HomeMy WebLinkAboutDirected Development of Huntington Central Park Sports Compl (2) March 3, 2003 -Council/Agency Agenda - Page 2
(City Council) Study Session #2— Presentation of the Conceptual Plans for Phase II of
the Huntington Central Park Sport Complex Including Proiected Income Revenue and the
Management Contract ( . ) -The Community Services Department will present an overview .
of the conceptual plans for Phase II of the Sports Complex, including the projected income and -
management contract.
Jim Engle,_Community Services Director, Ron Hagan, Special Projects Manager
and Acting Facilities Manager Dave Dominguez reported on overview of .
management agreement, cost revenues and concessions on banking/financing.
PowerPoint Late Communication presented and wall diagrams were available at .
the meeting re: an agreement with Community Parks Inc.
,l
J• CITY Cr UUNTINCTCN ELAM
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To City Council
via City Administrator a
From Jim B. Engle, Director, Community Service
Ron Hagan, Special Projects Manager
Date March 3, 2003 h�
Subject Study Session on Agreement with Community Parks s'
Foundation, Inc. for the Purchase of Equipment and for
Operation and Maintenance Services of the Phase II
Soccer and Hockey Facilities at Huntington Central Park
Sports Complex
In January 2003, Council held a study session to review the master plan for
the installation and management of the second phase of the Central Park
Sports Complex. The City Council has previously reviewed and approved the
sports complex for HCP which included an area approximately five acres for
batting cages, roller hockey, soccer arenas, pro shop, and rest rooms. This
portion of the sports complex was designated as Phase II. Council also
directed staff to request proposals for the installation and operation of Phase
II instead of having the city install and operate this portion of the sports
complex. Staff solicited requests for proposal in July 2002 to six nonprofit
sports organizations for the installation and management of the Phase II
Central Park Sports Complex. Only one qualified proposal was received from
Community Parks Foundation, Inc. in Salem, Oregon.
The city has put together a project team to address Phase II of the sports
complex. In addition to Community Services and the Special Projects
Manager, the team includes representatives from Administrative Services
and City Attorney. Mike Hennessey of Hennessey Group is also providing
financial analysis.
The City Attorney's Office has prepared a management and consultant
agreement (Attachment 1) with CPF. The items included in the Phase II
portion of the sports complex are two outdoor roller hockey arenas; two
outdoor, artificial turf soccer arenas; a nine-station batting cage facility; and
a 1,980 square foot, modular clubhouse/pro shop with public rest rooms.
Each of these sports systems are prefab portable systems that can be
installed and/or removed in four to seven days. Under the terms of the
consultant and management agreement, the city will prepare the five-acre
site (Attachment 2 map) for the installation of the portable sports systems
as described above, and CPF will install the sports systems and operate
under the management portion of the agreement.
CPF is a nonprofit foundation whose purpose is to promote amateur athletics
and athletic participation within communities by installing and managing
sports facilities. The foundation currently operates facilities in Salem,
Oregon and Vancouver, Canada, and is in negotiation with several other
cities throughout the US and Canada to operate similar facilities as is being
proposed in Huntington Beach.
The proposed management agreement is not a lease or concession
agreement. CPF will have no land or possessory interest in the sports
complex property. The city will own all of the sports systems, and CPF will
manage those systems on behalf of the city. The modular building is less
than 3,000 square feet and $100,000. The city attorney's office has .
determined that this proposed management agreement does not fall under
the requirements of Charter Section 612 (Measure Q.
CPF will be paid a 15 percent management fee from the revenue received
from the operations, which shall be determined after the lease/purchase
payment for the improvements is paid. The sports systems equipment will
be leased/purchased through private financing with the sports systems
equipment as collateral for the financing. No General Fund liability will be
used for the financing. The site preparation costs will be paid from the PA&D
Fund.
Staff has yet to receive the lease/purchase agreement from the bank CPF is
financing the sports systems with; however, a draft payback schedule
summary is provided as Attachment 3, based on anticipated loan rates. As
shown on the summary, if the city chooses a five-year lease/purchase
agreement, the estimated annual net revenue from the Phase II operations
would be $545,792. If the city opts for a ten-year agreement, the estimated
annual net revenue would be $681,838. Similarly, a fifteen-year agreement
would net an estimated $718,612.
Staff is currently reviewing with the bank the best lease/purchase schedule
and the life expectancy of the equipment and facilities to determine the best
option. The lease/purchase agreement will be presented to City Council
when the management agreement with CPF is presented. The city's
Administrative Services Department, with input from Hennessey Group, will
2
make the final recommendation to Council on the lease/purchase term. The
goal of the Phase II sports facilities management contract is to provide the
city with sufficient revenue to offset the city's cost of operation and
maintenance for the entire sports complex. Note: Staff is also proposing to
raise revenue through a sponsorship program consisting of sponsor signage
on the scoreboards attached to the end of the backstops of each field and
the installation of 93 colorful sports banners (Attachment 4) on parking lot
and walkway light poles—
Under the terms and conditions of the management agreement with CPF, the
initial term is for five years. The city, at its discretion, may extend the
agreement at the end of the first five-year period. The agreement outlines
the responsibilities of both CPF and the city with regard to installation and
management of the arenas and sports facilities.
In summary, staff feels that the agreement with Community Parks
Foundation is the best way to implement the Phase II sports facilities in the
Huntington Central Park Sports Complex.
I BE:RH:cr
Attachments
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ATTACHMENT # 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
COMMUNITY PARKS FOUNDATION, INC., FOR INSTALLATION OF EQUIPMENT AND
FOR OPERATION AND MAINTENANCE SERVICES OF SOCCER AND HOCKEY
FACILITIES AT HUNTINGTON CENTRAL PARK SPORTS COMPLEX
THIS AGREEMENT is made and entered into this day of_____, 2003 by
and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California(hereinafter"City") and COMMUNITY PARKS FOUNDATION, INC., 4676
Commercial SE#1, Salem, Oregon 97302, a 501(c)(3)nonprofit organization(hereinafter
"Operator"), (collectively"Parties").
WHEREAS, City owns certain real property in the City of Huntington Beach known as
Huntington Central Park(hereinafter"Park"), a portion of which is developed with a sports
complex(hereinafter"Sports Complex"), and desires to contract for the installation of certain
equipment, including hockey and soccer facilities, batting cages, and related uses and the
operation and maintenance of said facilities, on a portion of the Sports Complex(hereinafter
"Site"); and
WHEREAS, Operator represents that it is experienced in the installation, operation and
maintenance of soccer and in-line hockey leagues and facilities, as well as batting cages and
associated uses such as the sale and rental of equipment and refreshments.
NOW, THEREFORE, in consideration of the covenants contained herein and the terms
and conditions hereof, the parties agree as follows:
1. DESCRIPTION OF SITE
The Site consists of approximately five (5) acres within the Sports Complex. The Park is
shown on the map attached hereto as "Exhibit A", the Sports Complex is shown on the map
attached hereto as"Exhibit B", and the Site is shown on the Illustrative Site Plan, attached hereto
-as "Exhibit C", all of which are incorporated herein as if fully set forth.
------ --------- - -—DOCUMENTS---- -.. - - -- -- --- --- ---- - _..
This Agreement incorporates Operator's"Response To Request For Proposal March 15,
2002" ("Proposal"), attached hereto as Exhibit D. Should there be any conflict between this
Agreement and the Proposal, this Agreement shall prevail.
3. TERM
This Agreement shall commence on April 1, 2003 (the"Commencement Date")and shall
be implemented in two(2) phases as set forth herein. The term of this Agreement shall be for a
period of five (5) years from the Operation Date as set forth in Section 4,unless sooner
terminated as herein provided. The Agreement may be extended for additional five (5)year
periods at the discretion of the City Administrator or his designee.
03agm/sports complex ?19/03 1
4. SCOPE OF SERVICES
The Agreement shall be implemented in two (2)phases, as follows:
(a) Phase I shall commence on the Commencement Date as set forth in
Section 3, above, and shall include consulting services to the City in the
development of the Site as set forth in Section 6, and the installation of the
Facilities by Operator, as set forth in Section 8. Phase I shall be completed on the
date the Facilities are opened to the public ("Operation Date"),which shall take
place no later than forty-five (45) business days following the Acceptance Date
set forth in Section 7 herein.
(b) Phase II shall commence on the Operation Date, and shall consist of
Operational Services for the operation and maintenance of the Facilities, as set
forth in Section 9 herein.
5. FACILITIES
The facilities shall be provided by the City, as set forth in the Site Amenities and Details
and Plant Material, attached hereto as"Exhibit E"and incorporated herein as if fully set forth
("Facilities"). The Facilities shall be lease-purchased by the City pursuant to a financing
package as set forth in Operator's Response to Request for Proposals(Exhibit D), and shall be
owned by the City upon such purchase. City shall retain full possession of the Site and the
Facilities, and Operator shall not acquire any ownership interest, temporary,permanent,
irrevocable, possessory, or otherwise, in the Site and Facilities, by reason of this Agreement.
The Facilities shall include, but are not limited to,the following:
(a) Two (2) regulation sized dry-floor open-air surfaces manufactured by
Ground Zero Flooring, for use as In-Line Roller Hockey rinks. Each surface shall
be One Hundred Eighty Five Feet by Eighty-Five Feet (185'x 85'). The surfaces
shall be W protected and shall include portable lights and heaters.
(b) Two (2)open-air soccer surfaces made of 33 oz. synthetic polyethylene
rubber infill soccer turf The surfaces shall be UV protected and shall include
portable lights and heaters.
(c) Nine(9) coin or token operated pitching machines within batting cages as
approved by City.
,(d) A 1980 square foot modular, portable clubhouse/restroom and office
facility, finished with a professional office quality interior. Such facility shall
contain men's and women's restrooms the number and construction of which
shall be in accordance with applicable City codes, and an open concession area
selling and/or renting, at a minimum, equipment for use in the hockey, soccer, and
baseball facilities, as well as pre-packaged fast-food and non-alcoholic
refreshments.
03agm/sports complan/19/03 2
(e) Facilities for other related or incidental purposes as may be given prior
written approval by the Director of Community Services("Director").
(f) The Facilities shall be installed by Operator or its agents. A list of such
agents shall be submitted to the Director for approval prior to the Acceptance
Date set forth in Section 7. The installation of the Facilities shall not commence
until written approval of the agents is given by the Director to the Operator.
(g) The City may, in its sole discretion, add, delete, or modify the Facilities.
6. CONSULTING SERVICES
Consulting services to be provided by Operator during Phase I of this Agreement shall
include, but not be limited to,the following:
(a) Evaluate and develop the market information and demographics
for the Orange County region to successfully launch and implement the
sports programs at the Site.
(b) Complete the Operating Budget and proformas for the first three
years of this Agreement.
(c) Coordinate various third party service providers and contractors
that will be interfacing with other manufactures and suppliers to have the
Site prepared for installation of the Facilities.
(d) Develop and launch a six to eight month marketing and public
relations campaign, including initial literature and informational materials,
to present the Facilities and programs to the surrounding community and
to prepare to register teams and participants.
(e) Advise the City in the Site preparation for the Facilities.
(f) Advise the City as to the electrical engineering plan and outdoor
lighting systems for the Facilities.
(g) Advise the City in the design and preparation of underground
utility installation of the water, sewer and gas lines at the Site.
(h) Such other services as the Director may request from time to time.
No additional payment shall be made for such services during Phase I of
this Agreement.
03agee/sports complexn/19/03 3
7. SITE PREPARATION AND DELIVERY
City shall be responsible for preparation of the Site for installation of the Facilities, in
accordance with the Plans and Specifications attached hereto as"Exhibit F"and incorporated
herein as if fully set forth. The Site preparation shall include rough grading, installation of
utilities including gas, water(domestic and fire service), sewer, electric, and telephone stubbed
out. City shall also be responsible for all fees connected with the Site preparation in order to
deliver to Operator clean pads, rough graded for the installation of the Facilities. Operator shall
provide consulting services to City as set forth in Section 6, to assist City in preparing the Site
for the installation of the Facilities. Upon completion of the Site preparation,the City shall
notify Operator that the Site is ready for inspection and acceptance. Not later than five (5)
business days following such notification, Operator shall give City written acceptance of the
condition of the Site, as well as the improvements thereon and the utility stubouts thereto,or
request changes to such Site Preparation. Such acceptance by the Operator shall contain
confirmation that the Site, including the utility stubouts thereon, is in good, clean, and safe
condition, and is acceptable for proper installation of the Facilities. Upon receipt of such written
acceptance, the Site shall be made available to Operator for installation of the Facilities. The
date of such written acceptance shall be the"Acceptance Date".
8. INSTALLATION OF FACILITIES
Operator shall be solely responsible for the installation of the Facilities specified
in Section 5, on the Site, and for all improvements to bring the Site from the pad
condition made available to Operator on the Acceptance Date to fully operational status
on the Operation Date. Operator shall coordinate, supervise and undertake the
installation of the site preparation, crushed rock base and finish surfaces(Ground Zero
Hockey Floor and Emerald Green Sports Turf) for two (2)hockey arenas with Dasher
Board system, two (2) soccer arenas with Border Patrol System, using their own staff and
install crews,together with adequate heating and outdoor sports lighting for all four(4)
arena areas. Operator shall supervise and coordinate the installation of the ABC
commercial batting cage system at the location indicated on the approved Master Site
Plan. Operator shall supervise and coordinate the delivery set-up and installation of the
1980 sq. foot Steel Structures,Inc.,modular clubhouse/concession building at the
approved location. Operator shall_supervise and be responsible for.the-installation ofthe
electrical utilities, gas utilities, water and sewer utilities from the stubbed out lines, as
indicated on the Plans and Specifications, to the service points within the managed area
of the Site, using only licensed and bonded contractors for such services. Operator shall
be solely responsible for all costs associated with the installation of the Facilities,
including, but not limited to, all permit and utility connection fees associated with the
installation of the Facilities. Upon completion of the installation of the Facilities,
Operator shall notify the City that they are ready for inspection and acceptance. The
Operation Date, as set forth in Section 4, shall take place no later than fourteen(14)
calendar days following the date of written acceptance of the installation of the Facilities
by City.
03agree/sports complex/2/19/03 4
9. OPERATIONAL SERVICES
Operator shall provide operational services for the Facilities as follows:
(a) Facilities shall be open for use by the public and fully staffed by Operator
seven(7) days per week from 7:OOAM to 11:00 PM. Operator may close the
Facilities on Christmas Day and New Years' Day, or on other days with the prior
permission of the Director.
(b) Operator shall set fees for the use of the Facilities, subject to approval of
the Director.
(c) Operator shall organize and run Youth Leagues, Club Leagues, and Adult
Leagues for in-line roller hockey and soccer at the Facilities. In addition to
leagues,Operator shall run camps, clinics,tournaments, and drop-in play.
Operator shall set participation fees subject to the approval of the Director.
Operator shall be responsible for advertising such activities and shall notify the
Director prior to engaging in such advertising. The Director reserves the right to
make changes in such advertising in his or her sole discretion.
(d) Operator shall be responsible for the maintenance and repair of the
Facilities and the Site upon which they are located and shall oversee and
supervise all maintenance and custodial activities at the Site. Operator
shall keep the Facilities and Site in a clean and safe condition to the
satisfaction of the Director and in accordance with all laws.
(e) Operator shall create a business and Facilities marketing plan, including
annual financial proformas, and monthly, quarterly and annual proposed budgets
and reports for each year of the Term this Agreement. Copies of all financial
documents created by Operator shall be provided to the Director. Operator meet
annually with Director to approve the operations plan and budget for each year of
this Agreement. Operator shall provide purchasing, accounts payable and
banking services for the Site.
(f) Operator shall provide a full-time executive director for operation
of Facilities. The dvrector shall maintain an office on the Site.
(g) Operator shall hire, train and supervise support staff for the
operation of the Facilities.
(h) Operator shall maintain an adequate clubhouse concession
inventory to service the Site.
(i) Operator shall organize and facilitate soccer and hockey leagues,
camps, tournaments, sports academy,training and special community
03agree/sports compleV2/19/03 5
events at the Site, and shall train and provide referees to serve the
Facilities.
(j) Operator shall explore and develop auxiliary fields and sports
venues to support and grow the sports programs and support revenue at the
Park.
(k) Operator shall develop and execute public relations campaigns for
Facilities, and shall provide ongoing marketing and evaluation consulting
to maintain program services, including new and innovative sports
programs, for the maintenance of necessary revenue support for the Site.
Operator shall develop strategic alliances with economic development and
tourism interests within City and Orange County.
(1) Operator shall provide such other ancillary and miscellaneous
services as are necessary to ensure the continued success and effectiveness
of programs at the Site and Facilities.
10. PRO SHOP AND MERCHANDISE FACILITY
(a) Operator shall provide a nonpermanent structure for use as a pro shop and
for the sale of merchandise. Operator shall be responsible for maintenance of the
structure and the area immediately surrounding it.
(b) The pro shop shall provide equipment for use in playing roller hockey,
soccer, and baseball, including, but not limited to, sticks,pucks, balls, bats, and
protective gear, for sale and rental.
(c) The Operator shall also provide prepackaged food and drink for sale. No
alcoholic beverages shall be sold or permitted on the Site.
