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HomeMy WebLinkAbout12-03-1985 - AgendaCITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION COMMISSION REGULAR MEETING TO BE HELD TUESDAY, DECEMBER 3, 1985 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of November 5, 1985 4. Adoption of Agenda 5. Seati.ng of New Commissioners John Konwiser and A.Z. Taft II. ACTION ITEMS 6. Presentation by Recreation Staff 7. Review of Preliminary Plans for West Newport Park Development • (Report Attached) 8. Aquatic Management Plan - 16 -19th St. on the Bay (Report Attached) 9. Request for Tree Removal and Replacement at Balboa Inn (Letter Attached) 10. Lease Agreement for Lincoln School Gymnasium and Athletic Fields (Memo and Agreement Attached) III. PUBLIC COMMENTS IV. DISCUSSION ITEMS 11. Recreation Division Assessment (Report Attached) 12. Status of Ruby's Restaurant Request to Retain Balboa Pier Restroom (Memo Attached) 13. Capital Improvement Proposals - 1986 -87 Report Attached 14. Recreation Division (Report Attached) 15. Park and Street Tree Division (Report Attached) V. COMMUNICATIONS RECEIVED 16. Request to Acquire Property Adjacent to Begonia Park (Letter Attached) VI. SPECIAL, URGENT OR LAST MINUTE ITEMS VII. ADJOURNMENT Item No. 3 CITY OF NEWPORT BEACH Motion Seconded Ayes • arks, Beaches & Recreation Commission December 3, 1985 City Council Chambers 7 p.m. INDEX Call to Order Roll Call Approval of Minutes Adoption of Agenda Seating of New Commissioner, Ex- Officio Member Present: Ronald A. Whitley Staff Present: Jack Brooks, Park and Street Tree Superintendent Mark Dever, Recreation Supt. Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item #1 The meeting of the'Parks, Beaches and Recreation Commission was called to order at 7:00 P.M. Item #2 Roll call was taken. Commissioners Brenner, de Boom, Hopkins Springer and Wolfe were present. Item #3 x Chair Wolfe recommended rewording the "last sentence on Page 4 x under Item #10, Beach Bike Trail, of the November 5, 1985 x x minutes as follows: The Board of Trustees are taking the IX funds that they have available to them to possibly purchase a computer system and, therefore, would not have the funds towards any remodeling or work on the proposed multi - purpose building next to the Library. Motion was made by Springer to approve the minutes of the November 5, 1985 meeting as corrected. Seconded by Brenner. Unanimous. Item #4 The agenda was adopted as presented with the addition of the Joint Session with City Council, Christmas Dinner, Teen Center, and Commission Roster Update. Item #5 Chair Wolfe welcomed and introduced John Konwiser and A. Z. Taft, newly appointed Commissioners. After they were officially seated, Konwiser and Taft each gave a brief background of themselves and said they looked forward to being on the Commission and serving the community. Call to Order Roll Call Approval of Minutes Adoption of Agenda Seating of New Commissioner, CITY OF NEWPORT BEACH 3.rks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX II. ACTION ITEMS Item #6 - Presentation by Recreation Staff Presentation by Recrea- Mark Deven announced that following a slide show for the tion Staff Commission, the four Recreation Supervisors were present to make individual presentations. He thanked Dan Iwata who was responsible for the film, which was then presented showing a visual summary of the recreation programs and events offered to the community. Judy O'Shaughnessy, Supervisor of Oasis and senior programs, addressed the Commission. She gave a brief background of herself and explained the activities and organization at Oasis. She also commended Diana Springer for the tremendous job she is doing as the Commission's liaison to Oasis. Bob Granger, Supervisor of Adult and Youth Sports., addressed the Commission. He passed out information and explained the current activities offered in his Section. Nancy Beard addressed the Commission and explained her responsibilities as Supervisor of the contract classes, brochure, special events and the Community Youth Center. Dan Iwata addressed the Commission and explained his duties as Supervisor of aquatics, facility maintenance and scheduling. Mr. Iwata is also the liaison with the School District and Sports Commission in addition to running the Annual Golf Tourney and Mammoth Ski Trips. Mark Deven pointed out that the duties of the Supervisors are varied and, due to working odd hours and holidays, they must be flexible and cooperative. He thanked them for doing a good job and noted that staff will communicate with the Commissioners as to upcoming events and what they can specifically provide. He also invited suggestions from the Commission to enhance our programs and events. Motion x Item #7 - Review of Preliminary Plans for West Newport Park__ West Newport Seconded x Park Ayes x x x x x x Chair Wolfe gave a brief review of the status of West Newport Development Nay x Park. This Commission originally agreed with the Association that the site should be developed without parking. Council, however, has requested the two alternative preliminary plans, namely, with parking and without parking, be reviewed again 3 for approval. CITY OF NEWPORT BEACH o Parks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX Ron Whitley introduced Bob Cardoza of Cardoza, DiLallo and Harrington, consultants on the project, who presented the two plans. Mr. Cardoza explained the use of the flat, narrow area, the need for a passive, open space feeling and continued circulation pattern, in addition to the visual impact of the park as a theme introduction to the City. Mr. Cardoza provided overlays to show the park with angular parking. Three possible locations were proposed providing a total of 3,000 s.f., or 30 spaces. Chair Wolfe opened the meeting to public testimony and Mr. Todd Schooler, 7400 West Ocean Front, addressed the Commis- sion. Mr. Schooler, Director of the West Newport Association and Chair of the committee working on the park, supported the alternative plan of no parking. He explained that (1) Adding the 30 spaces will' not solve the real parking problem in the summer; (2) The narrowness of the site favors a green belt area rather than a park for which there is more, i activity use; (3) By policy parking should be for park users, rather than beach users; and (4) The intent of the design