.64.010 Established. There is established an advisory Community Services Commission in and for the c-City. The 0 efA Ree fe +;e an Pafks C�„,,v,. �. n CefT,+uii4y Sefyi es r,,,,,,niss e ._(1113-7/65,2383-9/79,2399-11/79) 2.64.020 Composition. The commission shall be composed of ekeventhirteen members. (803-12/60, 1113-7/65, 1300-3/67) 2.65.025 Appointment. Each member of the City Council shall appoint one member to the Community Services Commission for a four-year term. 2.64.027 Term. Each member of the Community Services Commission shall serve a four(4) year term commencing on January 1 following a general municipal election at which the appointing Councilmember was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty(30) days after such vacancy occurs. Following expiration of his/her term of office each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee, upon announcement of such removal at a regular City Council meeting: provided. however, that no member of the Community Services Commission may be removed prior o January 1 following any general municipal election. 1 13-3826/99018 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. 7 02n �O„r . ear .,,a.,.rs The<,.ayef, with n nt of the r;+<, r n„r ;t LV1111J J11CL11 tefminate en july , one teffn in , �wa teffns in , and two LV1111J 111 1969. Ze , < ith the 2.64.040 One-year members. The City Council shall appoint sbisix members, one from each elementary, high school, and community college district having facilities within the Citv. for terms of one year. Each elementary, high school district, and junior college district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. (1113-7/65, 1300-3/67, 2383-7/79, 2389-9/79, 3723-12/05) 2.64.045 Service Limitation. No person shall serve more than two (2) consecutive four-year terms; provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reappointed, an additional term thereafter. No person shall serve more than eight (8) consecutive one-year terms. (2918-12/87) 2.64.050 Mayor--Ex off cio member. The Mayor shall be an ex officio member of the commission. (1113-7/65) 12187 2.64.060 Secretary. The Director of Community Services, or his designee, shall serve as secretary to the commission without vote and shall keep permanent minutes of the commission meetings. (1113-7/65, 2383-7/79, 2389-9/79, 2399-11/79) 2.64.070 Members Removal. The tefm of teffns f ffiee n eeifiea he fei r>,nll fiet be deeffied afbitfafy and should the Mayef, with the appfava4 of the City 2.64.080 Retirement. Meffibefsnl,nll be pfivileged to vr-the-Cit-y cvzli3C-il, vrt�3�ine-prrccrcelm-vr-vxrrce—. {1'14 desifabie> pfevided, howevef, 2 13-3826/99018 rvii uira.retie wcJ � ''//��nn`e ^ „fir �7 2.64.100 Duties and responsibilities. The commission shall act in an advisory capacity to the City Council, the boards of trustees of the school districts and the Director of Community Services in all matters pertaining to harbors and beaches facilities, park acquisition, development and maintenance, and recreational programming or facilities. Also the commission shall cooperate with other governmental agencies and civic groups in the advancement of sound parks and recreational planning under the direction of the City Council. Commissioners may study, report and interpret the needs of the public to the City Council and may assist in securing financial support from the community for harbors, beaches, parks and recreational needs. The commission may review the annual budget as presented to the City Council and advise them on the current operational needs and long-range plans for capital improvement. (1113-7/65, 2383-7/79,2399-11/79) 2.64.105 Operating Policies. Except as otherwise provided in this chapter, the board shall conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this code. (2918-12/87) 2.64.110 Meetings. The commission shall meet regularly on the second Wednesday of each month at 76 p.m. in the Council Chambers unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the Chairperson. (1113-7/65,2383-7/79,2389-9/79) 2.64.120 Election of officers. The commission shall elect from its members a chairperson and vice chairperson at the regular July meeting and such officers shall serve for one year and until their successors are elected and qualified. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings of the commission. (1434-9/68, 2383-7/79) 2.64.130 Quorum proceedings. A majority of the members of the commission in office shall constitute a quorum. A majority vote of the members present and voting, where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any question before the commission. Absence from three consecutive meetings without formal consent of the commission chairperson shall be deemed to constitute the retirement of such member and the position shall become vacant. Roberts' Rules of Order Revised shall govern the procedure of meetings of the commission unless inconsistent with other provisions of this chapter. (1434-9/68,2383-7/79) 3 13-3826/99018 f r COLD % FOR CITY COUNCIL,,�XCTION Date January 24, 1985 `i Co" Submitted to: honorable Mayor and City CouncilY Submitted by: Charles W. Thompson, City Administr y t 1�t. Prepared by: Melvin M. Bowman, Director, Corn munity.Service •GST cL Subject: AGREEMENT FOR JOINT USE OF COAST COLLEGE FACILITIES Consistent with Council.Poticy7 NX'J Yes ( j New Policy or Exception Statement of issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE There is a need to approve 'an agreement for the joint use of school facilities with Coast Community College District. RECOMMENDATIOIN Approve and authorize Mayor to execute the attached agreement with the aforementioned school district for utilization of school facilities for recreational uses. ANALYSIS The City currently utilizes school facilities for recreation programs and activities. This allows for maximum utilization of existing facilities throughout the city. In the past, this agreement has been for a 5-year term. Staff and representatives of the school district recommend that the agreement be modified so it reflects an open-end term with the option of cancellation by either party 60 days after written notification. The Coast Community College District agreement also addresses usage of the Golden West College softball fields.by the City. In the past, this usage was decided informally between the two parties. Both parties feel it best to formally delineate current and future usage to avoid possible problems. •FUNDING SOURCE None. ALTERNATIVE ACTIONS 1. Continue with 5-year agreement. 2. Do not have the agreement with the school districts to utilize their facilities. ATTACHMENTS Agreement. NIMB:dp 0706E/20 No 4/84 RECREATIOC AGILITY USE AGREEMENT BETh�MEN CITY OF HUNTINGTON BEACH AND COAST ��t t naa•O 00. !aL COMMUNITY COLLEGE DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES THIS AGREEMENT made and entered into this 1444- ' day .5" of 148/, by and between the*"CITY OF HUNTINGTON BEACH, a municipal corporation of the State of. California, hereinafter referred to as "CITY, " and COAST CO.%ZfUNITY COLLEGE DISTRICT, a political subdivision of the State of California hereinafter referred to as "DISTRICT," W I T N E S S E T H_ WHEREAS, the parties hereto desire to promote and preserve the health and general welfare of the people of the City of Huntington Beach and the Coast Community College District, , and to cultivate and develop good citizenship by providing for an adequate program of community recreation and to conduct such a program of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of said CITY and DISTRICT: and The parties hereto desire to cooperate with each other to carry out the provisions of Chapter 10, Part 7 of Division I of Title I of the Education Code of the State of California, and to that end enter into an agreement with each other to promote and preserve the health and general welfare of the people of. said CITY and DISTRICT, --1- e 11 NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto, the parties hezeby covenant and agree as follows: la SCOPE OF WORK: as DISTRICT shall make available to CITY Certain of its facilities for CITY-sponsored community recreational activities. be Use of school facilities shall be in accordance with pertinent DISTRICT policies. in granting permits for non- school use of facilities. C. Schedules for use of facilities shall be estab- lished by CITY and approved in writing by DISTRICT°s contract administrator. d. Use and access criteria for Golden West College softball/soccer field shall be as follows: (1) Groups other than Coast Community Colleges and CITY shall be charged a fee for field lights at the pre- vailing rates for youth and adult groups as established by the City. This fee will be collected and remitted to CITY on an annual basis. (2) The college shall reserve the right to charge fees, in addition to the fee for field lights, for the use of the fields by groups or individuals other than CITY. '(3) Use of Golden West. College fields shall be as follows: (a) CITY shall have the use of the fields the first week in December for flag football. playoffs. -2- (b) one field for two nights each week shall be made available to CITY in the fall for softball leagues. (c) Golden West College shall get eight night playing dates, to be arranged, in the spring for soft- ball, plus one three-day weekend (Friday, Saturday and Sunday) for the Golden West Invitational Tournament, and one Saturday for the Southern California Sectionals. The remainder of the time (excluding fall usage as noted herein) shall be made available to City. (d) outside groups shall have a third priority after the DISTRICT and the CITY have scheduled their activities. (4) Golden West College shall maintain a master calendar and schedule for use of the fields. Schedule of the fields shall be done based upon the usage of fields;, as stated in (3) above. (5) The lighted field shall be designated; for softball play in the spring and summer session. Fall usage shall be designated for soccer, rugby, or other such related sports. (One field, two nights per week, shall be designated for CITY°s softball play, as stated in (3) (b) above.) The fields shall not be available for use by youth football 'pro- grams because of the drastic wear and tear these programs, put on field turfs. The fall period shall run from October 1 through December 31. -3- 2. FEES AND SCHEDULING OF FACILITIES IN GENERAL: a. Admission fees for community recreational events may be charged by CITY. Such fees shall cover expenses only. All fees and charges assessed for programs scheduled under this agreement shall be deposited in CITY°s General Fund. b. There shall be no rental fee charged to CITY. c The parties agree to use their best efforts to resolve conflicts in scheduling use of school facilities. School programs, events and required maintenance shall have a first priority. DISTRICT reserves the right to schedule the use of facilities in fair proportion for other public agencies. Schedules may be altered by DISTRICT and CITY by mutual consent. d. CITY shall select and provide certain qualified personnel to conduct recreational activities and events which take place after school hours, on weekends, and during holiday and vacation periods on the various selected DISTRICT facilities. e. School principals or presidents of selected schools shall be consulted and advised as to recreational activities conducted by CITY on facilities under each such principal's or president's jurisdiction. 3. PERSOITNEL t Personnel employed to conduct community recreational activities shall be under the supervision of CITY CITY shall meet general expenses of salaries ! for supervisors. instructors, attendants, employees, supplies : and -4- general maintenance expenses of said -community recreational program from its own resources and shall be solely responsible therefor. 4. MATERIALS AND MAINTENANCE OF FACILITIES° a. CITY shall provide certain expendable materials and supplies necessary for conducting community recreational programs for all ages. These supplies and materials shall be selected and approved by CITY and paid for by CITY. Certain equipment provided by DISTRICT as part of the school program and suitable for community recreational use, and certain equip- ment and supplies provided by CITY and suitable for school use, shall be mutually interchangeable for the common use of both parties. b. Custodial and maintenance services for all school facilities utilized for community recreational programs may be provided by DISTRICT. DISTRICT shall not provide such services unless specifically requested by CITY in writing. Any charge to CITY by DISTRICT for cost of providing custodial and maintenance service requested by CITY shall be the subject of separate written agreement. 5. CONTRACT ADMINISTRATOR The Contract Administrator for CITY shall be the Director of Community Services. The Contract Administrator for the DISTRICT shall be Gene Ferrell 6. ADMINISTRATIVE AUTHORITY Administrative authority for the total program shall be in CITY. The CITY shall be assisted by an advisory Com- -5-- munity Services Commission which shall be composed of five ' (5) members at large, serving four (4) year terms, and one member representing each of the six (6) school districts, which are served by DISTRICT; serving one (1) year terns. All members shall be appointed by CITY in the manner selected by CITY for such appointments. All terms of appointment shall run con- currently with the fiscal year beginning July 1 and ending June 30 of each year. Each participating school district board may recommend to CITY two or more candidates who are residents of their respective school district and the CITY, to represent their district by the third Monday of June of each year. In the event that any DISTRICT shall not make its recommendation by the first day of July, CITY nay appoint ' some qualified person to a one-year term to represent such DISTRICT on the Commission. Successors are to be appointed as previously described. In the event of other occurring vacancies from whatever cause, the CITY may appoint successors for the unexpired terms of office. Members may be reappointed by' the CITY for as many terms of office as are desirable. The CITY°s mayor shall be an ex-officio member of said commission. I All regular members of such commission shall receive compensation for their services, the sum of fifteen dollars (tl5) for ;each regular monthly commission meeting attended. Compensation shall not be paid for attendance at adjourned or special meetings. City-wide municipal recreational programs shall be operated by CITY, as defined above, and direct program operation shall -6- be under CITY°s direction It is understood that operation of municipal programs on school grounds shall be supervised by recreation supervisors responsible to the Director of community Services. 