(d) Operator shall comply with City's exclusivity agreement with the Coca-
Cola Bottling Company of Southern California("Coca-Cola"). Operator agrees
that only Coca-Cola fountain and bottling products shall be bought and sold in,
on, or from the Site for the term of the City's agreement with Coca-Cola. This
includes all carbonated and non-carbonated, non-alcoholic beverages defined as
soft drinks,juices,juice drinks, teas, isotonics, water and frozen beverages.
Frozen beverages shall not include ice creams and frozen yogurts. Operator's
failure to adhere to the Coca-Cola exclusivity clause shall constitute a material
breach of this Agreement.
(e) City retains the right to place vending machines at any location on the
Site, including within any or all of the Facilities.
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11. FEES
(a) City shall pay Operator$ 5,833.00 per month for a period not to exceed
six(6) months from the Commencement Date, for Phase I consulting and
installation services, including assisting the City in Site preparation and in the
acquisition of the Facilities.
(b) City shall pay Operator a monthly management fee beginning on the
Operation Date, such management fee to be set at fifteen percent (15%)of the
Modified Gross Revenue. Modified Gross Revenue shall be defined as Gross
Revenue less the monthly lease payments made by City for the lease-purchase of
the Facilities.
(c) Not later than sixty(60)days prior to the Operation Date and each
anniversary thereafter, Operator shall submit an Operating Budget to the Director.
The Operating Budget shall indicate with specificity the operating costs of the
Facility, including a fifteen percent(15%)management fee. The Operating
Budget shall be subject to approval by the Director, and the Director's approval or
comments shall be given to Operator in writing within thirty(30) days prior to the
Operation Date and each anniversary thereafter.
(c) Operator shall be solely responsible for the collection of all revenue and
the payment of all expenses. Operator shall pay to City the Gross Revenue less
the monthly operating expenses as set forth in the approved Operating Budget.
Commencing with the Operation Date, Operator shall make payments to City at
the City Treasurer's Office, P.O. Box 711, Huntington Beach, California 92648,
or at such other place or places as City may from time-to-time designate by
written notice delivered to Operator. Payments must be received by the City
Treasurer no later than twenty(20) calendar days after the end of each preceding
month.
(d) Operator shall be solely responsible for the payment of all utilities and
services required for the operation and maintenance of the Site and the Facilities.
12. LATE CHARGE AND PENALTY
If any payment due the City as set forth in Section 11 is not received by the City
Treasurer within twenty(20) calendar days after the end of each month, or the next business day
if the twentieth day falls on a weekend or holiday, Operator shall pay the following late charge
and penalty: (1) a late charge often percent (10%) shall be applied to any outstanding balance
after payment hereunder is due but unpaid; and (2)one an a half percent (1 '/Z%)penalty per
month shall be added for each month the payment is due but unpaid.
03agme/sports complex/2/19/03 7
13. GROSS REVENUE DEFINED
For the purpose of this Agreement,the term"Gross Revenue" shall mean the total price
of all merchandise, food and beverages, or services sold or rendered, including participation fees,
or equipment rented, in, on, or from the Site by Operator,or anyone contracting with Operator,
including, without limitation, its agents, whether wholesale or retail, whether for cash or on
credit, and if on credit whether or not paid, and whether in exchange for any other product,
commodity, service, commercial paper or forbearance. Gross Revenue shall not include any
sales, excise or other taxes otherwise includable in Gross Sales and which become part of the
total price of merchandise, food and beverages, or services sold or rendered,or equipment
rented, in, on, or from the Site where Operator must account for and remit the taxes to the
government entity or entities which impose them, but only if such taxes are added to the total
price and collected from customers, and Operator may deduct such items from Gross Revenue.
14. RECORDS AND AUDIT
(a) Operator shall maintain a cash register with tape to be used for all
concession sales and participation fees and shall submit monthly accounting
reports, including the daily register tape, no later than twenty(20) calendar days
after the end of each month: Operator agrees to make available for inspection by
City at the Site a complete and accurate set of Operator's books and records of all
concession and participation sales. Operator further agrees that it will keep,
retain, and preserve for the term of this Agreement all records, books, or other
evidence of concession and participation sales. City shall have the right, upon
reasonable notice, during the Term and within two(2) years after expiration or
termination of this Agreement to inspect and audit Operator's books and records
and to make transcripts therefrom to verify the payment due City. Such audit may
be made at any reasonable time during normal business hours. Operator shall
cooperate with City in making the inspection. If the audit shows that there is a
deficiency in the payment of any fees,the deficiency shall come immediately due
and payable.
(b) Accompanying each monthly payment as set forth in Section 11(c) above,
Operator shall file a report to City showing the manner in which the payment was
calculated. The report shall be prepared by a Certified Public Accountant. In
addition, Operator shall file an annual report concerning the operation and
management of the Facility, which shall be prepared by a Certified Public
Accountant. The annual report shall be filed with the proposed Operating Budget.
(c) The acceptance by City of any monies paid to City by Operator, as shown
by any statement furnished by Operator, shall not be construed as an admission of
the accuracy of said statement,or of the sufficiency of the amount of fees, but
City shall be entitled to review the adequacy of such payment as hereinabove set
forth.
03agree/sports complexa/19/03 8
(d) Failure to make accurate and timely payments and reports, and failure to
maintain accurate records, shall be considered material breaches of this
Agreement.
15. BUSINESS LICENSE
Operator shall obtain, at its own cost, a Business License from the City of Huntington
Beach and shall maintain such License for the term of this Agreement.
16. DISPUTES
In the event of a dispute between the parties over any of the provisions of this
Agreement, or over any matters to be accepted or approved by either party,the dispute shall be
submitted to mediation. Each party shall bear its own costs of the mediation. If the dispute is
not resolved by mediation,the Agreement may be terminated by either party upon six(6)months
written notice to the other party.
17. TERMINATION BY OPERATOR
Operator may, upon six(6)months notice in writing to City,terminate this Agreement.
18. TERMINATION BY CITY
(a) Should Operator breach or default on any of the terms and conditions of
this Agreement, City may terminate this Agreement upon three (3) days notice in
writing to Operator. Notwithstanding the foregoing, in the event of termination
under this Section 18, except in instances where the nature of the breach or
default is such that it is impossible for Operator to cure, the Operator shall be
allowed thirty(30) days after written notice within which to cure the breach or
default which gave rise to such termination;provided, however, if the nature of
Operator's breach or default is such that more than thirty(30) days are reasonably
required for its cure, then Operator shall not be deemed to be in default if
Operator commences such cure within said thirty(30) day period and thereafter
diligently prosecutes such cure to completion.
(b) City may terminate this Agreement for any reason or no reason, in its sole
discretion, upon six(6)months written notice to Operator.
(c) Operator shall remain a non-profit organization pursuant to the laws of the
United States and the State of California during the term of this Agreement, and
shall provide evidence of such status to the Director annually. City may terminate
this Agreement pursuant to subsection(a), above, should Operator lose such non-
profit status.
03aWm/sports complod2/19/03 9
19. OWNERSHIP
City shall own the Site and Facilities and all improvements contained thereon except for
trade fixtures installed by Operator. Upon termination of this Agreement, Operator may remove
all trade fixtures and personal property without cost to City.
20. INSPECTION BY CITY
Operator shall permit City or City's agents, representatives or employees, to enter the
Site and Facilities at all reasonable times for the purpose of inspecting said Site and Facilities to
determine whether Operator is complying with the terms of this Agreement and for the purpose
of doing other lawful acts that may be necessary to protect City's interest in said Site and
Facilities under this Agreement, or to perform City's duties under this Agreement.
21. ASSIGNMENT
Operator shall not assign any or all of its obligations and duties under this Agreement
without the prior written consent of City. Any proposed assignee shall, at a minimum, be
comparable to Operator with respect to financial assets and operational experience. Proposed
assignees shall be non-profit organizations pursuant to the laws of the United States and the State
of California.
22, NON-COMPETITION
Operator shall not, during the term of this Agreement and any extensions thereto, and for
five (5) years thereafter, operate another facility offering in-line hockey, soccer, or batting cages,
within fifteen(15)miles of the Site.
23. INSURANCE, INDEMNIFICATION, DEFENSE, HOLD HARMLESS
Operator hereby agrees to protect, defend, indemnify and hold harmless City, its officers,
elected or appointed officials, employees, agents, and volunteers from and against any and all
claims, damages, losses, expenses,judgments, demands and defense costs, (including, without
limitation, costs and fees of litigation(including arbitration) of every nature or liability of any
kind or nature), arising out of or in connection with(1)the use of the Site and Facilities by
Operator, its officers, employees or agents, or(2)the death or injury of any person or the damage
to property caused by a condition of the Site and Facilities, or(3)the death or injury of any
person or the damage to property caused by any act or omission of Operator, its officers,
employees or agents, or(4) any failure of Operator to keep the Site and Facilities in a safe
condition, or(5) Operator(or Operator's agents, if any) performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by Operator, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or will misconduct of City. Operator shall hold all Trade Fixtures, personal
property and trade inventory on the Site at the sole risk of Operator and save City harmless from
any loss or damage thereto by any cause whatsoever, except such loss or damage which was
caused by the sole negligence or willful misconduct of City. Operator will conduct all defense at
03agree/sports complex/2/19/03 10
its sole cost and expense and City shall approve selection of Operator's counsel. This indemnity
shall apply to all claims and liability regardless of whether any insurance policies are applicable.
The policy limits do not act as limitation upon the amount of indemnification to be provided by
Operator.
24. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, Operator acknowledges awareness of
section 3700 et seq. of said Code, which requires every employer to be insured against liability
for workers' compensation; Operator covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
Operator shall maintain workers' compensation insurance in an amount of not less than
One Hundred Thousand Dollars($100,000)bodily injury by accident, each occurrence, One
Hundred Thousand Dollars($100,000) bodily injury by disease, each employee, Two Hundred
Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit.
Operator shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. Operator shall furnish to City a certificate of
waiver of subrogation under the terms of the workers' compensation insurance and Operator
shall similarly require all subcontractors to waive subrogation.
25. INSURANCE
In addition to the workers' compensation insurance and Operator's covenant to indemnify
City, Operator shall obtain and furnish to City, a policy of general public liability insurance,
including motor vehicle coverage covering its obligations under this Agreement. Said policy
shall indemnify City, its officers, agents and employees, while acting within the scope of their
duties, against any and all claims of arising out of or in connection with this Agreement, and
shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which
includes a designated general aggregate limit, the aggregate limit must be no less than
$1,000,000. Said policy shall name City, its officers, and employees as Additional Insureds, and
shall specifically provide that any other insurance coverage which may be applicable to this
Agreement shall be deemed excess coverage and that Operator's insurance shall be primary.
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a"deductible" or any other similar form of limitation on the required coverage.
26. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, Operator shall furnish to City
certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
03agree/sports complex/2/19/03 11
a. provide the name and policy number of each carrier and policy;
b. shall state that the policy is currently in force;
C. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days' prior written notice of City; and
d. shall state as follows: "The above-detailed coverage is not subject to any
deductible or self-insured retention, or any other form of similar-type
limitation."
Operator shall maintain the foregoing insurance coverages in force while working under
this Agreement.
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of City by Operator under the Agreement. City or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. Operator shall pay, in a prompt and timely manner,.the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of Operator's insurance
policies, naming the City, its officers and employees as Additional Insureds shall be provided to
the City Attorney for approval prior to any payment hereunder.
27. PARTIAL INVALIDITY
If any of the provisions of this Agreement should be held to be invalid or unenforceable,
the validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby.
28. NONDISCRIMINATION
Operator and its employees shall not discriminate because of race, religion, color,
ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish
such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the
general public. Nor shall Operator or its employees publicize the accommodation, facilities,
rentals, services or privileges in any manner that would directly or inferentially reflect upon or
question the acceptability of the patronage of any person because of race, religion, color,
ancestry, sex, age, national origin or physical handicap.
In the performance of this Agreement, Operator shall not discriminate against any
employee or applicant for employment, because of race, religion, color, ancestry, sex, age,
national origin or physical handicap. Operator shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment, without regard to
their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action
03agree/sports complex/2/19103 12
shall include, without limitation,the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of
compensation; and selection for training, including, without limitation, apprenticeship. Operator
shall post in conspicuous places, available to all employees and applicants for employment,
notices setting forth the provisions of this Section.
Operator shall permit access to its records of employment, employment advertisements,
application forms, and other pertinent data and records by City,the State Fair Employment
Practices Commission or any other agency with jurisdiction over these matters,for the purpose
of investigation to ascertain compliance with this Section.
City may determine a violation of this Section to have occurred upon receipt of a final
judgment having that effect from a court in an action to which Operator was a party, or upon
receipt of a written notice from the State Fair Employment Practices Commission or other
government agency with jurisdiction over these matters that it has investigated and determined
that Operator has violated the Fair Employment Practices Act or other applicable discrimination
law and has issued an order which has become final, or obtained an injunction. In the event of
violation of this Section, City shall have the right to immediately terminate this Agreement, and
any loss of revenue sustained by City by reason thereof shall be borne and paid for by Operator,
at its sole cost and expense.
29. CONFLICT OF INTEREST
Operator warrants and covenants that no official or employee of City, nor any business
entity in which an official or employee of City is interested, (1)has been employed or retained
by Operator to solicit or aid in the procuring of this Agreement; or(2) shall be employed by
Operator in the performance of this Agreement without the immediate written divulgence of such
fact to City. In the event City determines that the employment of any such official, employee or
business entity is not compatible with such official's or employee's duties as an official or
employee of City, Operator, upon request of City, shall terminate such employment immediately.
For breaches or violation of this Section, City shall have the right both to immediately terminate
this Agreement without liability and, in its discretion, recover the full amount of any such
compensation paid to such official, employee or business entity. No official or employee of City
shall have any financial interest in this Agreement in violation of the applicable provisions of the
California Government Code.
30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
31. NOTICES
All notices, demands and other communications required or permitted under the
provisions of this Agreement shall be in writing, unless otherwise specifically specified to the
Contrary, sent by personal delivery, by messenger, by telegram or by registered or certified first
03agree/sports complexn/19/03 13
hereby affected shall be curtailed and limited only to the extent necessary to bring it within the
requirements of the law.
34. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive.
35. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
36. SECTION HEADINGS
The titles, captions, section,paragraph and subject headings, and descriptive phrases at
the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or
excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
37. ENTIRETY
The foregoing, including any exhibits attached hereto and incorporated herein, sets 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.
03agree/sports complex/2/19/03 15
COMMUNITY PARKS FOUNDATION, CITY OF HUNTINGTON BEACH, a
INC., a Non-Profit Organization municipal corporation,of the State of
California
By:
print name
ITS: (circle one)Cllaitinan/PresidenlNice President Mayor
AND ATTEST:
By:
print name City Clerk
.ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
City Administrator
Director of Community Services
03agree/sports complex/2/19/03 16
ATTACHMENT . #2
ACCESS ROAD TO GOLDEN
WEST STREET(PHASE 1) ACCESS ROAD TO LIBRARY AND
T LBERT AVENUE,PHASE I
SITE MONUMENT,PHASE I TURF AREA TO CONNECT TO
Li
ADJACENT SOCCER FIELD,PHASE I
7 TYPICAL
COMPOSED GRANITE,
CONCRETE SPHERE----—-----------—
SOCCER FIELD 100'X 215'WITH
BOLLARDS,PHASE I
ADJACENT BLEACHERS
ENTRY FEATURE,CONCRETE——--------
SPHERE ON PILASTER CER HOCKEY COURT 85'X ISW WITH
ADJACENT BLEACHERS
BIKE RACKS(2)
PHOENIX DACTYLIFERA-
L - __ ;I , "1," L, SHRUB AND GROUNDCOVER
11, '.1 -
CLUBHOUSE/RESTROOM • AREA,TYPICAL
BUILDING BY CSF-
•BATTING CAGE BY CSF-
APPRUX.IOU,x 140, HOCKJEY
TUBULAR STEEL FENCE,
COLOR HUNTER GREEN
MATCH PHASE I
SHRUB AND GROUNDCOVER BATTING
AREA,TYPICAL CXG..E
I.
DECOMPOSED GRANITE,COLOR 7!-T
TO ALTERNATE CALIFORN
IA
GOLD AND TEMESCAL ROSE
CONCRETE PATH,.'"_.__._.__- CCER(_"
PHASE
BLEACHERS,TYPICAL
SO CER FIELD 1001 X I' MAINTENANCE FACILITY.PHASE I
216F WITH ADJACENT
BLEACHERS TREE GRATE TO MATCH
OTHERS IN PARK,TYPICAL
HOCKEY COURT 86'X 186'WITH
ADJACENT BLEACHERS
101 CONCRETE GRID
TRASH RECEPTACLE,TYPICAL
`—SHRUB AND GROUNDCOVER •CSF,THE COMMUNITY
AREA.TYPICAL SPORTS FOUNDATION
ILLUSTRATIVE SITE PLAN 1-4
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U*rgrcAmd ServLe AJW REVISIONS ....... ... ...
