HomeMy WebLinkAboutHUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - 1997-06-02a
Council/Agency Meeting Held: 117 7
Deferred/Continued to:
oe
Approved ,_[,],Conditionally Approved ❑ Denied
City CI s gna re
Council Meeting Date: June 2, 1997
Department ID Number: CS 97-034
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY:
MICHAEL UBERUAGA, City Administrat
PREPARED BY:
RON HAGAN, Director, Community Service
SUBJECT:
AGREEMENT WITH HBUHS DISTRICT FOR SCHOOL FIELD LIGHTING
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments}
Statement of Issue: City and Huntington Beach Union High School District staff have
prepared a facility use agreement that would allow youth sports organizations to light certain
high school sports fields.
Fundinq Source: No funds have been determined at this time.
Recommended Action: Approve the agreement with the Huntington Beach Union High
School District for development of field lighting improvements on certain portions of district
property, and direct the Mayor and City Clerk to execute same.
Alternative Action(s): Do not approve the agreement with the HBUHSD allowing lighting
of high school sports fields.
Analysis: City and district staff along with the various youth sports organizations utilizing
school facilities have been working together to address future needs of youth sports
programming. One way in which the sports field needs can be met is to provide lights for
currently unlighted athletic fields on various high school sites within the HBUHS District.
The attached agreement does nothing more than provide a vehicle for the city and the
district to light athletic fields at the various high school sites if funding becomes available
either through grants or by fund-raisers put on by the youth sports groups. The agreement
sets the parameters for approving the lighting of specific facilities, paying for additional
maintenance and electrical costs, and delegating responsibility for the standard issues of
insurance, hold harmless, etc_
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This agreement is needed in order to allow the city and the district to apply for grants and for
various youth groups such as AYSO, Pop Warner Football, Pony Colt Baseball, etc. to raise
funds for lighting of high school fields. The general concept is that when high school
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tQUEST FOR COUNCIL ACT�N
MEETING DATE: June 2, 1997
DEPARTMENT ID NUMBER: CS 97-034
programs are using the fields, the district will pay all associated costs. When community
youth groups are using the fields, the groups will pay for all associated costs, except that the
district will provide normal, base level of maintenance.
This agreement in itself does not provide funding or the designation of specific athletic fields
to be lit. It simply establishes a method by which the city and the district could accomplish
lighting of fields if resources become available.
Environmental Status: CEQA and/or a negative declaration EIR will be handled on a case
by case basis should resources become available to light a school field.
Attachment[s]:
Agreement (4 copies)
DocumenD
AUTHOR:
-2-
05121/97 12:53 PM
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT FOR DEVELOPMENT OF
IMPROVEMENTS UPON CERTAIN PORTIONS OF DISTRICT PROPERTY
This Agreement is made and entered into this Q� day of , 1997, by
and between, the CITY OF HUNTINGTON BEACH, a California municipal corporation,
(hereinafter referred to as CITY), and the HUNTINGTON BEACH UNION HIGH SCHOOL
DISTRICT, (hereinafter referred to as DISTRICT).
WHEREAS, DISTRICT is a public school district operating high schools within the City
at Edison High School, 21400 Magnolia; Marina High School, 15871 Springdale; Huntington
Beach High School, 1905 Main Street; and Ocean View High School, 17071 Gothard,
Huntington Beach, California, hereinafter referred to as "Schools"; and
Education Code Section 10900, et seq. authorizes cities and school districts to organize,
promote and conduct programs of community recreation as will contribute to the attainment of
general educational and recreational objectives for children and adults in California and
authorizes the CITY and DISTRICT to contract with one another to establish, construct,
improve, operate and maintain recreational facilities and programs;
On March 18, 1996, the City Council of CITY approved the concept of proposed
improvements at Schools to meet the growing demand for youth and adult participation in the
community, and authorized the Community Services Department of CITY to facilitate the
construction and installation of athletic field lighting and other agreed upon improvements at
Schools; and
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On March 26, 1996, the Governing Board of the DISTRICT accepted a sales tax
revenue sharing agreement with the understanding that CITY and DISTRICT would develop an
agreement for the purpose of these improvements; and
CITY and DISTRICT desire to enter into an agreement for the use of DISTRICT athletic
fields and improvements to construct and install athletic field lighting and other agreed upon
improvements at schools for community recreational purposes which will not interfere with use
of DISTRICT buildings and facilities for public school purposes.