7. MIENDMM4TS: This agreement may be amended from time to time by mutual agreement in writing of the parties hereto. 8. TERM AND OPTION TO TERMINATE: The term of this agreement shall commence. July 1, 1984, and shall continue in effect until sooner terminated by CITY or DISTRICT upon giving sixty (60) days written notice to the other party to this agreement in the manner described herein. 9. INDEMNIFICATION, DEFENSE, HOLD HARMLESS: a. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this agreement during the days and hours CITY uses the facilities described in this agreement. It is also understood and agreed that, pursuant to Government code Section 695.4, CITY shall fully defend, indemnify and hold DISTRICT harmless from any ]liability imposed for injury (as defined by Government Code Section 810.8) , occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this agreement during the days and hours CITY uses the facilities described in this agreement; -7- be Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any activities described in this a,gree- went during the days and hours DISTRICT uses the facilities described in this agreement. It is also understood and agreed that, pursuant to Government Code Section 695.4 DISTRICT shall fully defend, indemnify and hold CITY harmless from any lia bility imposed for injury (as defined by Government Code' Sec- tion 810.8) , occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any activities described in this agreement during the days and hours DISTRICT uses the facilities described in this agreement. 10. NOTICES Any notices pursuant to this agreement shall be deemed delivered, if in writing, deposited in the United States Postal Service with postage prepaid and addressed to each panty as follows: CITY: CITY OF HUNTINGTON BEACH Attn: Director, Community Services 2000 Main Street Huntington Beach, CA 92648 DISTRICT: Goldenwest College 15744 Goldenwest Huntington Beach, CA 92647 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers the day and year first above written. CITY OF HUNTINGTON BEACH BY - Mayor ATTEST: APPROVED AS TO FORM:' City Clerk rgs C'ty At o ney -re' APPROVED AS TO CONTENT: ( INITIATED AND APPROVED: City Administrator Director, ommuni y ervices COASTUM COMMUNITY COLLEGE GOLDEN WEST COLLEGE DIS RIOT: Chancellor 1-17-85 DISTRICT CONTRACT CITY CONTRACT ADMINISTRATOR ADMINISTRATOR FE A;=pravcd by: 1 CDA3T COMMUNITY COLLEGE DISTRICT 60A30 OF TRUSTEES -��— .v a... ...ta a 1a� C.t�it!e'1: ..•CS:7.�Ci f:si Coirmunity Submitted to i e $ and of Trustees /,, P r y,. . , s C�opas� �► RE D. T f=®R CITY C®UN ACTION Date November 21 , 1985 Submitted to: Honorable Mayor and City Council GtL Submitted by: Charles W. Thompson, City Administra 0 Prepared by: Melvin H. Bowman, Director, Cortnuni ty Services Subject: RECREATION EATION FACILITIES USE AGREEMENT Consistent with Council Policy? IV) Yes i I New Policy or Except n r. Statement of Issue,Recommendation,Analysis,Fundinq Source,Alternative c .Attachments: STATEMENT OF ISSUE The city-school agreement to allow city use of selected school facilities for conduct of community recreation programs has expired and is now proposed for an open-end term. RECOMMENDATION Approve and authorize Mayor to execute the attached agreement with the Fountain Valley, Ocean View and Huntington Beach city school districts for utilization of school facilities for recreational uses. ANALYSIS The City has been utilizing various school facilities for recreation programs and activities through agreement since 1950. By providing comr►unity recreation on school property, the city promotes the general welfare of its citizens through maximum utilization of available facilities.. In the past, this agreement has been for a five-year term. Staff and representatives of the school districts recommend that the agreement be modified so it reflects an open-end term with the option of cancellation by either party sixty days after written notification. This agreement has been reviewed and approved by each school district board. 4DING SOURCE Mone. I,LTERHATIVE ACTIONS 1. Continue with five-year agreement. 2. Discontinue city use of school district facilities. ATTACHMENTS Agreement. 1,94B:mb 0706EI23 Pio 4184 r RECREATIONI FACILITY USE AGREEMENT AMONG CITY OF HUNTINGTON BEACH, OCEAN VIEW SCHOOL DISTRICT, FOUNTAIN VALLEY SCHOOL DISTRICT, AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES THIS AGREEMENT is made and entered into this 7th day Of Novembpr �, 1985, by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and FOUNTAIN VALLEY SCHOOL DISTRICT, a political subdivision of the State of California, OCEAN VIEW SCHOOL DISTRICT, a political subdivision of the State of California, and HUNTINGTON BEACH CITY SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter collectively referred to as "DISTRICTS." WHEREAS, the: parties hereto desire to promote and preserve the health and general welfare of the people of the CITY and DISTRICTS, and to cultivate and develop good citizenship by providing for an adequate program of community recreation and to conduct such a program of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of said CITY and DISTRICTS: and The parties hereto desire to cooperate with each other to carry out the provisions of Chapter 10, Part 7 of Division I of Title I of the Education Code of the State of California, and to that end enter into an agreement with each other to promote and 1. preserve the health and general welfare of the people of said CITY and DISTRICTS, NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto, the parties hereby covenant and agree as follows: 1. SCOPE OF WORK a. DISTRICTS shall make available to CITY certain of their school facilities for community recreational activities. The facilities so utilized shall be selected by CITY out of those facilities made available to CITY by DISTRICTS. b. CITY use of school facilities shall be in accordance with pertinent DISTRICTS' policies in granting permits for nonschool use of facilities. c. Schedules for use of said facilities for community recreational activities shall be established by the Director of Community Services of CITY and approved by DISTRICTS' superintendents or designated representatives. 2. FEES AND SCHEDULING OF FACILITIES IN GENERAL a. Admission fees shall cover expenses only for a community recreational event. There shall be no rental fee charged to CITY. All fees and charges assessed for programs scheduled under this agreement shall be used for furthering the recreational activities of the students and in performance of this Agreement. b. Each DISTRICT'S programs, events and required maintenance shall have first scheduling priority for the use of its own facilities. DISTRICTS reserve the right to schedule the 2. use of facilities in fair proportion for other public agencies. Schedules may be altered by mutual consent of all the parties herein. The parties agree to use their best efforts so as to avoid scheduling disputes and conflicts. C. CITY shall select and provide certain qualified personnel to conduct recreational activities and events which take place after school hours, on weekends, and during holiday and vacation periods on the various selected DISTRICT facilities. d. Individual DISTRICTS shall be consulted and advised as to recreational activities conducted by CITY on facilities under each DISTRICT'S own jurisdiction. 3. PERSONNEL All personnel employed to conduct community recreational activities shall be under the supervision of CITY and shall be employed by CITY. Expenses, including but not limited to, salaries, cost of supplies, and general maintenance shall be met by CITY out of its own resources. 4. 14ATERIALS AND MAINTENANCE OF FACILITIES a. CITY shall provide certain expendable material and supplies necessary for conducting community recreational programs for all ages. Equipment provided by each DISTRICT as part of the school program and suitable for community recreational. use,kand equipment and supplies provided by CITY and suitable for school use, shall be mutually interchangeable for the common use of CITY and DISTRICTS. b. Custodial and maintenance services for all school facilities utilized for community recreational programs may 3. be provided by DISTRICTS, if requested to provide such services by CITY in writing. DISTRICTS may charge CITY for cost of providing custodial and maintenance service requested by CITY, subject to written understanding only. 5. COt3TRACT ADMINISTRATOR The CITY Contract Administrator for this Agreement shall be the Director of Community Services of CITY. 6. CODDIUNITY SERVICES ADVISORY COMMISSION The parties shall continue in existence the heretofore established advisory Community Services Commission which is composed of five (5) members at large, serving four (4) year terms and one (1) Member for each of the six (6) local school DISTRICTS, (Ocean View School District, Fountain Valley School District, Huntington Beach City School District, Westminster School District, Huntington Beach Union High School District and Coast Community College District) serving one (1) year terms. The Commission shall assist the Contract Administrator in administering this agreement for the mutual benefit of the parties. All members shall, be appointed by CITY. Terms of all appointees shall run concurrently with the fiscal year beginning July 1, and ending June 30 each year of the Agreement. Each participating DISTRICT shall recommend to CITY a number of candidates who are residents of their respective DISTRICT and of CITY, to represent their DISTRICT by the third Monday of June of each year, one of whom shall be appointed by CITY from each DISTRICT as such DISTRICT's representative. Appointments shall be made in the manner desired by CITY. In the event that a DISTRICT or DISTRICTS do not make 4. their recommendation to CITY by the first day of July of each year the CITY may appoint any qualified resident of the DISTRICT and of the CITY to a one-year term to represent such DISTRICT. Successors of members are to be appointed in a similar manner. The Mayor of CITY shall be an ex-officio member of said commission. Regular members of such commission shall receive as compensation from the CITY for their services, the sum of fifteen dollars M 5) for their attendance at each regular monthly commission meeting Compensation shall not be paid for attendance at adjourned or special meetings. City-wide municipal and school recreational programs shall be operated by CITY, as defined above, and direct program operation shall be under CITY's direction. It is understood that operation of individual programs on school grounds shall be supervised by recreation supervisors responsible to CITY. Use of school vehicles for the purpose of transporting recreational program participants on approved trips and excursions shall be governed by DISTRICTS' policies and final decisions as to the recreational use of said vehicles shall be at the discretion of DISTRICTS' superintendents. 7. TERMS AND OPTION TO TERMINATE The term of this Agreement shall commence July 1, 1984, and shall continue in effect until terminated by CITY, upon sixty (60) days ' written notice to each party at the address shown herein. Any DISTRICT may terminate the agreement, as to itself, upon sixty (60) days written notice to each of the parties to this agreement, at the address shown herein. 5. � ti • 8. INDEMNIFICATION, DEFENSE, HOLD HAP LESS a. Neither DISTRICT nor any officer or employee thereof stall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this agreement. Pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this Agreement. b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any DISTRICT under or in connection with any activities described in this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 any DISTRICT shall fully defend, indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 819.8) , occurring by reason of anything done or omitted to be done by any DISTRICT under or in connection with any activities described in this agreement. 9. AMMIDMENTS This agreement may be amended from time to time by mutual agreement in writing of the parties hereto. 6. 1 A 10. NOTICES Any notices pursuant to this Agreement shall be deemed delivered, if in writing, deposited in the United States Postal Service with postage prepaid and addressed to each party as follows: CITY: CITY OF HUNTINGTON BEACH Attn: Director, Community Services 2000 Main Street Huntington Beach, CA 92648 DISTRICTS: OCEAN VIEW SCHOOL DISTRICT 19940 "B" Street Huntington Beach, CA 92647 FOUNTAIN VALLEY SCHOOL DISTRICT 17210 Oak Street Fountain Valley, CA 92708 HUNTINGTON BEACH CITY SCHOOL DISTRICT 20451 Craimer Huntington Beach, CA 92646 REST OF PAGE NOT USED 7. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on the day, month and year first above written. CITY OF HUNTINGTON BEACH BY �� - J � Mayor ATTEST: APPROVED AS TO FORM: Jet— ity Clerk / ,/�S City t rney APPROVED AS TO CONTENT: ry INITIATED AND AP ROVED: Ira rlW Administ for Director, Community Services OCEAN VIEW SCHOOL DISTRICT: FOUNTAIN VALLEY SCHOOL DISTRICT: Bye , .