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5
ATTACHMENT #3
i a
CPF Payback Schedule D F-1 /�"�nCT
Summaries
5 Year Payback 10 Year Payback 15 Year Payback
INCOMING REVENUE (Based on Year 1) (Based on Year 1) (Based on Year 1)
Samba Soccer 787,912 787,912 787,912
Roller Hockey 698,558 698,558 698,558
Concession,Pro-Shop,Batting Cages 260,400 260,400 260,400
TOTAL 1,746,870 1,746,870 1,746,870
Less Lease Purchase Payment 220,000 145,000 110,000
Total Revenue 1,526,870 1,601,870 1,636,870
EXPENSES
15% Community Parks Foundation 229,031 240,281 245,531
Samba Soccer* 424,675 373759 356,947
Roller Hockey* 429,185 378:269 361,457
Concession,Pro-Shop,Batting Cages 98,188 72,724 64,324
Lease Payment** -200,000 -145,000 -110,000
TOTAL 981,079 920,033 918,259
Estimated Net Revenue to Sports Complex 545,792 68t,838 718,612
* Includes replacement of floors, turf and dasher boards on a seven year cycle
**Added back in because lease payment is included in Soccer, Hockey&Concession Expenses
Huntington Beach Cash Flow Projection
Year 1
JAN PEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
INCOMING
Concession 3000 3000 30M 3000 3000 3000 3000 3000 3000 3000 3000 3000 36000
Pro-Shop 2600 2500 2500 2500 2500 2500 2500 2500 2600 2500 2500 2500 30000
Batting Cages 16200 16200 162W 16200 16200 16200 16200 16200 16200 16200 16200 16200 194400
TOTAL 21700 21700 21700 21700 21700 21700 21700 21700 21700 21700 21700 21700 260400
EXPENSES
Lease Cost 1827 1827 1827 1827 1827 1827 1827 1827 1827 1827 1827 1827 21924
Insurance 4000 4000
Janitorial 500 500 500 590 500 500 500 500 500 500 500 500 6000
Accounting 300 300 300 300 300 300 300 300 300 300 300 300 3600
Supplies 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 24000
Utiflties 400 400 400 400 400 400 400 400 400 400_ 400 400 4800
TOTAL 9027 5027 5027 5027 5027 5027 5027 5027 5027 5027 5027 5027 64324
Huntington Beath Samba Center
Cash Flow Projection
Year 1
JAN FES -MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
INCOMING
Rink Youth&Adult Leagues 20000 20000 20000 20000 20000 20000 20000 20000 20000 20000 20000 20000 240000
Rink 2 Youth&Adult Leagues 20000 20000 20000 20000 20000 20000 20000 20000 20000 20000 20000 20000 240000
Pink Drop-in 800 800 800 840 840 840 880 880 S80 926 925 925 10335
Rink 2 Drop-In 800 800 800 840 840 840 880 880 880_ 925 925 925 10335
Rep League(Youth) 7165 7950 8745 9640 33390
Lir Kickers 18900 19845 20837 21879 81461
30+Adult League 4760 4998 6247 5510 20515
Tournaments 7774 8372 16146
Facility Rentals 2880 2880 28M 3240 3240 3240 3600 3600 36M 3960 39W 39W 41040
Membership 51800 2590 2590 2590 2590 2690 2590 2590 2590 2590 2690 2690 80200
Advertising 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 14400
TOTAL 128295 28270 8270 89277 8710 8710 83979 9160 9150 86529 9600 17972 787912
EXPENSES
Lease Cost 3654 3654 3654 3654 3654 3654 3664 3664 36U 3654 3654 3654 43848
Advertising 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 24000
Insurance 10000 10000
Janitorial 1500 1500 1500 1500 1500 1500 1500 1600 1600 1500 1500 1500 18000
Accounting 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 14400
Assistant Management 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 38000
Referees&Instructors 7200 7200 7200 75N 7560 7560 7938 7928 7938 8335 8336 8336 93099
Employees 4800 4800 4800 4800 4800 4800 4800 4800 4800 4800 4800 4800 57600
Maintenance 300 300 300 300 300 300 300 300 300 300 300 300 3600
Field Replacement 1100 1100 1100 1100 1100 1100 1100 1100 1100 1100 1100 1100 13200
Supplies 1500 1500 1500 1500 1500 1500 1600 1500 1500 1500 1500 1500 18000
Telephone 500 500 500 500 500 500 500 500 500 500 500 500 8000
Utilities 1600 1600 1600 1600 1600 1600 1600 1600 1600 1600 1600 1600 19200
TOTAL 39354 28354 28354 28714 28714 28714 29092 29092 29092 29M 29489 29489 356947
Huntington Beach Roller Hockey Center
Cash Plow Projection
Year 1
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
INCOMING
Rink Youth League 20900 21945 23042 24194 90081
Rink 2 Youth League 20900 21945 23042 24194 90081
Rink 1 Adult League 29555 30840 32125 33410 125930
Rink 2 Adult League 29656 30840 32125 33410 125930
Rink Drop-In 800 800 800 $40 S40 840 880 880 880 925 925 925 10335
Rink 2 Drop4n Soo 800 800 840 840 840 880 880 880 925 925 925 10335
Club League 7155 7950 8745 9540 33390
Camps and Clinics 3120 3276 3432 3588 3744 39M 21060
30+Adult League 4760 4998 5247 5510 20515
Sall Hockey League 4760 4998 5247 5510 20515
Tournaments 7774 8372 16146
Faa'tity Rentals 2880 2880 2880 3240 3240 3240 3600 3600 3600 3960 3960 3960 41040
Public Skate 2560 2560 2560 2560 2560 2560 2660 2560 2560 2560 2560 2560 30720
Jersey sates 14000 880 960 960 16800
Membership 18400 920 920 1840 920 920 1840 920 920 1840 920 920 31280
Advertising 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 14400
TOTAL 161345 9160 12436 142690 13032 9600 145081 10040 13784 148138 14390 18862 698558
EXPENSES
Lease Cost 3664 3654 3654 3654 3654 3654 3664 3654 3654 3654 3654 3654 43848
Advertising 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 24000
Insurance 10000 10000
Jersey 8760 440 480 480 10160
Janitorial 1500 15M 1500 1500 1500 1500 1500 1600 1500 1500 1500 1500 18000
Accounting 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 14400
Assistant Management 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 3600 3000 36000
Referees 7200 7200 7200 7560 7660 7560 7938 7938 7938 8335 8335 8336 93099
Employees 4800 4800 4800 4800 4800 4800 4800 4800 4800 4800 4800 4800 57600
Maintenance 300 300 300 300 300 300 300 300 300 300 300 300 3600
Floor Replacement 630 630 630 630 630 630 630 630 630 630 630 630 7580
Supplies 1500 1500 1500 1500 1500 1500 1500 1600 1500 1500 1500 1500 18000
Telephone 500 500 500 500 500 500 500 500 500 S00 500 500 6000
Utilities 1600 1600 1600 1600 Iwo 1600 1600 1600 t600 1600 1600 1600 19200
TOTAL 46834 27884 278" 28684 28244 28244 29102 28622 28622 29499 29019 29019 361457
ATTACHMENT #4
(.9144 m)
3' BANNER
WO TH
...............
02
5" POCKET GROMMET
(127mm)
BANNER (1.8288 m)
LENGTH
26' 0.0. TYP. A2
GROMMET
cl
S' POCKET
(127mm)
I
1
11 BANNER TO BE 6' IN OVERALL LENGTH '
FROM TOP EDGE TO BOTT014 EDGE
�.�.! BANNER TO BE 3' IN OVERALL. WIDTH
FROM INSIDE EDGE TO OUTSIDE EDGE
U POCKET SIZE TO SE 5" FROM OUTSIDE
EDGE TO STITCHING LINE, MUST FIT 2 00 PIPE.
a EYELET TO BE INSTALLED ON STITCHING LINE
ON INSIDE EDGE OF BANNER CLOSEST TO
POLE, GROMMET TO BE N2. rat owt, MAM,p„a
CITY Or MUNTINGTON BENCH • PUBLIC WORKS • TRAFFIC ENGINEERING
� PENNANT BANNER FIGURE
DETAIL B
I�1f1 n N1lTf�lrlfl D Pat Norman
From:
From:Julie Karchner
u��L5Li1/il�m Phone:570.522.9800(Ext.454)
Potting the A®Back han Playxraufi&. Fax:570.522.5302
Custom Graphic:ARCH Date:10/01/02
Part#:ZZPM0338A E-mail:juliek@ playworldsystems.com
Custom#:CGA0183
Colors:blue,tangerine,
black,white
Posts:Sapphire
Comp:Satinwood
Clamp:Sapphire
Plas:Beige,Green
Pies Comp:
VCI:
VC2:
Side/Sides:
Replacement Part:
/� fk
The above image is a representation of the custom graphic that has been created per your specifications.
Once approved,the custom product typically ships 9 weeks from order entry.
Signature Please print name Date
Playworld Systems standard Custom Graphic design fee of$195.00 per graphic,may be waived by granting
Playworld Systems permission to reuse the graphic and include it in their Custom Graphic Library.
I agree to allow PSI to reuse the Custom Graphic in the Design Library,which waives the fee of$195.00.
Signature Date
FOW69206/02 Playworld Systems,Inc.•1000 Buffalo Road•Lewisburg,PA 17837
Attn:Pat Norman
tr'L�,lnt vv l� From:Julie Karchner
Phone:570.522.9800(Ext.454)
Aunrtt77¢HmBuckMnPf mmdro Fax:570-522-5302
Custom Graphic:LIFESIZE Date:10/01/02
Part#:ZZPM4367 E-mail:juliek@ playworldsystems.com
Custom#:CGLOO63
Colors:blue,yellow,
tangerine,medallion,
black,white L
Posts:Sapphire
Comp:Satinwood
Clamp:Sapphire
Plas:Beige,Green
Plas Comp:
VCI:
VC2:
Side/Sides:
Replacement Part:
72 t
I
The above image is a representation of the custom graphic that has been created per your specifications.
Once approved,the custom product typically ships 9 weeks from order entry.
Signature Please print name Date
roernr92owo2 Playworld Systems,Inc.•1000 Buffalo Road•Lewisburg,PA 17837
- -
HUNT/NGTON SURF AND SPORT
x�a
J
J
(/��Lr�L�,L 111'WOLnSL5� Attn:Pat Norman
From:Julie Karchner
Phone:570.522.9800(Ext.454)
AW Aq The An Back kun ftwoundr. Fax:570.522.5302
Custom Graphic:BANNER Date:10/01/02
Part#:ZZPM4368 E-mail:juliek@ playworldsystems.com
Custom#:CGB0098
Colors:beige,medallion,
yellow,blue,tangerine,
black,white
Posts:Sapphire
Comp:Satinwood O O
Clamp:Sapphire
Plas:Beige,Green
Pies Comp:
VCI:
VC2:
Side/Sides:
Replacement Part:
ab
S
V4 �
O O
The above image is a representation of the custom graphic that has been created per your specifications.
Once approved,the custom product typically ships 9 weeks from order entry.
Signature Please print name Date
r0rak69206/02 Playworld Systems,Inc.•1000 Buffalo Road•Lewisburg,PA 17837
^Rug 07 '02 02: 48p TOI `K SPORTS 909 18714 p• 7
MS-915 MULTISPORT SCOREBOARD
SPECIFICATIONS
Al
H'.0HOME GUE-ST
PERIOD
PERIOD
MS-915-11
This multisport scoreboard displays time to 59:59,HOME and GUEST scores to 99 and
PERIOD to 9.
Model Digit Digit Max Volts Amps Weight
Technology Description Power
MS-915 Incandescent 3x5(1) 2,925 W 20 110 lb(50 kg)
M5-915-11 LED 7 segments (2) 300 W 120 2.5 88 Ib(40 kg)
1201240 or 1201208 V AC
PRODUCT SPECIFICATIONS
PRODUCTSAFETY
APPROVAL: ETL listed to UL Standards 48 and 1433 and tested to CSA standards for
outdoor use.
DIMENSIONS: Height4'0",Width 8'0",Depth 11"(1219 mm,2438 mm,279 mm)
CONSTRUCTION: Alcoa aluminum alloy 5052 for excellent corrosion resistance.
DIGITSANDICATORS: All digits have a nominal size of 15"(381 mm)high.Light dividers and
sunscreens increase visibility and protect digits in Incandescent models.
Digits can be dimmed for night viewing in LED and incandescent models.
CAPTIONS: HOME and GUEST captions are 8"(203mm)high.PERIOD and INNING
captions are on 6"(152mm)high reversible caption panel.Other captions
are white vinyl,applied directly to the display face. Other caption colors
are available upon request.
Notes:
I. All 3x5 digits have 25 watt incandescent lamps.
2. Seven bar segments per digit;red-orange or amber PanaViewlo LED digits. SL061302-3595'Page 1 of 3
DA KT R 0 N I C S I N C For faster service call the appropriate Sales group toll-free:
68&DAKTRONK:S(8W325.8766)General Sales
gag-OAK SCORE(888-325-7267)High SchooVPark$Rec Sales
888-DAK SIGN(888-325.7446)Commercial Sakes
331 32nd Avenue,PO Box 5128,Brookings,SO 57006 800-558.9626 Business communications Sales
Phone:888-325.8766 or605.697-4300 Fax:605-697-4700 888-OAK TIME(888.325-8463)College/University Sales
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Council/Agency Meeting Held:
-'Deferred/Continued to:
Approved El Conditionally Approved ❑ Denied D_ • it CI r 's Signature
Council Meeting Date: February 20, 2001 Department ID Number: C&01412
CITY OF HUNTINGTON BEACH -�
,-,_,
REQUEST FOR COUNCIL ACTION -
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ,.
SUBMITTED BY: RAY SILVER, City AdministratorOW
PREPARED BY: RON HAGAN, Director, Community Services
SUBJECT: APPROVE PREPARATION OF BALLOT MEASURE FOR THE MARCH
2002 SPECIAL ELECTION REGARDING THE LEASING OF SPORTS
CONCESSIONS AT THE HUNTINGTON CENTRAL PARK SPORTS
COMPLEX
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Council asked for an updated opinion from the City Attorney regarding
the need for another Charter Section 612 (Measure C) vote on the Huntington Central Park
Sports Complex.
Funding Source: Revenue Bond Financing
Recommended Action: Motion to:
hockey, batting eages, skate park, BM)(, reek elifribimg, PFOShep 8Md feed 8Md ElFiAlt feei4i4imee—
Alternative Action(s):
1. Do not accept the City Attorney's opinion, and direct staff to prepare Requests for
Proposal to lease five acres of the forty-five acre Huntington Central Park Sports Complex
to concessionaires without a Charter Section 612 (Measure C) vote; or
2. - Direct-staff to-discontinue work on- the HCP Sports Complex, and give staff alternative
direction on how to resolve the lack of athletic field space in Huntington Beach.
Analysis: Mayor Pro Tern Cook and Councilperson Boardman had concerns regarding the
Charter Section 612 (Measure C) vote on the HCP Sports Complex. Attachment 1 is-a--City
Attorney opinion regarding whether another public vote is required for the sports complex. In
summary, the opinion states that the city can proceed with the sports complex without another
vote; however, to lease the concession area, the city would have to go back to the voters.
Concessionaires would operate recreational facilities that may include roller hockey, batting
cages, skate park, BMX, rock climbing, proshop and food and drink facilities. If Council
concurs with the opinion that an additional vote is required to lease five acres of the forty-five
acre Huntington Central Park Sports Complex under the provisions of Charter Section 612
(Measure C), staff will proceed with preparing a March 2002 ballot measure for Council
REQUEST FOR COUNCIL ACTION
MEETING DATE: February 20, 2001 DEPARTMENT ID NUMBER: CS01-012
approval. The ballot measure process can be simultaneous with the Requests for Proposal
process to operate the concessions. This should be completed during the construction
phase of the sports complex. The city has to complete the construction of the sports
complex in order to do the methane and soils mitigation for the eventual concessionaires.
If a public vote is successful on leasing a portion of the sports complex, as soon as the
construction is complete, the concessionaires will move on site to complete the recreation
concession improvements. Any concession agreements recommended to Council will
contain the first year's minimum advanced lease payment to prevent lag time between
concession income and revenue bond payments. Staff has compiled a list of potential
concessionaires from interest letters. The process for selecting concessionaires to
recommend to City Council will be negotiated. Staff will return to Council with the ballot
resolution for approval.
This process should not affect the timeline for completing the sports complex; however, if the
vote for the concession leases is not successful, concession revenue would be lost which
would impact the financial proformas and require other revenue sources or subsidy from the
General Fund.
The proposed timeline is as follows:
Feb. 2001 Council approves preparation of ballot measure, funding scenario and direction to
proceed with requests for proposal for concessionaire
April 2001 Council approves plans, specifications and direction to advertise for bids
July 2001 Council approves award of contract for construction of the sports complex, sale of
revenue bonds, ballot measure resolution for concession leases, and the Requests
for Proposal for concession operators
Aug. 2001 Construction begins on the sports complex
Nov. 2001 Concession proposals received
March 2002 Public vote on concession leases
April 2002 Council approves concession leases if vote was successful
Sept. 2002 Sports complex complete
Oct. 2002 Concessionaire begins construction (if approved)
Feb. 2003 Play begins on sports fields
July 2003 Concession area opens (if approved)
There will be a special election in March 2002, and the cost to add this vote should be under
$25,000.
Environmental Status: Completed EIR on HCP Sports Complex approved by City Council
on December 18, 2000.
Attachment(s):
City Clerk's
Page Number No. Description
1 City Attorney Opinion
sports complex 612 vote -2- 02/13/01 9:50 AM
(19) February 20, 2001 - Council/Ay-,icy Agenda - Page 19
F-5. (City Council) Approve Preparation of Ballot Measure for March 5, 2002 Special
Municipal Election to Place Before the Voters the Issue of Leasing 5 Acres of the
45 Acre Huntington Central Sports Complex to Concessionaires for the Operation
of Recreational Facilities (620.10)
Communication from the Community Services Director responding to the City Council's
request at the February 5, 2001 Council meeting for an updated opinion from the City
Attorney's Office as to whether there is a need for another Charter Section 612
(Measure C) vote on the Huntington Central Park Sports Complex. The City Attorney
opinion dated February 8, 2001 is included.
