HomeMy WebLinkAboutCC AG PKT 2003-08-11 #F •
AGENDA REPORT
DATE: August 11, 2003
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Douglas A. Dancs, P.E. Director of Public Works /City Engineer
SUBJECT: AYSO - ARBOR PARK USE AGREEMENT
SUMMARY OF REQUEST:
The proposed City Council action will authorize the City Manager to execute a contract
with American Youth Soccer (AYSO) for their "historical" use of Arbor Park in
exchange for $12,000 to be used only for maintenance purposes.
BACKGROUND:
For the past five years Local American Youth Soccer Organization (AYSO), Region
#159 has been using Arbor Park for soccer practice and weekly games. AYSO has
approached the City to obtain a five -year use agreement. Their proposed use schedule
reflects AYSO's current schedule.
In exchange for the use guaranty, AYSO would pay a yearly amount that would be placed
in a trust deposit account. This deposit could only be used to fund regular maintenance
activities such as mowing, irrigation and turf repair. Maintenance for the park is
performed under the City's existing Council approved landscape maintenance contract.
If a use agreement were executed by City Council, this action would make certain that for
the next five years Arbor Park would be shielded from any potential budget reduction in
maintenance service levels. After initial discussions with AYSO, a public stakeholders
meeting was held on April 24, 2003. Recreation Staff mailed out invitation notices to
every organization that was issued a field use permit within the last two years. Two
groups attended and there were no major concerns expressed since the proposed schedule
reflects their current use. On May 26, 2003, the Parks and Recreation Commission heard
the matter and recommended approval.
The Public Works Department worked closely with the City Attorney's Office in the
draft of this contract. Staff negotiated an incremental contract with AYSO where the
organizational will pay an initial sum of $5,000, a subsequent sum of $5,000, and a final
sum of $2,000 for the first year term of the contract. In subsequent years, AYSO shall
pay the full $12,000 in one lump sum payment within 30 days of the anniversary date of
Agenda Item f'
the contract. The contract shall terminate should AYSO not fulfill its payment obligations
under the contract.
FISCAL IMPACT:
If an agreement is executed by City Council, funding would be set aside each year for
Arbor Park. The current cost to maintain the park is $12,000 per year. The money that
was set aside for maintenance will be utilized for capital improvements in the parks such
as major sprinkler repair.
RECOMMENDATION:
Upon motion of the consent calendar, it is recommended that the City Council authorize
the City Manager to execute a contract with American Youth Soccer (AYSO) for use of
the Arbor Park.
Prepare
y
Douglas A. Dancs, ri ector of Publ , arks /City Engineer
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John : r : ahorski, City anager
A ' hments
1. Draft Contract
Agenda Item
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To: City Council
Via: Joanne Yeo, City Clerk ::-) oQ
From: Douglas A. Dancs, P.E., Director o`f R bbIic Works City Engineer
Date: August 11, 2003
Re: Errata Sheet for AYSO Field Use and Maintenance Agreement
The following will be changed on page 1 of the "Agreement ":
RECITALS
The City leases andlor owns land located near Lampson Avenue, in the City of Seal
leeh- awldell -known as Arbor Park ( "Arbor ").
requires a public hearing for this type of agreement. The
Manager noted there is no current contract, the AYSO
agreement was considered by the Recreation and Parks
Commission and a meeting was held with other sporting
groups as well.
Councilman Antos moved to approve the agreement with
American Youth Soccer Organization for use of Arbor Park in
exchange for $12,000 to be used for maintenance purposes
only, with the modification that the trapezoidal section
referred to by the City Manager be held out as well as the
other identified areas and be referred to the Recreation
and Parks Commission for consideration at their regular
meeting with recommendations to be forthcoming to the City
Council. The City Manager stated for the record an
amendment to the last sentence of Section 1 -b, Definitions,
to delete the language "a general description of the field
areas..." to be replaced by "A map depicting the fields is
attached to this agreement..." Councilman Antos moved
approval once again and Councilman Yost seconded the
motion.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
Mayor Campbell posed the question what started all of this,
it started because AYSO wanted to do some improvements to
the field yet had concerns with doing so where there was
only a few years remaining on the Park lease, during
conversations the problems they were having with dogs was
discovered, she then got calls from some of the people who
like to walk in the Park, their concern was with dogs
jumping on them, then a father who was at the Park coaching
his sons team called Animal Control because an off -leash
dog wet on the equipment and clothes. Now there are
complaints, yet the Ordinance is on the books, it has to be
enforced. With regard to the renegotiation of the lease,
it was originally signed in 1982, due to expire in 2007,
former Councilman Laszlo and others worked out the lease
arrangement with Base officials, the City of Seal Beach has
a lease with the Department of Defense, this has never been
a City of Los Alamitos park, Seal Beach developed it and
has always maintained it, then when the issue arose with
regard to jurisdiction the lease was reviewed and found
that the City did not have the ability to enforce its own
ordinances in the Park therefore when the lease was
renegotiated that was included, the lease went before the
City Council, no public hearing was required, the issue
that the people have is not with the lease, it is with the
City Ordinance, at the time of the jurisdictional issue the
City could not enforce any of its ordinances in the Park,
if the City is leasing the area and maintaining it then it
was necessary to have the enforceability. Both the Seal
Beach Naval Weapons Station and the Los Alamitos Joint
Forces Training Base are federal properties owned by the
Department of Defense, no city, county, or State has any
jurisdiction on those properties, federal supercedes
everything, when the Marines built something on the Weapons
Station they did not come to the City for permits they went
to the Army Corps of Engineers, the City has no say
whatsoever, the same can be said for the Joint Forces