�,/"�/. ����� ,-•...... � ''�^fZ .�-�_. By BY HUNTINGTON BEACH CITY SCHOOL DISTRICT: By 8. 18. Adopt Ordinance No. 3982 adopting Development Agreement with Elan Huntington Beach, LLC Approved for introduction July 1, 2013 (Vote: 7-0) Recommended Action: Adopt Ordinance No. 3982, "An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach and Elan Huntington Beach LLC (Developer) (Development Agreement No. 13-001)." Approved 6-0-1 (Hardy absent) ORDINANCES FOR INTRODUCTION 6 19. Approve for introduction as amended Ordinance No. 3983 amending Chapter 2.64 of the Huntington Beach Municipal Code changing the makeup of the Community Services Commission to include seven (7) at- large individually appointed members and f"�six (6) school district appointees ReGem''' ended Alternate Action: Approve for introduction as amended by supplemental communication and as presented in alternative action (which includes two revisions as follows: Sections 2.64.020— to include and total of thirteen members,- and Section 2.64.040— to include six members, one from each elementary, high school, and community college district having facilities within the City) Ordinance No. 3983, "An Ordinance of the City of Huntington Beach Amending Chapter 2.64 of the Huntington Beach Municipal Code Relating to the Community Services Commission." Approved as amended by alternative action/supplemental communication 6-0-1 (Hardy absent) COUNCILMEMBER ITEMS 20. Submitted by Mayor Pro Tern Harper and Councilmember Hardy - Review of Huntington Beach Municipal Code, Chapter 9 and Recommendations Recommended Action: As a result of the review and in an effort to update Chapter 9 of the Huntington Beach Municipal Code, we propose the City Attorney prepare an ordinance to repeal the following sections that are outdated and no longer necessary: HBMC 9.24.090 - Card Games HBMC 9.44.015 - Regulation of Alcohol Consumption on or about Independence Day HBMC 9.84.070 D (i), (ii), (iii) and (iv) Alcohol Use Permit Requirements Approved 5-0-2 (Shaw out of room; Hardy absent) City Council/ PFA Regular Meeting July 15, 2013 -8- H , CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT INTER-DEPARTMENT COMMUNIGAIMEMENTAL HUNTINGTON BEACH COMMUNICATION To. 17- Honorable Mayor and City Council Member Date: Via: Fred A. Wilson, City Manager Agenda item No. From: Janeen Laudenback, Interim Director of Community Services`` Date: July 15, 2013 Subject: Amended Ordinance No. 3983 Please be advised that proposed ordinance 3983 contains a single word omission from the second sentence of Chapter 2.64.020. One-year members. The proposed ordinance chapter 2.64.020 is missing the word district from the second sentence, and currently reads as follows: Each elementary and high school having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. This sentence should be changed to the following: Each elementary and high school district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. This memo serves as official notification of this addition, and this change will be also be reflected the second reading of this ordinance, scheduled for the August 5t" City Council meeting. 2.64.040 One-year members. The City Council shall appoint five members for terms of one year. Each elementary and high school district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. The new recommended action is to introduce as amended Ordinance No. 3983, "An Ordinance of the City of Huntington Beach Amending Chapter 2.64 of the Huntington Beach Municipal Code Relating to the Community Services Commission." ORDINANCE NO. 3983 /r l AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.64 OF THE HUNTINGTON BEACH1 MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION The City Council of the City of Huntington Beach does/hereby ordain as follows: f r SECTION 1. Section 2.64.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: q 2.64.010 Established. There is established an advisory Community Services Commission in and for the City. F" _ 2.64.020 Composition. The commission shall be composed of(twelve�members. SECTION 2. Section 2.64.025 of the,�Huntington Beach Municipal Code is hereby added to read as follows: f7 2.64.025 Appointment. Each member,of the City Council shall appoint one member to the Community Services Commission for a four-year term. SECTION 3. Section 2.64 027 of the Huntington Beach Municipal Code is hereby added to read as follows: ' ,f 2.64.027 'Perm. Each member of the Community Services Commission shall serve a four(4) year term commencing on January 1 following a general municipal election at which the appointing Councilmembe/was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty (30) days after such vacancy occurs. Following expiration of his/her term of office, each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee, upon announcement of such removal at a regular City Council meeting; provided, however, that no member of the Community Services Commission may be removed prior to January 1 following any general municipal election. SECTION 4. Section 2.64.028 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. I PSI %� tf 1 3-3 826/9901 9.doe 1e A P, r " � SECTION 5. Section 2.64.030 of the Huntington Beach Municipal Code is hereby removed in its entirety. J l SECTION 6. Section 2.64.040 of the Huntington Beach Municipal Code is her y amended to read as follows: 4- 2.64.040 One-year members. The City Counc�,shall appoin five embers foerms of one year. Each elementary and high school district'having facilities within the city/ ay recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One 9f said persons shall be appointed by the Council for a one-year term which will terminate on Jule 1 the following year. In the event that any district shall not make such recommendations to the Council by the first day of July,then the Council may appoint some qualified person to a one year term to represent such school district on the commission. g SECTION 7. Sections 2.64.070, 2.64.080 and 2.64.09�0 are deleted in their entirety. SECTION 8. Section 2.64.110 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.64.110 Meetino. The commission shall meet regularly on the second Wednesday of each month at 6 p.m. in the Council Chambers unless it:should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the Chairperson. 1 SECTION 9. This ordinance shall become effective 30 days after its adoption. �f PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the '� day of , 2013. Mayor ATTEST: APPR.O-V-EI57AS TO FORM: City Clerk �CityAtorncy REVIEWED AI'D APPROVED: INITIATE D AND APPROVED: City ManagerUbIr'e'cor of Community Services f 13-3826/99019.doc 2 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. f 2 6 030 Four- . embers. The mayof, with . .,1 f the (`; >r. appfav,1 f the ! ;+<, f ,,,,, ,�,;1 appoint l;,,, sueeessor fo110 lrtood;lza 2.64.040 One-year members. The City Council shall appoint sn£five members for terms of one year. Each elementary, high school district, ar`d junior college district having facilities within the city may recommend to thef Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the following year. In the event that any district shall not"make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. (1113-7/65, 1300-3/67,2383-7/79, 2389-9/79, 3723-12/05) 2.64.045 Service Limitation. No person shall serve more than two (2) consecutive four-year terms; provided, however,that persons serving on the effective date of this ordinance may complete/their current terms and, if reappointed, an additional term thereafter. No person shall serve more than eight (8) consecutive one-year terms. (2918-12/87),fi,r 2.64.050 Mayor--Ex officio member. The Mayor shall be an ex officio member of the commission. (1113-7/65) 12/87 2.64.060 Secretary. The Director of Community Services, or his designee, shall serve as secretary to the commission without vote and shall keep permanent minutes of the commission mee ings. (1113-7/65,2383-7/79,2389-9/79, 2399-11/79) not be deemed afbit--­ should the Mayof, with�he appfova4 of the City fnembef be fetifed, o; sueeessof 1 the aili.xYiiiu Y time; sueeessofs to be appointed in sti f: 1, zef „ o by the A�i. yof ,�,4 tL, �> 1 , ,•" > ,•tlie�=cccc-z'�nCrra-te�cr , , �v �.l ill:, uYpre of the City!`.,,;. ;1 F +l,o , o fed to,-.Y, of 11.7 r A R , ;+L the 1 of the City (`,.,,,-,..;1 fef., to of off ee . -, A .T pl-�I11V� CCJ 1J >,�otd + • + A-11 , "' , r, L[TJLIIL LJ J11LL11 2 13-3826/99018 � l Q1 u bL:LJ�i s4 `� l Dept. ID CS 13-014 Page 1 of 2 Meeting Date:7/15/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/15/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Interim Director of Community Services SUBJECT: Approve for introduction Ordinance No. 3983 amending Chapter 2.64 of the Huntington Beach Municipal Code changing the make up of the Community Services Commission to include seven (7) at-large individually appointed members and five (5) school district appointees Statement of Issue: There is a need to amend Sections 2.64.020, 2.64,025, 2.64.027, 2.64.028, 2.64.030, and 2.64.040 of Huntington Beach Municipal Code Chapter 2.64, Community Services Commission, to change the composition of the Community Services Commission. Financial Impact: Not Applicable Recommended Action: Approve for introduction Ordinance No. 3983, "An Ordinance of the City of Huntington Beach Amending Chapter 2.64 of the Huntington Beach Municipal Code Relating to the Community Services Commission." Alternative Action(s): Adopt Ordinance No. 3983 with two revisions to Sections 2.64.020 and 2.64.040 as follows: 1) Section 2.64.020—to include a total of thirteen members; and, 2) Section 2.64.040 — to include six members, one from each elementary, high school, and community college district having facilities within the city. Analysis: At the July 1, 2013 meeting of the City Council, staff was directed to amend the structure of the Community Services Commission. The recommended changes included increasing the number of commissioners from a total of 11 to 12. At-large appointments will increase from five to seven and are recommended to be appointed by individual City Council Members, while the number of school district representatives will be reduced from six to five. Huntington Beach Municipal Code Chapter 2.64 includes several sections further defining the composition of the commission. A summary of the changes recommended is provided below with the detailed changes included in the Legislative Draft (Attachment 2). 2.64.020 Composition — Increases the total membership of the Community Services Commission from eleven to twelve members. HB -299- Item 19. - 1 Dept.ID CS 13-014 Page 2 of 2 Meeting Date:7/15/2013 2:64:025 Appointment,— Changes the at-large commissioner selection appointment process from appointment .from the :Mayor, with approval from City Council to individual City Council appointments based on the term of each City Councilmember. 2.64.027 Term — This change adds Section 2.64.027 which clarifies the appointment dates and terms. Appointments to the Community Services Commission will be made in accordance with the same provisions specified for the City Planning Commissioners, (HBMC 2.34.060) and will follow the terms of the individual City Council Members. 2.64.028 Vacancies — This section codifies that the vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. 2.64.030 Four Year Members — Section 2.64.030 will be removed entirely. 2.64.040 One-year Members Composition — Changes to Section 2.64.040 change the number of one-year school district members from six to five. Transition Considerations: Under the recommended new structure, there will be seven at-large, individual Council appointed commissioners. Under the current format, there is one at-large member who's term expires in June of 2014. The adoption of the new structure will prevent this one at-large member from completing his term. There are also two at-large members who's terms expired 6/20/12, but are eligible to reappoint for a second term under the current format. The at-large member is desirous of continuing to serve and would be amenable to being re-appointed under the new structure by any member of the City Council. It was also suggested at the July 1, City Council meeting that having an "even number" of commissioners (as currently included in the revised ordinance) would not be common practice. Therefore, an alternate action has been included that would continue the appointment of six school district representatives, including a representative from the Coast Community College District. No changes to the current adopted section 2.64.040 would be required if this alternative is approved. Environmental Status: Not Applicable Strategic Plan Goal: Improve City's infrastructure Attachment(s): 1) Ordinance No. 3983, "An Ordinance of the City of Huntington Beach Amending Chapter 2.64 of the Huntington Beach Municipal Code Relating to the Community Services Commission" 2) Legislative Draft— Chapter 2.64 Item 19. - 2 HB -300- ATTACHMENT # 1 ORDINANCE NO. 3983 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.64 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.64.020 of the Huntington Bea h Municipal Code is hereby amended to read as follows: 2.64.010 Established. There is established an advisory Community Services Commission in and for the City. 2.64.020 Composition. The commission shall be composed of twelve members. SECTION 2. Section 2.64.025 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.025 Appointment. Each member of the',City Council shall appoint one member to the Community Services Commission for a four3-lylear term. SECTION 3. Section 2.64.027 of the Huntington Beach Municipal Code is hereby added to read as follows: a 2.64.027 'germ. Each member of the/Community Services Commission shall serve a four(4) year term commencing on January lhollowing a general municipal election at which the appointing Councilmember was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty (30) days after such vacancy occurs. Following expiration of his/her term of office, each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee, upon announcement of such removal at a regular City Council meeting; provided, however, that no member of the Community Services Commission may be removed prior to January 1 following any general municipal election. SECTION 4. Section 2.64.028 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. 