Recommended Action: Motion to:
DireGt staff to prepare a ballot measure for the MaFGh 2002 speGial eleGtion planing
befGFe the people the issue of leasing five aGres of the forty five aGre Huntington Ge
Park Sports Complex tG GGRGessionaires for the operation of reGreational faGilities tha
may OnGlude roller hGGkey, batting Gages, skate park, BMX, FGGk GlirnbiRg, preshop and
food and drink faGilities.
/ [Community Services Director Ron Hagan presented oral report
on staff report and Late Communication received on item]
�2DN [Direct the complex to be developed as planned and have city
build & operate any concessions and not go to a Measure C
vote - 5-2 (Boardman, Cook No)]
F-6. (City Council) Approve Conceptual Financing with Revenue Bonds for Community
Services Projects Including (1) Huntington Central Park Sports Complex, (2) South
Beach Phase II Improvements and (3) Pacifica Tower Senior Multi-Purpose Center,
18800 Delaware Street (330.30)
Communication from the Acting Director of Administrative Services and the Community
Services Director requesting City Council direction regarding the financing concept for
the Huntington Central Park Sport Complex, South Beach Phase II Improvements, and
the acquisition of the Pacifica Tower for a senior multi-purpose center.
Recommended Action: Motion to:
Approve the concept of financing Community Services projects including the Huntington
Central Sports Complex, South Beach Phase II Improvements, and the Pacifica Tower
Senior Multi-Purpose Center with revenue bonds as outlined herein if Council ultimately
decides to move ahead with any or all of the projects.
[Community Services Director Ron Hagan presented oral report
on staff report and Late Communication received on item]
[Approved 5-2 (Boardman, Cook No)]
ATTACHMENT # 1
1
1
F
J�
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: RON HAGAN, Director of Community Development
FROM: GAIL HUTTON, City Attorney
SUBJECT: Charter Section 612 As Applied to Proposed Sports Complex;
RLS 2000-1207
DATE: February 8, 2001
INDEX: Measure "C;" Charter Section 612; Sports Complex; Finance;
General/Public Property; Public Works; Impairment of Essential
Government Functions
BACKGROUND
In 1990, the voters approved Measure C, which amended Section 612 of the City Charter to
require voter approval of the conveyance of public utilities, parks or beaches, and to require voter
approval of the construction of specified improvements in parks or beaches owned or operated by
the City. (See Measure C ballot materials, a copy of which is attached hereto as Attachment No. 1).
In 1996, the voters approved Measure L, which authorized the construction of certain sports
facilities in an undeveloped.portion of Central Park.. (See Measure L ballot materials, a copy of
which is attached hereto as Attachment No. 2).
On December 18, 2000, the City Council approved C.U.P. No. 00-60 and Variance No. 00-
24. These entitlements represented a request by the Community Services Department to construct a
sports complex on a 45-acre site generally located south of Talbert Avenue between Goldenwest
and Gothard Streets. (See Request for City Council Action dated December 18, 2000, a copy of
which is attached hereto as Attachment No. 3.)
During the Council's discussion of the entitlements for the Sports Complex, several issues
were raised regarding the impact of Charter Section 612 and Measure L on the Council's approval
of the Sports Complex project. You have asked for a legal opinion on these issues, as more
specifically set forth below.
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rls 2000-1207
ISSUES
Question 1: Since the adoption of Measure L, the conceptual plan for the Sports Complex
has changed to include more facilities. Is additional voter approval required to accomplish these
changes?
Answer: No. See our opinion dated April 14, 1998, a copy of which is attached hereto as
Attachment No. 4.
Question 2: Measure L referenced a cost for the described improvements of$1.5 million. It
has since been estimated that the entire Sports Complex project may cost as much as $16 million. In
light of the increase in the estimated cost, is additional voter approval required to authorize the
project?
Answer: No. Charter Section 612 prohibits the construction of any structure costing more
that $100,000 in any park or beach without voter approval. It does not require that the voters
approve the specific amount expended on such structures.
Question 3: Measure L referenced the construction of"a roller hockey and snack bar
concession."Based on the approval of Measure L by the voters, can the City lease a portion of the
Sports Complex to a concessionaire without additional voter approval?
Answer: No. By approving Measure L, the voters authorized the construction of the Sports
Complex. A lease of any portion of the site requires additional approval of the voters.
ANALYSIS
1. Charter Section 612 and Measure L.
Huntington Beach City Charter("Charter") Section 612 was amended in 1990 by a ballot
measure commonly referred to as Measure C. It provides, in pertinent part, as follows:
"(a) No public utility or park or beach or portion thereof now or hereafter owned
or operated by the City shall be sold, leased, exchanged or otherwise
transferred or disposed of unless authorized by the affirmative votes of at
least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such
proposition at a general or specific election at which such proposition is
submitted.
(b) No golf course, driving range, road, building over three thousand square feet
in floor area nor structure costing more than $100,000.00 may be built on or
in any park or beach or portion thereof now or hereafter owned or operated
2
g:4:2001 memos:Sports Complex
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by the City unless authorized by an affirmative vote of at least a majority of
the total membership of the City Council and by the affirmative vote of at
least a majority of the electors voting on such proposition at a general or
special election at which such proposition is submitted.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
the contract is to perform an act or provide a service in a public park
or beach AND
such act was being performed or service provided at the same location
prior to January 1, 1989 AND
the proposed lease, franchise, concession agreement or other_contract
would not increase the amount of parkland or beach dedicated to or
used by the party performing such act or providing such service."
In order to comply with Charter Section 612, Measure L was placed on the ballot to seek
voter approval of the construction of the Sports Complex in Huntington Central Park. Measure L
asked the voters the following question:
"Shall the City of Huntington Beach at a cost of$1.5 million construct lighted soccer
and softball fields, a roller hockey and snack bar concession, parking, restrooms, and
related improvements in an undeveloped portion of Huntington Central Park, south
of Talbert Avenue and east of Goldenwest Street, on property that was formerly a
landfill and mushroom farm?"
Measure L was approved by the voters in November 1996. Subsequently, the City
Council approved the construction of the Sports Complex by adopting CUP No. 00-60 and
Variance No. 00-24 on December 18, 2000.
2. No Further Voter Approval Is Required for Additional Facilities.
Since the approval of Measure L, and prior to the approval of the project entitlements by the
City Council, the conceptual plan for the Sports Complex changed to expand the number of
included sports facilities in the project. We previously addressed this issue in our opinion dated
April 14, 1998 (Attachment No. 4). As discussed at length in that opinion, no additional voter
approval is required to accomplish the changes proposed in the Sports Complex conceptual plan.'
It is interesting to note that based on the intent of Measure C,as found in the ballot arguments submitted by
its proponents,the submission of Measure L to the voters was probably not required. The Measure C proponents argued
that improvements like the Sports Complex did not require a vote: "Improvements such as landscaping,restrooms,
paths,picnic tables,basketball courts,baseball diamonds, soccer fields,etc.,can be done without a vote."(Argument in
Favor of Measure Q. `Ball fields,bike paths, sports fields, equestrian trails,nature centers,basketball courts,small
restaurants,restrooms, showers,picnic tables,and landscaping are permitted under Measure C and a vote is not
required."(Rebuttal to Argument Against Measure Q.
3
g:4:2001 memos:Sports Complex
rls 2000-1207
3. No Further Voter Approval Is Required for Additional Costs.
It now appears that the actual cost for the Sports Complex will be greater than the estimated
figure of$1.5 million as referenced in Measure L. Our understanding is that the additional costs are
primarily related to the mitigation of underground methane gas on the site. The Charter, however,
does not require additional voter approval of the Sports Complex due to an increase in the estimated
cost of the project. This conclusion is apparent not only from the Ballot Argument in Favor of
Measure L, but from the application of the principles of statutory construction, and from a common-
sense standpoint.
Ballot Argument In Favor of Measure L.
The Ballot Argument (see Attachment No. 2) In Favor of Measure L states in relevant part:
"Measure L is a land use vote to approve the construction of a multi-field sport
facility on the Mushroom Farm site. Huntington Beach's City Charter requires a vote for
use of park land.
Funds, $1.5 million, to build the sport fields on the Mushroom Farm would come
from the approval of Measure L, also on today's ballot. This measure is not an
appropriation of funds, this is merely a land use approval." (Emphasis added.)
This ballot argument is extremely strong evidence of the voters' intent in approving Measure
L in 1996. As seen from the statements made in the ballot argument urging voter approval,
Measure L represented "land use approval" for the Sports Complex to be situated on the Mushroom
Farm site within Huntington Central Park. Measure L, according to its proponents, was not deemed
to constitute an appropriation of funds for this project. No change in the project site's land use is
currently proposed or contemplated. Thus, the City Council is free to approve funding for this
project in excess of the $1.5 million sum mentioned in Measure L itself.
Statutory Construction.
When considering an issue of charter interpretation, the Charter itself provides guidance as
to how its provisions should be construed. The Charter states that the "general grant of power to the
City under this Charter shall be construed broadly in favor of the City. The specific provisions
enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general
grant of power and shall be construed narrowly. (Charter, Section 104.)
Common-law rules of statutory construction also provide insight. All parts of the Charter
must be considered together in order to ascertain its true meaning. (McQuillan, Municipal
Corporations, Section 9.22) If there is apparent conflict between two sections, they will be so
construed as to make both effective. (Id.)
4
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rls 2000-1207
Bearing these rules in mind, we first look to the broad grant of power given to the City to
manage its own affairs, including fiscal matters. Section 301 provides that "All powers of the City
shall be vested in the City Council, except as otherwise provided in this Charter." Sections 601
through 605 establish the Council's budgetary authority and power to make appropriations and
amendments or supplements to the budget. Since Section 612 provides a limitation on the broad
powers set forth in the other sections of the Charter, it must be narrowly construed according to the
Charter itself.
The plain language of Section 612 reveals no expressed authority given to the voters to
approve the actual cost of structures that are to be placed in parks or beaches. Rather, the language
provides that "No... structure costing more than $100,000.00 may be built on or in any park or
beach or portion thereof... unless authorized by an affirmative vote of at least a majority of the total
membership of the City Council and by the affirmative vote of at least a majority of the electors
voting on such proposition... ." (Section 612(b).) Construing this language narrowly, as required by
the Charter itself, means that Section 612 only requires that the voters be asked to approve
structures that cost more than $100,000.00, not the actual cost of the structures themselves.
This conclusion is further supported by the common-law principles of statutory construction
discussed above. If Section 612 gave the voters the right to approve the actual cost of park or beach
structures, then Section 612 would conflict with the rest of the Charter, which gives the City
Council the power to adopt the budget, approve expenditures, and amend the budget if necessary.
Since we must construe Section 612 in a manner that gives it meaning, yet does not put it in conflict
with the rest of the Charter, we can only conclude that Section 612 is limited to its expressed
language, and contains no implied power of the voters to approve the actual cost of park or beach
structures.
Common-sense.
Common-sense also dictates our conclusion. If Section 612 were interpreted to give the
voters the power to approve the actual cost of park or beach structures, an election would be
required every time the actual cost of such a structure went a single penny over the estimate
approved by the voters. The correct interpretation of Section 612 does not compel this absurd
conclusion. Section 612 is properly viewed as providing a threshold cost for park or beach
structures. If a structure is anticipated to exceed $100,000.00 in cost, voter approval is required. No
further voter approval is required if the project subsequently goes over budget.
4. Further Voter Approval Is Required for Lease Approval.
Although Measure L provided voter approval of the construction of the Sports Complex, it
did not provide similar approval of the lease of the site to a concessionaire for operation of the
Complex. We previously addressed this issue in our opinion dated March 4, 1999 (Attachment 5).
Measure L expressly authorized the construction of a"roller hockey and snack bar
concession." Consistent with our previous opinion regarding the lease of the entire site, we
conclude that Measure L did not provide authorization for the lease of a portion of the site.
5
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rls 2000-1207
Section 612(a) specifically provides that "No public utility or park or beach or portion
thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or
otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority
of the total membership of the City Council and by the affirmative vote of at least a majority of the
electors voting on such proposition at a general or specific election at which such proposition is
submitted."
This language requires that the sale, lease, exchange or other transfer or disposition be
specifically submitted to the voters for their approval. Measure L did not ask the voters to approve
any such lease; rather, it asked the voters to approve the construction of the Sports Complex.
Therefore, we believe that additional authorization is required to lease of a portion of the site
to a concessionaire. Much as a specific lease must be presented to the City Council for approval, it
must also be presented to the voters for approval as well.
CONCLUSION
For the reasons stated herein, the approval of Measure L by the voters provided sufficient
authorization to construct the Sports Complex under Charter Section 612. It did not, however,
provide similar authorization to lease a portion of the site to a third party concessionaire.
If you have any further questions, please contact me at your earliest convenience.
GAIL HUTTON
City Attorney
cc: Hon. Mayor and City Council-members
Ray Silver, City Administrator
William Workman, Asst. City Administrator
Attachments: 1. Excerpts from Sample Ballot for November 6, 1990 Election
2. Excerpts from Sample Ballot for November 5, 1996 Election
3. Sports Complex RCA dated December 18, 2000
4. Sports Complex Legal Opinion dated April 14, 1998
5. Sports Complex Legal Opinion dated March 4, 1999
6
g*2001memos:Sports Complex
rls 2000-1207
ATTACHMENT NO. 1
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OFFICIAL
SAMPLE BALLOT
and Voter Information Pamphlet
GENERAL MUNICIPAL ELECTION
TUESDAY, NOVEMBER 6, 1990
Compiled and Prepared by
CONNIE BROCKWAY,CITY CLERK
POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M.
L �
Fourth. The following additional paragraph is
MEASURE C added to Section 612 of the City Charter:
(d) If any section, subsection, Part,
subpart, paragraph, clause or phrase of
First. Section 612 of the City Charter is amended this amendment, or any amendment or
to read as follow revision of this amendment, is for any
reason held to be invalid or
$A ITV0IF/?IDI3I J0MTJUff unconstitutional, the remaining sections,
PUBLIC UTILITIES AND PARKS AND BEACHES. subsections, parts, subparts, paragraphs,
clauses or phrases shall not be affected
(a No public utility or park or beach or but shall remain in full force and effect.
portion thereof now or hereafter owned or
operated by the City shall be sold, leased,
exchanged or otherwise transferred or
disposed of unless authorized by the
affirmative votes of at least a majority of the
total membership of the City Council and IMPARTIAL ANALYSIS
by the affirmative vote of at least a majority OF MEASURE C
of the electors voting on such proposition
at a general or special election at which
such proposition is submitted. This proposed ballot measure would amend
section 612 of the City Charter to impose a restriction
Second. The following additional paragraph is on the disposition and use of park and beach lands of
added to Section 612 of the City Charter: the city.
(b) No golf course, driving range, road, Any sale, lease or other disposition of park or
building over three thousand square feet in beach lands or portion thereof now owned or hereafter
floor area nor structure costing more than owned or operated by the city would be subject to the
$100,000.00 may be built on or in any park prior affirmative vote of a majority of the members of
or beach or portion thereof now or the City Council and of the electors voting thereon at
hereafter owned or operated by the City an election mandated by the measure. Council and
unless authorized by the affirmative votes voter approval is also required prior to construction of
of at least a majority of the total any road, golf course, driving range, building larger
membership of the City Council and by the than 3000 square feet in floor area or of any structure
affirmative vote of at least a majority of the costing more than $100,000.00 within any city owned
electors voting on such proposition at a or operated park or beach.
general or special election at which such Exempted from approval requirement are
proposition is submitted. libraries, piers, existing leases, franchise and
concession agreements or other contracts in cases
Third. The following additional paragraph is where:
added to Section 612 of the City Charter: 1. a contract is to perform an act or provide a
(c) Section 612 (a) and (b) shall not apply: service in a public park or beach, which act
1. to libraries or piers: or service was already being performed on
2. to any lease, franchise. concession January 1, 1989; and
agreement or other contract where; 2. there is no increase in the quantum of park
the contract is to perform an act or or beach land dedicated to or used by the
provide a service in a public park or party performing such act or used for such
beach AND previously authorized act or service.
such act was being performed or
service provided at the same GAIL HUTTON
location prior to January 1, 1989 AND City Attorney
the proposed lease, franchise,
concession agreement or other
contract would not increase the
amount of parkland or beach
dedicated to or used by the party
Performing such act or providing
such service.
