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HomeMy WebLinkAbout10 - Newport Ridge Park Operating AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949 - 644 -3002 or dkiffQcity.newport- beach.ca.us SUBJECT: Operating Agreement for Newport Ridge Park ISSUE: What level of control and programming should the City have over the privately -owned Newport Ridge Park? RECOMMENDED ACTION: Authorize the Mayor to execute an Operating Agreement with the Newport Ridge Community Association in a form substantially similar to the attached draft Operating Agreement. DISCUSSION: On April 25, 2006, the City Council awarded a contract to construct the Newport Coast Community Center (NCCC) at the SE corner of Newport Ridge Park (the corner of Newport Coast Drive and San Joaquin Hills Road). For additional information about the NCCC, see the staff report and meeting minutes associated with that action on the City's website (www. city. newport-beach. ca. us). As a part of the NCCC discussion, the Council adopted Resolutions 2006 -31 and 2006- 32, therefore acting on a portion of an Irrevocable Offer of Dedication (IOD) that allows any public agency with jurisdiction to take title to either Newport Ridge Park or Crestridge Park or both parks (see Diagram A). Resolution 2006 -31 authorized the acceptance of the IOD for the Community Center land. Resolution 2006 -32 expressed the Council's intent to reject - at a future date - the IOD for Crestridge Park and for that portion of Newport Ridge Park (referred to by staff as Parcel C) that contained the tennis courts, restrooms, basketball court, tot lot, and surrounding areas. This resolution also expressed the City's intent to provide continued public access to the sidewalk that meanders through Newport Ridge Park along the landfill. NO, Ridge Park Operating Agreement January 23, 2007 Page 2 Newport Ridge & Crestridge Parks (DragramA) Who owns the land now? Today the Newport Ridge Community Association (NRCA) holds fee.title to Crestridge Park and all of Newport Ridge Park except the land beneath the Newport Coast Community Center and the Center's parking lot. NRCA's ownership is subject to an IOD that can override the current ownership. An IOD is typically a requirement made by a public agency of a developer. When offered, it usually means that the developer - or its assignee - will hold title to the property until a public agency (like the City or the County of Orange) accepts the IOD (and therefore accepts title to the property, along with its maintenance responsibility). The County of Orange required The Irvine Company to irrevocably offer Newport Ridge Park and Crestridge Park to the County. After annexation by the City, the right to accept the IOD was transferred to the City. Until the IOD is accepted by the City, the NRCA maintains both Newport Ridge Park and Crestridge Park as private parks. More about Newport Ridge Park. In the 4 years leading up to Newport Beach's January 1, 2002 annexation of the Newport Coast, the City Council and a group known as the Newport Coast Committee of 2000 (NCC2K) negotiated a Pre- Annexation Agreement (PAA) that addressed several annexation - related 'issues. Today, the Newport Coast Advisory Committee (NCAC) helps oversee the implementation of the PAA. Among other things, the PAA required the City to keep certain private parks private, assuming the NCAC so directs the City. Newport R/dge Park Opera&igAgreement JanumyM 2007 Page 3 In late June 2006, the City Council directed staff to come back to Council with a draft Operating Agreement that would protect certain public use of ballfields and of the sidewalk at Newport Ridge Park. Staff did so, and the draft Operating Agreement (attached) does the following: • Establishes hours and days of public field use time; • Protects the public's access to portions of the Newport Ridge Park walkway; • Allows up to six Park User Groups to use the easternmost ballfield; • Requires each Park User Group to have $2 million in liability coverage, with the City named as an additional insured by the Park User Groups; • Requires each interested Park User Group to get the approval of the Newport Ridge Community Association governing board for field time and field authorization; • Sets forth a process by which the City might renovate (and then fund the ongoing maintenance of) the Eastern Ballfield; • Sets forth a process by which the City would propose use times for the Eastern Ballfield, subject to approval by the NRCA; and • More. COMMITTEE ACTION: The NCAC has not offered its opinion on this specific item, but the NRCA board president, Dan Wampole, has offered his support for the draft Operating Agreement. FISCAL IMPACT: None, as long as the City does not upgrade the ballfields and take on the additional maintenance expense. PUBLIC NOTICE: We have informed the NCAC and the NRCA of this Agenda Item. It has also been noticed according to the Brown Act. Submitted by: Dave Kiff Assistant City Manager Attachments: A— Map, including lot areas, of Newport Ridge Park B — Proposed Operating Agreement 2 Attachment B OPERATING AGREEMENT for Athletic Use of Newport Ridge Park This Operating Agreement ( "Agreement ") is made and entered into this day of 2007 by and between the City of Newport Beach ( "City ") and the Newport Ridge Community Association ( "NRCA "), collectively known as the Parties ( "Parties ") for the purpose of describing and managing athletic activities on the area known as Newport Ridge Park ( "Park "). RECITALS 1. NRCA has been granted ownership of Newport Ridge Park subject to an Irrevocable Offer of Dedication (IOD). 2. The City accepted a portion of the land in Newport Ridge Park by accepting a portion of the IOD via the City's Resolution 2006 -_ 3. The City reserves the right to accept the ballfield and parking lot portion of the Newport Ridge Park land via the IOD at such time as the City desires to operate and manage more of the park property. 