13-3826/99019.doc .t L. Ordinance No. 3983 SECTION 5. Section 2.64.030 of the Huntington Beach Municipal Code is ereby removed in its entirety. SECTION 6. Section 2.64.040 of the Huntington Beach Municipal Co is hereby amended to read as follows: 2.64.040 One-year members. The City Council shall appoint five members for terms of one year. Each elementary and high school having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said persons shall be appointed by the Council for a one-year term which will terminate on July 1 the/following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. SECTION 7. Sections 2.64.070, 2.64.080 and 2.64.090 are deleted in their entirety. SECTION 8. Section 2.64.110 of the Huntington Beach Municipal Code is hereby Y amended to read as follows: 2.64.110 Meetings. The commission shall meet regularly on the second Wednesday of each month at 6 p.m. in the Council Chambers unless it should fall on a holiday. In such case, the following Wednesday shall be designated. Special meetings may be called by the Chairperson. SECTION 9. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2013. Mayor ATTEST: APP VED ASJT�O�FORM: I'll I City Clerk City Attorney 6� ) REVIEWED AND APPROVED: INITIA, ED AND APPROVED: City Manager rector of Community Services 1 13-3826/99019.doc 2 Ordinance No. 3983 LEGISLATIVE DRAFT Chapter 2.64 COMMUNITY SERVICES COMMISSION (803-12/60, 1113-7/65, 1300-3/67, 1434-9/68,2383-7/79,2389-9/79,2399-11179,2918-12/87,3723-12/05) Sections: 2.64.010 Established 2.64.020 Composition 2.64.025 Appointment 2.64.027 Term 2.64.028 Vacancies 2.64.030 Four-year membersv 2.64.040 One-year members fi 2.64.045 Service Limitation ' 2.64.050 Mayor--Ex officio member 2.64.060 Secretaryr r > non M �` i. �� �4�,-o—�.4e�b�—P�en3o�=�� �.r� �� �j tt �K,1 f �� �. e '�6. 4.noon—V-aeanc-ies--Retifement r r_ n 2.64.100 Duties and responsibilities 1 } 2.64.105 Operating Policiesg 2.64.110 Meetings 2.64.120 Election of officers 2.64.130 Quorum proceedings 2.64.010 Established. There is established anpa'dvisory Community Services Commission in and for the ECity. The„ n+Reefe tie and n.,,.vs GeR+ .issi.r Comm ""+" Sen4ees Ceffh issiO -(1113-7/65, 2383-9179, 2399-11/79) 2.64.020 Composition. The commission shall be composed of eleventwelve members. (803-12/60, 1113-7/65, 1300-3/67Y 2.65.025 Appointment. Each member of the City Council shall appoint one member to the Community Services Commission for a four-year term. 2.64.027 Term. Each member of the Community Services Commission shall serve a four(4) year term commencing,D January 1 following a general municipal election at which the appointing Councilmember was elected. In the event the office of any appointing Councilmember becomes vacant during the term thereof, the term of the Community Services Commissioner appointed by such Councilmember shall terminate thirty (30) days after suchkacancy occurs.Following expiration of his/her term of office. each member of the Community Services Commission shall continue to serve until his/her successor is appointed and qualified. Members of the Community Services Commission may be removed by the Councilmember of which he/she is the appointee. upon announcement of such removal at a regular City Council meeting: provided, however, that no member of the Community Services Commission may be removed prior to January 1 following any general municipal election. r 1 13-3826/99018 2.64.028 Vacancies. Vacancies in the Community Services Commission shall be filled by appointment by the City Councilmember or his successor, who made the appointment which is vacated. 2.64.0310 Four year members. The mayof,with appfaval of Oh— shA five ffieffibefs ffamrthe eityat lafT deaf to 1969. Upon ..let of «'. +v +b,o A;7 , A.40h.*he svi uiszir i v . � r', 1VfTTr ' f 2.64.040 One-vear members. The City Council shall appoint sbEfive members for terms of one year. Each elementary, high school, and junior college district having facilities within the city may recommend to the Council, on or before the third Monday in June of each year, two or more persons, residents of the city of Huntington Beach, to represent their district. One of said/persons shall be appointed by the Council for a one-year term which will/terminate on July I the following year. In the event that any district shall not make such recommendations to the Council by the first day of July, then the Council may appoint some qualified person to a one-year term to represent such school district on the commission. (1113-7/65, 1300-3/67,2383-7/79, 2389-9/79, 3723-12/05) 2.64.045 Service Limitation. No person shall serve more than two (2) consecutive four-year terms; provided, however, that persons serving on the effective date of this ordinance may completeAtheir current terms and, if reappointed, an additional term thereafter. No person shall serve more than eight (8) consecutive one-year terms. (2918-12/87V 2.64.050 Mayor--Ex off cio member. The Mayor shall be an ex officio member of the commission. (1113-7/65) 12/87 2.64.060 Secretary. The Director/fCommunity Services, or his designee, shall serve as secretary to the commission without vote and shall keep permanent minutes of the commission meetings. (1113-7/65, 2383-7/79,2389-9/79, 2399-11/79) •not be deemed afbi+i—a—, :,awn' uld the Mayef, • ,;+1, the appfaval ,f the !`;+ems b.o >, + a b. ,to« and „+ «the , o,pirod mym � « appoint , to fm of off ee of n eh feti r t mvmb e . ,11�5) 7__ 2 6A 080 17 tea*eie-­RPi;----nt. Memb e fs shall be pfivileged to «o+;«o veluF afily ffem the on a time; , o s to be appoii4ed in stie ease, of any othef whatevef > by the Mayor-, with the appf oval. ly 2.64.090--�&ml—er-,.--Reappo-.ntment. Membefs may be feappoinled by the AST.,yof, with the opfaval f the C;4 Go ;l fe as many tefms f f`f;. that momb.o 00 0, +;,, b, ,mot A._+«. i b tt > > > + s shall � 2 . 13-3826/99018 C if r��U,, requiri fe / i 2.64.100 Duties and responsibilities. The commission shall act in"an advisory capacity to the City Council, the boards of trustees of the school districts and the Director of Community Services in all matters pertaining to harbors and beaches facilities, park acquisition, development and maintenance, and recreational programming or facilities. Also the commission shall cooperate with other governmental agencies and civic groups in the advancement of sound parks and recreational planning under the direction of the City Council.?Commissioners may study, report and interpret the needs of the public to thekity Council and may assist in securing financial support from the community for harbors, beaches, parks and recreational needs. The commission may review the annual budget as presented to the City Council and advise them on the current operational needs and long-range plans for capital improvement. (1113-7/65,2383-7/79,2399-11/79) 2.64.105 Operating Policies. Except as otherwise provided in this chapter, the board shall conform to the operating policy for boards and commissions as set forth in chapter 2.100 of this code. (2918-12/87) 2.64.110 Meetings. The commission shall meet regularly on the second Wednesday of each month at-76 p.m. in the Council Chambers unless it should fall on a holiday. In such case, the following ,Wednesday shall be designated. Special meetings may be called by the Chairperson. (1113-7/65,2383-7179,2389-9179) 2.64.120 Election of officers. The commission shall elect from its members a chairperson and vice chairperson at the regular July meeting and such officers shall serve for one year and until their successors are elected and qualified. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings of the commission. (1434-9/68,2383-7/79) 2.64.130 Quorum proceedings. A,4iajority of the members of the commission in office shall constitute a quorums A majority vote of the members present and voting, where a quorum is present at any regular or special meeting, is required to carry a motion, proposal or resolution. Upon demand of any member, the roll call shall be called for yeas and nays upon any question before the commission. Absence from three consecutive meetings without formal consent of the commission chairperson shall be deemed to constitute the retirement of such member and the position shall become vacant. Roberts' Rules of Order Revised shall govern the procedurAf meetings of the commission unless inconsistent with other provisions of this chapter. (1434-9/68,2383-7/79) VT L4 .. ! e s I { 3 13-3826/99018 CITY F /%,HUNTINGTON City Coun al Interoffice Communication To: Honorable Mayor and City Council Members From: Joe Shaw, City Council Member Date: June 24, 2013 Subject: CITY COUNCIL MEMBER ITEM FOR THE JULY 1, 2013, CITY COUNCIL MEETING— AMEND MUNICIPAL CODE— CHAPTER 2.64, SECTION 264.010— PERTAINING TO THE COMMUNITY SERVICES COMMISSION MEMBERSHIP COMPOSITION STATEMENT OF ISSUE: The Community Services Commission (CSC) currently consists of eleven (11) members. Per the current Municipal Code — Chapter 2.64, Section 264.020, five (5) members are appointed by the Mayor, with the approval of the City Council, from the city at-large for terms of four years. Over the years, each Mayor has usually referred the recommendation for at-large members to the Council Liaisons to the CSC prior to going to the City Council as a whole for final approval. The CSC is also comprised of six (6) members representing each of the school districts in the city. Recommendations for appointment are made by each of the district's administrative staff or Board of Trustees. District recommendations are then approved by the City Council. In an effort to better represent the interests of the City Council, there is a desire for the individual Council Members each to appoint one at-large representative to the CSC, with three additional appointees assigned from each school district owning land where the city has developed public parks. Currently, Ocean View, Fountain Valley, and Westminster School Districts own such property. The seven (7) at-large member appointees shall be residents of the city of Huntington Beach, shall not be officers or employees of the city, and no appointee of the commission may have any interest in any park land operated by the city of Huntington Beach. The three (3) additional members will be recommended by the school districts, with final approval from the City Council. RECOMMENDED ACTION: Direct the City Attorney to return with an ordinance to amend Chapter 2.64 of the Municipal Code changing the composition of the Community Services Commission from a total of eleven (11) members to a total of ten (10) members. This will change the configuration of the commission from five (5) at-large members and six (6) representatives of the various school districts to seven (7) at-large members and three (3) representatives of the three (3) school districts owning park property. xc: Fred Wilson, City manager Bob Hall, Assistant City Manager Joan Flynn, City Clerk Janeen Laudenback, Interim Director of Community Services Laurie Frymire, Community Relations Officer Es From: Dombo. Johanna Swm± Thursday, July 11. 2O134:37PyW To: Eaparzo. PaMy Subject: FVV: Ordinance 38S3 Attachments: Gaaparian letter toHBCC.docx.pdf From: Albert A|bertGaypahan [mai|to:agaypahan@gwc.cccd.edul Sent: Thursday, July 11, 2U134:37PM To: Shaw, Joe Cc: Domb4Johanna Subject: Ordinance 3893 Dear Council Member Shaw, I will be out of the state Monday and will not be able to attend the council meeting but have attached aletter personally asking for your support of the alternative action for Ordinance 3893 which maintains representation for the Coast Community College District on the Community Services Commission. Please feel free to contact nne via email or call mny cell 714.321.978Sif you'd like any further information. Thank you, A|bertGasparian Dean of Health, Kinesio\ogyand Athletics Golden West College Huntington Beach Community Services Commissioner SUPPLEMENTAL ������N�k8N����w��r����� �����m�m��o�n���nv "��"~ Agepda���No 1 GOLDEN WEST COLLEGE ���ArvsoroPPc�tzry l� HUNTINGTON BEACH, CA K/bs Bryan, r'resident July 10, 2013 Dear Mayor Boardman and Council Members; As a current member of the Community Services Commission,long time Huntington Beach resident, and employee of Golden West College, I ask for your support for the alternative action(s) for Ordinance 3893 which maintains representation for the Coast Community College District on the Community Services Commission. While I understand the council's desire to change the composition of the commission, it is my personal and professional belief that any negative impact of adding a commissioner to the proposed action would be far outweighed by the advantages of maintaining the current lines of communication between the district and the city. The increased population that will arrive shortly from the Beach-Edinger Corridor housing projects combined with the new City and Skate Parks being developed in close proximity to GWC will make coordination of efforts between the CCCD and the City even more critical. Golden West College and the Huntington Beach Community Services Department have a long history of partnerships dating back to 1967. Prior to the completion of the Sports Complex,GWC served as home to city sponsored Softball Leagues as well as other city sponsored activities. The partnership of installing lights on the softball fields served both parties well for over 30 years. While there are not currently any city sponsored leagues on campus there are future opportunities to resume these types of activities and develop new ones to better serve residents of all ages. The ongoing relationship between the college and city is further demonstrated by the City of Huntington Beach currently listing Golden West College as a city facility and softball field on their official website. It is my hope that the elimination of the CCCD representative was merely an oversight. I respectfully urge you to amend the proposed structure to the Community Services Commission by adding one additional member as a representative of the Coast Community College District. SUPPLEMENTAL Sincerely, C®MMUNiC ►'TION (UAL � tJtt Gam-. Albert Gaspari- ®��• Dean of Health, Kinesiology and Athletics Golden West College Agenda]ten�•<..,....