is to create areas for passive play and thus the parking would be a waste of land. Mr. Richard Babineau, 6511 Seashore Drive, addressed the Commission. As a member of the committee working on the park development, he is opposed to the parking concept. He said Seashore is a narrow, one -way street with parking on the right and a bicycle path on the left. The traffic is extremely congested in the summer and adding cars 'to the area would simply enhance the problems of safety, noise, litter, etc. He feels the area should provide a green belt and recreation facilities for the homeowners in West Newport since the site is not conducive to a public park. Mr. Tom Christensen, 6507 Seashore Drive, addressed the Commission. Mr. Christensen serves as a Director in the West Newport Association and is also a member of the committee working on the park. He said he had interviewed the residents of the area and they all felt additional parkin would be detrimental due to the safety hazards which would be encountered. He added that he felt this was a good project and that the goal of an aesthetic entrance to 'Newport Beach is greatly needed. Upon the close of public testimony, Ron Whitley further discussed the advantages of no parking to the area, acces- sibility to the residents and that Coastal permission will be required. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m. INDEX ,• Chair Wolfe moved the Commission accept the plan without parking. Hopkins amended the motion to include the Commission reaffirms its previous recommendation that supports the concept of no parking. Seconded by Taft. Motion passes. Motion x Item #8 - Aquatic Management Plan - 16 -19th St. on the Bay Aquatic Seconded x Management Ayes x x x x x x x Ron Whitley reported staff met several times with the local Plan sailboard dealers, a result of which were the proposed rules and regulations included in the report in the agenda packet. de Boom motioned to approve the report as written and trans- mit to Council. Seconded by Konwiser. Unanimous. Item #9 - Request for Tree Removal and Replacement at Request Balboa Inn for Tree Removal and . Chair Wolfe announced he received a request from Griswold's to remove two Ficus Netida Trees located in front the Replacement of Balboa Inn. Ron Whitley passed out a schematic of the overall plan of the area. The Merchants Association is pleased with the trees that are there, however, they have been problem trees in that they need trimming more often and their root structure causes concrete upheaval. Chair Wolfe opened the meeting to public testimony and Mr. Jerry King, #1 Civic Plaza and representative of the Balboa Inn, addressed the Commission. Mr. King said he had spoken to the Association and property owners and all have en- dorsed their project. He reviewed the existing problems such as the extended root system, maintenance, vandalism, view problems, etc., and showed a picture of the site after restoration with Palm Trees. Mr. King reported they would pay for tree removal and replacement at the Balboa Inn and recommended that all the street trees on the block be re- placed with Palms since the area theme is towards this kind of tree. Discussion followed concerning replacement of all the trees on Main Street. Wolfe suggested either a plan for both sides of the block be prepared or a plan for each area be prepared along with a fiscal commitment. Konwiser recommended removal /replacement all at once or not at all. Mr. Whitley • responded by saying although staff would support this request, it would be difficult due to residents' reaction to mass tree removal and, in addition, there is no such / allocation in the budget at this time. Mr. Whitley suggested the Commission could direct staff to prepare a cost estimate and coordinate an initial communication with CITY OF NEWPORT BEACH Motion Seconded Ayes • • arks, Beaches & Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX Lease Agree- ment for Lincoln School Recreation Division Assessment Status of Ruby's Restaurant x x all the businesses on Main Street to assess an opinion on whether or not the trees should be removed and replaced with Palms. Mr. Ray Sanford, 703 Narcissus and President of Griswold's, addressed the Commission. He said their main concerns are liability and the destructive nature of the trees on their investment for which they would like non - destructive trees as a replacement. After further discussion, this matter was referred to staff and the Commission's Street Tree Committee for review. Item #10 - Lease A%2 for Lincoln School Gymnasium an At letic Fiel as x x x x x x Following a brief discussion, de Boom motioned to approve the lease agreement as written and send to Council. Seconded by Hopkins. Unanimous. III. PUBLIC COMMENTS None. IV. DISCUSSION ITEMS Item #11 - Recreation Division Assessment Chair Wolfe had directed Mark Deven to assess the goals and objectives of the Recreation Department and his report was included in the agenda packet. Mr. Deven gave a brief summary of his report giving special attention to marketing and promotion as areas that need to be developed so as to better utilize our facilities and programs. One idea would be to provide programs, speakers, etc. to the Homeowner Associations, PTA's, Scouts, etc. In addition, Mr. Deven is working on enhancing our video presentation with an accompanying narrative. He also reported that the Community Youth Center is under utilized and he will be working towards making the community more aware of what is offered there. Item #12 - Status of Ruby's Restaurant Request to Retain Balboa Pier Restroom hair Wolfe reviewed the status of Ruby's request and noted that a schematic drawing has-been supplied in the Commission' packet showing their proposed plans. Council has requested Lease Agree- ment for Lincoln School Recreation Division Assessment Status of Ruby's Restaurant CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers 7 p.m. INDEX a full report plus the Commission's decision to be placed on their agenda for the Study Session on December 9, 1985. Following a brief discussion, Springer motioned the Commis- sion not accept Ruby's drawing as satisfying the requirements of the original approval. Seconded by Wolfe. Hopkins motioned this is out of order since this item is on the agenda as a Discussion Item and Ruby's representatives