4. This Agreement exists because NRCA has asked to continue operating all portions of Newport Ridge Park (except the Community Center land) as a private park; the City agreed in concept with this request provided that the eastern ballfield at the Park remains available for organized youth sports, that the westem ballfield remain available for neighborhood pick =up games, and provided that the public have access to the walkway that goes through the Park. 5. The City intends through this agreement to reject the IOD for Crestridge Park and for that portion of Newport Ridge Park that is not either the ballfield and'parking lot portion nor the Community Center portion. In consideration of and in reference to the above Recitals, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to maintain public access to portions of the Park under the control and supervision of NRCA for NRCA residents' use and enjoyment and to maximize the opportunity of Newport Beach -based youth sports programs to use the ballfield facilities in the Park and to allow the public free and open access to the walkway shown in this Agreement's exhibits. 2. Premises. The premises addressed by this Agreement are described in Exhibit A and depicted on Exhibit B to this Agreement and include the Eastern Ballfield, the Western Ballfield, the grass area between the ballfields, the parking lot off of Newport Ridge Drive, and the meandering walkway ( "Walkway ") described below, (the "Premises "). i Newport Ridge Park OperetrigAgreement January 23, 2007 Page 2 3. Term. The term of this agreement shall be 25 years, commencing on ( "Effective Date') and ending on December 31, 2032 unless earlier terminated per this Section. Either party may unilaterally terminate this Agreement upon six (6) months' written notice to the other party. 4. Field Use Provisions. This Section of this Agreement addresses and applies to the Eastern Ballfield, the Western Ballfield, and the grass area between the two ballfields (collectively referred to as the "Fields "): A. Hours and Days of Use. Hours and days of programmed operation by Park User Groups for the Eastern Ballfield will be 8:00 a.m. to dusk each day. On the day of a major holiday (New Years, Memorial Day, 0 of July, Labor Day, Thanksgiving Day, Christmas Day), the Eastern Ballfield will not be scheduled for organized team use.. B. Field Use Priority & Programming. 1. The following applies to the Eastern Ballfield: • This field's primary use shall be for practice fields for organized youth sports from organizations based in Newport Beach and which have a majority of its membership from Newport Beach. However, it may also be programmed as necessary for league play to accommodate games with teams from Park User Groups local to the Newport Coast or Sage Hill High School. • This field shall accommodate up to six (6) different park user groups ( "Park User Groups "), including the following four (4) existing users: i. Sage Hill High School; ii. Newport Beach Little League; iii. American Youth Soccer Organization (AYSO); and iv. Orange County Lacrosse (OCX). • The two additional Park User Groups not listed here, or any additional Park User Group that may substitute for the above four Park User Groups, must be a bona fide organized youth sports group recognized by the City of Newport Beach's Recreation and Senior Services Department to be a group based in Newport Beach that has a majority of its membership residing in Newport Beach. • The City will schedule organized sports activities on this field by submitting a schedule for the upcoming six or more months of planned play to the NRCA Board. Within 60 days of submittal by the City, the NRCA Board shall review and approve the schedule, or may review and modify the schedule to the extent NRCA determines the schedule does not comply with the provisions of this agreement, then approve the schedule. Failure of the NRCA to approve or reject a schedule within 60 days of NRCA's receipt of the schedule shall be deemed approval as submitted. 2. The Western Ballfield shall not be programmed. It shall be reserved for NRCA resident use. NCRA shall continue to keep the Fields and parking open during daylight hours for un- programmed, drop -in use by neighborhood residents. C. Liability Coverage. 1. NRCA and the City shall require each Park User Group to purchase and maintain up to $2 million in General Liability coverage. All policies shall name the City and NRCA as an additional insured and shall hold the City and NRCA harmless in any lawsuit relating to the Park's use. Newport Ridge Perk OpereNngAgreemem ✓anuary23.2007 Page 3 2. NRCA shall maintain $2 million in General Liability coverage for the duration of this Agreement. 3. Where NRCA uses a property management company and/or a landscape maintenance company to manage or maintain the Park, NRCA shall ensure that each property management company, landscape maintenance company, and/or their subcontractors (a) cant' at least $2 million in General Liability coverage; (b) name the City as an additional insured; and (c) defend, indemnify and hold the City harmless in any lawsuit relating in any way to the Field's management, maintenance and use by Park User Groups, NCRA members, or the public. D. Lights. There shall not be any nighttime lighting of either field E. Eastern Ballfield Refurbishment. The Eastern Ballfield may be refurbished by the City if the City chooses to do so at City's expense. The refurbishment may include new irrigation, playing field turf, and dugout areas. F. Maintenance. The NRCA shall maintain the Fields in a manner consistent with maintenance practices in place at the time of the Effective Date, at NRCA's sole cost and expense, unless the City chooses to refurbish the Eastern Ballfield. After such time as the City refurbishes the Eastern Ballfield, the City shall maintain and fund the Eastern Ballfield. G. Restroom Facilities. The Newport Coast Community Centers restrooms may be considered as restrooms for the Fields at the City's discretion. NRCA agrees to make its restrooms at the western side of Newport Ridge Park available for use by the Park User Groups until such time as the City determines that a new restroom is needed to accommodate any use changes of the Eastern Ballfield. City may design and construct, at the City's sole cost, a restroom facility that is accessible to the Fields and open for public use on the Premises in a location deemed most accessible the Fields and to water and sewer connections.. The City will maintain and own these new restrooms. NRCA shall use its good faith and best efforts to accommodate the City's restroom planning, construction, and maintenance. 