- Huntington Beach Community Services Commissioner 15744 Goidenwest Street•P.O.Box 2748•Huniingtcn Beach CA 92647-0748 Board D of r`ws`e`s (714)892-7711 - mw,go(denwestcolege.edu Ti Marano ?orr.aine Puns._.'4_G, Trustees Lorraine Prinsky, Ph.D. Mary Hornbuckle CAO C(yes� Jerry Patterson Jim Moreno David Grant Student Trustee Inspiratioei. Innovation. Graduation. Kolby Kea July 12, 2013 chancei►or Andrew Jones,Ed.D. Dear Mayor Boardman and Huntington Beach City Council Members, I am writing to ask that you continue to include a member of Coast Community College District on the the Huntington Beach Community Services Commission, Albert Gasparian from Golden West College has been our representative on the Commission for many years. He has been an active participant on the Commission, representing the educational community that includes thousands of students, faculty and staff members who may work, play and reside In Huntington Beach. Through our representative on this Commission, Coast District has provided significant input to deliberations of the Community Services Commission on capital projects, parks and recreational planning. I believe that it benefits the City to continue to have representation from our educational community. As President of the Board of Trustees at the Coast Community College District and a resident of Huntington Beach, I was quite surprised when I read that the Council was considering eliminating Coast District representation on the Commission. Golden West College and Coast Community College District have have had a mutually beneficial partnership on a number, of projects over the years. Golden West College houses and supports the El Viento Program that benefits 4th-12th graders and their families from the Oakview neighborhood in Huntington Beach. The Boys and Girls Clubs of Huntington 'Valley Robert Mayer Chile! Development Preschool may be found on the campus of Golden West College. Margie Bunten, the Golden West College Foundation Director for many years, served on numerous city committees and commissions and was named by the Huntington Beach Chamber of Commerce Citizen of the Year in 2012, We were honored to have Mayor Boardman give the oath of office to three recently reelected Trustees and both Mayor Boardman and Councilmember harper have taken an interest in Coast district matters, speaking at Board meetings in recent months. This is just a short list of Huntington Beach-CCCD relationships that come to mind quickly. I hope for a closer relationship with the City and the Coast District and am concerned that our voices will no longer be heard on matters that are of importance to the educational community residing in Huntington Beach. As we embark on college construction projects that our neighbors endorsed with the votes for our Measure M, we believe a closer partnership between the Cite and Coast is more important than ever. I respectfully request that the City Council retain a Community Service Commission seat for the Coast Community College District so that we might continue to work on our mutual areas of interest. SUPPLEMENTAL Thank you for your kind consideration, COMMUNICATION 6Ls4 C;6u�- ry Date: 12-0/3 Lorraine Prinsky, Ph,D. Board President, Coast Community College District it®m Nb. Professor Emeritus, California State University, Fullerton "� coast community coiiege District.1370 Adams Avenue,Costa Mesa:CA 92626 Phone(714)436.4600 www.cced.edu Esparza, Patty From: Flynn, Joan Sent: Friday, July 12, 2013 1:53 PM To: Esparza, Patty Subject: Fwd: Community Servicers Agreements w/City of HB Attachments: Recreation Facilities Agreement- City.OVSD.pdf; ATT00001.htm; Circle View Joint Use Park Agreement.pdf; ATT00002.htm; Glen View Joint Use Park Agreement.pdf; ATT00003.htm; Haven View Joint Use Park Agreement.pdf; ATT00004.htm; Lake View Joint Use Park Agreement.pdf; ATT00005.htm; Marine View Joint Use Park Agreement.pdf; ATT00006.htm; Pleasant View Joint Use Park Agreement.pdf; ATT00007.htm; Robinwood Joint Use Park Agreement.pdf; ATT00008.htm; Park Ownership List.pdf; ATT00009.htm Supplemental communication Sent from my Whone Begin forwarded message: From: "Cindy Pulfer" <CPulferkovsd.org> To: "CITY COUNCIL" <city.council ,surfcity-hb.org> Cc: "Flynn, Joan" <iflynnksurfcity-hb.org>, "McGrath, Jennifer" <jmc rg athksurfcit -hb org>, "Dominguez, David" <ddomin ueznsurfcit, -h�b.org> Subject: Community Servicers Agreements w/City of HB This is additional information for Council person Shaw's proposed changes to the number of members of the Community Services Commission. It appears Shaw's proposal would violate the terms and conditions of the agreements. Please be aware of these agreements should be assumed to be in full force and effect unless any party can demonstrate otherwise. # # # SUPPLEMENTAL ---------------- COMMUNICATION ---------------- Norm Westwell 9g Dam: � ��s.-_/� normwnmo dernpublic.com www.modernpublic:com Agenda t>teM No. . _Z19 There is a price for being Free It is the eternal vigilance of our government i REQU T i OR CITY COUNG ACTION Date November 21, 1985 Submitted to: Honorable Mayor and-City Council Submitted by: Charles W. Thompson, City Administra Gp �1L Prepared by: Melvin M. Bowman, Director, Corimuni ty Services L 4py�9 p-�� RECREATI0N FACILITIES USE AGREEME917 �Y Subject: GZKti �y� Consistent with Council Policy? 14 Yes j } {stew Policy or Except n r_ Statement of Issue,Recommendation,Anal ysis, Funding Source,Alternative A4ioi<Attachments: STATEMENT OF ISSUE The city-school agreement to allow city use of selected school facilities for conduct of community recreation programs has expired and is now proposed for an open-end term. RECOWENDATION Approve and authorize Mayor to execute the attached agreement with the Fountain Valley, Ocean View and Huntington Beach city school districts for utilization of school facilities for recreational uses. ANALYSIS The City has been utilizing various school facilities for recreation programs and activities through agreement since 1950. By providing community recreation on school property, the city promotes the general welfare of its citizens through maximum utilization of available facilities.. In the past, this agreement has been for a five-year term. Staff and representatives of the school districts recommend that the agreement be modified so it reflects an open-end term with the option of cancellation by either party sixty days after written notification. This agreement has been reviewed and approved by each school district board. FUitDING SOURCE None. ALTERNATIVE ACTIONS 1. Continue with five-year agreement. 2. Discontinue city use of school district facilities. ATTACHMENTS Agreement. 1 MB:nb ©706E123 P1O 4134 S • RECREATIONi FACILITY USE AGREEMENT AMONG CITY OF HUNTINGTON BEACH, OCEAN VIEW SCHOOL DISTRICT, FOUNTAIN VALLEY SCHOOL DISTRICT, AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES THIS AGREEMENT is made and entered into this 7th day of Nov hp r 1985, by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and FOUNTAIN VALLEY SCHOOL DISTRICT, a political subdivision of the State of California, OCEAN VIEW SCHOOL DISTRICT, a political subdivision of the State of California, and HUNTINGTON BEACH CITY SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter collectively referred to as "DISTRICTS. " WHEREAS, the parties hereto desire to promote and preserve the health and general welfare of the people of the CITY and DISTRICTS, and to cultivate and develop good citizenship by providing for an adequate program of community recreation and to conduct such a program of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of said CITY and DISTRICTS; and The parties hereto desire to cooperate with each other to carry out the provisions of Chapter 10, Part 7 of Division I of Title I of the Education Cade of the State of California, and to that end enter into an agreement with each other to promote and J. preserve the health and general welfare of the people of said CITY and DISTRICTS, NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto, the parties hereby covenant and agree as follows: 1. SCOPE OF WORK a. DISTRICTS shall make available to CITY certain of their school facilities for community recreational activities. The facilities so utilized shall be selected by CITY out of those facilities made available to CITY by DISTRICTS. b. CITY use of school facilities shall be in accordance with pertinent DISTRICTS' policies in granting permits for nonschool use of facilities. C. Schedules for use of said facilities for community recreational activities shall be established by the Director of Community Services of CITY and approved by DISTRICTS' superintendents or designated representatives. 2. FEES AND SCHEDULING OF FACILITIES IN GENERAL a. Admission fees shall cover expenses only for a community recreational event. There shall be no rental fee charged to CITY. All fees and charges assessed for programs scheduled under this agreement shall be used for furthering the recreational activities of the students and in performance of this Agreement. b. Each DISTRICT'S programs► events and required maintenance shall have first scheduling priority for the use of its own facilities. DISTRICTS reserve the right to schedule the 2. use of facilities in fair proportion for other public agencies. Schedules may be altered by mutual consent of all the parties herein. The parties agree to use their best efforts so as to avoid scheduling disputes and conflicts . C. CITY shall select and provide certain qualified personnel to conduct recreational activities and events which take place after school hours, on weekends, and during holiday and vacation periods on the various selected DISTRICT facilities. d. Individual DISTRICTS shall be consulted and advised as to recreational activities conducted by CITY on facilities under each DISTRICT'S own jurisdiction. 3. PERSONNEL All personnel employed to conduct community recreational activities shall be under the supervision of CITY and shall be employed by CITY. Expenses, including but not limited to, salaries, cost of supplies, and general maintenance shall be met by CITY out of its own resources. 4. MATERIALS AND MAINTENAKCE OF FACILITIES a. CITY shall provide certain expendable material and supplies necessary for conducting community recreational programs for all ages. Equipment provided by each DISTRICT as part of the school program and suitable for community recreational use,kand equipment and supplies provided by CITY and suitable for school use, shall be mutually interchangeable for the common use of CITY and DISTRICTS. b. Custodial and maintenance services for all school facilities utilized for community recreational programs may 3. be provided by DISTRICTS, if requested to provide such services by CITY in writing. DISTRICTS may charge CITY for cost of providing custodial and maintenance service requested by CITY, subject to written understanding only. 5. COt3TRACT ADMINISTRATOR" The CITY Contract Administrator for this Agreement shall be the Director of Community Services of CITY. 6. COMUNITY SERVICES ADVISORY COMMISSION The parties shall continue in existence the heretofore established advisory Community Services Commission which is composed of five (5) members at large, serving four (4) year terms and one (1) member for each of the six (6) local school DISTRICTS, (Ocean View School District, Fountain Valley School District, Huntington Beach City School District, Westminster School District, Huntington Beach Union High School District and Coast Community College District) serving one (1) year terms. The Commission shall assist the Contract Administrator in administering this agreement for the mutual benefit of the parties. All members shall be appointed by CITY. Terms of all appointees shall run concurrently with the fiscal year beginning July 1, and ending June 30 each year of the Agreement. Each participating DISTRICT shall reconnend to CITY a number of candidates who are residents of their respective DISTRICT and of CITY, to represent their DISTRICT by the third Monday of June of each year, one of whorl shall be appointed by CITY from each DISTRICT as such DISTRICT's representative. Appointments shall be made in the manner desired by CITY. In the event that a DISTRICT or DISTRICTS do not make A. their recommendation to CITY by the first day of July of each year the CITY may appoint any qualified resident of the DISTRICT and of the CITY to a one-year term to represent such DISTRICT. Successors of members are to be appointed in a similar manner. The Mayor of CITY shall be an ex-officio member of said commission. Regular members of such commission shall receive as compensation from the CITY for their services, the sum of fifteen dollars M 5) for their attendance at each regular monthly commission meeting Compensation shall not be paid for attendance at adjourned or special meetings. City-wide municipal and school recreational programs shall be operated by CITY, as defined above, and direct program operation shall be under CITY's direction. It is understood that operation of individual programs on school grounds shall be supervised by recreation supervisors responsible to CITY. Use of school vehicles for the purpose of transporting recreational program participants on approved trips and excursions shall be governed by DISTRICTS' policies and final decisions as to the recreational use of said vehicles shall be at the discretion of DISTRICTS' superintendents. 