are not present to respond. Upon Mr. Whitley's recommendation, it was decided that the matter be clarified with Council at the Commission's joint session with them on December 9. Item #13 - Capital Improvement Proposals - 1986 -87 I Capital Improvement Ron Whitley reported the Capital Improvement.Proposal list as Proposals written is tentative and not in priority order, but is the beginning process done annually whereby staff and the • Commission begin to determine Capital Improvements for Fiscal Year 1986 -87. Mr. Whitley suggested adding $100,000 for the second phase site development at the Community Youth Center to complement the new building. The Environmental Nature Center in the amount of $30,000 will not be included since this site is not on City property. Mr. Whitley further explained the budget process, M &0 funds, capital improvements, and how the amounts can be affected by outside sources of funds. Chair Wolfe opened the meeting to public testimony and Jean Hilchey, 4612 Roxbury Road and past member of the Library's Board of Trustees, addressed the Commission. There was a miscommunication on funding the Mariners Multi- Purpose Building in that it was the Library's understanding that Recreation wanted a new building and would pay for it and Recreation thought the opposite. Following a brief discussion concerning the Library's automation plans and funding, it was decided the Commission's Capital Improvement Committee would meet with the Library Board to clarify and examine the matter of a new building at Mariners Park. • After discussion and questions on each of the capital improve ment projects, a tentative list was formulated which will be approved on a priority basis at the next Commission meeting on January 7, T986. CITY OF NEWPORT BEACH • arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX Recreation Division Park and Street Tree Division Request to Acquire Property Joint Session With City Council I. Christmas Dinner Item #14 - Recreation Division Mark Deven reported the November 9 Back Bay 10K Run resulted in $10,000 revenue with a net of $1800 to the City. The Recreation Department is also actively looking for a swim coach for the Newport Beach Aquatic Swim Team who will be paid on a contract basis. Item #15 - Park and Street Tree Division After Jack Brooks answered the Commission's questions, Hopkins, Chair of the Street Tree Committee, reported on the new policy adopted in which residents are notified of proposed mass tree removal. Since a proposal has been made that 75% of the Monterey Pines on Heliotrope will be re- moved, the residents will be notified in mid - December and will meet in January to discuss the concept and program. V. COMMUNICATIONS RECEIVED Item #16 - Request to Acquire Property Adjacent to Begonia Park Ron Whitley reviewed the subject letter from James Neff concerning his request that the lot at the edge of Carnation and Begonia Parks be donated to the City by the owner. Mr. Whitley suggested the Commissioners take a look at the site which would be a difficult lot to develop. The residents in the area are concerned a house may be built there which would block their view and the open feeling which presently exists. Mr. Whitley explained that the two methods by which the City could acquire this site would be either by donation or purchase, and that he will give a detailed staff report on the matter at the Commission's next meeting on January 7, 1986. VI. SPECIAL, URGENT OR LAST MINUTE ITEMS Item #17 - Joint Session With City Council Ron Whitley reminded the Commission that they meet with Council at their Study Session on December 9, 1985 at 1:30 P. Item #18 - Christmas Dinner Ron Whitley reported the Commi'ssion's Annual Christmas Dinner will be held on December 18 at the Villa Nova Restaurant. Recreation Division Park and Street Tree Division Request to Acquire Property Joint Session With City Council I. Christmas Dinner • • 1 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission a Page 8 y City Council Chambers 7 p.m. INDEX Teen Center Commission Roster Update Item #19 - Teen Center Chair Wolfe reported on the status of the proposed Teen Center. There is a possibility The Irvine Company will donate a site in Fashion Island for such a Center and, if approved by Council, this will be under the auspices of the Parks, Beaches and Recreation Department and Commission. Item #20 - Commission Roster Update Ron Whitley passed out an updated Commission Roster and asked for any changes or corrections. VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 10:30 P.M. Dottie Floh , Secretary Teen Center Commission Roster Update Item No.,e 7 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: November 25, 1985 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: Preliminary Plan for West Newport Park The consultant selected to prepare plans and specifications for the development of West Newport Park (P.E. Right -of -Way) will make a presentation to the Commission at their meeting of December 3, 1985. Your review and that of the West Newport Improvement Association is necessary prior to transmitting the preliminary concepts back to the City Council for approval to proceed with specific plans. If you will recall, the City Council had requested that two preliminary plans be prepared that show the area with and without parking. This has been accomplished and now needs the appropriate approvals to expedite construction. • If there are any questions prior to the meeting, please feel free to call. Ronald A. Whitley r 1 U • • Item No., fd@ Y CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: November 25, 1985 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: Aquatic Management Plan, 16th - 19th Streets on the Bay Background: The bay side beach between 16th and 19th Streets is a popular area for aquatic activities. The beach is easily accessible and provides limited off - street parking and trailer storage. The Parks, Beaches and Recreation Department has provided seasonal Sabot programs and sailing classes off 16th and 19th Streets respectively, and has permitted a canoe club and sailing club to base their activities in the area. During the past summer months, local sailboard dealers have utilized the beach off 18th Street to provide instruction and rentals. The growing popularity of sailboarding is evidenced by the