ARGUMENT IN FAVOR OF REBUTTAL TO ARGUMENT IN
MEASURE C FAVOR OF MEASURE C
The Amendment before you allows the citizens of Don't be fooled by Measure C. If you read the fine
Huntington Beach to have a direct vote in any future print, it is designed to exclude the majority of
commercial development or sale of the city's parks residents, young and old alike, from enjoying the full
and beaches. Currently, citizen participation is use of our parks and beaches. The sponsors have a
indirect. Knowledgeable citizens may contact their vested interest in keeping our park system
elected city council with opinions. The city council incomplete. They are a special interest group, a
then makes their final decisions. minority of residents, who want to keep our kids,
This system has failed. Information concerning seniors andthe rest of us out!
potential commercial development within the city's MEASURE C will require a general election or costly
parks and beaches, and information concerning ($100,000) special election for any expansion or
important park land transactions, has not been improvement to our park system larger than 3,000 sq.
reaching the citizens of Huntington Beach. The ft. or costing more than$100,000.
citizens cannot participate in these vital decisions
unless our elected officials disseminate the needed MEASURE C will jeopardize the proposed Rodgers
information. Senior's Center Expansion, the Youth Shelter, the
The Charter Amendment will correct these Youth Sports Center and the implementation of the
deficiencies. The Amendment will require that any Linear Park in the Bolsa Chica. In addition, most
major commercial development or land sale within the improvements such as landscaping, restrooms, bike
parks and beaches of Huntington Beach be approved paths, basketball courts, baseball diamonds, soccer
by a majority of the voters at a general election. A fields cannot be done if costing over$100,000 without
special election is not required. The Charter a general election or special election.
Amendment guarantees the public be informed of any MEASURE C is unwieldy, restrictive, expensive, flawed
proposed park changes, allows full public debate on and poorly written. It is a divisive and costly solution to
these matters, and, finally, allows the public a direct a non-existent problem and is guaranteed to be a
vote on development or sale of these public lands. bureaucratic nightmare.
Improvements such as landscaping, restrooms, We taxpayers don't need the expense of additional
paths, picnic tables, basketball courts, baseball elections and political campaigns. Let's spend our
diamonds, soccer fields, etc. can be done without a money on park improvements for all of us.
vote. Future pier and library projects are exempt from
the Charter Amendment as are existing leases. VOTE NO ON MEASURE C and protect our kids,
Within a decade Huntington Beach will reach build- seniors and the majority of our residents' rights to
out. The only remaining vacant land will be your parks enjoy the full use of our parks and beaches.
and beaches. Voting YES on the Charter Amendment
will place control of your public park land in the voter's
hands and out of the reach of developers and special Tom Duchene, H. B.Youth Sports Committee
interest groups.
James Townsend, Citizen/Senior
Grace Winchell, H.B. Councilmember Art Aviles Jr., President, H.B.Chamber of Commerce
Ruth Finley,former H.B. Mayor Jim Silva, Councilman
Geri Ortega,Chairman H.B. Planning Commission Wes Bannister, Councilman
Debbie Cook,Chairman SAVE OUR PARKS The forecoi-a instrument is a correct copy of
the on,-ir.a on-file,in this office.
Norma Brandel Gibbs,former Mayor
AA
Attest ------. ....._ .. 1...19�.�.
--------------------.A,V,4u.4
City Clerk and Ex-Officio Clerk of the C' y
Council of the City of Huntington Beach, Cal,
ARGUMENT AGAINST REBUTTAL TO ARGUMENT
MEASURE C AGAINST MEASURE C
The only threat to our parks and beaches is this Those who are opposed to Measure C have either not
measure. The Huntington Beach parks and recreation read this measure or are intentionally trying to mislead
system now has over 1700 acres and an additional you. Here are the facts.
1100 recreational acres are to be added. The City of H.B. owns 641 acres of park land, half of
Unfortunately over 500 acres.of existing park land is which is Central Park. Central Park was created by the
still dirt lots and abandoned oil fields. citizens at the ballot box. Special interests are
Voting for this measure will: constantly pressuring our elected officials to surrender
Stop expansion of recreational facilities for our kids. public land for their private use. Thirty-five separate
projects ranging from RV parks to toxic transfer
Jeopardize the completion of much needed park stations to hotels have been studied for the
and recreation improvements. undeveloped portions of Central Park.
Require money to be spent on elections rather than The City owns one mile of beach. Developers are
on the enhancement of our park system. proposing lease agreements to build semi-private
All sports and recreation facilities, whether they be clubs and exclusive restaurants on the ocean side of
kids' ball fields, an extension of the bike path, the Pacific Coast Highway.
youth sports center or additional equestrian trails and Those opposed to Measure C are the special interest
nature centers,will require either a general election, or groups seeking to take our recreation land for the
a $100,000 special election. You and I will bear the purpose of their financial gain.
cost of these elections.
What Measure C does do is give the voters the right to
Who will organize and run the campaigns? Our kids? review sales, leases, transfers and exchanges of park
How will park and recreation improvements make the and beach land.
ballot? Who will convince the voter across town to pay gall fields, bike paths, sports fields, equestrian trails,
for the park improvements in your neighborhood? Will p p q
you vote and pay for improvements in theirs? nature centers, basketball courts, small restaurants,
restrooms, showers, picnic tables, and landscaping i
Our representative government has proven itself to be are permitted under Measure C and a vote is not
the most effective and responsive. If we don't like our required. Special elections are never required.
representatives' decisions, we can replace them. The
sponsors of Measure C want to overthrow the system, Join every public interest group, environmental group,
not improve it! the overwhelming majority of residents, and respected
This measure is a divisive and costly solution t public officials. Vote yes on Measure C. SAVE OURo a non- PARKS AND BEACHES!
existent problem.
Don't let special interest groups politicize our park
system and divide our community. The sponsors of Grace Winchell, Councilwoman
this measure have a vested interest in keeping our Geri Ortega, Chairman, Huntington Beach Planning
park system incomplete and unsafe. They are the few Commission
who want to keep y u and our kids out!
LET'S SPEND OUR MONEY ON PARK
Mark Porter, Former Chairman, Huntington Beach IMPROVEMENTS FOR OUR KIDS, NOT COSTLY Planning Commission
POLITICAL CAMPAIGNS FOR SPECIAL INTEREST
GROUPS.
VOTE NO ON MEASURE C The foregoing instrument is a correct cop ot;=
Jim Silva, Councilman, City of Huntington Beach the original on file in this office.
Pat Davis, Citizen, Huntington Beach Attest ....... q _19: Q
Tom Duchene, Huntington Beach Youth Sports
- _ _
Committee City Clerk and Ex-Officio Clerk of the ,;ty
Art Aviles, Jr., President, Huntington Beach Chamber Council of tie City of Huntington Beach, Cal.
of Commerce
ATTACHMENT NO. 2
SAMPLE BALLOT
E
OFFICIAL BALLOT 1 HAVE VOTED—HAVE YOU?
i
i
GENERAL ELECTION
COUNTY OF ORANGE
November 5, 1996
This ballot stub shall be tom off by precinct board
member and handed to the voter.
�; MEASURES SUBMITTED TO VOTE OF VOTERS
STATE
K"
'..
HEALTH CARE. CONSUMER PROTEC- Yes COUNTY OF ORANGE+
214 TION. INITIATIVE STATUTE. Regulates
health care businesses.Prohibits discouraging No + Shall Section 1.2.9,which would establish a Yes +
health care professionals from informing patients A consecutive term limitation of two(2)consecu-
or advocating treatment. Requires health care businesses to five four(4)year terms for the office of member No +
establish criteria for payment and facility staffing. Fiscal Impact: of the Board of Supervisors,be added to the
Increased state and local government costs for existing health Codified Ordinances of Orange Coun
programs and benefits,probably in the tens to hundreds of millions g
of dollars annually.
CITY OF HUNTINGTON BEACH
MEDICAL USE OF MARIJUANA.INITIATIVE Yes + ADVISORY VOTE ONLY.Should the City of Yes +
215 STATUTE. Exempts.from criminal laws pa- J Huntington Beach construct:a sports field on
tients and defined caregivers who possess or No + an undeveloped portion of Huntington Central No +
cultivate marijuana for medical treatment re- Park;athletic field lighting at high schools;a
_; commended by a physician.Provides physicians who recommend public gymnasium at Murdy Community Center;and fund youth
use shall not be punished.Fiscal Impact:Probably no significant %. sports field grants by establishing a ten year citywide assessment
'M fiscal impact on state and local governments. district for a total of$11.5 million at a maximum annual cost of:$24
per single family residence;$10 per mulfi-family unit;and$5 per
business and mobile home unit?
HEALTH CARE. CONSUMER PROTEC- Yes +
216 TION.TAXES ON CORPORATE RESTRUC-
TURING. INITIATIVE STATUTE. Regulates No + Shall the City of Huntington Beach at a cost of Yes +
health care businesses.Prohibits discouraging K $1.83 million construct a gymnasium and re-
health care professionals from informing patients.Prohibits condi lated improvements,and reconfigure existing No +
i - boning coverage on arbitration agreement. Establishes nonprofit parking at Murdy Community Center,east of
consumer advocate. Imposes taxes on corporate restructuring. Goldenwest Street,south of Norma Drive,to provide youth,adult
Fiscal Impact:New tax revenues,potentially hundreds of millions of and senior exercise classes,basketball,volleyball and other rec-
! dollars annually,to fund specified health care.Additional state and reationlsports activities?
! local government costs for existing health programs and benefits,
probably tens to hundreds of millions of dollars annually.
' Shall the City of Huntington Beach at a cost of Yes +
t F $1.5 million construct lighted soccer and soft
TOP INCOME TAX BRACKETS. REIN- Yes + �' ball fields,a roller hockey and snack bar con- No +
217 STATEMENT. REVENUES TO LOCAL cession,parking,restrooms,and related
No + improvements in an undeveloped portion of Huntington Central
AGENCIES.INITIATIVE STATUTE.Re CAL
tively reinstates highest tax rates on taxpayers Park south of Talbert Avenue and east of Goldenwest Street,on
with taxable income over$115,000 and$230,000(current esti- property that was formerly a landfill and mushroom farm?
mates)and joint taxpayers with taxable incomes over$230,000 and
$460,000(current estimates).Allocates revenue from those rates
to local agencies.Fiscal Impact:Annual increase in state personal
income tax revenues of about$700 million,with about half the
revenues allocated to schools and half to other local governments.
VOTER APPROVAL FOR LOCAL GOVERN- Yes +MENT TAXES. ON FEES ASL
}_
1 218 SESSMENTS,ANDITATIONS CHARGES.INITIAT VE No +
CONSTITUTIONAL AMENDMENT.Requires
a majority of voters to approve increases in general taxes.Requires
property-related assessments,fees,charges be submitted to prop-
erty owners for approval.Fiscal Impact:Short-term local govem- =
1 ment revenue losses of more than$100 million annually.Long-term
_ local government revenue'losses of potentially hundreds of millions
of dollars annually.Comparable reductions in spending for local -
jpublic services.
30-E901 E 30-E916 E
TURN CARD OVER TURN CARD OVER
30-SB772 III IIIIIIIII I II IIIIIIIIIIIII III
IMPARTIAL ANALYSIS BY CITY ATT"—`�EY ARGUMENT'"FAVOR OF MEASURE J
. ,
MEASURE J
'CITY OF HUNTINGTON BEACH The Huntington Beach City Council and Community leaders urges y4ld
Advisory Measure:
to invest in the future of our children and our City.
WHY?
This measure asks: There are approximately 19,000 registered participants in city and
ADVISORY VOTE ONLY: "Should the City of Huntington Beach community youth sport programs in the City. This compares to 8,000
construct:a sports field on an undeveloped portion of Huntington ten years ago.
Central Park; athletic field lighting at high schools;a public gym- Youth Sports is a proven method for developing constructive behav-
nasium at Murdy Community Center;and fund youth sports field for in our youth and is a cost effective way to combat negative behavior.
grants by establishing a ten year citywide assessment district for The City currently provides few or no facilities for these activities,the
total of$11.5 million at a maximum annual cost of: burden rests entirely on school sites,.which are being lost.
$24 per single family residence; COST?
$10 per multi-family unit;and NO Borrowing
$5 per business and mobile home unit?" NO Interest cost
Effect of the measure on the existing law: NO land acquistion +
As a matter of law,this measure would have no effect on existing All funds separate from Huntington-Beach's General Fund
law because it is an"advisory vote only."
Maximum term 10 years
Operation of them sure: A maximum of$2.00 per month per household ,
The measure would operate as an"advisory vote only"and thus WHAT?
would not operate to actually approve or disapprove the construc- . Sport fields - 4 softball and 6 soccer/football lighted fields, roller
tion of the improvements reflected therein. The measure is in- hockey, rest rooms&parking on Mushroom farm site-$1.5 million.
tended to provide information to the City Council on whether the Fields for soccer/football, baseball and softball at Peterson &
Huntington Beach voters are,or are not,in favor of such construc- Parkview Schools,Murdy&Edison Community Center-$1.5 million.
tion and financing proposals. Full size Gym at Murdy Park-$1.83 million.
The City Council would not be bound by this"advisory vote only." Public Aquatic facility with 50 meter and recreational pool at Ocean
If the City Council wishes to proceed with the construction of the View High School-$2.8 million.
sports field at Huntington Central Park and the public gymnasium Lights for High School soccer/football, softball & baseball fields -
at Murdy Community Center,there would still need to be a new $600,000
affirmative vote of at least a majority of the electors voting on a Matching funds Grant program of$300,000 per year($3 million total)
proposition to build on or in such parks,in addition to the affirmative to improve existing facilities with youth groups.
vote of at least four(4)members of the City Council to authorize WHEN?
actual construction. The assessment district would likewise re-
quire the affirmative vote of at least four City Council members for A pay-as-you-go program spread over 10 years.
approval. MAINTENANCE?
All maintenance and.operating costs will be covered by reasonable
user and tournament fees.
Vote YES on Measures J,K,&L
AN INVESTMENT IN OUR YOUTH IS AN INVESTMENT IN YOUR
FUTUREI
Funds raised by an assessment district can only be used on items
defined by the assessment.This is the most cost effective way to develop
needed community facilities.
VOTE YES on Measure J
s/Chuck Beauregard-Chairman Save Our Kids
s/Tom Harman-Huntington Beach City Councilmember
s/Ralph Bauer-Huntington Beach City Councilmember
s/Victor Leipzig-Huntington Beach City Councilmember
s/Shirley Dettloff-Huntington Beach City Councilmember
NO ARGUMENT AGAINST THIS MEASURE
WAS SUBMITTED
30-130
IMPARTIAL ANALYSIS Bl _. Y ATTORNEY IMF. ,AL ANALYSIS BY CITY ATTORNEY
MEASURE K MEASURE L
CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH
This measure asks: This measure asks:
"Shall the City of Huntington Beach at a cost of $1.83 million "Shall the City of Huntington Beach at a cost of $1.5 million
construct a gymnasium and related improvements,and reconfig- construct lighted soccer and softball fields, a roller hockey and
ure existing parking at Murdy Community Center,east of Golden- snack bar concession, parking, restrooms, and related improve-
west Street, south of Norma Drive, to provide youth, adult and ments in an undeveloped portion of Huntington Central Park,south
senior exercise classes, basketball, volleyball and other recrea- of Talbert Avenue and east of Goldenwest Street,on property that
tion/sports activities?". was formerly a landfill and mushroom farm?"
Effect of the measure on the existina law: Effect of the measure on the existing law:
Existing City Charter Section 612 requires an affirmative vote of Existing City Charter Section 612 requires an affirmative vote of
at least a majority of the electors voting on a proposition to build at least a majority of the electors voting on a proposition to build
on or in any park or beach certain structures,buildings or roads, on or in any park or beach certain structures, buildings or roads;
etc.The measure does not alter such existing law. etc.The measure does not alter such existing law.
Operation of the measure: Operation of the measure:
This measure would satisfy the vote requirements mentioned If any of the improvements contemplated by the measure are on
above if at least a majority of the electors voting, voted "yes." City park land,this measure would satisfy the vote requirements
Thereafter,the affirmative vote of at least 4 members of the City mentioned above if at least a majority of the electors voting,voted
Council would still be required to authorize the actual construction. "yes." Thereafter, the affirmative vote of at least 4 members of
the City Council would still be required to authorize the actual
construction.
ARGUMENT IN FAVOR OF MEASURE K ARGUMENT IN FAVOR OF MEASURE L
VOTE YES on Measures J,K,and L VOTE YES on Measures J,K,and L
Measure K is a land use vote to approve. the construction of Measure L is a land use vote to approve the construction of multi-field
Gymnasium at Murdy Park as required by the Huntington Beach City Charter. sport facility on the Mushroom Farm site. Huntington Beach's City
Charter requires a vote for use of park land.
Approval is desired to build a badly needed Gym adjacent to the This is the lynch pin of Measures J.K.and L.The approval of this
existing Community Center at Murdy Park.Murdy Park i located north land use proposal will allow the construction of a youth/adult sport field
of Warner Ave off of Goldenwest St. By building the facility next to the facility at the old Mushroom farm,the undeveloped land across Golden-
existing Community Center, existing staff can be utilized, reducing west St.from the Equestrian Center.
operating costs.
A Gym with three basketball courts or six volleyball courts would pay The Mushroom Farm is the only cost effective site within the City fo;
this facility.
for its own maintenance and operating cost through reasonable user.
and tournament fees. The facility would have 4 adult size softball fields, 6 soccer/footbal
! The facility would allow youth,adult,and senior exercise classes,as field and 2 roller hockey rinks.All fields will be lighted with concessior
well as basketball, volleyball and other recreation activities to be held and rest room facilities.
through out the day.It would offer a positive alternative for children after These fields would allow relocation of existing adult softball leagueE
school hours,weekends and evenings. from Murdy and Edison Community Centers,freeing those areas for use
Moneys to build the Gym, $1.83 million, would come from the by youth leagues.This measure will not cause the loss of any adult field:
approval of Measure J also on this ballot. This measure is not an but will increase youth sports areas.Youth Sport programs are beinc
t appropriation of funds,this is merely a land use approval. overwhelmed by growth. Young female athletes and their parent
If you feel our community land should be used constructive) to have discovered the enrichment of sports. Facilities are needed city
Y Y Y wide for adult and youth programs.
improve the quality of life in Huntington Beach and developed for all The facility would be used throughout the year for league play an(
citizens,young and old,then you must— tournaments generating enough revenue through reasonable user an(
VOTE YES on Measure J, K, L They work together to make tournament fees to support the City's recreational programs and cove
Huntington Beach a better place to live. the facility's annual operating and maintenance costs.