NOW, THEREFORE, it is agreed by and between CITY and DISTRICT as follows:
1. IMPROVEMENTS. Youth sports groups approved by CITY shall plan,
construct, install and bear cost to maintain all athletic field lighting and agreed upon
improvements at no cost to DISTRICT. DISTRICT shall insure that the youth sports groups
comply with all applicable laws, ordinances, rules, and regulations governing the construction
and/or installation of these improvements. DISTRICT hereby agrees to allow use of School's
athletic fields by youth sports groups for the construction and/or installation of athletic field
lighting and other agreed upon improvements upon the Schools' athletic fields. Said
improvements shall include athletic field lighting for soccer, football and other sports as mutually
agreed. The DISTRICT will own the improvements.
2. PUBLIC USE. DISTRICT agrees to cooperate with youth sports groups in
the construction and/or installation on the athletic fields at no cost to DISTRICT in exchange for
public use of the athletic fields.
3. MAINTENANCE. DISTRICT agrees to provide at no cost to CITY the same
level of maintenance for the upkeep of the athletic fields as was provided prior to the change in
use. CITY shall bear the direct costs associated with any additional maintenance caused by
any additional public use CITY authorizes. CITY shall collect fees and insure that the youth
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sports groups shall be responsible for any costs incurred by DISTRICT to maintain the athletic
fields lighting and other agreed upon improvements. CITY shall also collect from youth groups
and be responsible for all utilities associated with the non -school use of athletic fields.
DISTRICT shall keep accurate records of all costs described above and invoice CITY for only
those costs agreed to under the terms and conditions of this Agreement.
4. ATHLETIC FiEE_D I!SE. DISTRICT agrees to allow youth sports groups to
use at scheduled rates the lighted athletic fields evenings and weekends or as otherwise
mutually agreed to in writing, provided that such use is in accordance with established
DISTRICT rules and regulations and that it shall be scheduled so as not to interfere with
Schools' scheduled activities. Each year, CITY and DISTRICT shall mutually agree to a written
schedule of public use. Prior to the construction/installation of athletic field lights, both parties
agree to establish a baseline schedule for use of each Schools' site by youth sports groups.
DISTRICT has the right to insure that public use of the athletic fields does not interfere with the
use of the remaining portions of the Schools' premises for school and related purposes.
5. PLAN5 AND SEECIFICAIIONS. DISTRICT agrees to be responsible for
reviewing and approving, all plans, specifications, engineering drawings, cost estimates, bidding
procedures, and contract administration associated with said improvements. The user groups
will be responsible for obtaining approvals from the Division of the State Architect, if necessary.
The costs of preparation of plans and specifications, and any fees, will be the responsibility of
the youth sports group. The CITY, at its option, may choose to pay for these costs/fees.
However, if the youth sports groups and/or the CITY fail to pay, no improvements shall be
allowed to take place. It is hereby understood that DISTRICT reserves the right to review all
plans and specifications for said improvements prior to construction and/or installation.
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DISTRICT and CITY shall appoint a representative to act as liaison to the other for completion
of the improvements to the satisfaction of both parties.
6. &-GREEMEbIT CONSTRAINTS. It is hereby understood by both parties that
this Agreement and all terms and conditions contained herein are contingent upon the City
Council and the Huntington Beach Union High School District Board of Trustees, respectively,
securing necessary funds from youth sports groups for completion of all improvements.
7. TERM. DISTRICT will allow public use of the athletic fields by the CITY,
as set forth in the Agreement, for a period of ten (10) years commencing at the date of notice of
completion of improvements by the youth sports groups, unless either party gives the other
party sixty (60 ) days prior written notice of intent to terminate this Agreement. If at any time
the parties mutually agree to terminate this Agreement or abandon use of the athletic fields,
CITY shall at its sole expense restore the athletic fields to their original condition, if requested
by DISTRICT. This Agreement may be extended after the initial ten (10) year period year-to-
year upon written agreement of the parties.