congestion of the area off the bay side beaches and the number of sailboard dealers basing their activities in the area. The congestion has resulted in some minor accidents between swimmers, sailors and sailboarders. All parties have voiced their concerns and requested that the City take an active role in reviewing the problems. Therefore, the Parks, Beaches and Recreation Department has analyzed all aquatics activities off the beaches between 16th and 19th Streets as a means of ensuring the safe conduct of sailing, swimming and sailboarding in the lower bay. The management plan process has benefited from a dialogue with the City Marine Depart- ment, County Harbor Department, and local sailboard dealers. The results are guidelines which are endorsed by all affected parties. Specifically, it is proposed that the Parks, Beaches and Recreation Department adopt the following rules and regulations for aquatic activities conducted between 16th and 19th Streets: 1. Require sailboard dealers to provide a $1,000,000 liability insurance policy naming the City of Newport Beach and County of Orange as additionally insured. 2. Require sailboard instructors and participants to be certified by sailing and swimming standards approved by the Department. 3. Require sailboard instructors and participants to wear safety equipment approved by the Department. 4. Limit each dealer to a maximum number of boards subject to review and approval by the Department. 5. Provide limited beach storage per requirements by the Department. There will be no structures or equipment placed in such a manner as to limit a view of the bay. I -2- 6. In cooperation with the City Marine Department and County Harbor Department, • develop appropriate beach and water demarcation for all aquatic activity. 7. Continue to encourage 18th Street as a street end for launching of Catamarans and small boats. • n U 8. Locate all canoe activity on North Star Beach. 9. Retain the beach area from 18th to 19th Streets as a protected swimming area. I0 • • GRISWOLUS November 4, 1985 Parks, Beaches and Recreation Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attn: Sterling Wolfe, Chairman Dear Chairman Wolfe: Item No.,7/� As you are probably aware, Griswold's is undertaking a major restoration of the Balboa Inn, 105 Main Street, Balboa, California. We consider the Balboa Inn to be one of the most significant buildings in Newport Beach and we are making a major commitment to its restoration, including the inclusion of the property on the national register of historic sites. It is our intent to establish a showpiece in the City of Newport Beach, one of which we can all be proud of. We.have, however, a major problem with respect to the building site. Directly in front of the building, on Main Street, are two large Ficus Netida trees which have and are creating substantial problems for the Balboa Inn. At the outset, and most importantly, we have discovered roots from the trees under our foundation as far back as seventy (70) feet from the property line. This is undermining the building, damaging existing plumbing and sewer lines and, as a matter of fact, will create further problems in the future with the new electrical conduit which we have installed at the City's request. It is my understanding that the roots create substantial problems all along Main Street in central Balboa. Secondly, the trees create added problems concerning cleanliness. They are a major source of bird droppings and we are quite certain that another suitable tree would be better suited to create less of a problem. Finally, the trees, because of their extensive branches, are a security problem for the Hotel. Recently, we have had two instances • where vandals have been able to transgress to the inside of the Hotel from the trees. 0 C� We are suggesting that we obtain authority from the City of Newport Beach to remove these trees and replace them with something more suitable, a tree that would highlight the beauty and emphasize the Balboa Inn, itself. We would hire a landscape architect to advise us on this matter, obviously. We know, well, that a different pair of trees will do much to accent the historic beauty of the Hotel. By the way, we would be willing to participate, jointly, with other property owners in the future, to redesign and landscape the streetscape along the south portion of Main Street. This, we would presume, would happen sometime in the future. We would not, however, want our request to be delayed because of this possibility. We would like the City of Newport Beach to join with us in our major commitment to the preservation and'restoration of what we consider to be one of the finest buildings in Southern California. The tree issue is an important one to us and we hope that you share our concerns. We are aware of the fact that these particular trees have created severe problems for the City for many years in terms of sidewalk and street maintenance, not to mention liability. We would appreciate being placed on the agenda for the meeting of December 3, 1985. In the meantime, if you have any questions concerning this, please do not hesitate to contact our representative, Mr. Jerry King. Mr. King's telephone number is 714- 720 -8787. Thank you for your attention to this matter. GPA:km TAPEII.BP I �-- Very truly yours, GRISWOLD'S George P. Auger Vice President Item No. 2'/-0 CITY OF NEWPORT BEACH 0 Parks, Beaches and Recreation Department is • DATE: November 25, 1985 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: Lease Agreement for Lincoln School Gymnasium and Athletic Fields Recommendation: Request that the City Council authorize the implementation of the lease agreement for the City's use of the Lincoln School gymnasium and athletic fields. Discussion: For some time the staff has been pursuing the subject lease agreement to enable an efficient self- supporting method of use established to benefit the community. All terms as specified in the agreement are acceptable to the staff and we look forward to acquiring the facility and possible improvements that will provide a major facility that can be used by all segments of our recreational programs. Ar-1 13 1 02 3 4 5 6 7 8 9 10 11 12 4P3 14 15 16 17 18 19 20 21 22 23 =4f, LEASE AGREEMENT THIS LEASE, between the NEWPORT —MESA UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT," and the CITY OF NEWPORT BEACH, hereinafter referred to as "CITY," is entered into this 10th day of December, 1985. 