AN INVESTMENT IN OUR YOUTH IS AN INVESTMENT IN YOUR Funds,$1.5 million,to build the sport fields on the Mushroom Farr
FUTURE! would come from the approval of Measure L,also on today's ballot.Thi
VOTE YES on MEASURE K measure is not an appropriation of funds, this is merely a land us
approval. .
s/Chuck Beauregard-Chairman Save Our Kids VOTE YES on Measures J,K,and L
s/Tom Harman-Huntington Beach City Councilmember AN INVESTMENT IN OUR YOUTH IS AN INVESTMENT IN YSZU
FUTURE.
s/Ralph Bauer-Huntington Beach City Councilmember VOTE YES on Measure L
s/Victor Leipzig-Huntington Beach City Councilmember
s/Shirley Dettloff-Huntington Beach City Councilmember
s/Chuck Beauregard-Chairman Save Our Kids
s/Tom Harman-Huntington Beach City Councilmember
NO ARGUMENT AGAINST THIS MEASURE s/Ralph Bauer-Huntington Beach City Councilmember
WAS SUBMITTED s/Victor Leipzig-Huntington Beach City Councilmember
s/Shirley Dettloff-Huntington Beach City Councilmember
NO ARGUMENT AGAINST THIS MEASURE
WAS SUBMITTED
30-131 III I IIIIII II II UI I I I(
ATTACHMENT NO. 3
2
-.1A
c:ITY OF HUNTINGTON BEAGn 2 .d K
MEETING DATE: December 18, 2000 DEPARTMENT I UMBER: PL00-70
Council/Agency Meeting Held: lb—w
Deferred/Continued to: W9
Ap roved ❑ Conditionally Approved ❑ Denied D=.Ptdtyt6T2ignature
Council Meeting Date: December 18, 2000 Department ID Number: PL00-70
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION ` '
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS =
SUBMITTED BY: RAY SILVER, City Administrator�.d/ 7-
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 00-60NVARIANCE NO.
00-24 APPEAL (HUNTINGTON CENTRAL PARK SPORTS
COMPLEX)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is an appeal by the Community Services Department of
the Planning Commission's approval of Conditional Use Permit No. 00-60 and Variance No.
00-24. The application represents a request to construct a sports complex on a 45-acre site
with a variance to landscaping. The appeal is based on the Planning Commission's action to
include condition 7(y) which requires a signalized pedestrian crosswalk on Goldenwest
Street, adjacent to the Goldenwest Plaza within the sports complex.
The Planning Commission approved the request with condition 7(y) (Recommended Action
- A) to address concerns regarding pedestrian safety. The applicant's request is to delete
condition 7(y) and pursuant to action by the Public Works Commission add a four foot high
continuous weatherized fence along the west side of the meandering sidewalk within the
sports complex adjacent to Goldenwest Street. Staff concurs with the applicant's request.
(Recommended Action - B).
Funding Source: Not applicable.
PL00-70 -2- 11/30/00 3:54 PM
REQUEST FOR ACTION
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PL00-70
Recommended Action:
-Medea-te=-
kUse-PeFrxnF"o-00-60-and-V-ari anee-No--E10-24-with-findings--and--sonditions-
GIAM NT
Planning-eommission Action-on October 24—2000:
T 4E--MOTION--MADE-BY-SPEAKER,,SECONDED-,BY BIDDL-E,-TO APPROVE-CONDITIONAL--USE
+IE -Ne-w-00-60 AND VARIANCE---NO:--00-24,WITH---FINDINGSAND.-C-ONDfTIONS--OF
L69ING-GQN,D IT4 0 N-7- lY)-(A-TFACHMEN-T NO.1}-GAR RIED-BYx-T—HE-EOLLOWING-
VOTE
AYES.— --Ll ENGOOD;BIDDL-E7MANDIC-,-SHOMAKER,-SPEAKER;CHAPMAN-----
--NOES- --T WNS
NeNE-
—MO-T40".:PASSED
B. STAFF RECOMMENDATION AND APPLICANT'S REQUEST:
Motion to:
"Approve Conditional Use Permit No. 00-60 and Variance No. 00-24 with findings and modified
conditions of approval with the deletion of condition 7(y) and the addition of condition 1(j) requiring a
four foot high fence (ATTACHMENT NO. 2)."
Alternative Action(s):
The City Council may make the following alternative motion:
"Continue Conditional Use Permit No. 00-60 and Variance No. 00-24 and direct staff
accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: Ron Hagan, Community Services Department, 2000 Main Street, Huntington
Beach, CA 92648
PL00-70 -3- 11/30/00 3:54 PM
REQUEST FOR ACTION
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PL00-70
Location: South side of Talbert, between Goldenwest Street and Gothard Street (in
Central Park)
Conditional Use Permit No. 00-60 represents a request for the following:
A. To construct a sports complex on a 45 acre site pursuant to Section 213.06, Open
Space District Land Use Controls of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO).
B. To allow development on a site with greater than a three (3) foot grade differential
between the low point and high point pursuant to Section 230.70 of the HBZSO.
C. To allow walls and fences up to a maximum height of 30 feet in lieu of 3.5 feet within the
front, interior side, and rear yards pursuant to Section 230.88(A)(11) of the HBZSO.
Variance No. 00-24 is a request to allow a 20-foot landscaped setback in lieu of 25 feet for
an 85-foot portion along Gothard pursuant to Sections 241.04 and 213.08 of the HBZSO.
The sports complex is proposed to have the following amenities:
a) Eight lighted softball fields overlaid with eight soccer fields;
b) Two 1,680 square foot, 25.5 feet high concession stands/restroom buildings;
c) One 900 square foot, 13.5 feet high maintenance building;
d) Two tot lots with play equipment for children 2-5 years old and 5-12 years old;
e) An 858 space parking lot with two pick-up/drop-off areas
These facilities will be operated by the City from approximately 4:00 p.m. to 10:30 p.m.
Monday through Friday and 8:00 a.m. to 10:30 p.m. Saturday and Sunday for league play. It
is possible that the fields may also be used during the day Monday through Friday by
reservation through the City. The maintenance building will be used to store trap fencing,
chalk dust and other maintenance items needed for the Sports Complex. At a later phase,
four roller hockey rinks and one batting cage run by concessionaires are anticipated. These
uses will be subject to approval of a separate entitlement. The applicant has indicated that
the request is necessary because there is an insufficient number of sports fields to serve the
growing number of youth and adults participating in sports programs within the city.
B. BACKGROUND
In 1997, the City Council approved the Sports Complex Master Plan. In August 1999, the
EIR was certified by City Council. Authorization to prepare plans and specifications was
given by the City Council in November 1999.
PL00-70 4- 11/30/00 3:54 PM
REQUEST FOR ACTION
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PL00-70
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On October 24, 2000, the Planning Commission held a public hearing on the proposed
project. The applicant spoke on behalf of the project. There were no other persons who
testified at the public hearing (ATTACHMENT NO. 6). Following the public hearing and
discussion, the Planning Commission approved the request with modified conditions
including the addition of condition 7(y) which requires a signalized pedestrian crosswalk on
Goldenwest Street, adjacent to Goldenwest Plaza within the sports complex.
D. APPEAL:
On October 26, 2000, the applicant appealed the Planning Commission's action to approve
the project with the inclusion of condition 7(y). The appeal (ATTACHMENT NO. 4) indicates
that condition 7(y) involves a traffic engineering issue. Therefore, the City's Public Works
Commission should decide if a traffic signal for pedestrians is appropriate.
The Public Works Commission, at their November 15, 2000 meeting, recommended that the
City Council delete condition 7(y). In addition, they also recommend the addition of a four
foot high continuous weatherized fence along the west side of the meandering sidewalk
within the sports complex adjacent to Goldenwest Street to.d iscou rage 'random pedestrian
crossings of Goldenwest Street in this area.
E. STAFF ANALYSIS AND RECOMMENDATION:
The project's environmental impacts, including traffic, access, and circulation were analyzed
under Environmental Impact Report No. 99-1 which was certified by the City Council in
August 1999. The EIR included a traffic study prepared in accordance with the City's
guidelines which evaluated driveway access points and parking demand, among other
issues. It recommended four vehicular access points as follows:
• Main access off Goldenwest (± 700 feet south of Talbert Avenue) serving north and south
bound traffic. This driveway is directly opposite the driveway serving the disc golf course
and includes a landscaped median;
• Secondary access off Goldenwest (± 1000 feet south of Talbert Avenue) serving
northbound traffic only;
• Secondary access off the existing Talbert Avenue cul-de-sac west of the library;
• And secondary access off the existing Talbert Avenue cul-de-sac to the east of the library.
The traffic study found that traffic signals for vehicles and pedestrians are not warranted at
either driveway locations along Goldenwest. Presently, pedestrians can cross Goldenwest
Street at Ellis Avenue and Talbert Avenue next to the central library. City traffic engineering
staff, in their report to the Public Works Commission (Attachment No. 7) also noted that the
PL00-70 -5- 11/30/00 3:54 PM
REQUEST FOR ACTION
MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PL00-70
minimum conditions requiring a pedestrian crossing pursuant to the State's Traffic Manual
are not likely to be met under the planned development of Huntington Central Park based on
the following:
• Adequate off street parking will be provided within Central Park on both sides of
Goldenwest (over 800 parking spaces will be included on the Sports Complex site with
two drop-off areas on site).
• The uses in the sports complex should not generate pedestrian traffic to and from the
existing equestrian center on the west side of Goldenwest Street.
In lieu of installing an unwarranted signalized pedestrian crossing, both the Public Works
Commission and staff recommend the addition of a four foot high continuous weatherized
fence along the west side of the meandering sidewalk within the sports complex adjacent to
Goldenwest Street. The.fence in conjunction with the landscape slope along Goldenwest
should discourage random pedestrian crossings of Goldenwest Street and instead direct
pedestrians to the existing signalized crosswalks at Talbert and Ellis Avenue.
Environmental Status:
This project was analyzed under Final Environmental Impact Report No. 99-1 which was
certified by the City Council in August 1999. All applicable mitigation measures from the EIR
have been included in the recommended conditions of approval.
Attachment(s):
NumberCity Clerk's
Page Description Findings and Conditions of Approval (Planning Commission
recommendation)
2 Findings and Conditions of Approval (Staff Recommendation)
3 Site Plans, floor plans, and elevations received and dated September
8, 2000
4 Appeal letter dated October 26, 2000
5 Planning Commission Staff Report dated October 24, 2000
6 Planning Commission Minutes dated October 24, 2000
7 Public Works Commission Staff Report dated November 15, 2000
RCA Author: Ricky Ramos/Mary Beth Broeren
PL00-70 -6- 11/30/00 3:54 PM
ATTACHMENT NO. 4
CITY OF HUNTINGTON BEACH
ViaINTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Ron Hagan,Director of Community Services
FROM: Gail Hutton, City Attorney
DATE: April 14, 1998
SUBJECT: Sports Facilities in Central Park
RLS 97-626; 97-894
INDEX: Measure C; sports complex; Measure L
BACKGROUND
In November 1996,the voters adopted Measure L. The intent of Measure L was to obtain voter
approval for the construction of certain sports facilities in Central Park, as required by
Huntington Beach City Charter Section 612. Since the adoption of Measure L, several changes
to the conceptual plan have been proposed, including the addition of a batting cage, more
parking, a second tot lot, a second restroom/concession, and changing a practice field area to
competition fields.
ISSUE .
Is additional voter approval required to accomplish the changes discussed above?
ANSWER
No.
ANALYSIS
Charter Section 612.
In 1990, the City Charter was amended(Measure C)to provide some restraints on the City
Council's use or disposition of parkland. It reads as follows:
Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES.
(a)No public utility or park or beach or portion thereof now or,hereafter owned or
operated by the City shall be sold, leased,exchanged, or otherwise transferred or disposed
of unless authorized by the affirmative votes of at least a majority of the total
membership of the City Council and by the affirmative vote of at least a majority of the
1
g:4:98 memos:centpark
rls 97-626&97-894
electors voting on such proposition at a general or special election at which such
proposition is submitted.
(b)No golf course, driving range, road, building over three thousand square feet in floor
area nor structure costing more than$100,000.00 may be built on or in any park or beach
or portion thereof now or hereafter owned or operated by the City unless authorized by
the affirmative votes of at least a majority of the total membership of the City Council
and by the affirmative vote of at least a majority of the electors voting on such
proposition at a general or special election at which such proposition is submitted.
(c) Section 612(a) and 612(b) shall not apply:
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
the contract is to perform an act or provide a service in a public
park or beach AND
such act was being performed or service provided at the same
location prior to January 1, 1989
AND
- the proposed lease, franchise, concession agreement or other
contract would not increase the amount of parkland or beach
dedicated to or used by the parry performing such act or providing
such service.
This language prevents the City from adopting a lease or other disposition of any portion of a.
public utility, park or beach owned or operated by the City without authorization by an
affirmative vote of the majority of the City Council, and a similar vote of the electors of the City.
It also prevents a golf course, driving range, road, building over three thousand square feet in
floor area or structure costing more than$100,000.00 from being built on or in any park or beach
or portion thereof without authorization from a similar vote by the Council and the electors. It
allows for some narrow exceptions to these requirements for libraries or piers, and for contracts
for preexisting services.
Measure L.
In order to gain voter approval of the construction of proposed sports facilities in Central Park,
Measure L was submitted to the voters in 1996. It reads as follows:
Shall the City of Huntington Beach at a cost of$1.5 million construct lighted
soccer and softball fields, a roller hockey and snack bar concession,parking,
restrooms, and related improvements in an undeveloped portion of Huntington
Central Park, south of Talbert Avenue and east of Goldenwest Street, on property
that was formerly a landfill and mushroom farm?
Analysis of Measure L. The intent of Measure L was to provide voter authorization for the
construction of sports improvements in an undeveloped portion of Central Park. Only a few
2
g:4:98 memos:cent park
ds 97-626&97-894
specific improvements are mentioned, namely"lighted soccer and softball fields, a roller hockey
and snack bar concession,parking, restrooms, and related improvements."The use of the term
"related improvements" is particularly beguiling. One could argue that nearly any improvement
is somehow"related"to lighted soccer and softball fields, a roller hockey and snack bar
concession,parking, and restrooms.
All of the above listed items are mentioned in the plural, except for"a roller hockey and snack
bar concession," which is listed in the singular. Given the general, non-specific nature of the
language of Measure L, and particularly the use of the term"related improvements,"we believe
that changing the conceptual plan to add more lighted soccer and softball fields,parking,
restrooms, and related improvements does not require another vote of the people under Charter
Section 612. However, since Measure L referred to only one"roller hockey and snack bar
concession,"a change in the plan to build another"roller hockey and snack bar concession"
would require another Section 612 vote.
CONCLUSION
The current proposal is to add a batting cage,more parking, a second tot lot, a second
restroom/concession, and to change a practice field area to competition fields. All of these items
are arguably "related improvements"as referred to in Measure L. Therefore, no additional vote
of the people is required.
GAIL HUTTON
City Attorney
3
g:4:98 memos:centpark
ris 97-626&97-894
RESOLUTION NO. 96-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY,NOVEMBER 5, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE
VOTERS PURSUANT TO CITY CHARTER§ 612, TWO QUESTIONS RELATING TO
CONSTRUCTION ON PARK LAND. ALSO FOR THE SUBMISSION TO THE VOTERS AN ADVISORY
'\1EASURE REGARDING THE FORMATION OF A CITYWIDE ASSESSMENT DISTRICT TO
IILPROVE EXISTING RECREATION FACILITIES AND CONSTRUCT NEW RECREATIONAL
FACILITIES AND FUND YOUTH SPORTS FIELD GRANTS.
WHEREAS, under the pro"Visions of the Charter, a General Municipal Election shall be held on
November 5, 1996 for the election of Municipal Officers: and
WHEREAS, the City Council also desires to submit to the voters at the election two questions relating to
construction on park land; also an advisory measure regarding the formation of a citywide assessment district to
fund recreational facilities and fund youth sports field grants.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the Charter, there is called and ordered to be held in
the City of Huntington Beach; California, on Tuesday,November 5, 1996, a General Municipal Election for the
purpose of electing three Members of the City Council for the full term of four years; a City Clerk for the full term
of four years, and a Cit)7 Treasurer for the full term of four years.
SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the
voters at the General Municipal Election the following questions:
ADVISORY VOTE ONLY. -Should the City"of Huntington Beach construct: a
sports field on an undeveloped portion of Huntington Central Park; athletic field YES
lighting at high schools; a public gymnasium at Murdy Community Center; and
fund youth sports field grants by establishing a ten year citywide assessment
district for total of S11.5 million at a maximum annual cost of:
S24 per single family residence;
S10 per multi-family unit: and -NO
S5 per business and mobile home unit""
"Shall the City of Huntington Beach at a cost of S1.83 million construct a
gymnasium and related improvements.and reconfigure existing parking at YES
Murdv Community Center, east of Golden west Street, south of Norma
Drive, to provide youth, adult and senior exercise classes. basketball.volleyball
and other recreations ores activities"" NO
"Shall the Cite of Huntington Beach at a cost of S1.5 million construct lighted
soccer and softball fields. a roller hock-cy and snack bar concession, parking. YES
---� restroonis. and related improvements in an undeveloped portion of Huntington
Central Park" south of Talbcri Avenue and cast of Goldcm\-cst Street. on IN
ro cry that was fornncrlv a landfill and mushroom farm'?"
