HomeMy WebLinkAbout07-24-1989 Item #F3bCITY COUNCIL
Agenda Item No. F3b
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
BY T NP ,ITY COUNCIL
July 24, 1989 CITY OF NEWPORT aEACII
J U L 2 4 1989
APPROVED
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: CORONA DEL MAR HIGH SCHOOL OLYMPIC POOL AGREEMENT (l
On January 23, 1989 the City Council officially
approved an agreement between the City and the Newport -Mesa
Unified School District. This agreement provided for this
City's contribution of $625,000 or 500 of the total cost of
construction, whichever is less, for an olympic-size swimming
pool at Corona del Mar High School. The School District
adopted an agreement, but differed in several respects to
that agreement approved by the City Council. A Subcommittee
of the Newport -Mesa Unified School District Board of Trustees
and the Newport Beach City Council met to resolve these
differences. It now appears that the officials of the School
District and the City of Newport Beach are in agreement in
all aspects of the agreement.
Attached you will find the new agreement, which
for the most part clarifies the January 23rd version of the
City agreement, with one exception. That exception concerns
the utility expenses. The new language contained in the
attached agreement is in Section 5 and reads as follows:
"All utility costs associated with the operation of the pool,
specifically natural gas, electricity and water shall be
provided by the District. The City, however, will assess a
reasonable utility surcharge on City program participants
with said surcharge being transmitted to the District on a
quarterly basis, and is to be used to help offset the utility
costs of the District."
Also attached is a copy of a letter dated June 23rd
to the Newport -Mesa Unified School District's Superintendent
that discusses the clarification and/or minor changes to the
agreement
ROBERT L. WYNN G �f
POR
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June 23, 1989
CITY OF NEWPORT BEACH
(714) 644-3000
Dr. John Nicoll, Superintendent
Newport -Mesa Unified School District
P.O. Box 1368
Newport Beach, CA 92663-0368
Dear John:
a
Following our luncheon meeting and telephone conversation,
let me offer the following language for Paragraph 5 of the
Agreement for the swimming pool at Corona del Mar High
School.
5.-j)OPERATION OF THE POOL (UTILITY EXPENSES)
�
All utility costs associated with the operation
of the pool, specifically natural gas, electricity
and water shall be provided by the District. The
City, however, will assess a reasonable utility
surcharge on City program participants with said
surcharge being transmitted to the District on a
quarterly basis, and is to be used to help off-
set the utility costs of the District."
Feel free to improve the above. However if the above is
satisfactory, please insert it into your Agreement for
approval by your Board. As soon as your Board has taken
action on the modified Agreement, return a copy to me so
that I can in turn get City Council approval.
If you would reference your letter from me dated February 14,
1989 in which five differences were listed, I would suggest
the following:
1. The $5 million dollar value placed on the
property is to be removed from the Agreement.
This appears in Section 3, Subsection B.
2. Identify the school year as Monday through Friday
in Section 4.
City Hall 0 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92658-8915
-2-
3. The District is to provide all utilities subject
to the language listed above.
4. Section 1 shall read as follows:
"l. TERM
The term of this Agreement shall commence
on the date of execution thereof and shall
continue for a period of 25 years. At
City's option, this Agreement may be renewed
for an additional 25 -year period at mutually
agreeable terms and conditions."
5. Section 4 shall be modified to include the
following language under Sunday use:
"Use of the pool facilities by District and by
City shall be in accordance with all applicable
rules and regulations adopted by the parties
pertaining to the use and operation of such
facilities. It is the express intent that each
agency shall have full use of the aquatic center
facilities including restrooms, showers, parking
lot and other ancillary facilities of the swimming
pool."
The balance of Section 4 will remain the same.
It is my understanding that this letter is consistent with
the agreements reached in the meeting of representatives
from your School Board and representatives of my city Council.
Please review this letter with them and if there app
ears o
be any discrepancies, please notify me.
S// it ccerely,
ROBERT L. WYNN
City Manager
cc: J.
Cox
C.
Turner
R.
Whitley
P.
Sansone