1. DISTRICT leases to CITY portions of that certain real property referred to as the Lincoln Intermediate School located at 3101 Pacific View Drive, Corona del Mar, California. These portions consist of the gymnasium and lighted play fields. (See Attachment No. 1). 2. The term of this Lease shall be for a period of ten (10) years beginning the 10th day of December, 1985 and ending the 9th day of December, 1995. 3. CITY agrees to pay DISTRICT the sum of $12,000 annually. Payment shall be due December 10, 1985 and each December 10 thereafter during the life of this Agreement. 4. This Agreement is subject to review by both parties every two years with the first review period in 1987. If mutually agreed, this Agreement may be extended for an additional two years beyond the stated expiration date of December, 1995. This process creates an "evergreen" 10 —year lease, subject to biennual mutual agreement. Nothing in this lease, however, precludes either party from taking steps to cancel the Agreement by serving the other party formal notice of official action taken either by the Newport —Mesa Unified School District Board of Education or the Council of the City of Newport Beach terminating the Lease Agreement two calendar years from the date of such official action. 5. The CITY shall not assign or sublet all or any part of the premises described without the consent in writing of DISTRICT. Tenant shall not make any alterations or additions to the premises without permission of DISTRICT. Any alterations or additions to premises shall be at the sole cost of CITY. In CITY use of the facilities or in subletting with prior permission of the Board of Education, CITY shall not derive revenue in excess of the annual rent. If CITY derives income in excess of the annual rent, fifty (50) percent of all such revenues shall be due and payable to the DISTRICT. 6. CITY shall, during the term of this lease, keep in good order, condition and, repair the facilities described including the repair of windows, roofs, field lighting system, painting, blacktop around the facility, including service systems to facilities leased. CITY shall also pay DISTRICT for all repairs necessitated by CITY or CITY's invitees misuse of the leased premises. 7. CITY shall, during the term of the Lease, follow as closely as 1possible in scheduling the facilities the DISTRICT'S Priority of Use as • • r i U 1 2�1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 1� spelled out in DISTRICT Rule and Regulation 7410, paragraph 7.0, which state that youth activities conducted for N -MUSD students will have preference over adult activities. The priority of scheduling shall be as follows: 1. Regular school programs, including summer school activities 2. CITY sponsored and /or school connected youth groups, e.g., Harbor Area Baseball Program 3. Other youth activities 4. CITY adult programs 5. Other adult programs 8. CITY, shall, during the term of the Lease, keep the interior of the premises and every part thereof in good order, condition and repair as well as maintain the fields in a safe condition. If CITY fails to perform its obligations under this section, DISTRICT may, at its option, after ten (10) days written notice to CITY, enter upon the premises and put the same in good order, condition and repair and the cost thereof shall become due and payable as additional rent by CITY to DISTRICT upon demand. On the last day of the term hereof, or on any sooner termination, CITY shall surrender the premises to DISTRICT in the same condition as when received, that is, broom clean, ordinary wear and tear excepted. CITY shall, at its own cost and expense, provide all janitorial supplies and services to the leased premises, which shall include but not be limited to the replacement of restroom supplies, lightbulbs and flourescent tubes. CITY shall, at its own cost and expense, maintain the landscaping and turf areas for which it is responsible in an attractive and safe condition. In addition, CITY will maintain the field sprinkler systems and associated clocks in an operable condition. CITY also agrees to keep the playing fields under their control free from rodent infestation. 9. CITY agrees, at its own expense to maintain in force during the term of this Lease, full comprehensive public liability insurance, insuring against all claims for injuries to person or persons or property occurring in, upon or about the leased premises. Said policy shall have limits of not less than $5,000,000 for injuries to person or persons, and not less than $1,000,000 for property damage. CITY shall supply DISTRICT with a. Certificate of Insurance of such policy or other documentation satisfactory to DISTRICT. Such policy or statement shall show DISTRICT immunity with respect to claims arising out of CITY's occupancy and use of the leased premises. DISTRICT shall carry the necessary policy, or policies, covering the hazards of fire, vandalism, malicious mischief and "extended coverage" in an amount of at least ninety (90) percent of replacement cost - contents excepted. CITY shall, as additional lease payments, reimburse DISTRICT the premium cost of said insurance. Revised 10/23/85 -2- Ll • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. CITY shall cause all necessary utility services to be placed in its name and -shall pay all charges therefore during the term of this Lease. 11. All notices pursuant to this Lease shall be addressed as set forth below, or as either party may hereafter designate by written notice, and may be sent through the United States mail to: DISTRICT Business Office Newport —Mesa Unified School District P. 0. Box 1368 Newport Beach, CA 92663 CITY City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 12. CITY agrees that no improvements shall be erected, placed upon, operated or maintained with the demised premises without prior written consent of DISTRICT, nor shall any business be conducted or carried on in violation of any regulations, order of law, statute, bylaw or ordinance of any governmental agency having jurisdiction. Any modifications or additions to the leased premises shall revert to sole ownership of DISTRICT at the conclusion of Lease. 