Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C)
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5a. Ad Hoc Committee Recommendation
Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C)
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5b. Staff Recommendation
Staff Redline Version
Current Language Proposed Language
(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 special
election at which such proposition is
submitted.
(1) An exception to the above would
include parks owned either by a public
utility or school district or leases
between the City and a private entity
as part of a private/public partnership
agreement wherein the City receives a
portion of the revenue generated as
approved by a majority of the City
Council.
(b) No golf course, driving range, road,
building over three thousand square feet
in floor area nor structure costing more
than $161,000.00 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 after the
appropriate environmental assessment,
conceptual cost estimate, and reasonable
project description has been completed
and widely disseminated to the public.
(b) No golf course, driving range, road,
building exceeding a ten thousand
square foot footprint 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
6/7 vote 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 after completion of (1) an
Environmental review under California
Environmental Quality Act (CEQA) (2) a
conceptual site plan/Schematic Design
defined by the American Institute of
Architects as a general overview of a
Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C)
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Effective January 1, 2011, and each year
thereafter, the maximum cost will be
adjusted by the Consumer Price Index for
the Los Angeles-Riverside-Orange
County area.
project’s basic features and construction
cost estimates, and (3) a reasonable
project description which have been
widely disseminated to the public.
(c) Section 612(a) and 612(b) shall not
apply;
(1) to libraries or piers;
(1) to libraries,piers, restrooms,
playgrounds or other recreational park
amenities such as, but not limited to:
sport courts, pump tracks, sports fields,
skate parks, concession stands, or picnic
tables and benches that are typically used
on a drop-in bases, during regular park
hours.
(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.
- 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 Unless the
increase or additional feature/expansion
is for the benefit of the community and
does not impede or impact any existing or
future park or beach usage and such
increase is approved by an affirmative 6/7
vote of the City Council.
- Exception: that any additional
feature/expansion would be allowed
provided it is temporary in nature, and
Attachment 1 – Proposed Changes to Charter Section 612. Public Utilities and Parks and Beaches (Measure C)
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does not impede any other existing
park or beach usage (example:
extension of patio on open space vs.
Removal of an existing park amenity
to allow for extended use). Such use
will be evaluated at the end of each
lease term.
(3) to aboveground public works utility
structures under 3,000 square feet;
(3) to aboveground public works utility
structures under 10,000 square feet;
(4) to underground public works utility
structures if park or beach use is not
impeded;
(5) to any public works construction,
maintenance or repair mandated by state
or federal law that does not negatively
impact recreational opportunities; or
(5) to any public works construction,
maintenance or repair mandated by state
or federal law ; or
(6) to renewable energy projects that do
not negatively impact recreational
opportunities.
(6) to renewable energy projects that do
not negatively impact recreational
opportunities.
(7) To any publicly owned or leased
building used by the community for
recreational purposes that changes its
scope of use (example: a concession
building changes to a community center)
when such change is approved by an
affirmative 6/7 vote of the City Council.
(d) If any section, subsection, part,
subpart, paragraph, clause or phrase of
this amendment, or any amendment or
revision of this amendment, is for any
reason held to be invalid or
unconstitutional, the remaining sections,
subsections, parts, subparts, paragraphs,
clauses or phrases shall not be affected
but shall remain in full force and effect.