7. TERMS AND OPTION TO TERMINATE The term of this Agreement shall commence July 1, 1984, and shall continue in effect until terminated by CITY, upon sixty (60) days ' written notice to each party at the address shown herein. Any DISTRICT may terminate the agreement, as to itself, upon sixty (60) days written notice to each of the parties to this agreement, at the address shown herein. 5. B. INDEMNIFICATION, DEFENSE, HOLD HARMLESS a. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this agreement. Pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) , occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities. described in this Agreement. b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any DISTRICT under or in connection with any activities described in this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 any DISTRICT shall fully defend, indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 819.8) , occurring by reason of anything done or omitted to be done by any DISTRICT under or in connection with any activities described in this agreement. 9. AMENDMENTS This agreement may be amended from time to time by mutual agreement in writing of the parties hereto. 6. 1 A 10. NOTICES Any notices pursuant to this Agreement shall be deemed delivered, if in writing, deposited in the United States Postal Service with postage prepaid and addressed to each party as follows: CITY; CITY OF HUNTINGTON BEACH Attn: Director, Community Services 2000 ruin Street Huntington Beach, CA 92648 DISTRICTS: OCEAN VIEW SCHOOL DISTRICT 19940 "B" Street Huntington Beach, CA 92647 FOUNTAIN VALLEY SCHOOL DISTRICT 17210 Oak Street Fountain Valley, CA 92708 HUNTINGTON BEACH CITY SCHOOL DISTRICT 20451 Craimer Huntington Beach, CA 92646 REST OF PAGE NOT USED 7. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on the day, month and year first above written. CITY OF HUNTINGTON BEACH By f'�'ffy,_ Mayor ATTEST: APPROVED AS TO FORM: city Clerk / 4s City t rney APPROVED AS TO CONTENT: INITIATED AND AP ROVED: -- City- Administ for Director, Community Services OCEAN VIEW SCHOOL DISTRICT: FOUNTAIN VALLEY SCHOOL DISTRICT: BYE BY BY HUNTINGTON BEACH CITY SCHOOL DISTRICT: By s. �-^r i"t U f• - F))il�re hh 1oE ;" tj - 10C11-Y CLERK JOINT DEVELOPMENT CIRCLE VIEW SC f COMMUNITY RECREATION AGREEMENT I 1 THIS AGREEMENT, hereinafter called Cornunity Recreation Agreement, between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY" and the OCEAN VIEW SCHOOL DISTRICT, hereinafter called "DISTRICT"; W I T N E S S E T H WHEREAS, DISTRICT owns the property known as the Circle View School Site located at 6261 Hooker Street, in the City of Huntington Beach on which an elementary school is located, and CITY desires to use and develop a portion of the afore- said property as a neighborhood park, and It is in the best interests of CITY and DISTRICT that an agreement be entered into for the use of a portion of said Circle View school property for park and recreational purposes as hereinafter set fo::h; NOW, THEREFORE, CITY and DISTRICT agree as follows: 1. That subject to conditions set forth, CITY is hereby granted the right to use the hereinafter described portion of Circle View school property for park and recreational purposes. The said portion of property of Circle View school is as set forth on the map attached hereto, marked Exhibit "A" and by this reference made a part hereof. 2. .This agreement shall be for a period of fifteen (15) years, commencing on the date this document is fully executed by all parties. At the end of fifteen (15) years, by mutual agreement, this agreenent may be extended. 3. CITY shall not be required to pay any fees or other charges for its use of the site. The consideration to DISTRICT shall be the construction, operation and maintenance of facil- ities and the providing by CITY of recreational services to the citizens of CITY and DISTRICT. 4. CITY and DISTRICT shall work jointly in the planning* of the park facility and programs to insure that the property ' 1. and recreation program used are developed to the best interest of both parties. 5. CITY agrees, prior to the construction of proposed facilities, which includes a portion of DISTRICT'S site,.to consult with DISTRICT on all construction schedules. Construc- tion shall begin at a time when funds become available and actual construction will not interfere with the educational processes of DISTRICT. CITY agrees to pay all costs of con- struction and development of the portion of the site to be used for park purposes. CITY agrees to consult with DISTRICT as to the type and spe=ifications of equipment and facilities to be constructed on said site. Any buildings constructed by CITY shall meet all standards required by the Education Code. Their location and design is subject to approval by DISTRICT. 6. CITY shall have the responsibility for the efficient operation of a jointly-approved park program. The park and facilities shall be open on equal terms to all residents of CITY and DISTRICT. Use of the facilities by DISTRICT shall be without fee, and any operating expenses will be borne by CITY. T. CITY agrees that it will maintain at its cost, the designated park site in an attractive manner as approved by DISTRICT, and will use all approved methods necessary to achieve and maintain said park site so as to be an asset to the neighbor- hood. That portion of all utilities used by CITY shall be paid by CITY. DISTRICT agrees to furnish the park area with drinking and irrigation water. 8. CITY shall name DISTRICT as co-insured in its liability policy and shall save and hold DISTRICT harmless from any or all claims or causes of action for injury to persons, including death, or damage to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other improvements installed or constructed by CITY, on property owned by DISTRICT, or a failure to maintain said equipment and improve- ments installed or constructed by CITY in a safe condition or which might arise frcm activities supervised by employees of CITY 2. or DISTRICT. Initially, this liability policy shall be not less than One Million Dollars ($1,000,000). The adequacy of this amount shall be reviewed every five (5) years. DISTRICT shall save and hold CITY harmless from any or all claims or causes of action for injury to persons, including death, or damage to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other improvements installed or constructed by DISTRICT on property owned by DISTRICT, or a failure to maintain said equipment and improvements installed or constructed by DISTRICT in a safe condition or which might arise from activities supervised by employees of CITY or DISTRICT. g. This Community Recreation Agreement may be terminated by either party at any time and for any reason upon 280 days written notice to the other, termination to be effective June 30 of a fiscal year. If DISTRICT desires to exercise its right to terminate this agreement, DISTRICT shall reimburse CITY for the improvements placed on the site by CITY in an amount equal to the depreciated value of said improvements as of the date the cancellation is to be effective. In the event the parties cannot agree upon the depreciated value of the improvements, such value will be determined by an indepen- dent appraiser appointed by and satisfactory to DISTRICT and CITY. The expense of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon said appraiser, the presiding judge of the Superior Court for the State of California, County of Orange, shall appoint the appraiser. In the event CITY chooses to exercise its right to terminate this agreement, all improvements placed on the site shall become the property of DISTRICT without the necessity of formal documentation of transfer. Should DISTRICT not want such improvements, CITY shall remove said improvements within six (6) months or less and return the site to its original condition insofar as possible. Cpon any cancellation of this agreement, 3• CITY shall remove all personal property belonging to CITY. CITY'S liability insurance shall be written to cover any can- cellation period until buildings are recroved or title is re- ceived by DISTRICT. 10. All structures constructed on the site and all personal property placed or installed thereon by CITY and owned by CITY shall remain the property of CITY. At the termination of this agreement, CITY shall remove from the site, all structures and personal property belonging to CITY and shall return the site to its original condition insofar as possible unless DISTRICT indicates its desire, within thirty (30) days after such termination, to assume title to such improvements, in which Case title thereto shall vest in DISTRICT without the necessity of formal documentation of transfer. 11. DISTRICT reserves the right to establish the hours of use in case a conflict arises between the community recre- ation program and the educational program of DISTRICT. 12. If the site or improvements thereon are destroyed by fire, war, earthquake, flood, storm or other casualty beyond the control of the parties hereto to such an extent that they cannot be restored to their previous condition within 120 days after the casualty, CITY shall have the option to restore the site and improvements thereon to their condition as of the date of the casualty. In the event CITY does not elect to perform such restoration, this agreement shall terminate and CITY shall remove all Improvements and personal property from the site and return the site to its original condition, unless otherwise mutually agreed. If the site and improvements are destroyed by any of the causes en- umerated above and in the event they can be restored within 120 days after the casualty, CITY shall restore them as soon as feasible and the agreement shall continue in full force and effect. 4. IN WITNESS WHEREOF, CITY, by order of its City Council, has caused this Community Recreation Agreement to he executed on its behalf by the Mayor of said City Council and attested by the Clerk thereof, and DISTRICT has caused this Community Recreation Agreement to be executed by its Board of Trustees. DATED this f1 day of 1970• CITY OF UNTINGTON BEACH, a municipal corporation l By VY yor , ATTEST: city,5zerk APPROVED AS TO FORM: ' City Attorney i . �. )ATE) this I/L 0 12y �f 2 �, 197 � OCEA14 VIEW SCHOOL DISTRICT By P s t, oard of Tr tees l By r Boa of r t es i APPROVED AS TO FOF4: �I County Counsel f 0 I �y i 5. 1� J01 tr DZUWPHENT - CO??MITY RECRLATIOj7 AGREERE47 THIS ACRM%XTr, hereinafter called Joint Development - Co=unity 2 Recreation Agreement, between the CITY OF Nuntlnrton Beach, C+lifornis 3 a municipal corporation, hereinafter called "CITY" and the Ocean View 4 school District, hereinafter called the "DISTRICT", 5 WITNESSETfH .6 MERE DISTRICT owns the property known as the Glen View School 7 located at 6621 Glen Drive 8 in the City of HuntingtonBeach 9 California , on which an elementary school is located, • 10 and 11 CITY desires to use and develop a portion of the aforesaid property 12 as a neighborhood park, and • 13 It•is in the best interests of CITY and DISTRICT that an agreement be 14 entered into for the use of a portion of said Glen View School 15 property for park and recreational purposes as hereinafter set forth, ` 16 NOW, TIMREtORE, CITY and DISTRICT agree as follows: 17 1: That subject to conditions set forth, CITY is hereby granted the 18 right to use the hereinafter described portion of Glen View School 19 School property for park and recreational 'purposes. The said portion of pro- Y0 perty of Clen View School is as set forth on the map attached 21 hereto, marked Exhibit "All and try this reference made a part hereof, • T 22 2. This agreement shall be for a period of fifteen (15) years, 23 commencing on the date thia document is fully executed by all parties., At the 24 and of fifteen (15) years, by mutual agreement, this agreement may be extended. 25 3. CITY shall not be required to pay any fees or other charges for 26 its use of the site. The consideration to-DISTRICT shall be the construction, 27 operation and maintenance of facilities and the,providing by CITY of recrea- 28 tional services to the citizens of CITY JWD DISTRICT. 29 4. CITY and DISTRICT shall work jointly in the planning of the park 30 facility and progrmas to insure that the property and recreation pro,*,rnm used 31 are devclopLd to the best interest of both parties. 32 1. CITY avrces,•prior to the construction of proposed facilities, 1 which;includes a portion of DISTRICT'S site, to consult with DISTRICT on all 2 construction schedules. Construction shall begin at a time v4en funds become 3 available and actual construction will not interfere with the educational pro.- 4 ceases of DISTRICT. CITY agrees to pay all costs of construction and develop- 5 ment of the portion of the site to be used for park purposes, and to repair-arty •6 damage to DISTRICT'S sprinkler system, playground equipment andjor other . 7 district facilities or equipment; caused by reason of CITY developing site. 8 CITY agrees to consult with DISTRICT as to the type and specifications of 9 equipment and facilities to be constructed on said site. Any buildings con- 10 strutted by CITY shall meet all standards required by the Education Code, 11 Their location and design is subject to approval by DISTRICT. 