13. In the event of any breach of this Lease by CITY, DISTRICT shall notify CITY in writing of such breach and CITY shall have sixty (60) days in which to cure said breach. If such breach is not cured within the specified time, this Lease shall 'be terminated; in which event CITY agrees to immediately surrender possession of the premises and to pay to the DISTRICT, in addition to any other remedy DISTRICT may have, all damages DISTRICT may incur by reason of its defaults, including the cost of recover- ing the premises. 14. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental laws or regulations, or other cause beyond the control of the party obligated (financial inability excepted), performance of such acts shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for the period of the delay. However, nothing in this clause shall excuse either party from the prompt payment of any rental or other charges required except as may be expressly provided elsewhere in this Lease. 15. This Lease sets forth the entire Agreement between CITY and DISTRICT and' any modifications must be in the form of a written amendment. 16. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 17. The failure of either party to insist upon strict performance of `'J Revised 10/23/85 —3— . I lVl2 31 any of the terms, conditions or covenants in this Lease shall not be deemed • a waiver of any right or remedy for a subsequent breach or default of the 4. terms, conditions or covenants herein contained. 5 18. In the event of: partial destruction of or damage to leased premises or the leased premises being declared unsafe or unfit for 6 occupancy, by a public authority authorized to make such declaration, for any reason other than CITY's act or use of occupation, except as otherwise 7 provided; DISTRICT shall, as soon as practicable, make such repairs as are necessary to restore the leased premises to the condition which existed 81 prior to destruction or damage and /or make such repairs as are necessary to make the leased premises safe and fit for occupancy. In lieu of necessary 9 repairs, DISTRICT shall be entitled to terminate Lease in the event DISTRICT determines that repairs are not feasible. CITY shall, however, be entitled 10 to a reduction of rent during any period its use and occupancy of the leased premises are adversely affected by reason of destruction, damage, 11 restoration and /or subsequent repair required thereby. Such reduction shall be proportionate to the interference with CITY's ordinary use of the leased 12 premises. 13 I 19. DISTRICT shall have the right at all reasonable times to inspect the leased premises to determine if the provisions of this Lease are being 14 i complied with. i 15 20. CITY has inspected the premises which are the subject of this Lease and agrees that, as of the date of the execution of this Lease, they • 16 are acceptable. 17 21. This Lease is entered into pursuant to the authority of the Education Code of the State of California (beginning with Section 3936). 18 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of 19 the date first written above. 20� 21 Date: 22 DISTRICT• 23 Secretary, Board of Education Newport —Mesa Unified School District 24 25 TENANT: 26 City of Newport Beach 27 28 • I Revised 10/23/85 —4- f Item No. 191,// CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: November 22, 1985 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: Recreation Division Assessment Background The Recreation Division consists of one of two Divisions which form the organizational structure of the Parks, Beaches and Recreation Department. The Division is responsible for all leisure, human services and recreation functions offered by the City of Newport Beach. The programs, services and activities offered include special events, special interest classes, facility permits, sports leagues, community theatre, senior programs and recreation activities offered at the Community Youth Center. The Division also maintains over 30,000 square feet of building space, liaisons with community based organizations and provides administrative support for tracking participation, registration transfers and refunds. • For the purposes of assessing the Division's activities, a brief description of major program elements is provided followed by objectives which will address areas of improvement. Special Events The Department plans, promotes and conducts seven special events annually involving many different community interests. Special events include the Mariners Park Fourth of July celebration, Via Lido Merchants Christmas program, Eastbluff Plaza Easter Egg Hunt, City Golf Championship, Corona del Mar Labor Day picnic, the Back Bay lOK and Corona del Mar 5K. The events are characterized by community co- sponsorship which involve local business and service organizations. As an example, the Department's Christmas and Easter holiday events are supported by the Merchants Associations at Lido Village and Eastbluff Plaza who secure donations from member businesses. This relationship enables the Department to offset direct costs associated with producing large scale events. Special Interest Classes The Department annually programs over 900 special• interest classes promoted on four seasonal brochures. The classes are both sophisticated and self - supporting through a fee structure which assesses both direct and indirect costs. The seasonal class schedules span an interest scale which includes culinary arts, martial arts, visual art, theatre, dance and fitness. The • Department also provides a comprehensive instructional tennis program which features classes for all age and skill levels. Over 400 separate tennis classes are offered annually in addition to private lessons and tournaments. -2- Aquatics • The Department offers harbor aquatic activities that are unique to Newport Beach as well as instruction, competitive and recreation swim programs typically provided by inland communities. Sailing classes feature instruction for Sabots, Catamarans and Sailboards for beginning and experienced sailors. The 50 meter pool at Newport Harbor High provides a well supervised environ- ment for swim lessons, lifesaving, diving and recreation swim. Since 1984 the Department has offered a competitive swim program through the Newport Beach Aquatic Swim Team. The team is co- sponsored by the Parent Support Group which provides