5. Parking Lot. The parking lot at Newport Ridge Park with its entrance off of Newport Ridge Drive shall be open and made available to organized or neighborhood sports activities which are allowed under this Agreement. 6. Walkway. "Walkway" shall mean the meandering sidewalk as depicted on Exhibit "B" that goes from the Community Center area to the entrance to the Rivage and Newport Ridge North communities along the former Coyote Canyon landfill, excepting sections of the sidewalk around the basketball courts, youth playground equipment, tennis courts, picniclBBQ area and the existing restrooms. The NRCA may install a fence with a locking gate around these areas at the NRCA's sole cost. The fence's gate(s) may not be locked sooner than twelve (12) months, following after the execution of this agreement. Any fence must be placed in a location substantially similar to the planned fence location as shown in Exhibit C. The City may install a new sidewalk next to Newport Ridge Drive East to allow for public access around the these areas. The Walkway shall remain open for passive public enjoyment during the same hours that the Park is open. 11 Newport Ri*& Park Opeimh7g Agreement January23, 2007 Page 4 7. Access and Title. The NRCA shall hold title to the Premises, subject to the City's right to accept the Premises under the IOD. 8. Remaining Park Lands — Offer of Dedication. Within ninety (90) days of the Effective Date, the City will affirmatively reject the Irrevocable Offer of Dedication ( "IOD ") for Crestridge Park and for the Remaining Park Area (as shown on Exhibit B) including, but not limited to, the existing restrooms, the tennis courts, the tot lot, the sand volleyball court, and related turf areas but excepting the Premises. The City agrees to not accept the IOD for the Premises while this Agreement is in effect. 9. Good Faith Cooperation. Both the City and the NRCA (and its agents) shall work in good faith throughout the term of this Agreement to ensure that the significant public enjoyment of those park assets reserved by this Agreement for the general public occurs while maintaining the NRCA residents' private enjoyment of those park assets reserved by this Agreement to the NRCA. 10. Notices. Any notice required to be given by this Agreement shall be presumed given five (5) calendar days after deposit in the United States mail, properly addressed by certified mail and return receipt requested, as follows: To City: City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 To NRCA: NRCA Board President In care of: Merit Property Management 1 Polaris Way, Suite 100 Aliso Viejo, California 92656 NRCA shall provide notice to the City of any change in management or other contact information in writing within thirty (30) days of such change occurring. 11. Successors and Assigns. All provisions of this Agreement shall apply to any lawful successors and assigns. 12. Separabilitv. If any provision of this Agreement or the application of such provision to any circumstance is rendered unconstitutional or otherwise invalid by any law, ordinance, regulation or court of competent jurisdiction, the remainder of this Agreement or the application of the provision to other circumstances, shall not be affected thereby. 13. Rights Cumulative. The rights and remedies of the parties pursuant to this Agreement are cumulative, except as otherwise provided in this Agreement, and shall be in addition to and not in derogation of any other rights or remedies which the parties may have with respect to the subject matter of this Agreement. 0 Newpw Ridge Park Ope ffiVAgeement Jawary23 2007 Page 5 14. No Waiver. A waiver of any right or remedy by a party at any one time shall not affect the exercise of said right or remedy or any other right or other remedy by such party at any other time. The failure of the City to take any action in the event of a material breach by NRCA shall not be construed or otherwise be deemed to constitute a waiver of the right of the City to take such action at any other time in the event that said material breach has not been cured, or with respect to any other material breach by the NRCA. 15. Authori . Each party hereby agrees that it has the authority given to it by each entity's governing body via an appropriate, legal action to execute this Agreement. 16. Exhibits. Exhibits "A" and "B" are integral parts of this Agreement and these Exhibits are incorporated herein by reference. All references to this Agreement shall include these two Exhibits. In recognition of the obligations stated in this Agreement, the parties have executed this Agreement on the date indicated above. APPROVED AS TO FORM AND CONTENT: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Steve Rosansky, for the City of Newport Beach NRCA: By: Dan Wampole, Board President for NRCA 0 EXHIBITS A. Premises — Legal Description (to be added) B. Map (to be added) C. Likely location of Fence Newport Rkj7e Park OparawgAgmaement January73 7007 Page 6 Neayoft Ridge ParKOp&Mft Agreement January 23, 2007 Page 7 Exhibit C Likely location of Fence