SECTION 3. That the ballots to be used at the election shall be in form and content as required by lair.
•1
ATTACHMENT NO. 5
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: RON HAGAN, Director of Community Services
FROM: GAIL HUTTON, City Attorney
DATE: March 4, 1999
SUBJECT: RLS 99-153; MEASURE C VOTE REGARDING SPORTS COMPLEX IN
CENTRALPARK
INDEX: FINANCE; GENERAL/ PUBLIC PROPERTY AND PUBLIC WORKS; PUBLIC
PROPERTY; GENERAL
BACKGROUND: In November 1996, the City's voters approved a Measure C (Huntington
Beach City Charter Section 612) vote for the Sports Complex in Huntington Central Park (see
Attachment). The City is now ready to proceed with certification of an Environmental Impact
Report and the development of the Sports Complex. One of the funding options for the Sports
Complex is to lease the site to a concessionaire for development and operation. The Council
Subcommittee on the Sports Complex has requested the City Attorney's opinion on the following
issue.
ISSUE: Is the 1996 Measure C vote sufficient to allow the City to lease the property for
development of the Sports Complex?
ANSWER: While a strong argument can be made that the voters' approval of the development
of the Sports Complex in the November 1996 election suffices to allow the City to lease the site
to a concessionaire for development, a more compelling argument can be made against it. Based
on the language of the ballot measure, a project challenger could argue that the voters never
approved of the lease of the parkland for development and that any attempt by the City to lease
the entire site to a concessionaire would violate Measure C's prohibition against leasing
parkland. Therefore, to avoid any legal challenges, I advise that the City not consider the leasing
option, unless another Measure C vote is taken.
ANALYSIS: Huntington Beach City Charter- Section 612, commonly referred to as Measure-C,
was enacted in December 1990. It provides, in pertinent part, as follows:
"(a) No public utility or park or beach or portion thereof now or hereafter
owned or operated by the City shall be sold, leased, exchanged or
otherwise transferred or disposed of unless authorized by the affirmative
votes of at least a majority of the total membership of the City Council and
by the affirmative vote of at least a majority of the electors voting on such
g:\jmf\99memos\RLS99-153
' r
Memo to Ron Hagan from Gail hucton
RLS99-156;Measure C Vote Regarding Sports Complex In Central Park
03/04/99
Page 2 of 3
proposition at a general or specific election at which such proposition is
submitted.
(b) No golf course, driving range, road, building over three thousand square
feet in floor area nor structure costing more than $100,000.00 may be built
on or in any park or beach or portion thereof now or hereafter owned or
operated by the City unless authorized by an affirmative vote of at least a
majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such
proposition at a general or special election at which such proposition is
submitted.
(c) Section 612(a) and 612(b) shall not apply;
(1) to libraries or piers;
(2) to any lease, franchise, concession agreement or other contract where;
the contract is to perform an act or provide a service in a public
park or beach AND
such act was being performed or service provided at the same
location prior to January 1, 1989 AND
the proposed lease, franchise, concession agreement or other
contract would not increase the amount of parkland or beach
dedicated to or used by the party performing such act or providing
such service."I
As I understand it, in November 1996, the City's voters passed a Measure C ballot
measure approving of the Sports Complex in Huntington Central Park. That ballot measure
asked the voters the following question:
"Shall the City of Huntington Beach at a cost of S 1.5 million construct lighted
soccer and softball fields, a roller hockey and snack bar concession, parking,
restrooms, and related improvements in an undeveloped portion of Huntington
Central Park, south of Talbert Avenue and east of Goldenwest Street, on property
that was formerly a landfill and mushroom farm."
The ballot measure is silent on the issue of whether the City can lease the property for the
development of the Sports Complex. However, the express language of the November 1996
ballot measure gives the City authority to construct the Sports Complex and arguably to lease out
part of the site to a snack bar concessionaire. The purpose of the Measure C was to allow the
citizens of Huntington Beach a direct vote in the commercial development or sale of the City's
parks and beaches. A strong argument can be made that this intent is satisfied in-cspectivc of
whether the City itself constructs the Sports Complex or leases the site to a concessionaire for
The rest of Measure C provides as follows: Subsection(d)contains an invalidation clause.
gAjmf\99memos\RLS99-153
1 1
Memo to Ron Hagan from Gail hurton
RLS99-156; Measure C Vote Regarding Sports Complex In Central Park
03/04/99
Page 3 of 3
development and operation. Furthermore, the voters arguably already approved the leasing of
part of the site to a snack bar concessionaire.
However, a more compelling argument can be made that the voters approved only that the
City itself would construct the Sports Complex. While the voters may have approved the leasing
of part of the site to a snack bar concessionaire, the voters did not approve of the City's option to
lease the entire site to a concessionaire for development and operation. Allowing the City to
lease the entire site would violate the prohibition in Charter Section 612, Subdivision (a) against
leasing City parkland without voter approval. In essence, if the City now decides to lease the
entire site to a concessionaire, the argument could be made the City misled the voters when the
voters approved of the Sports Complex development in the November 1996 election. The voters
may have decided to not pass the ballot measure if they had known that the site would be
developed by a private concessionaire.
CONCLUSION: If the City decides to lease the Sports Complex site to a concessionaire for
development and operation and its action is challenged, a strong argument can be made that the
November 1996 ballot measure passed by the City's voters provides the necessary approval.
However, a more compelling position is that any such lease would violate Measure C. To avoid
any problems associated with a potential challenge, I recommend that the City not carry through
with this leasing option, unless it decides to proceed with another Measure C vote on this issue.
If you have any questions, please call me or John Fujii.
Gail Hutton, City Attorney
Attachment: November 1996 Sample Ballot.
g:\jmf\99memos\RLS99-153
\MPLE BALLOT
E
OFFICIAL BALLOT I HAVE VOTED—HAVE YOU?
GENERAL ELECTION
COUNTY OF ORANGE
November 5, 1996
This ballot s!ub shall be tom off by prEcinct board
mEm tar and(landed 10.w,e voter.
MIEASURES SUBMITTED TO VOTE OF VOTERS
zw—
STATE
HEALTH CARE. CONSUMER PROTEC• IYes + =_ COUNTY OF ORANGE
214 TION. INITIATIVE STATUTE. Regula;Es =_ -
health care businesses.Prohibits discoura-;ng No i T S-a:l Section 1.2.9,which would establish a Yes +
heal,,,Care pr0f25 C?ai5 from infGrming patient /1 Cc'•=:utive term limitation of h4'o(2)cors?Cu-
advocating lraa!ment. Reyui,•es health Care businesses to M t':c fvJi(4)year terms for the office Of men.56( No F
a_•ab!:Sh critEria for payment and fzc'iiy sta`ing. Fiscal Impact: .card of Supervisors,be added to the
e.
S d State and local o0`;E(nme.^? CCS;S fLf EXIS;i:1 hEa:1 r 9
g CQjifiied C.'diranCes of Orange County.
=" :'rams and benefits,probably in the;ens to hundreds of millicrs
c!do"ars annually.
CITY OF HUNTINGTON BEACH
MEDICAL USE OF MARIJUANA.INITIATIVE IYes + _ = ADVISORY VOTE ONLY.Should the City of Yes I +
STATUTE. Exempts from criminal laws pa J Hu;:;- on Beach construct:a sports field on
215
items and dei,nEd caregivers who possess or N0 i -_= an u--eveloped portion of Huntington Central No I +
_ cultvat marijuana for m=die=I treatment re- I P_i<:a.hletic field lichting at high schools;z
r;mmended by a physician.Provides physicians who recommend public cr7mzsi m at Murdy Community Center;and fund youth
sE shall not be pun!shEd. Fiscal ImracI: Probab'y no sionificant - :: sp ds field cran;s by establishing a ten year cilyrwida assessment
ys:al impact on state and local govern-en!s. = district for a teat of$11.5 million at a maximum annual cost of:S24
_ = per single famiy residence;S10 per multi-family urit;and_S5 per
=fl= = business ar.f mobile home unit?
='- HEALTH CAPE. CONSUMIER PROTEC• IYesl +
T 216 TION.TAXES ON CORPORATE RESTRUC•
TUBING. INITIATIVE STATUTE. Reeulates S`:ail`.e City of Hurlincton Beach at a cos:of I Yes +
haalthcareb;snessas.Prohibits drscouiaCino 1 S1.c million constrict a gymnasium and fc
Car- rofesslona!s from Infor,minG patients.Prohibits coriCf- �: f� p a in
_ -P P' IatEo :orov men.s, and r coniiguie Exis;,.g I No +
CJVe[Ke or arbil ation aaraE••.ant. Establishes ronprcftt ^at MU(d COmml_ o f,- par...,, y nity C_nte east of
adVCfat_. ImppSES l-cxss on corporate rEs rllCt7rirf7. == c c,•c f I E,1 provide y0U h, adult
_ Gcider,.__, ._-t,south of Norma Drive, o ro✓;
a!Impact:tdE+:tax rvanuEs polEn;ially hundreds cf ni!licrs ci and senior=..ercise classes,basketball,volleyball and oU,er rec•
S annualiv,to fund sosciLed h-altn Cafe.Additional stale arld r=a:icitiS�:. VItIES?
covemmEnl ccs:_for existing health programs and bens - I -
�;=;a iy tens to h undrads of millions of dollars annually.
-- Sha!::.E City of Huntington Beach at a cos;01f Yes +
S1.5 -,!i5on construct lighted soccer and so`.
TOP INCOME TAX BRACKETS. REIN- Yes + _= tall`.! ,a roller hockey and snack bar can No I +
217 STATEMENT. REVENUES TO LOCAL cession,parking,reslrooms,and related
T- improvema-s in an undevelo ed ortion of Huntington Central
AGENCIES.INITIATIVE STATUTE.RELcac No + Park,sou`o•'Talbert Avenue and east of Gold-r;r st Street,on
=`= tiv=_ly reinstates highest tax rates on taxpayers
-�z__> v;: n taxable income over S115,000 and 5230,000 (current as.' Property:^at•r:as formerly a landfill and mushroom farm?
as and joint taxpayers with taxable incomes over S230 0'00 and
000(current Est;.I.ales).Allocates revenue from those ralEs _
tip ':<a!agencies.Fiscal Impact:An,nual;nCreaSe in state peersoral
tax revenues of about $700 miiiion, with about half
: _ As allocated to schools and half to other local oovemmfents. —_
VOTER APPROVAL FOR LOCAL GOVERN. 'Yes
218 MlENT TAXES.LIMITATIONS ON FEES,AS.
SESSMENT3,AND CHARGES. INITIATIVE tfo
_ COGSTITUTiGNAL AMENDMENT.Re,UirES
_..
a c.aicr,ty of voters to approve increases in general taxes.P,EcuirEs
'r:;:r:yrElated assessments,fees,charges be submitted to picp -
-. -
_?�= --:cy:ners for approval. Fiscal Impact:Short-term local govcm•
.;revenue losses of more than S 100 million annually.Long-term =
t I::a!ocvernmerl revenue losses of potentially hundreds of millions '
;.:. c1 c!tars annually.Comparable reductions in spending for local
p L sE Nice s. `
30-E9C1 E 30•E916 E
TURN CARD OVER TURN CARD OVER
. ♦ r
IMPARTIAL ANALYSIS BY CITY ATTO,,..cY ARGUMENT IN rAVOR OF MEASURE J
MEASURE J
CITY OF HUNTINGTON BEACH The Huntington Beach City Council and Comn unity !eade; •�- es ::
Advisory Measure;
to invest in the future of our children and cur c,y, '
WHY?
nis measure asks: There are approximately 19,000 registered parlicpar%ts
ADVISORY VOTE ONLY: "Should the City of Huntington Beach coT?unity youth sport programs in the City. This =,pa.—s c =
construct: a sports field on an undeveloped portion of Huntington ten years ago.
Central Park; athletic field lighting at high schools: a public-gym- Youth Sports is a proven method for developing
nasium at MurdyCommunityCenter; and fund youth sports field P P 9 west L,,, to
grants by establishing a ten ear citywide assesment district for for in our youth and is a cost effective way to combat nega .� bra..,
;Dial of 511.5 million at a maximum annual cost of: The City currertly provides few or no facilities for these ate,•;,;;PS
burcen rests entirely on school sites,which are being lost.
S24 per single family residence; COST?
S10 per multi-family unit; and NO Borrowing
$5 per business and mobile home unit?"
NO Interest cost
-ect of the measure on the existing law: NO land acquistion
As a matter of law,this measure would have no effect on existing All funds separate from Huntington Beach's General Fund
law because it is an"advisory vote only."
Maximum term 10 years
^eration of the measure: A maximum of 52.00 per month per household
The measure would operate as an "advisory vote only"and thus `;HAT?
v:ould not operate to actually approve or disapprove the construe- Scort Gelds - 4 softball and 6 soccer/football lighted `olds, roller
tend of the improvements reflected therein. The measure is he hockey, rest rooms&parking on Mushroom farm site-S1.5 million.
tended to provide information the City Council on whether the . Fields for soccer/football, baseball and softball at Peterson &
Huntington Beach voters are,orr are not,in favor of such construe ?arkview Schools,Murdy&Edison Community Center-$1.5 million.
tion and financing proposals. . Full size Gym at Murdy Park-51.83 million.
The City Council would not be bound by this"advisory vote only." . P:,;blic Aquatic facility with 50 meter and recreational pool at Ocean
If the City Council wishes to proceed with the construction of the V:ew Hiah School-$2.8 million.
sports field at Huntington Central Park and the public gymnasium . Ughts for High School soccer/football, softball & baseball fields -
at Murdy Community Center, there would still need to be a new S?00,000
affirmative vote of at least a majority of the electors voting on a . M_--tchino funds Grant program of$300,000 per year(S3 million total)
proposition to build on or in such parks,in addition to the affirmative to improve existing facilities with youth groups.
vote of at least four(4)members of the City Council to authorize WHEN?
quire construction. The assessment district would likewise re-
quire the affirmative vote of at least four City Council members for A pay-as-youtio program spread over 10 years.
approval. MAINTENANCE?
�_il maintenance and operating costs will be covered by reasonable
user and tournament fees.
Vote YES on Measures J, K, &L
AN INVESTMENT IN OUR YOUTH IS AN INVESTMENT IN YOUR
FUTURE!
Fu.r,:s raised by an assessment district can only be used on items
defi-.ed by the assessment.This is the most cost effective way to develop
-e_=d community facilities.
VOTE YES on Measure J
s/Chuck Beaureoard-Chairman Save Our Kids
s/Tc.-n Harman-Huntington Beach City Councilmember
s/=;;_:ph Bauer-Huntington Beach City Councilmember
sf Victor Leipzig -Huntington Beach City Councilmember
s/Shirley Dettloff-Huntington Beach City Councilmember
NO ARGUMENT AGAINST THIS MEASURE
WAS SUBMITTED
' IMPARTIAL ANALYSIS BY( ATTORNEY IMP,'^TIAL ANALYSIS BY CITY ATTORNEY
MEASURE MEASURE L
CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH
This measure asks: This measure asks:
"Shall the City of Huntington Beach at a cost of $1.83 million "Shall the City of Huntington Beach at a test of $1.5 million
construct a gymnasium and related improvements, and reco nig- construct lighted soccer and softball fields, a roller hockey and
ure existire paring at Murdy Community Center,east of Golden- snack bar concession, parking, restrooms, and related improve-
west Street, south of Norma Drive, to provide youth, adult and ments in an undeveloped portion of Huntington Central Park,south
senior exe.clse classes, basketball, volleyball and other recrea- of Talbert Avenue and east of Goldenwest Street,on property that
tion;spoits activities?" was formerly a landfill and mushroom farm?"
Effect of the T=asure on the existing law: Fli ect of the measure on the existing law:
Existing City Charter Section 612 requires an affirmative vote of Existing City Charter Section 612 requires an affirmative vote of
at least a majority of the electors voting on a proposition to build at least a majority of the electors voting on a proposition to build
on or in any park or beam certain structures, buildings or reads, on or in any park or beach certain structures, buildings or roads,
etc.The measure does not alter such existing law. etc.The measure does not alter such existing law.
4Rp�ation of, measure: Operation of the measure:
This measure would satisfy the vote requirements mentioned If any of the improvements contemplated by the measure are on
above if at least a majority of the electors votino, voted "yes." City park land, this measure would satisfy the vote requirements
Therea er,the affirmative vote of at least 4 members of the City mentioned above if at least a maiority of the electors voting,voted
Council wcu!d still be required to authorize the actual construction. "yes." Thereafter, the affirmative vote of at least 4 members of
the City Council would still be required to authorize the actual
construction.
ARGUMENT IN FAVOR OF MEASURE K ARGUMENT IN FAVOR OF MEASURE L
VOTE YES on pleasures J, K, and L VOTE YES on Measures J, K, and L
Measure K is a land use vote to approve the construction of Measure Lisa land use vote to approve the construction cf multi-field
Gymnasium at Murdy Park as required by the Huntington Eeach City �oort lacaity on the Mushroom Farm site. Huntington Eeach's City
Charter. Charter requires a vote for use of par'l<land.