volunteer assistance, fund raising, and promotion of community competitive swim. Youth and Adult Sports Year round sports activity is offered for youth as young as eight years as well as adults. Seasonal youth sports leagues are formed for girls softball, boys flag football and boys basketball. Adult sports include softball, basketball, and beach volleyball. Classification standards insure competitive play within men's, women's, and coed divisions. Over 7,000 youth and adults participate in City sports leagues. In addition to being a direct provider, the Department assists private youth sports organizations by coordinating their use of City facilities. Programs using City athletic fields include Harbor Area Baseball, Newport National Little League, American Youth Soccer Organization and Junior All American • Football. Senior Programs and Services Through the comprehensive leisure and human needs services offered at Oasis, the Department addresses the community's senior needs. Staff and volunteers program art workshops, photography classes, calligraphy, music lessons and numerous other special interest pursuits. Human needs services include information /referral, congregate meals, volunteer training, health clinics and transportation. The operation of Oasis is made possible by the Friends of Oasis, a non - profit organization which assists the Department by staffing essential support services and directly operating programs. The Friends of Oasis have contributed capital equipment and furnishings, including a passenger van, through fund raising activities. Communitv Theatre Another example of self -help is the community theatre program, a cooperative venture between the Department and the Friends of the Theatre Arts Center. The non - profit organization presents approximately five outstanding theatre productions annually, utilizing their collective talent and creativity. The Department provides improvements, maintenance and upkeep of the Theatre Arts Center, and acts in an advisory capacity with the Friends of the Theatre Arts Center Board of Directors. Community Youth Center • The Community Youth Center provides a non -fee recreation program available weekdays after school and Saturdays. Operational hours are expanded during E school vacation periods. tournaments and special • programs are important, for the City's youth to Goals and Objectives -3- Programmed activities include crafts, sports, events for youth of all ages. Although planned the Community Youth Center also provides a place come within a well supervised environment. The Recreation Division's activities are comprehsensive, however, the programs and services offered are sometimes under utilized due to Timited promotional and marketing resources. In addition to continuing,the mailing of 120,000 seasonal brochures and large quantities of flyers annually, the Department must market services through personal contact. City representatives should be available to meet with homeowner associations, special interest groups and parent- teacher associations. Therefore, the Recreation Division is adopting as a goal the expansion or marketing efforts to community groups and the enhancement of promotional resources presenting recreation opportunities available to the residents of Newport Beach. Specific objectives include: Development of a comprehensive audio - visual program promoting recreation opportunities by utilizing color slides and narration. 2. Provide a "speaker bureau" featuring use of audio - visual , seasonal brochures and flyers. 3. Outreach to community based organizations to create an awareness of • the Department's marketing effort. 4. Provide a forum for determining other community leisure and service needs not yet identified by the Department. • Full implementation of this project will not only depend on staff, but on the use of volunteers and members of the Parks,'Beaches and Recreation Commission. Item No. )el I,-- • Parks, Beaches and Recreation Department DATE: November 25, 1985 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: Ruby's Restaurant Request to Retain Balboa Pier Restroom As directed by the Commission at your meeting of November 5, 1985, Doug Cavanaugh of Ruby's Restaurant has supplied a schematic that shows how the existing restroom can be tied in with the new construction. For your information, the City Council has requested that all information, and the Commission decision, be put in a report to be placed on the Study Session of December 9, 1985 for their consideration. If there are any questions, please feel free to call. is Item No. � 3 is 6. Harbor View Nature Park $200,000 Proposal to further develop natural canyon area into an interpretive center. 7. Mariners Park Multi- Purpose Building $300,000 New building to allow Library Department to use existing multi - purpose room. 8. West Newport Park, Phase II $150,000 Additional funding necessary to complete development of P.E. Right -of -Way. CAPITAL IMPROVEMENT PROPOSALS FY 1986 -87 • CITY OF NEWPORT BEACH DEPARTMENT OF PARKS, BEACHES AND RECREATION 1. Bonita Creek Park $1,800,000 12 acre parcel to be developed to include: 2 night lighted softball diamonds, parking, tot lots; building with restrooms, concession and multi - purpose room. 2. 38th Street Park Amount to be determined by 1/1/86 Park redevelopment due to widening of Balboa Blvd. 3. Cliff Drive Park Amount to be determined by 1/1/86 Refurbish existing facility as designed this fiscal year. 4. Needs Assessment Study of Seniors in Newport Beach $20,000 Comprehensive study to determine needs and location of senior services. 5. Park Facility Improvement Fund $50,000 • Provides funds for several small refurbishment projects of existing facilities. is 6. Harbor View Nature Park $200,000 Proposal to further develop natural canyon area into an interpretive center. 7. Mariners Park Multi- Purpose Building $300,000 New building to allow Library Department to use existing multi - purpose room. 8. West Newport Park, Phase II $150,000 Additional funding necessary to complete development of P.E. Right -of -Way. Item No.