8. CITY I TOLD HARMLESS. CITY hereby agrees to protect, defend, indemnify
and hold and save harmless DISTRICT, its Governing Board, officers, and employees against
any and all liability, claims, judgments, costs and demands, however caused, including those
resulting from death or injury to CITY employees and damage to CITY property, or death or
injury to anyone using the athletic field areas and improvements, arising directly or indirectly out
of the obligations or operations herein undertaken by CITY, including those arising from the
passive concurrent negligence of DISTRICT, but save and except those which arise out of the
active concurrent negligence, sole negligence, or the sole willful misconduct of DISTRICT.
CITY will conduct all defense at its sole cost and expense. DISTRICT shall be reimbursed by
CITY for all costs or attorney fees incurred by DISTRICT in enforcing this obligation.
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9. DISTRICT }-TOLD HARMLESS DISTRICT hereby agrees to protect, defend,
indemnify and hold and save harmless CITY, its officers, and employees against any and all
liability, claims, judgments, costs and demands, however caused, including those resulting from
death or injury to DISTRICT's employees and damage to DISTRICT's property, arising directly
or indirectly out of the obligations or operations herein undertaken by DISTRICT, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. DISTRICT will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by DISTRICT for all costs or attorney fees incurred by CITY in enforcing this
obligation.
10. O ICE . All notices given hereunder shall be effective when personally
delivered or if mailed, within forty-eight hours of the deposit of such notice in the US Mail,
prepaid, and certified with return receipt requested and addressed to DISTRICT or to CITY at
the respective addresses shown below:
'TO CITY:
Director of Community Services
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
TO DISTRICT:
Huntington Beach Union High School District
10251 Yorktown Avenue
Huntington Beach CA 92646
Attn: Asst. Superintendent, Business Services
11. ORN Y'S FEES, In the event suit is brought by either party to enforce the
terms and provisions of this agreement or to secure the performance hereof, each party shall
bear its own attorney's fees.
12. MODIFICATIONS This Agreement may be modified only by a written
amendment signed by CITY and DISTRICT.
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The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
HUNTINGTON BEACH UNION HIGH
SCHOOL DISTRICT
B
President, and of Trustees
By:
Superintendent
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
ve;' ?�! �__
City Clerk (o (v q-7
APPROVED AS TO FORM:
REV[ DAP OV City Attorney �.
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City Administrator INITI AIk APPROVED:
19
A
unity Services
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SECTIONAL DISTRICT MAP 18-6-10
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ORANGE COUNTY, CALIFORNIA
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ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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Fax Cover Sheet
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Recipient Connie Brockway
Organization City of Huntington Beach
Fax Number 714 374-1557
From:
Sender Chuck Beauregard
Organization Computer Professionals Unlimited
Phone Number 714-891-1244
Date Mon 2 ,Jun 1997 10:43:57
Pages 1, excluding cover sheet.
This facsimile was transmitted from an Apple LaserWriter Select 360 printer POSTSCRIPT
utilix;ng the Adobe PostScript interpreter and Adobe PostScript FAX capability.
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5942 Edinger Ave. • Suite 113-307 • Huntington Beach. Ca 92649 • 714-895-1008
"Dedicated to the 50.000.•oulh of Nrtnringlon Beach"
Board Slumbers: I June 2. 1997
Chack Beauregard
Chairman -
Aquatics Booster . Ms. Connie Brockway
City of Huntington Beach
Bruce Bricks, Trea�: rer 2060 Main Street
President
So. Coast Soccer Club Huntington Beach, CA 92648
Alan Annstrong Dear Conine. c s
Secretary,
Save Our Bids Save Our Kids is in favor of the Recommended Action for
Dr. Maril«t I:oeller "Agreement with HBUHS District for School Field Lighting." �
f,rn
Parent- Educator y v c
The illumination of part of these large land masses is a key ingrediet ='
Michaela wakeni.an in solving the shortage of field space for children in the City. Without, --, z
Past President N.B. Girls Softball this as a potential remedy, it would be necessary to utilizes other park 1"
land for the kids, such as Linear Park or the west side of Central Park.