12 6. City shall have the responsibilityfor the efficient operation 13 of a jointly-approved park program., the park and facilities shall be open on 14 equal terms to all residents of CITY and DISTRICT. Use of the facilities by 15 DISTRICr shall be without fee, and any operating expenses will be borne by CITY 16 7. CITY agrees that it will maintain at its coat, the designated 17 park site in an attractive manner as.approved by DISTRICT, and will use all IS approved methods necessary to achieve and maintain said park site so as to be 19 an asset to the neighborhood. That portion of all utilities used by CITY shall 20 The paid by CITY. 21 1 8. CITY shall name DISTRICT as coinsured in its liability policy 22 and shall save and hold DISTRICT harmless from any or all claims or causes of 23 action for injury to persons, including death, or damage to property resulting 24 from or which may arise by reason of any dangerous or defective condition of 25 equipment or other improvements installed or constructed by CITY, on property 26 owned by DISTRICT, or a failure to maintain said equipment and improvements 27 installed or constructed by CITY in a safe condition or which might arise from 28 activities supervised by employees of CITY OR DISTRICT. Initially, this 29 liability policy shall be not'leas than One Million Dollars ($1,000,000.00). 30 ?he adequacy of this anount shall be reviewed every five (5) years. DISTRICT 31 shall save and held CITY harmless from any or all claims or causes of action fo 32 injury to persons, including death, or damage to property resulting from or I which may arise by reason of any dangerous or defective condition of equipment 2 or other improvements,installed or constructed by DISTRICT on property owned by 3 DISTRICT, or a failure to maintain said equipment and improvements installed or 4 constructed by DISTRICT in a safc'condition or which might arise from activi- 5 ties supervised by employees of CITY or DISTRICT. •6 9. This Joint Development - Community Recreation Agreement may be 7 terminated by either party at any time and for any reason upon 180 days' 8 written notice to the other, termination to be effective June 30 of a fiscal 9 year. If DISTRICT desires to exercise its right to terminate this agreement, 10 DISTRICT shall reimburse CITY for,the improvements placed on the site by CITY 11 In an amount equal to the depreciated value of said improvements as of the date 12 the cancellation is to be effective. In the event the parties cannot agree 13 upon the depreciated value of the improvements, such value will be determined 14 by an independent appraiser appointed by, and satisfactory to, DISTRICT and 15 CITY.. The expense of such appraisal shall be borne equally by both parties. 16 In the event the parties shall not agree upon said appraiser, the presiding 17 ,judge of the Superior Court for the State of California, County of Orange, 78 shall appoint the appraiser. 19 In the event CITY chooses to exercise its right to terminate this Y4 agreement, all improvements placed on the site shall become the property of 21 DISTRICT without the necessity of formal documentation of transfer. Should 22 DISTRICT not want such improvements, CITY shall remove said improvements within 23 six (6) months or less and return the site to its original condition insofar as 24 possible. Upon any cancellation of this agreement. M"t shall remove all .25 personal property belonging to CITY. CITY'S liability insurance shall be 26 written to cover any cancellation period until buildings era removed or title 27 is, received by DISTRICT. 23 10.. All structures constructed on the site and all personal property 29 placed or installed thereon b7 CITY and owned by CITY shall remain the property 30 of CITY. At the termination of this agreement, CITY shall remove from the site 31 all structures and personal property belonging to CITY and shall return the 32 site to its original ccndition insofar as possible unless DISTRICT indicates I its desire, within thirty days after such termination, to assume title to such • 2 improvements, in which case title thereto shall vest in DISTRICT without the- 3 necessity of formal documentation of transfer. 4 11. DISTRICT reserves the right to establish the hours of use in 5 case a conflict arises between the community recreation program and the educa- 6 tional program of DISTRICT. 7 12. If the site or improvements thereon are destroyed by fire, war, 8 earthquake, flood, storm or other casualty beyond the control of the parties 9 hereto to such as extent that they cannot be restored to their previous 10 condition within 120 days after the casualty, CITY shall have the option to 11 restore the site and improvements thereon to their condition as of the date of 12 the casualty. IA the event CITY.daes not elect to perform such restoration, 13 this agreement shall terminate and CrTY shall remove all improvements aad • - i 14 personal property from the site and return the site to its original condition, 15 unless,otherwiae mutually agreed. If the site and improvements are destroyed ; 16 by any of the causes enumerated above and in the event they can be restored 11 within 120 days after the casualty, CITY shall restore them as soon as feasible t 18 and the agreement shall continue in full force and effect. 3 .19 IN WITNESS WEEREOF. CITY, by order of its City Council, has caused ' I 20 this Joint-Development - Community. Recreation Agreement to be executed on its 21 ' • 22 23 24 25 26 27 28 29 30 31 32 -4- i r I behalf by the Mayor of said City Council and attested by the Clerk thereof, an 2 DISTRICT has caused this Joint Development - Cc unity Recreation Agreement to 3 be executed by Its Board of Education. 4 DATED this - � day of 1972. CITY OF CITY 0i HU',1T1?*T0.,1 a municipal corporation _ 7 By Mayor 8 jT�TES�T: �. City.—"k 11 • 12 APPROVED AS TO FOIE 13 City Attorney 14 15 DATED this 7th day of February , 1972. Ib OCEAN VIEW SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA 17 / 18 Pr% i o , Boar Uu ation, 19 20 By +u t.- Clt Bordof Eaa 21 22 APPROVED AS TO FOR.14: 23 County Counsel 24 25 S26 To DXTO N' 27 Ppcl`T1 l COv`1}/� 28 O G A,�rl'+ . V5 3O 29 i 1 31 ti+ 32 �s Page 214 1-n �• t' — tl tj � A 1 � 1 e it '�-". . .� '•i ,i �.y h 1 \ ti tt1 \ 14� t v 1 , 1 Y ' + i a �o 1 i t i t� c f� JOINT DEVELOMEb'T - COYyiUNITY RECREATION ACREE`i:NT f + 1 THIS AGREDENT, hereinafter called Joint Development - Cor.:aunity y� w 2 Recreation Agreement, between the CITY OF Runt in rton Beach. California 3 a municipal corporation, hereinafter called "CITY" and the ocean View 4 School Distrfet, hereinafter called the "DISTRICT", 5 W ITNF. SSBTIt •6 WHEREAS, DISTRICT owns the property known as the Haven Viev 7 School located at 16081 Waikiki tone g in the City of Huntington Beach g California on which an elementary school is located, 30 and 11 CITY desires to use and develop a portion 'of the aforesaid property 12 as a neighborhood park, and 13 It is in the best interests of CITY and DISTRICT that an agreement b• 14 entered into for the use of a portion of said Haven View School 15 property for park and recreational purposes as hereinafter set forth; 16 Tti'ON, THEREFORE, CITY and DISTRICT agree as follows: 17 1. That subject to conditions set forth. CM is hereby granted th la right to use the hereinafter described portion of haven Viev 19 school property for park and recreational purposes. The said portion of pro- 20 party of haven View School is as set forth on the map attached 21 hereto, marked txhibit "A" and by this reference made apart hereof. 22 2. This agreement shall be for a period of fifteen (15) years, 23 Commencing on the date this document is fully executed by all parties.. At the 24 end of fifteen (15) years, by mutual agreement, this agreement may be extended. •25 3. CITY shall not bs required to pay any fees or other charges for 26 its use of tite site. The consideration to-DisTRICT shall be the construction; 27 operation and maintenance of facilities and the providing by CITY of recrea- 28 tional services to the citizens of CITY AND DISTRICT. 29 4. - CITY and DISTRICT shall Work jointly in the planning of the par 30 facility and pro,-,rams to insure that the property and recreation program used 31 are developed to tl+c best intercat of both parties. 32 s. C11•Y arrers, prior to the. construction of proposed hcilitics, 1 Whirh includes a portion of DISTRICT'S site, to consult with DISTRICT on all 2 construction schedules. Construction shall begin at a time When funds become • 3 available and actual construction Will not interfere.with the educational pro- 4 cesses of DISTRICT. CITY agrees to pay all coats of construction and develop- 5 ment of the portion of the site to be used for park purposes, and to repair an) •6 damage to DISTRICT'S sprinkler system, playground equipment and/or other 7 district facilities or equipment, caused by reason of CITY developing site. .8 CITY agrees to consult with DISTRICT as to the type and specifications of 9 equipment and facilities to be constructed on said site. Any buildings con 10 structed by CITY shall meet ell standards required by the Education Code. 11 Their location ind design is subject to approval by DISTRICT. 12 6. City shall have the responsibility for the efficient operation 11 lof a jointly-approved park program. The park and facilities shall be open on 14 equal terms to all residents of CM and DISTRICT. Use of the facilities by 15 DISTRICT shall be without fee, and any operating expenses will be borne by CITY, 16 7. CITY agrees that it will maintain at its cost, the designated 17 park site in an attractive manner as.approved by DISTRICT. and will use all I8 approved methods necessary to achieve and maintain said park site so as to be 19 an asset to the neighborhood. That portion of all utilities used by CITY shall 20 be paid by CITY, 21 8. CITY shall name DI$TRIC; as coinsured in its liability policy 22 land shall save and hold DISTRICT harmless from any or all claims or causes of 23 action for injury to persons, Including death. or damage to.property resulting 24 from or which may arise by reason of any dangerous or defective condition of .25 equipment or other improvements installed or constructed by CITY, on property 26 owned by DISTRICT, or a failure to maintain said equipment and improvements 27 installed or constructed by CITY In a-safe condition or which might arise from 28 activities supervised by employees of.CITY OR DISTRICT. Initially, this 29 liability poiic., shall be not'less than One Million Dollars ($1.000,000.00). 30 The adequacy of this amount shall be'revieved every five (5) years. DISTRICT 31 shall save and hold CrZY harmless from any or all claims or causes of action fo 32 injury to persons, including death, or d=age to property resulting from or I which-may arise by reason of any dangerous or detective condition of equipment 2 or other improvements installed or constructed by DISTRICT on property owned b. 3 DISTRICT, or a failure to maintain said equipment and improvements installed or 4 constructed by DISTRICT in a safe condition or vhith might arise from activi- 5 ties supervised by employees of CITY or DISTRICT. 6 9. This Joint Development - Community Recreation Agreement may be 7 terminated by either party at any time and for any reason upon 180 days' 8 written notice to the other, termination to be effective June 30 of a fiscal 9 year. If DISTRICT desires to exercise its right to terminate this agreement, 10 DISTRICT shall reimburse CITY for the improvements placed on the site by CITY 11 in an amount equal to the depreciated value of said improvements as of the date 12 the cancellation is to be effective. In the event the parties cannot agree 13 upon the depreciated value of the improvements, such value will be determined 14 by an independent appraiser appointed by, and satisfactory to, DISTRICT and 15 CITY. The expense of such appraisal shall be borne equally by both parties. 16 In the event the parties shall not agree upon said appraiser, the presiding 17 judge of the Superior Court for the State of California, County of Orange, 18 shall appoint the appraiser. 19 In the.event CITY chooses to exercise its right to terminate this 20 agreement, all improvements placed on the site shall become the property of 21 DISTRICT without the necessity of•formal documentation of transfer. Should 22 DISTRICT not want such improvements, CITY shall remove saidimprovements within 23 six (6) months or less and return the site to its original condition -insofar as 24 possible. Upon any cancellation of this agreement, CITY shall remove ell 25 personal property belonging to CITY. CITY'S liability insurance shalt be 26 written to cover any cancellation period until buildings are removed or title 27 is received by. DISTRICT. 23 10. All structures constructed on the nice and all personal property 29 placed or installed thereon b� CITY and owned by CITY shall remain the property g0 of CITY. At the termination of.this' agreements. CITY shall remove from the sitel 31 all structures and personal property belonging to CITY and shall return the 32 site to its original conditiou insofar as possible unless DISTRICT indicates 3- I its desire, within thirty days after such termination, to assure title to suet 2 Improvements, in which case title thereto shall vest in DISTRICT without the 3 necessity of formal documentation of transfer. 4 11. DISTRICT reserves the right to establish the hours of use in 5 case a conflict arises betveen the co=unity recreation prograA and the edZca- G tional program of DISTRICT. 