�,� • RECREATION DIVISION NOVEMBER, 1985 PROGRESS REPORT, Special Events The First Annual Back Bay IOK and Two Mile Fun Run was held November 9. Well over 400 runners participated in the event, co- sponsored by General Telephone Directories Sales and the Newport Harbor Area Chamber of Commerce. The event was enhanced by the participation of local businesses who donated prizes and set up colorful promotional displays in the registration area. As the Holiday Season approaches, the Department is planning special activities during expanded school vacation hours at the Community Youth Center. The Community Youth Center will be open daily from 10:00 A.M. to 4:00 P.M. The Rent -A -Santa program is already accepting reservations through mid December. The Department is also finalizing plans for the Via Lido Village Holiday program on December 14. ial Interest Classes The fall schedule will conclude in approximately two weeks. Winter program registration will begin December 20 through January 6. Aquatics and Tennis • Despite a recent swim coach vacancy, the Newport Beach Aquatic Swim Team is continuing practices under an interim coach and with the assistance of volunteers from the Parent Support Group. All fall program sailing classes concluded November 24. The fall tennis schedule will conclude with a special tennis camp December 16 -20. Sports The Boys Flag Football season will conclude in December. City Champions in the 3rd -4th and 5th -6th grade divisions will participate in the Orange County playoffs on December 7. The Cross Country Meet on November 10 attracted 25 participants, most of whom qualified for the County Meet in Irvine on November 16. Adult softball and basketball leagues will conclude fall play in mid - December. Senior Programs The Oasis Center has spent a busy month providing leisure and health services programs and planning for the Holiday season. Organ lessons, fitness classes and self- interest lectures were among the largest attended programs. Health services included Blood Pressure Testing and Visual Aids Screening. As a Special Event, a contingent of seniors travelled to Andersen School for the "Thanksgiving Grandparent Party." The Andersen kindergarten class hosted the Holiday theme party. December schedule highlights include a Senior Forum on December 9,conducted'by State Senator Marian Bergeson, and the Fund Raising • Christmas Party on December 15. Ed Williams has rescinded his letter of resigna- tion as President of the Friends of Oasis and will fulfill the remainder of his term through the first week of April, 1986. The Department is appreciative of Mr. Williams' fine efforts and accomplishments. Mark Devene S Item No. le3' / 5 PARK AND STREET TREE DIVISION • NOVEMBER, 1985 PROGRESS REPORT Our Park Crews performed the following tasks in addition to normal maintenance during the month of October: Moved books from West Newport to Central Library. Graded Corona del Mar Bluffs above parking lot. Prepared Irvine Terrace Park for dedication. Installed concrete curb to control water at Reservoir Park. Graded and prepared for seed at Cliff Drive Park. New irrigation installed at "L" Street Park. Our Street Tree Division performed the following: Trimmed 797 trees. Removed 22 trees. • Root pruned 2 trees. Completed 12 Work Requests. U N. Areas being trimmed this month are Harbor View,Hills and Corona del Mar Eucalyptus. Me Item No. 16 0 November 25, 1985 Mr. Ronald A. Whitley Director Parks, Beaches & Recreation City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 Dear Mr. Whitley, Thank you for meeting with my wife and myself earlier this month. As discussed, like the rest of the people of Newport Beach and Corona Del Mar, we are very concerned about retaining and improving the parks and public open areas in the city. Of particular concern is the preservation of one of the most beautiful and unique ocean and bay view parks in Newport Beach - Carnation and Begonia Parks, including the observation bench at the corner of Pacific and Begonia. This is not only our personal favorite locale in the city, but after several discussions with dozens of other residents, it seems that Carnation Park is loved by everyone, primarily because of its wonderful view. • It was in these discussions that we were alarmed to find out that the observation point at the corner of Begonia and Pacific is not part of the park but is privately owned. Upon further research, we found out that building plans for this property were turned down in the past only because the dimension of the proposed structure demanded unacceptably large variances from the building codes. It seems, however, after checking with the Planning Department, that this is a buildable lot, and the City will do whatever it can to facilitate construction, including the granting of variances as required for the construction of a reasonably size home. For example, the Planning Department will grant an easement through Carnation and Begonia Parks if necessary for garage access. Such easement, will take away actual land from the parks. In addition, any structure that is built will block the view from the view park and hang over the lower park, creating a very closed in environment. The view and the open feeling will be gone forever. Because of this risk of ruining these very fine city parks, it is in everyone's best interest that the City do whatever is possible to obtain the lot at the edge of Carnation and Begonia Parks. Because the City has unsuccessfully attempted to purchase view lots in the past, we would like to offer an alternative. Our suggestion is that the Department of Parks, Beaches & Recreation propose to honor the owner of the lot at the corner of Begonia and Pacific as an outstanding civic philanthropist and rename the park after him in exchange for his donating his lot to the city, to be permanently incorporated into the park. ' . Without doubt, this is in the best interest of the people of Newport Beach and Corona Del Mar in that it will preserve a beautiful environment and insure lasting openness in a very densely populated area where little or no yards exist. Mr. Whitley, as Director of Parks, Beaches and Recreation for Newport Beach, we are sure you would like to do whatever is possible to protect this special place. As far as we know, no plans for the development of this property have been recently submitted, and therefore, now is probably the best time to approach the owner. As you know, once plans are submitted, it will be too late to take this approach. Sincerely, IIL James K. NefffCA9 1422 Keel Dr Corona Del M (714) 759 -9274 JKN /tig •