Phil Luth
Area Director This is a win, win. win situation for the City, School District and youth
AISO area K i groups, please approve this avreement.
Robin Mix
Past - President
Ocean View Little League
Mike Shades
Aquatics Booster
Mike Green
Soccer & Baseball Parent
Commitlee Menibers:
Other City Youth Shorts
Commissioners, Presidents.
Board Members and
concerned Parents.
Shorts Represenlyd:
Youth Baseball,
sof;•ball. serinrrrrng,
soccer, rollerhoeke,,,
basketball and football.
Sincerely,
.�C
Chuck Beauregard
Chairman
L1 j& . CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFOR N]A 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM
DATE: CO 9 6) 7'
Tj,.x—,V1Aa,&,4,ATTEN`T10N:
Name
/41?5/ DEPARTMENT:
s t
�(o REGARDING:
City, state, z
See Attached Action Agenda Item Date of Approval 7
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your R cords.
C
Connie Brockway
City Clerk
Attachments: Action Agenda Page —Z Agreement ✓ Bonds Insurance
RCA _ Deed Other
Remarks:
CC:
Name Department RCA Agreement Insurance
Name Department RCA Agreement Insurance
Name
Other
Other
Department RCA Agreement Insurance Other
Risk Management Department Insurance Copy
0:Foll oaup'agrmwtransltr
(Telephone: 714.536-5227
Page 8 - Council/Agency Agenda - 06/02/97 • (8)
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
co mend d Moti : Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City CounciffRedeye[opment Agency) Minutes (120.65) - Approve and adopt the
minutes of the corrected page No. 14 of the City Council/Redevelopment Agency
ad'cumed meeting minutes of April 1, 1996 pertaining to pier Plaza Budget Amendment.
Submitted by the Citv Clerk
[Approved -- 7-0]
E-2. (City Council) Agreement Between City & Huntington Beach Union -High _School
District For School Field L-�i Jong (600.10) - Approve an Agreement between the City of
Huntington Beach and the Huntington Beach Union High School District for Development of
Improvements Upon Certain Portions of District Property and authorize execution by the
Mayor and City Clerk. Submitted by the CoMm_unity Services Direclo
[Approved -- 7-01
E-3. (City Council) Historisftesources Board Aonofr:tmer:t - Bill Borden - Approve the
appointment of Bill Borden to the Historic Resources Board to a term expiring
June 30, 2001. Submitted by the CoMmunity Services Director
[Approved -- 7-0]
E-4. (Jty Council)Agreements_Between The CJty And -Terry Schoonhoyen aLld
Lloyd Hamrol For Manufacturing And Installation Qf Art Work -For The Municipal Pier
Plaza (600.10) - Approve and execute execution of the following two agreements:
Agreement between the City of Huntington Beach and Terry Schoonhoven for the
Manufacturing and Installation of Art Work (Historical Mural) at a cost not to exceed
$40,000 and 2. Agreement between the City of Huntington Beach and Lloyd Hamrol for
the Manufacturing and Installation of Art Work Pier Plaza Amphitheater at a cost not to
exceed $229,480. Submitted by the Community Services_Directg
(Approved -- 7-0]
E-S. (City Council) Bid Award - Acceptance Of Co3tractor For Flounder -Pump Station
URgrades - CC-742 - ARA _Engineering Contractors (600.60) - Accept the low bid
submitted by ARA Engineering Contractors, for a total bid amount of $540,000, and
2. authorize staff to appropriate $313,000 from drainage fund account No. G-ST-3-01-
00 to cover the cost of the Flounder Storm Drain Pump Station Upgrade, and
3. authorize the Director of Public Works to expend $673,000 to cover contract cost of
$540,000, estimated construction Change Orders of $108,000 and anticipated
supplemental expenses of $25,000. Subrnilted by JhQPublic Wok Qi[ector
[Approved -- 7-0]
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