7 12, If the site or improvements thereon are destroyed by fire, var. 8 earthquake, flood, storm or other casualty beyond the control of the parties 9 hereto to such an extent that they cannot be restored to their-previous 10 condition within 120 days after the casualty, CITY shall have the option to 11 restore the site and improvements thereon to their condition as of the date of 12 the casualty, In the event CITY does not elect to perform such restoration, 13 this agreement shall terminate and CITY shall remove all improvements and 14 personal property from the site and return the site to its original condition, 15 unless otherwise mutually agreed. If the site and improvements are destroyed i 16 by'any of the causes enumerated above and in the event they can be restored 17 within 120 days after the casualty, CITY shall restore then as soon as feasible 18 and the agreement shall continue in full force and effect. 19 IN WMESS 16MERMF, CITY, by order of its City Council, has caused 20 this Joint Development - Community Recreation Agreement to be executed on its 21 22 23 24 26 27 28 30 31 32 r Jk All ' p a�l , . IE ° y+••+.n+..�.•... .S�a. ,,. {t -.�..�+r.:y`s.a.w�w::.��{j i. � R��11 �# ' r.• 1. .. ..ir. l°� t 4�° 1 behalf by the Mayor of said City Council and attdsted by the Clerk thereof, and 2 DISTRICT has caused this Joint Development - Community Recreation Agreement to 3 be executed by its Board of Education 4 DATED this day o , 1972 5 CITY OF CITY OF HUNTINGTON BEACH , a municipal corporation 6 7 By 12 Mayor 8 A T City 64A 10 11 12 APPROVED AS TO FORE! 13 City Attorney 14 15 DATED this 7th day of February 1972 v 16 OCEAN VIEW SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA 17 18 B , ;rk, oa d o E c tion 19 i J 1 20 B 21 r of Educat on 22 APPROVED AS TO FORM 23 County Counsel 24 25 X0 26 27 28 29 � 30 J 31 32 -5- h� tor ED tjg V, ,CM URN TC Ci `l CLERK JOINT DEVELOPMENT - LAKE VIEW SCHOOL C0MNITY RECREATION AGREEMENT THIS AGREEMENT, hereinafter called Community Recreation Agreement, between the CITY OF HUNTINGTO14 BEACH, a municipal corporation, hereinafter called "CITY and the OCEAN VIEW SCHOOL DISTRICT, hereinafter called "DISTRICT"; W I T N E S S E T H WHEREAS, DISTRICT owns the property known as the Lake View School Site located at 17451 Zeider Lane, in the City of Hunting- ton Beach on which an elementary school is located, and CITY desires to use and develop a portion of the aforesaid property as a neighborhood park, and It is in the best interests of CITY and DISTRICT that an agreement be entered into for the use of a portion of said Lake View School property for park and recreational purposes as here- inafter set forth; NOW, THEREFORE, CITY and DISTRICT agree as follows: 1. That subject to conditions set forth, CITY is hereby granted the right to use the hereinafter described portion of Lake View School property for park and recreational purposes. The said portion of property of Lake View School is as set forth on the map attached hereto, marked Exhibit "A" and by this refer- ence made a part hereof. 2. This agreement shall be for a period of fifteen (15) years, commencing on the date this document is fully executed by all parties. At the end of fifteen (15) years, by mutual agree- ment, this agreement may be extended. 3. CITY shall not be required to pay any fees or other charges for its use of the site. The consideration to DISTRICT shall be the construction, operation and maintenance of facil- ities and the providing by CITY of recreational services to the citizens of CITY and DISTRICT. 4. CITY and DISTRICT shall work jointly in the planning ' . 1. of the park facility and programs to insure that the property and recreation program used are developed to the best interest of both partles. 5. CITY agrees, prior to the construction of proposed facilities, which includes a portion of DISTRICT'S site, to con- salt with DISTRICT on all construction schedules. Construction shall begin at a time when funds become available and actual con- struction will not interfere with the educational processes of DISTRICT. CITY agrees to pay all costs of construction and develop- went of the portion of the site to be used for park purposes. CITY agrees to consult with DISTRICT as to the type and specifications of equipment and facilities to be constructed on said site. Any buildings constructed by CITY shall meet all standards required by the Education Code. Their location and design is subject to ap- proval by DISTRICT. 6. CITY shall have the responsibility for the efficient operation of a jointly-approved park program. The paric and facil- ities shall be open on equal terms to all residents of CITY and DISTRICT. Use of the facilities by DISTRICT shall be without fee, and any operating expenzes will be borne by•CITY. 7. CITY agrees that it will maintain at its cost, the designated park site in an attractive manner as approved by DISTRICT, and will use all approved methods necessary to achieve and maintain said park site so as to be an asset to the neighborhood. That portion of all utilities used by CITY shall be paid by CITY. DISTRICT agrees to furnish the park area with drinking and irrig- ation water. 8. CITY shall nacre DISTRICT as coinsured in its liability policy and shall save and hold DISTRICT harmless from any or all claims or causes of action for injury to persons, including death, or damage to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other improvements installed cr constructed by CITY, on property owned by DISTRICT, or a failure to maintain said equipment and improve- ments Installed or constructed by CITY in a safe condition or which might arise from activities supervised by employees of CITY Z. or DISTRICT. Initially, this liability policy shall be not less than One Million Dollars ($1,000,000). The adequacy of this amount shall be reviewed every five (5) years. DISTRICT shall save and hold CITY harmless from any or all claiss or causes of action for injury to persons, including death, or damage to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other Improvements installed or constructed by DISTRICT on property owned by DISTRICT, or a failure to maintain said equipment and improvements installed or constructed by DISTRICT in a safe condition or which might arise from activities supervised by employees of CITY or DISTRICT. 9. This Community Recreation Agreement may be terminated by either party at any time and for any reason upon 180 days written notice to the other, termination to be effective June 30 of a fiscal year. If DISTRICT desires to exercise Its right to terminate this agreement, DISTRICT shall reimburse CITY for the improvements placed on the site by CITY in an amount equal to the depreciated value of said Improvements as of the date the cancellation is to be effective. In the event the parties cannot agree upon the depreciated value of the improvements, such value will be determined by an indepen— dent appraiser appointed by and satisfactory to DISTRICT and CITY. The expense of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon said appraiser, the presiding judge of the Superior Court for the State of California, County of Orange, shall appoint the appraiser. In the event CITY chooses to exercise its right to terminate this agreement, all improvements placed on the site shall become the property of DISTRICT without the necessity of formal documentation of transfer. Should DISTRICT not want such improvements,.CITY shall remove said improvements within six (6) months or less and return the site to its original condition Insofar as possible. Upon any cancellation of this agreement, 3. CITY shall remove all personal property belonging to CITY. CITY'S liability insurance shall be written to cover any can- cellation period until buildings are removed or title is re- ceived by DISTRICT. 10. All structures constructed on the site and all personal property placed or installed thereon by CITY and owned by CITY shall remain the property of CITY. At the termination of this agreement, CITY shall remove from the site, all structures and personal property belonging to CITY and shall return the site to its original condition insofar as possible unless DISTRICT indicates its desire, within thirty (30) days after such termination, to assume title to such improvements, in which case title thereto shall vest in DISTRICT without the necessity of formal documentation of transfer. 11. DISTRICT reserves the right to establish the hours of use in case a conflict arises between the community recre- ation program and the educational program of DISTRICT. 12. If the site or improvements thereon are destroyed by fire, war, earthquake, flood, storm or other casualty beyond the control of the parties hereto to such an extent that they cannot be restored to their previous condition within 120 days after the casualty, CITY shall have the option to restore the site and improvements thereon to their condition as or the date of the casualty. In the event CITY does not elect to perform such restoration, this agreement shall terminate and CITY shall remove all improvements and personal property from the site and return the site to its original condition, unless otherwise mutually agreed. If the site and improvements a=e destroyed by any of the causes en- tmerated above and in the event they can be restored within 120 days after the casualty, CITY shall restore them as soon as feasible and the agreement shall continue in full force and effect. A. IN WITNESS WHEREOF, CITY, by order of its City Council, has caused this Community Recreation Agreement to be executed on its behalf by the Mayor of said City Council and attested by the Clerk thereof, and DISTRICT has caused this Community Recreation Agreement to be executed by its Board of Trustees. DATED this 23- day of , 1970. CITY OF HUNTINGTON BEACH, a municipal corporation By Mayor ATTEST: City lerk APPROVED'AS'TO•F0'?M. City Attorn DATED this�1 day of 1970. OCEAN VIEW SCHOOL DISTRICT By re e , Board of stees By L , er B r Af APPROVED AS TO FORM: County Counsel 5. SUPPLEMENTAL Esparta, Patty COMMUNICATION From: Surf City Pipeline [noreply@user.govoutreach.com] M®e*V Date: 77 Sent: Monday, July 15, 2013 9:48 AM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (noti nem No•..�..... Request# 14995 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Christina Oja Description: Dear Council Member Shaw, Golden West College, along with our sister colleges, Coastline Community College and Orange Coast College, and the Coast Community College District Board of Trustees, has had a wonderful and supportive relationship with Huntington Beach for many years. Our common purpose and mission is to increase the quality of life of our shared constituents—both residents and visitors. We celebrate this relationship and work hard to foster its growth and development. We know that when we work well together, everyone we serve receives better service. One of the ways we help to improve services to our shared constituents is through coordinated planning, particularly where we have mutual interests. That's why the College has participated with the City on matters of zoning, in supporting numerous City events, explored potential joint ventures and participated in a number of your commissions. Perhaps our longest standing commission membership has been our appointed seat on the Community Services Commission, where Albert Gasparian has been an active participant for many years, on behalf of the Coast Community College District and as a resident of the City of Huntington Beach. When it came to my attention that the proposal to restructure the committee included removing the Coast Community College District seat, I was both puzzled and disappointed. Golden West College, as well as the other colleges in the Coast Community College District, is one of your City's most significant higher education resources. The District brings significant added value to the residents of this City and has had an important voice on this particular Commission. The primary purpose of the Community Services Commission is: The Commission cooperates with other governmental agencies and civic groups in the advancement of sound parks and recreational planning under the direction of the City Council. Commissioners study, report and interpret the needs of the public to the City Council, including conducting public meetings to garner community input on projects and facilities. The commission reviews the annual Capital Improvement Projects budget as presented to the City Council and advises them on the current needs and long-range plans. I believe the City, the College, the Coast Community College District, the Commission and, ultimately, the Huntington Beach City Council is well served by our participation. I 1 urge you to retain the commission seat that the Coast Community College District has held for many years. We have been positive partners, often helping to advance important initiatives.and, at times, helping to avert problems. To my knowledge, no information has been advanced for removing our District, while keeping others. I see no benefit in removing one of the agencies the Commission was set up to cooperate with. I have attached a copy of the letter by Commissioner Albert Gasparian, who is the Dean of Health, Kinesiology and Athletics at Golden West College. He holds the position designated for the Coast Community College District. I urge you to retain the Commission seat for the Coast Community College District. I believe it is in everyone's best interest to do so. Thank you for your considering this request. Sincerely, Wes Bryan, President Christina Oj a Executive Assistant to the President Golden West College 15744 Golden West Street Huntington Beach, CA 92647-2748 (714) 895-8101 - Voice (714) 895-8929 - FAX Golden West College's mission is to create an intellectually and culturally stimulating learning environment for students and the community. Our students improve their basic skills, develop and enhance career opportunities, and/or prepare for transfer to a four- year institution as they become productive citizens and lifelong learners. Expected Close Date: 07/16/2013 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 2