Approval a desired to build a badly needed Gym adjacent to the
existing Cor=unity Center at Murdy Park. Murdy Park is located north This is the lynch pin of Measures J.K.and L.The approval o this
of�Var:er Ave o of Goldenwest St. By building the facility next to land us
the e proposal will allow the construction of a youth!adult sport field
existing Cc=unity Center, existing staff can be utilized, reducing facility at the old Mushroom farm;the undeveloped land gates Golden
west St. from the Equestrian Center.
operating c__:s
A Gym v three basketball courts or six volleyball courts would pay The Mushroom Farm is the only cost effective site wits yin the City for
for its q;vn r,=_intenance and operating cost through reasonable user this facility.
and teum.a�-,ent fees. The facility would have 4 adult size softball fields, 6 soccer/football
The fac;6:y v.,euld allow youth, adult,and senior exercise classes,as field and 2 roller hockey rinks.All fields will be lighted with concession
well as basketball, volleyball and other recreation activities to be held and rest room facilities.
through cui:`:_day. It would offer a positive alternative for children after These`olds would allow relocation of existing adult sctball leagues
sc e from tdurd and Edison Community Centers,freeing those areas for use
pool hours. r:eeken.ds and evenings. Y Y 9
by youth leagues.This measure will not cause the loss of any adult fie!ds
f,o al'c :, ui!d the Gym, $this million, would sun s i the but will increase youth sports areas.Youth Sport programs are being
approval of pleasure t also on this ballot. This measure ;s not an overwhelmed by growth. Young female athletes and t =_ir parents
approp-iation cf funds, this is merely a land use approval. have discovered the enrichment of sports. Facilities are needed city-
It you fee! cur community !and should be used constructNely to wide for adult and youth programs.
improve toe .,uality of life in Huntington Beach and developed for all
citizens, and old, then you must- The facility would be used throughout the year for league play and
tournaments generating enough revenue through reascnab'e user and
VOTE YES on Measure J, K, L They work together to make tournament fees to support the City's recreational programs and cover
Huntington =each a better place to live. the facility's annual operating and maintenance tests.
AN !NVESTI::_NT IN OUR YOUTH IS AN INVESTMENT !N YOUR Funds, $1.5 million, to build the sport fields on the h4us`,rocm Farm
F TUPE! would cane from the approval of Measure L,also on teday's ballot.This
VOTE YES on piEASURE K measure is not an appropriation of funds, this is merely a land use
approval.
VOTE YES on Measures J, K, and L
{ sl Chuck Beauregard-Chairman Save Our Kids` AN INVESTMENT IN OUR YOUTH IS AN INVESTh�Eh'T IN YpUR s/Tc n -_,,..zr Huniinctcn Beach City Councumember F •i F_,
s!Rae_`, E___ r nc:gn =each Ci?v Councilmember VOTE Y=S on Measure L
I S/Vic' , _= __ C ounciimemcer
s/Shirley Cs-' `-Huntington�Beach City Councilmember
si Cr•,ucF: Caaurega(o -Cilalml2n wave Gur Kids
i s/Tom Harman -Huntington Beach City Councilmember
NO ARGUI ENT AGAINST THIS MEASURE s/Ralph Bauer- Huntington Beach City Councilmember
WAS SUBMITTED s/Victcr Leipzig -Huntington Beach City Councilmember
s/Shirley Dettloff-Huntington Beach City Councilmernber
NO ARGUMENT AGAINST THIS MEASURE
WAS SUBMITTED
30-131
:•--':3:� •��.!.Aye �a''��'�'t� _ - - _ •-\
V.Y
' '. 'ORANGE .
s
O� GENERAL
0
U . o M ELECTIUgo"' N
O,4 ti� TUESDAY, NOVEMBER 5, 1996
LIFO�t1�
and
Voter Information Pamphlet
NOTICE: APPLICATION FOR ABSENT VOTER BALLOT ENCLOSED
The Voting Rights Act Language Assistance Amendments of 1992 require that the Registrar of Voters provide
voting materials in Spanish and Vietnamese in addition to English. In order to receive a sample ballot pamphlet
in Spanish or Vietnamese for this election, and for future elections, please call (714) 567-7591.
Para recibir una muestra del folleto de la balota en espanol para esta elecci6n y para elecciones futuras, por favor (lame
(714) 567-7591. La localidad de su votaci6n esta en la ultima pagina de este folle to.
De nhzn dUoc la phieu mau va Cam Nang Hucn? Dan Cu Tri bang tieng Viet cho ky tau cu nam nay, cung nhV
.. cho nhimg ky bau cif trong tuong lai, xin vui long ooi (714) 567-7591. Dia diem b6 phieu c6a quy vi dLroc ghi ro
tren nhan thU a trang bia sau cua ban HLrdnc Dan C& Tri nay.
�� ° �.
QN�°� G� THE LOCATION OF YOUR
4 ,:,� �O Z Q, POLLING PLACE
0aJ��(:� 41-,0 IS SHOWN ON BACK COVER
z 8-
`° �` POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M. •
SAVE THIS SAMPLE BALLOT TO HELP YOU LOCATE
YOUR POLLING PLACE ON ELECTION DAY
E' I 1
/
/
RCA Author:
HB CITY OF HUNTINGTON BEACH Dow
INTERDEPARTMENTAL COMMUNICATION Ut
TO: HONORABLE MAYOR PAM JULIEN HOUCHEN AND
MEMBERS OF THE CITY COUNCIL �t4
FROM: GAIL HUTTON, City Attorney
DATE: February 20, 2001
SUBJECT: Item F-5, February 20, 2001, City Council Meeting;
Opinion re Proposed Sports Complex; RLS 2000-1207
Attached is additional information that will augment the City Attorney Opinion dated February 8,
2001, which is Attachment#1 to Agenda Item F-5.
GAIL HUTTON
City Attorney
GH/ab
Attachment: Article VIII of the Huntington Beach City Charter
cc: Ray Silver, City Administrator;
Bill Workman, Assistant City Administrator;
Clay Martin, Acting Administrative Services Director
Ron Hagan, Director of Community Services
Connie Brockway, City Clerk
gh/01 memo/M&CC/Sports Complex
t
ARTICLE V. ORDINANCES AND RESOLUTIONS - (Continued)
Section 502. Resolutions
Section 503. Publishing of Legal Notices
ARTICLE VI. FISCAL ADMINISTRATION
Section 600. Fiscal Year
Section 601. Annual Budget, Preparation by the City Administrator
Section 602. Annual Budget. Submission to the City Council
Section 603. Annual Budget. Public Hearing
Section 604. Annual Budget. Further Consideration and Adoption
Section 605. Annual Budget Appropriations
Section 606. Determination of City Tax Rate
Section 607. Tax Limits
Section 608. Vote Required for Tax Measures
Section 609. Real Estate Transfer Tax
Section 610. Bonded Debt Limit
Section 611. Revenue Bonds
* Section 612. Public Utilities and Parks and Beaches
Section 613. Execution of Contracts
Section 614. Contracts on Public Works
Section 615. Granting of Franchises
Section 616. Independent Audit
ARTICLE VII. ELECTIONS
Section 700. General Municipal Elections
Section 701. Special Municipal Elections
Section 702. Procedure for Holding Elections
Section 703. Initiative, Referendum and Recall
Section 704. Nomination Papers
ARTICLE VIII.MISCELLANEOUS
Section 800. Transition
Section 801. Definitions
Section 802. Violations
(*) Following is a motion adopted by the City Council on July 11, 1994. Inclusion of this motion on this
page of the Charter is for recordkeeping purposes. Should the City Council rescind this motion,
reference to it on this page of the Charter must be removed: It is the intent of Charter Section 612,
the Measure "C"amendment, that a vote of the people be the final approval of projects approved by
the city for construction on park land or beaches. Therefore, all projects falling under the criteria of
Charter Section 612 must obtain all city approvals prior to being submitted to a vote of the people.
The cost for the ballot measure shall be borne by the applicant for the project. If the project requires
a lease or other financial consideration, the terms and conditions of the lease and/or financial aspect
of the project shall be included in the information provided for the Charter Section 612 vote. Ci
ouncil mute Action of July 11, 1994)
9/25/98 c-3
ITEA: F-5, CITY COUNCIL MEETING 2/20/01
Statement of Issue:
Staff needs council direction on whether to:
1. Proceed with a Charter Section 612 (Measure C)
vote on the concession portion of the proposed
sports complex; or
2. Eliminate the concessions from the project; or
3. Have the city build and operate the concessions
Qq
LA
2/20/Ol I
HISTORY OF HCP SPORTS COMPLEX PROTECT
1992 - Council appointed HCP master
plan committee
1994 - Council adopted HCP land use
designations (Where active & passive
...,.� uses would be)
1995 - Council adopted HCP master
plan showing sports complex on south
east portion of HCP, on the former
landfill & mushroom farm site
1996 - Voters approve Charter Section
612 (Measure C) vote for sports
complex
zi2oioi 2
HISTORY OF HC SPORTS COMPLEX PROJECT
................
..
.. ....
:C:::::..:::\4::i:{::...v...:\:,:.+.:�i.:v�.wY;:.::::::.._.vi:?:t:::t::�:.n�:\:4av'::h:�x«h•vv.:4.o�:�:.ri.v:::.::vY�:;:.n.Y:'�Y:A Yv�i::�Y::•;::
:J�•;:.::;::::�v::Yv
::4.Y:.: •�'\.i:i::i:Y::::::::�:i:}:::::
c1996o
m
V ote rs deny
en
sports
orts fa cili ti es
assessment district to pay forsports: :
:: : :. ::: :: IexY ::: s
: ::
19
97 — Council
oun it appoints
t s
sports
fa
cilities
iti
p
o s
sub
-co
mmittee
t tee to wo
rk wit
h v a S eR Ki d s
to d e fin e the
sports
its complex I ex specific plan
I an
and recommend user fe
es to generate
revenue
19
98
99 Co
uncil
cilut r a h o iz es EIR fo
r sports
o its
complex and approves doing the Sports
Facilities Inventory and Needs Assessment
Study
2/20/01 3
HISTORY OF HCP SPORTS COMPLEX PROJECT
1999 - Council sub-committee and Community Services Commission
approve recommendations in Sports Facilities Inventory and Needs
Assessment Study which recommends moving adult sports from
community centers to sports complex and reconfiguring community
centers for youth sports
1999 - EIR for sports complex approved by planning commission
and city council
f� )AIR,R°..\,,x.,s:h.i''?�'d"J:�,.,�l'✓-1, ay,'9, ..'.':sx,;, _���-z,..:=Ea';,�.
2000 - Council approves
,r' ,i,.� Y. .!r,'�.,%;�'"' '{.g•'.,;j�'v:fr � �*Fr a'�M.,{�w�' p
E4.�c�
.� �� development of laps and
t'
'av`-.:7s';y.! p^^� z!
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...........t,
specifications
-.�...,Sn` v�" tih;r, '' :,:""Fj� x''.�r''',�' ye•,�yd"''.'y,,'. �S�' i
..,5,£7:.•r,rG�Fs'�:'�*•r'k 'G'�+`'t.'i�' b �.ram r fix. .i'"`+'�`�r,;,x,.,:
., environmental clean up a n d
mitigation of former
�r landfill/mushroom farm site
r and development
of spores
{�'� �,;�. „ r• �� ;�� �:�� _� r,����•--� r:�.� complex
d ,I of .,'.'S:'b�. ��.✓'"��2/20/01 4
HISTORY OF NCP SPORTS COMPLEX PROTECT
- 2001 — Plans are now ready for bid
- The cost to date for the EIR, Entitlements and bid
documents has been $750,000, which has been paid for by
the July 2000 revenue bond issue
CONSTRUCTION CAN BEGIN THIS SUMMER & BE
COMPLETED BY FALL 20021E COUNCIL WISHES TO
PROCEED
2i2oiol 5
SPORTS FACILITIES INVENTORY &
NEEDSASSESSMENT STUDY
" If the Sports Complex at
Huntington Central Park is
built, then community parks
can be reconfigured for youth
sports" . . . . . . .
•r.
-zo;o1 6
r
- .vc:-' - yi.n ter.•,. -_ _
.yy tM
k'
•`F(
uf'
l'E=%
_''''\•'r nSe
k
The Sports
oits Complex and
.w
concession area will
0 be
' y built on an undeveloped
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Or
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2/20/01
City Attorney' s Opinion
• The city can proceed with the sports
complex without an additional Charter
Section 612 (Measure C) vote.
• If the city wants to lease the sports
concessions portion of the sports complex it
will require another vote.
2/20/01 8
• The proposed sports complex will use 45 acres
of undeveloped land southeast of the Library
parking lot.
• The concession area is a 5 acre portion in the
middle of the 45 acre sports complex.
• The sports complex will have B lighted
softball fields overlaid with 8 soccer fields.
• The proposal for the concession area is for
recreational facilities where fees can be charged
to produce revenue.
2/20/01 9
• The sports fields will be operated by the city for adult
and youth sports leagues and tournaments.
• The concessions can either be leased to a private
developer/operator with expertise in commercial recreation
facilities or developed and operated by the city.
• To lease the concessions it would require an additional
Charter section 612 (Leasure C) vote, if the city operates
the concessions no additional vote is needed.
• The city will eventually have to clean up and mitigate the
entire site whether the property is used for a sports complex
or some other park purpose.
•"�',Yr" f,'g` .7:"__=f..'r,.,':'•:w'„'r.by`''c. ✓,{,A:;.,wn {I3.,,
2/20/01 10
• There are a several types of concessions that could
produce revenue at the site that may include roller
hockey, batting cages, food facilities, group picnic
areas and other types of sports facilities,
• The concession revenue is needed to help cover the
cost of debt service, without the concession revenue
there could be a half a million dollar or more impact
on the general fund to support the debt service
• The concession area has not been designed yet
pending council direction
2/20/01 I 1
Revenue Bond Issue Summary
Estimated Total July 2001 Bond Issue:
HCP Sports Complex $18,000,000
South Beach Phase II 9,000,000
Pacifica Tower Senior Center 8,000,000
Total $35,000,000
Previous July 2000 Bond Issue
Beach Maintenance Facility $3,100,000
South Beach Phase 1 $6,800,000
EIR/Plans/Entitlements HCP $1,100,000
Water Fund Repayment $4,000,000
South Beach Phase II Design $800,000
Energy Retrofit $2,000,000
Emerald Cove Refinancing $5,700,000
Total $23,500,000
Annual Debt Service on July 2000 Issue: $1,650,000
Est. Annual Debt Service on July 2001 A&B Issue current interest rates) $2,700,000
Total Annual Debt Service Both Issues $4,350,000
Annual Revenue to service debt:
Ruby's Lease $225,000
Duke's/Chimayo's Lease $450,000
Beach Parking Revenue $1,177,250
Emerald Cove Income $475,000
Sports Complex Income $1,194,640
Pacifica Tower Income $838,760
Total Estimated Annual Revenue $4,360,650
2/20/01 12
Timeline
FAST TRACK SINGLE TRACK
March 2001 — September 2002 March —September 2001
Bid,Sell Bonds, and Construct sports complex Request proposals and select concessions
March 2001 — September 2001 September 2001 —March 2002
Request proposals and select concessions Prepare ballot measure for March 2002 vote
September 2001 —March 2002 March 2002
Prepare ballot measure for March 2002 vote Determine if council wants to proceed
Or prepare concession plans if operated by city March 2002 —September 2003
September 2002 —September 2003 Bid,Sell Bonds, & Construct sports complex
Construct concessions September 2003 —September 2004
Construct concessions (If approved)
2/20/01 13
RECOMMENDATION
Approve proceeding with the fast track timeline of the sports complex and
choose one of the following regarding the concessions:
A. Direct staff to prepare a ballot measure for the March 2002 special
election regarding the leasing of five acres of the forty five acre sports
complex project for recreation concessions; or
B. Direct staff to develop a concession plan for the city to develop and
operate the five acre concession area which doesn't require a vote.
Alternative Recommendations:
1 . Proceed with the single track timeline and wait until the outcome
of the public vote on leasing the concessions is known before
making a decision to proceed; or
2. Proceed with the project, but do not include concessions as part
of the sports complex project (This option requires general fund
support).
2/20/01 14
End ofpresentation
February 19, 2001
tH F
G;T INV' B-
To: City Council and Ray Silver
From: Dave Sullivan f Eb 20,
Measure C clearly states that no "portion" of a park may be leased without a
vote of the people. Measure L in 1996 did not address leases. Therefore,
there needs to be an additional Measure C vote to approve any leases. Also,
batting cages, skate park,BMX, rock climbing and pro shop have not been
approved by the voters.
Although it was a well meaning error,the public was asked to vote on a
project that would cost $1.5 million. Now,the price is estimated at $18
million, a twelve fold increase. I strongly suggest that the new Measure C
ballot measure describe a cost not to exceed $20 million. If the city
doesn't do this, the public could justifiably accuse the city of a bait and
switch tactic, namely asking them to approve a$1.5 million project and then
spending $18 million.
It is a legal necessity to address the lease issues in a new Measure C vote.
It is a moral necessity and possibly a legal one, as well, to address the
cost issue.
If these matters are not addressed in a new Measure C vote, I will strongly
urge the Measure C proponents to take the necessary legal action to uphold
the provisions of Measure C.
Sincerely,
Dave Sullivan